2017-009 - Declaring Junk and Rubbish a Public Nuisance; authorizing the Building & Standards Commission to ....

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"Junk shall mean scrapped, broken, or neglected items and materials. Junk includes items such as plastic, cloth, glass, rags, paper or metals that can be converted into usable articles or stock, or articles that have outlived their usefulness in their original form. Examples of "junk" include, but are not limited to, empty bottles and jars; empty metal, plastic or paper products; stoves, refrigerators, iceboxes, and other discarded, broken, or neglected electrical, gas or hand - operated appliances; pieces of metal scrap; feathers; furniture; dead animals; rocks; shingles and other discarded and /or pre -used building materials; discarded and /or pre -used electrical and plumbing materials; junk; trash; refuse; worn -out, wrecked, or dismantled machinery, tractors, and automobiles; discarded engine or motor parts; automobile and truck parts of all descriptions; used tires, wheels and inner tubes; discarded batteries; cardboard; broken pieces of concrete; previously used packing materials; discarded, broken, or neglected household goods and furnishings; or any household item, including plumbing fixtures and materials, located outdoors that is designed for indoor use; as well as parts and pieces of any of the foregoing." Section 3. That Section17 -26, "Additional authority to abate dangerous weeds without prior notice," shall be re- captioned "Additional authority to abate dangerous weeds without prior notice, and to abate junk and rubbish following an order of the Building and Standards Commission," and amended to read: "(a) Authority to abate dangerous weeds. The City may abate, without prior notice, weeds that: 1) Have grown higher than forty -eight (48) inches; and 2) Are an immediate danger to the health, life, or safety of any person. "(b) Notice of abatement. Not later than the tenth day after the date the City abates weeds under this section, the City shall give notice to the property owner in the manner required by subsection 17 -25(b) of this article. The notice shall contain the items specified in subsection 17 -28(a) of this article. "(c) Hearing. The City shall conduct an administrative hearing under this section if not later than the thirtieth day after the date of the abatement of the weeds the property owner files with the City a written request for a hearing. If a hearing is requested, it shall be conducted according to subsection 17 -28(c) of this article, except that the hearing shall be conducted by the municipal court judge not later than the twentieth day after the date a request for hearing is filed. "(d) Authority to abate junk and rubbish. The City may abate junk and rubbish, as defined herein, as follows: 1) All junk and rubbish shall constitute a menace to the health, morals, safety, or general welfare of their occupants or of the general public are declared to be public nuisances and shall be ordered to be removed or stored.