§ 22-120. Nuisance—Declared and penalty provided.

(a)

The presence of any junked item on any public or private property occupied or unoccupied, improved or unimproved, within the city shall be deemed and is hereby declared a public nuisance; and it shall be unlawful for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any junked item on the property of another or to suffer, permit or allow any junked item to be parked, left or maintained on his own property; provided that this section shall not apply with regard to:

(1)

Any junked item in a completely enclosed building which, for the purposes of this article, shall be considered to include a completely enclosed carport or completely enclosed garage attached to a residence;

(2)

Any junked item on the premises of a business enterprise operated in a lawful manner when necessary to the operation of such business enterprise lawfully licensed by the city; or

(3)

Any junked item situated in an appropriate storage place or depository maintained at a location where such storage place or depository is authorized under other regulatory ordinances of the city.

(b)

In addition to any other penalties or process provided for in this article, any person violating any provision of this section shall be subject to punishment in accordance with section 1-9. This penalty shall be applicable independent of and without any requirement that the city, the mayor or his duly authorized agent provide any notice to abate, serve any orders or notices, secure any judicial order of abatement, or seek any liability for cost of abatement.

(Code 1968, § 10-62; Ord. No. 490, 3-7-1989; Ord. No. 2007-02-B, 3-6-2007; Ord. No. 2007-10-B, 11-6-2007)