§ 13-17. Weeds and offensive conditions.

(a)

Weeds.

(1)

A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person permits or allows weeds to grow on the premises to a greater height than nine (9) inches. Said premises shall include, but not be limited to, the parkway between sidewalk and the curb; the right-of-way between any fence, wall or barrier and the curb or pavement if such exists or the center line of said right-of-way; or the area between a fence, wall or barrier and within any abutting drainage channel easement to the top of such channel closest to the property.

(2)

It shall be a defense to subsection (a)(1) that such vegetation upon such property is actually being used for agricultural purposes.

(3)

With respect to uncultivated agricultural properties or tracts of land that contain no structures used or designed for human occupancy for residential or commercial purposes, a person, owner, tenant, agent or person responsible for such property commits an offense if said person permits or allows weeds to grow to greater height than twenty-four (24) inches within fifty (50) feet from any adjacent property under different ownership or any street right-of-way. However, on cultivated agricultural properties where the distance between the growing crop and abutting property under different ownership or street right-of-way is less than fifty (50) feet, the person, owner, tenant, agent or person responsible for such property commits an offense if said person permits or allows weeds to grow to a greater height than nine (9) inches.

(b)

Undeveloped land. Undeveloped land shall be cleared of all brush and undergrowth for a minimum distance of one hundred (100) feet where abutting developed areas and a minimum distance of fifty (50) feet along all abutting roadways. The requirements of subsection (a)(1) above shall apply to the portions of undeveloped land that are within fifty (50) feet of abutting developed areas or twenty-five (25) feet of abutting public roadways.

(c)

Swimming pools. A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person maintains a swimming pool in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests.

(d)

Rubbish. A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person keeps, stores, or accumulates thereon rubbish, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, and cans, on said premises for ten (10) days or more, unless the rubbish is completely enclosed in a building and not visible from a public street or the premises is lawfully operated as a landfill.

(e)

Insects. A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person permits or allows upon those premises:

(1)

A condition or place that is a breeding place for flies; or

(2)

A collection of water that is a breeding place for mosquitoes.

(f)

Unsanitary conditions. A person, owner, tenant, agent or person responsible for any premises, occupied or unoccupied, commits an offense if said person maintains those premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests.

(Ord. No. 176, § 1, 5-22-69; Ord. No. 633, § 2, 7-27-92; Ord. No. 633-1, § 2, 10-28-02; Ord. No. 633-3, § 1, 1-16-12; Ord. No. 633-4 , § 1, 4-27-15)

Editor's note

Ord. No. 633-4 , § 1, adopted April 27, 2015, changed the title of § 13-17 from "Unsanitary or hazardous conditions unlawful" to read as herein set out.