An ordinance pertaining to storage of junk, building material and other items and the disposal of such items

BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HATTON, TRAILL COUNTY, NORTH DAKOTA AS FOLLOWS:

SECTION 1.     General Provisions

A.  DEFINITIONS.  The following words or terms when used herein shall be deemed to have the meanings set forth below:

1.  JUNK shall include, without limitation, parts of machinery or motor vehicles, unused furniture, stoves, refrigerators, or other appliances, remnants of wood, metal, or any other castoff matter of any kind, whether or not the same could be put to any reasonable use.

2.  BLIGHTED STRUCTURE shall include without limitations, any dwelling, garage, or outbuilding, or nay factory, shop, store, warehouse or any other structure or part of a structure which because of fire, wind, or other natural disaster, or physical deterioration, is no longer habitable as a dwelling nor useful for the purpose for which it may have been intended.

3.  BUILDING MATERIALS shall include, without limitations, lumber, bricks, concrete, or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, cement nails, screws, or any other materials used in constructing any structure.

4.  PERSON shall include all natural persons, firms, co-partnerships, corporations, and all associations of natural persons, incorporated  or unincorporated, whether acting by themselves or by a servant, agent, or employee.  All persons who violate any of the provisions of this article, whether as owner, occupant, leasee, agent, servant, or employee shall, except as herein otherwise provided, be equally liable as principals.

5.  TRASH and RUBBISH shall include any and all forms of debris not herein otherwise classified.

B.  It is hereby determined that the storage or accumulation of trash, rubbish, junk, building materials, and the maintenance of blighted structures upon any private property within the City of Hatton tends to result in blighted and deteriorated neighborhoods, the increase in criminal activity, the spread of vermin and disease, and is contrary to the public peace, health, safety and general welfare of the community.

C.  It shall be unlawful for any person to store, or permit the storage or accumulation of trash, rubbish, or junk on any private property in the City of Hatton except within a completely enclosed building or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in auto parts, dealer in secondhand goods.

D.  It shall be unlawful for any person to dismantle, cut up, remove parts from, or otherwise disassemble any automobile, whether or not the same be a junk automobile, abandoned vehicle or otherwise, or any appliance or machinery, except in a completely enclosed building, or upon the business premises of a duly licensed junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand  goods.

E.  It shall be unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store, or warehouse unless the same is kept securely locked, the windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by unauthorized persons or unless such structure is in the course of construction in accordance with a valid building permit issued by the City of Hatton and unless such construction is completed within a reasonable time.

F.  It shall be unlawful for any person to store or permit the storage or accumulation of building materials on any private property except in a completely enclosed building or except where such building materials are a part of the stock in trade of a business located on said property or except when such materials are being used  in the construction of a structure on the property in accordance with a valid building permit issued by the City of Hatton, provided, however, it shall be unlawful to allow any trash, construction waste or discarded materials to  accumulate in such a manner so as to create an unsanitary condition, become a harborage for insects or rodents or become a nuisance to adjacent properties due to blowing or scattering debris.

G.  The police department may remove or cause to be removed any junk, trash rubbish, from any unenclosed private property after being notified, in writing, the owner or occupant of such property of its intention to do so at least forty-eight (48) hours prior to such removal.  Such notice shall be served personally upon the owner or occupant of the property, if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. Such junk shall be removed to the landfill and disposed of in accordance with law.  Such removal by the police  department shall not excuse or relieve any person of the obligation imposed by this article to keep their property free from storage or accumulation of junk, trash, or rubbish nor format the penalties for violation thereof.  

H.  Any junk, trash, rubbish, removed from unenclosed private property as provided in Section G, or coming into the possession of the City of Hatton police department by abandonment on public property in the City of Hatton which is determined by the city council to be of no value other than as scrap metal shall be disposed of by the manner as to eliminate the unsightly accumulation of such worthless hulks and the hazards to public health attendant thereto with the leastpracticable day.

I.  The cost of removal shall include but is not limited to equipment use, labor, and disposal fees.  The cost for removal of such junk, trash, or rubbish under and was abated.  The Chief of Police shall certify to the City Auditor the description of the property on which the junk was abated, the date and method of removal, and such other information as may be deemed necessary and the City Auditor  shall bill the costs to the owner or owners of the property involved, and such bills  shall be due and payable immediately, and cost remaining unpaid after  October 15th of the year in which billed shall be certified by the City Auditor to  the County Auditor, who shall spread the same against the lots or parcels of land in the same manner as other special assessments are spread, and such assessments shall be collected at the same time and in the same manner as special taxes are collected.

SECTION 2.  Penalty.  Any person, firm, or corporation violating any of the terms or provisions of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment, in the direction of the court; the court to have the power to suspend said sentence and to revoke the suspension thereof.  Each day any person, firm, association or corporation shall violate any of the provision of this article  shall constitute a separate offense.

SECTION 3.  Validity.  All ordinances and parts thereof in conflict herewith are herby repealed.  If any portion of this ordinance is found to be invalid for any reason, the validity of the remainder shall not be affected.

SECTION 4.  Severance.  Any provision of this ordinance held to be unconstitutional or invalid shall not affect other provisions of this ordinance.