Chapter 8-24
NUISANCES
Sections:
8-24-015 Unsafe storage of containers.
8-24-020 Outdoor storage on public property.
8-24-025 Outdoor storage on private property.
8-24-030 Outdoor storage of tires.
8-24-050 Provisions supplemental.
8-24-010 Nuisance declared.
A. It is hereby declared a nuisance and it shall be unlawful for any person or property owner to store any material or item outdoors on any property in the city in violation of the regulations or prohibitions of this chapter after that person or property owner has received a three (3) day cease and desist notice in writing signed by the chief of police, building inspector, or city administrator.
B. The regulations and prohibitions contained in this chapter shall not apply to the storage of materials or items by a unit of local, state, or federal government.
C. For the purposes of this chapter, “storage” means the keeping or retention of tangible personal property for any purpose. (Ord. 3500 § 2, 2024)
8-24-015 Unsafe storage of containers.
It is unlawful for any person to store or place more than two (2) containers on top of one another in or on any property that is within fifty (50) feet of the public way. For purposes of this section, “container” means any container that can be used across different modes of transport, such as ship, rail and truck, without unloading and reloading its cargo, and which is sometimes referred to as a shipping container or an intermodal container. (Ord. 3500 § 2, 2024; Ord. 3450 § 1, 2022)
8-24-020 Outdoor storage on public property.
The storage of any of the following materials or items on any street, sidewalk, alley, parkway, public right-of-way, or other outdoor public property in the city is expressly prohibited:
A. Boats;
B. Lumber, timber, or wood of any type including, but not limited to, pallets, wooden boxes, wooden barrels, veneers, plywoods, flexwoods, stacked wood, or firewood;
C. Construction-related materials;
D. Cinder blocks;
E. Household or commercial waste containers;
F. Merchandise or other products; or
G. Any other materials or items. (Ord. 3500 § 2, 2024)
8-24-025 Outdoor storage on private property.
The storage of any of the following materials or items outdoors on any private property in the city is expressly prohibited:
A. Inoperative motor vehicles, unless such motor vehicles are temporarily stored at a licensed and properly zoned automobile repair shop for immediate service or repair or public storage facility;
B. Lumber, timber, or wood of any type including, but not limited to, pallets, wooden boxes, wooden barrels, veneers, plywoods, flexwoods, stacked wood, or firewood, unless such item is stored at a licensed and properly zoned lumberyard or pallet manufacture located on the property or the firewood is stored in a neat and orderly fashion on a raised platform at least six (6) inches off the ground, is covered in such manner as to keep the firewood dry, and is solely for personal use and not for commercial use;
C. Construction-related materials, unless such materials are directly associated with a valid and active building permit or a licensed and properly zoned contractors’ yard;
D. Landscape material, landscape debris, landscape waste, or other greenery including, but not limited to, grass clippings, leaves, branches, brush, or loose soil;
E. Merchandise or other products not temporarily displayed and directly associated with the licensed business located on the property or that do not have a valid permit from the city to allow such outdoor storage; or
F. Any other materials or items unless such materials or items are properly zoned and authorized under the city’s zoning code. (Ord. 3500 § 2, 2024)
8-24-030 Outdoor storage of tires.
It is unlawful, except where permitted by a duly issued license, for any person occupying or owning real estate in the city of Harvey to allow, permit or maintain, on private property, outside of an enclosed building, the storage of tires unless the tires are stored in racking in accordance with NFPA standards. (Ord. 3500 § 2, 2024; Ord. 3405 § 1, 2020)
8-24-040 Violation—Penalty.
Any person, firm, corporation, or other entity convicted of a nuisance under this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. Each day such nuisance shall persist after notice to abate has been received shall constitute a separate and distinct offense. (Ord. 3500 § 2, 2024; Ord. 3494 § 2(B), 2024; Ord. 3450 § 2, 2022; Ord. 3405 § 2, 2020; Ord. 2180 §§ 1, 4, 1980)
8-24-050 Provisions supplemental.
A. Nothing in this chapter shall be deemed to limit the city’s use of any or all means available to remove the nuisance by the chief of police, building inspectors, or city administrator, or summarily eliminate immediate hazards to the public health, safety, or welfare as granted in any ordinances of the city or the laws or constitution of the state of Illinois.
B. Whenever a person, firm, corporation, or other entity violates any of the provisions of this chapter, the city may tow vehicles from public property or cause appropriate legal actions and proceedings, in law or in equity, to be instituted and maintained to enforce compliance with this chapter.
C. Every act or omission of any nature constituting a violation of any of the provisions of this chapter by a property owner or any officer, director, manager, agent, employee, tenant, contractor, or subcontractor thereof shall be deemed and held to be the act of the property owner, and the property owner shall be punishable in the same manner as if the act or omission had been done or omitted by the property owner personally.
D. The restrictions and regulations contained in this chapter shall be interpreted as minimum standards and shall be in addition to any other applicable city ordinances and requirements that apply to outdoor storage on property in the city. If any restriction or regulation in this chapter is found to conflict with any other restriction or regulation in this code, the most restrictive or highest standard shall prevail. (Ord. 3500 § 2, 2024)