For purpose of enforcing the ICC Property Maintenance Code, the following policy shall be employed by the City of Aledo:
(A) The enforcement priority is on easily verifiable exterior yard conditions, such as weeds in excess of eight inches (8") high, inoperable cars, accumulations of junk, etc. Such enforcement shall be on a complaint basis, but proactive enforcement may occur for significant nuisance violations and other areas identified by the City Council (e.g., junk cars).
(B) Enforcement of exterior building conditions may occur if the violation presents a significant blighting influence, nuisance, hazard or threat to life safety. Such matters shall be primarily complaint driven, but may be proactive if significant violation. The Enforcement Officer shall clear such enforcement action with his or her Supervisor. If, for some reason, the enforcement action is undertaken by the City Administrator, he shall discuss the matter with the Mayor prior to undertaking such enforcement.
(C) Enforcement of interior violations may be conducted if the owner or occupant of the building requests an inspection and subsequent enforcement. Interior enforcement may also be attempted if there is reasonable and sufficient cause to believe that a significant nuisance, hazard of threat to life safety is occurring. Reasonable cause must exist to go forward with an interior enforcement action. An example of a reasonable cause would be a foul odor and rats coming from a building. The Enforcement Officer shall clear interior enforcement action with his or her Supervisor. If, for some reason, the enforcement action is undertaken by the City Administrator, he shall discuss the matter with the Mayor prior to undertaking such enforcement.
(D) The Code Officer and all inspectors shall follow the regulation provided in the Code about entrance on private property. The Code states that permission shall be obtained before entering private property (other than knocking at the door or entering a public area) and before conducting an inspection. If permission is refused, the inspector shall leave the property and obtain instruction from his Supervisor. Under no condition shall an inspector violate a property owner's or occupant's Fourth Amendment right against warrantless searches or seizures.
(E) The emphasis on Property Maintenance Code enforcement shall be voluntary compliance. Courtesy notices shall be issued, reasonable extensions granted where appropriate and all reasonable effort shall be made to work with property owners rather than against them.
(F) No random inspection of properties shall occur unless they are approved under the policies enumerated above. There shall be no program of inspections, such as commercial occupancies or rental units, unless such are specifically authorized by the City Council and regulated by written policies and procedures.
(G) The City administration may cut weeds and remove accumulations of garbage, refuse and salvageable or unsalvageable material after proper warning period and all voluntary compliance measures have elapsed. Work shall be billed to the property owner and thereafter placed as a lien. All State laws and provisions of Code shall be complied with.
(H) The City administration may remove inoperable vehicles from private property as provided for by State law and local policy. (Ord. 06-19-06-1, 8-21-2006)