1484.01 Purpose.
1484.02 Title.
1484.03 Definitions.
1484.04 Administration and enforcement.
1484.05 Enforcement officials.
1484.06 Appeals.
1484.07 Citation.
1484.08 Prosecution.
1484.09 Abatement of nuisance by city and cost recovery.
1484.10 Rulemaking authority.
1484.11 Transfer of ownership.
1484.12 Abandonment of construction project.
1484.13 Exterior property maintenance standards.
1484.14 Unsafe structures; demolition of buildings.
1484.99 Penalty.
(a) The purpose of this Exterior Property Maintenance Code is to protect the public health, safety and general welfare of the citizens and inhabitants of the City by preventing property deterioration and by establishing minimum standards governing the maintenance, appearance and conditions of all residential and nonresidential premises. This protection is provided by:
(1) Establishing minimum standards for maintaining residential, nonresidential and environmental quality, to preserve and to achieve an acceptable appearance for existing structures and premises, avoiding blighting effects of the substandard maintenance of structures and premises and its negative impact on the value of surrounding properties, and eliminating hazardous conditions; and
(2) Fixing the responsibilities of owners and occupants of structures and their premises; and
(3) Providing for administration, enforcement and penalties.
(b) This code is written recognizing that Avon is a rapidly growing community with a mixture of urban and rural landscapes. Nothing herein should be construed to detract from this diversity. Specifically, existing homes and landscapes should be preserved in their current condition(s) where feasible rather than requiring modification(s) that do not affect health and/or safety.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) Construction of Language. For the purpose of this Exterior Property Maintenance Code, certain terms or words shall be interpreted as follows:
(1) Words used in the singular shall include the plural, and the plural the singular;
(2) Words used in the present tense shall include the future tense;
(3) Words in the masculine gender shall include the feminine and neuter;
(4) The word “shall” is mandatory and not discretionary;
(5) The word “may” is permissive;
(6) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for;”
(7) The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; and
(8) The word “dwelling” includes the word “residence.”
(b) Definitions. All words used in this Exterior Property Maintenance Code shall have their customary meanings, except those specifically defined in this section.
(1) “Approved.” Approved by the code official.
(2) “Basement.” The portion of a building which is partly or completely below grade.
(3) “Blight.” Adverse condition; to have a deleterious effect on.
(4) “Building code.” The adopted Building Code(s), this Property Maintenance Code, or such other codes as may be officially designated by the City for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures.
(5) “Designated official.” The Chief Building Official, the Zoning Enforcement Officer and/or any other designee of the Safety Director.
(6) “Enforcement officer.” The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
(7) “Condemn.” To adjudge unfit for occupancy.
(8) “Dwelling unit.” A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(9) “Exterior property areas.” The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(10) “Garbage.” Inter alia, the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(11) “Guard.” A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(12) “Imminent danger.” A condition which could cause serious or life- threatening injury or death at any time.
(13) “Junk or inoperable vehicle.” A vehicle, including but not limited to cars, trucks, buses, trailers, and boats. A vehicle shall be deemed junk or inoperable whenever any of the following occurs:
A. The vehicle is without a valid registration and/or license plate;
B. The vehicle is apparently inoperable;
C. The vehicle is without fully inflated tires and/or has any type of support under it; or
D. The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission, or other similar major part.
(14) “Occupant.” The person or persons in actual physical possession of the premises. This includes tenants, lessees and the like.
(15) “Owner.” Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(16) “Person.” An individual, corporation, partnership or any other group acting as a unit.
(17) “Premises.” A lot, plot, or parcel of land including the buildings or structures thereon.
(18) “Public nuisance.” Includes the following:
A. The physical condition, or use of any premises regarded as a public nuisance at common law;
B. Any physical condition, use, or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk, inoperable or unlicensed vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators, and unsafe fences or structures;
C. Any premises designated as unsafe for human habitation or use;
D. Any premises, which is manifestly capable of being a fire hazard or is manifestly unsafe or unsecured as to endanger life, limb or property;
E. Any premises which is littered with rubbish or garbage;
F. Any structure or building that is in a state of dilapidation, deterioration or decay; open, vacant, or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure, and is dangerous to anyone on or near the premises.
(19) “Reasonable amount of time.” Not less than 24 hours nor more than six months. Any time period set by the designated code official is presumed to be reasonable if it is within these parameters.
(20) “Rubbish.” Both combustible and non-combustible waste materials, including, but not limited to, car parts, motors, and abandoned appliances. The term shall also include rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, excessive yard waste, and other similar materials, as well as the residue from the burning of wood, coal, and other combustible materials.
(21) “Strict liability offense.” An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(22) “Structure.” That which is built or constructed or a portion thereof.
(23) “Workmanlike.” Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(24) “Yard.” An open space on the same lot with a structure.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) Application of Exterior Property Maintenance Code. This chapter shall apply to all premises and structures within the City used for or in conjunction with human habitation which are substandard with respect to structure, maintenance or other similar conditions which otherwise constitute a public nuisance. The existence of such conditions, factors or characteristics adversely affects public safety, general welfare and leads to the continuation, extension and aggravation of blight and its attendant negative effect on surrounding property values. Adequate protection of neighboring properties and the general public requires the establishment of these property maintenance standards.
(b) Compliance Required. Every portion of the exterior of a building or premises, shall comply with the provisions of this Exterior Property Maintenance Code, regardless of when such building has been constructed, altered or repaired, or premises occupied, except as hereinafter provided.
(c) Conflict of Laws. In any case where a provision of this chapter conflicts with a provision of any zoning, building, fire, safety or health regulation or other regulation, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
(d) Existing Remedies. Nothing in this chapter shall be deemed to abolish, impair, or prevent the execution of any existing remedies of the City or its officers or agents related to the abatement of a public nuisance. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous or unsafe.
(e) Separability. If any section, subsection, paragraph, sentence, clause or phrase of this Exterior Property Maintenance Code is declared invalid for any reason, such declaration shall not affect the remaining portions of this chapter, which shall continue in full force and effect, and to this end, the provisions of this Exterior Property Maintenance Code are deemed severable.
(f) Saving Clause. This chapter shall not affect violations of any other resolution, ordinance, code or regulation existing prior to the effective date of this Exterior Property Maintenance Code, and any violations of such shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
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