(A) Introduction.
(1) General. This subchapter shall be known as the City Nuisance Abatement Code. These regulations are intended to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy, and maintenance, of structures, and premises, within the city.
(2) Applicability. The provisions of this subchapter shall apply to all residential, and non-residential, structures, and all premises within the city, and constitute minimum requirements, and standards, for premises, structures, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement, and penalties. Structures, and premises, that do not comply with these provisions shall be altered, or repaired, to provide a minimum level of health and safety, as required herein. Repairs, alterations, additions to, and change of, occupancy in existing buildings shall comply with the State Fire Prevention Code. Where different standards, or requirements, are imposed by this subchapter, and other competent authority, or by different sections of this subchapter, the most restrictive standard, or requirement, shall govern.
(3) Maintenance. Equipment, systems, devices, and safeguards required by this subchapter, or a previous regulation, or code, under which the structure, or premises, was constructed, altered, or required, shall be maintained in good working order. No occupant shall cause any required service, facility, equipment, or utility to be removed from, or shutoff from or discontinued, for any occupied dwelling, except for temporary interruptions necessitated by repairs, or alterations. The requirements of this subchapter are not intended to provide the basis for removal, or abrogation, of fire protection and safety systems, and devices, in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures, and premises.
(Prior Code, § 5.04.01)
(B) Code Enforcement Officers.
(1) General. This subchapter shall be enforced by all Code Enforcement Officers of the city. For the purposes of this subchapter, a CODE ENFORCEMENT OFFICER shall be defined as any city employee who has been duly sworn, and authorized, to uphold the ordinances of the city, and laws of the state related to property uses, maintenance, nuisances, inspections, issuances of building permits, certifications and licensing, and the like, within the municipal boundaries of the city. This subchapter may also be enforced by any, and all, duly sworn law enforcement officers of the City Police Department.
(2) Identification. All Code Enforcement Officers shall carry proper identification, and present the same upon request when performing duties under this subchapter.
(3) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this subchapter, the Senior Code Enforcement Officer shall have the authority to grant modifications for individual cases; provided, the Senior Code Enforcement Officer shall first make written findings that a special condition, or circumstance, exists such that the strict letter of this subchapter is impractical, and the modification is in compliance with the intent and purpose of this subchapter, and that such modification does not lessen health, life, and fire safety requirements. The details of action granting modifications shall be recorded, and entered, in the Department files.
(4) Enforcement procedures. Whenever, in the judgment of the Code Enforcement Officer charged with enforcement of this subchapter, it is determined, upon investigation, that a public nuisance is being maintained, or exists, within the city, such officer shall issue a written notice, in accordance with § 90.04(C)(1), to the person committing, or maintaining, such nuisance, requiring such person to remedy, and abate, the nuisance.
(5) No duty to enforce. Nothing in this subchapter shall be construed as requiring the city to enforce the regulations in this subchapter against:
(a) Alleged violations determined to be frivolous complaints;
(b) Alleged violations lacking in substantive evidence to constitute a nuisance;
(c) Alleged violations where the evidentiary value of the alleged violation is not enough to support a conviction in court; or
(d) Violations which may occur, and are not recognized, by the city due to the lack of availability of the resources.
(Prior Code, § 5.04.02)
(C) Inspections.
(1) Right of entry. Code Enforcement Officers are authorized to enter structures, or premises, at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused, or not obtained, the officers may pursue such search authorizations as are provided by law.
(2) Inspections. Code Enforcement Officers shall make all of the inspections required by this subchapter. All reports of such inspections shall be in writing by the responsible Officer. Code Enforcement Officers are authorized to rely upon a responsible expert opinion, as the Officer deems necessary, to report upon unusual technical issues that arise.
(Prior Code, § 5.04.03)
(D) Violations.
(1) Violations declared to be strict liability misdemeanors. It shall be unlawful for a person, firm, or corporation to be in conflict with, or in violation of, any of the provisions of this subchapter. Any person who is convicted of a violation of this subchapter shall be guilty of a misdemeanor, and the violation shall be deemed a strict liability offense.
(2) Citations. Code Enforcement Officers are hereby authorized to issue citations to any person, firm, or corporation in conflict with, or in violation of, any of the provisions of this subchapter. Issuances of citations must comply with the State Rules of Criminal Procedures. The State District Court shall have exclusive jurisdiction over citations issued pursuant to this subchapter.
(3) Appeals. Any person, after being found guilty of a violation, or after entering a plea of guilty, or nolo contendere, to a violation, shall have those appellant rights granted under the laws of the state, U.S. Constitution, and the State Rules of Criminal Procedure. Appeals of convictions of a violation will be with the County Circuit Court.
(Prior Code, § 5.04.04)
(E) Revocation of certificates, licenses, and permits.
(1) General. The purpose of this division (E) is to provide a procedure for the revocation of various certificates, licenses, and permits issued by the city to prevent the use of structures described in division (E)(2) below. The certificates, licenses, and permits subject to revocation under this subchapter are those relating to the particular, or general, use of property; including, without limitation, and for the purpose of illustration only: certificates of occupancy; zoning variances; certification of appropriateness; business licenses; sign permits; building permits; electrical and plumbing inspection approvals; conditional use permits; special use permits; and the like.
(2) Administrative revocation.
(a) Code Enforcement Officers shall have the authority to initiate administrative revocation of any such certificate, license, or permit if he or she has a reasonable belief that the use of the property or structure:
1. Poses a danger to the health, and welfare, of the public;
2. Threatens the property, or safety, of any citizen;
3. Violates the terms, and/or scope, of the certificate, license, or permit; or
4. Lacks compliance with applicable state licensing laws and requirements.
(b) The non-emergency administrative revocation of a certificate, license, or permit shall follow the procedures of notice, and determination, provided in division (F) below.
(3) Temporary emergency orders. The Senior Code Enforcement Officer shall have the authority to issue a temporary emergency order in conjunction with notice of an administrative revocation as described in division (E)(2) above. The temporary emergency order shall have the effect of prohibiting all activity that may be harmful to the public or any person, and suspending any certificate, license, or permit authorizing the same. The Senior Code Enforcement Officer may issue a temporary emergency order when he or she has a reasonable belief that the use of the property or structure:
(a) Poses an imminent danger to the health, safety, or welfare of the public; or
(b) Threatens the life, or poses an imminent danger of serious injury, to any citizen.
(4) Service of temporary emergency orders. Service of temporary emergency orders may be made by any Code Enforcement Officer upon the owner, manager, employee, or occupant of a structure that is subject to the provisions of division (E)(3) above. If no one is located at the structure, the temporary emergency order shall be affixed to the structure, and written notice shall proceed according to division (F)(2) below. All notices for this division (E)(4) shall clearly state “Temporary Emergency Order”, and conform to the requirements of division (F)(1) below.
(5) Special uses, conditional uses, and other authorizations issued by City Council. The City Council may revoke a special use, conditional use, or any other authorization to use property, or conduct business, that violates the terms of the use, or threatens the property, or safety, of any citizen, or is detrimental to the health, safety, or welfare of the public. Such a revocation may be performed at any regular, or special meeting, of City Council. The revocation shall be based upon the report of a Code Enforcement Officer, complaint of a citizen, or sua sponte action by City Council.
(Prior Code, § 5.04.05)
(F) Administrative procedures.
(1) Notice of violation. A notice of violation shall be written on standardized, or letter, form approved by the Senior Code Enforcement Officer that shall include the following information:
(a) The name of the owner, if known;
(b) An address, or description, of the real estate sufficient for identification;
(c) A description of the violation, or violations;
(d) A statement that citations may be issued, and fines assessed, in addition to any administrative remedy imposed by the city;
(e) A statement that the city has a right to cause repairs, or demolition, to be made, and that the costs may be assessed against the owner, and the property of the owner; and
(f) The information required by A.C. § 14-54-903, if applicable.
(2) Method of service. Administrative notices (such as a notice of violation) shall be issued by any person authorized under A.C. § 14-54-903 by:
(a) Posting on the subject property;
(b) Regular mail; or
(c) Certified mail, return receipt requested.
(3) Notice by mail. Notice by mail shall be sent to the owner’s address of record with the applicable county treasurer or collector. When sent to the proper address with proper postage, notice by mail shall be deemed properly served without regard as to whether the owner, or occupant, accepted the mail, or the mail was otherwise returned.
(4) Transfer of ownership. After receiving a notice of violation, it shall be unlawful for the owner of any property, or structure, to sell, transfer, mortgage, and lease, or otherwise alienate, or dispose of, the same until:
(a) The property, or structure, has been caused to conform with this subchapter; or
(b) The owner shall provide the other party a true copy of any notice of violation issued by a Code Enforcement Officer, and shall furnish to the Senior Code Enforcement Officer a signed, and notarized, statement from the other party accepting responsibility for the property, or structure.
(5) Exceptions. The notice of violation requirements of this division (F) shall not apply to the issuances of citations. Issuance of citations must comply with the procedures described in division (G) below.
(Prior Code, § 5.04.06)
(G) Condemnation.
(1) Keeping of condemned structures prohibited. It shall be, and it is hereby declared to be, unlawful for any person, or persons, partnership, corporation, or association, to own, keep, or maintain any house, building, and/or structure within the corporate limits of the city which constitutes a nuisance, and which is found, and declared, to be a nuisance by resolution of the City Council.
(2) Condemnation. Any such house, building, and/or structure which is found, and declared, to be a nuisance by resolution of the City Council will be condemned to ensure the removal thereof, as herein provided.
(3) Notices. The Code Enforcement Department shall be responsible for publication, mailing, or delivery of all notices required to condemn structures.
(a) Prior to the consideration of a resolution by the City Council declaring any house, building, and/or structure as a nuisance, the owner(s) and any mortgagee(s), or lien holder(s), of such house, building, and/or structure shall be mailed written notification of the date, time, and place that the City Council will consider said resolution. In addition, said notice shall inform the owner(s) and any mortgagee(s), or lien holder(s), of the right to be heard at the City Council meeting on the proposed resolution declaring such house, building, and/or structure to be a nuisance.
(b) Should the owner(s) and mortgagee(s), and/or lien holder(s), of any such house, building, and/or structure be unknown, or their whereabouts be unknown, or if they do not reside in the state, then a copy of the written notice shall be posted upon said premises, and the City Clerk-Treasurer, or his or her designee, shall make an affidavit setting out the facts as to unknown address, unknown whereabouts, and/or non-resident status of said owner(s), mortgagee(s), and lien holder(s). Thereupon, service of publication, as now provided for by law against unknown and/or non-resident defendant(s), may be had, and an attorney ad litem shall be appointed to notify such persons by registered letter addressed to their last known place(s) of residence, or business.
(4) Resolution information. The resolution of the City Council condemning any house, building, and/or structure which constitutes a nuisance will include, in said resolution, an adequate description of the house, building, and/or structure; the name(s), if known, of the owner(s) and mortgagee(s), and/or lien holder(s), thereof; and shall set forth the reason, or reasons, said house, building, and/or structure is, or has been, condemned as a nuisance.
(5) Posting. After a house, building, and/or structure has been found, and declared, to be a nuisance, and condemned by resolution as herein provided, a true, and certified, copy of said resolution will be mailed to the owner(s) and mortgagee(s), and/or lien holder(s) thereof, if the whereabouts of said owner(s) and mortgagee(s), and/or lien holder(s) thereof, be known, or their last known address be known, and a copy thereof shall be posted at a conspicuous place on said house, building, and/or structure; provided, that if the owner(s) and mortgagee(s), and/or lien holder(s), of said house, building, and/or structure be unknown, or if his or her, or their, whereabouts, or last known address, be unknown, the posting of the copy of said resolution, as hereinabove provided, will suffice as notice of the condemnation.
(6) Removal. If the house, building, and/or structure constituting a nuisance has not been torn down and removed, or said nuisance otherwise abated, within 30 days after posting the true copy of the resolution at a conspicuous place on said house, building, and/or structure constituting the nuisance, it will be torn down, and/or removed, by the Senior Code Enforcement Officer, or his or her duly designated representative.
(7) Saleable material. The Senior Code Enforcement Officer, or any other person, or persons, designated by him or her to tear down, and remove, any such house, building, and/or structure constituting a nuisance will ensure the removal thereof, and dispose of the same in such a manner as deemed appropriate in the circumstances, and to that end may, if the same have a substantial value, sell said house, building, and/or structure, or any saleable material thereof, by public sale to the highest bidder for cash, ten days’ notice thereof being first given by one publication in some newspaper having a general circulation in the city, to ensure its removal, and the abatement of the nuisance.
(8) Proceeds. All proceeds of the sale of any such house, building, and/or structure, or the proceeds of the sale of saleable materials therefrom, and all fines collected from the provisions of this subchapter shall be paid by the person, or persons, collecting the same to the City Clerk-Treasurer. If any such house, building, and/or structure, or the saleable materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the premises) by the city, plus any fine, or fines, imposed, the balance thereof will be returned by the City Clerk-Treasurer to the former owner, or owners, of such house, building, and/or structure constituting the nuisance.
(9) Liens. If the city has any net costs in removal of any house, building, or structure, the city shall place a lien on the personal property or real estate property, as provided by A.C. § 14-54-904.
(Prior Code, § 5.04.07)
(H) Emergency procedures.
(1) Temporary safeguards. Notwithstanding other provisions of this subchapter, whenever, in the opinion of the Senior Code Enforcement Officer, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
(2) Closing streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized.
(3) Emergency repairs. For the purposes of this division (H), the Senior Code Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the city. The City Attorney shall institute appropriate action against the owner of the premises where the unsafe structure is, or was, located for the recovery of such costs.
(Prior Code, § 5.04.08)
(I) Noises generally prohibited.
(1) Noises. The creating of any unreasonably loud, disturbing, and unnecessary noise of such character, intensity, or duration as to be detrimental to the life, or health, of any individual, or in disturbance of the public peace and welfare, is prohibited.
(2) Unlawful noises. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises unlawful, but this enumeration shall not be deemed to be exclusive:
(a) No person shall operate, or cause to be operated, any motor vehicle, or motorcycle, not equipped with a muffler, or other sound dissipative device, in good working order, and in constant operation;
(b) No person shall sound any horn, or other auditory signaling device, on, or in, any motor vehicle on any public right-of-way, or public place, except as a warning of danger;
(c) Operating, or causing to operate, any sound amplification device from within a vehicle so that the sound is plainly audible at a distance of 30 feet, or more, from the vehicle, whether in a street, a highway, an alley, parking lot, or driveway, whether public or private property, is prohibited and declared to be a noise disturbance in violation of this subchapter;
(d) No person shall operate, or cause to be operated, a motor vehicle, or motorcycle, by rapidly advancing its throttle;
(e) The playing of any radio, phonograph, any type of audio equipment, or any musical instrument in such a manner, or with such volume, particularly during the hours between 10:30 p.m. and 7:30 a.m., as to annoy, or disturb, the quietness, comfort, or peace of any persons in, or around, any office, hospital, or in any dwelling, hotel, or other type of residence;
(f) Any group yelling, hooting, shouting out, or the playing of any type, or audio equipment, on the public streets, at any time or place, in such a manner as to annoy, or disturb, the quiet, comfort, or peace of persons in any hospital, dwelling, hotel, or other type of residence, or otherwise creates an annoyance, or problem;
(g) The keeping of any animal, bird, or fowl which, by causing frequent, or long, continued noise shall disturb the comfort, or repose, of any person in the vicinity;
(h) The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
(i) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin, or stop, work, or as a warning of fire or danger, or upon request, or proper city authorities;
(j) The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings, or sessions, thereof, or adjacent to, or near, any residence; provided, however, that in case of emergencies when the public health, safety, or general welfare is in danger, necessary work may be done immediately by first securing a permit from the Building Inspector, if it is obtainable, or if it is not first obtainable, the necessary work may be done, and at the first opportunity reported to the Building Inspector, who shall issue a permit effectively retroactively to the beginning of the emergency; provided also, that where underground repair, or construction, work is necessary adjacent to, or in the vicinity of, a school, an institution of learning, a church, a court, or hospital, the Building Inspector may issue a permit for same, the work to be done at reasonable hours to be designated by the Building Inspector;
(k) The use of any drum, loudspeaker, or other instrument, or device, for the purpose of attracting attention by creation of noise to any performance, show, or sale, or display of merchandise;
(l) A compression release engine brake (Jake Brake), or other hydraulically operated device that converts a power producing diesel, or gas, engine into a power absorbing retarding mechanism with a correspondingly increased amount of noise emission, shall not be engaged, or used, within the city limits, except in the case of failure, or the service brake system, adverse weather conditions, or other emergency necessitating the compression release engine brake's use. Fire trucks, and those municipal vehicles equipped with the Quiet Brake and Silent Partner System are exempted from the requirements of this section; and
(m) The use of mechanical loudspeakers, or amplifiers, on trucks, or other moving or standing vehicles, for advertising, or other purposes.
(Prior Code, § 5.04.09)
(J) Construction allowed.
(1) Construction. Commercial and residential exterior and interior construction work, including erection, excavation, demolition, or repair of any building and its components, shall be allowed between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 1:00 p.m. to 7:00 p.m. on Sunday. Additional interior construction work shall be allowed to be performed between the hours of 7:00 p.m. to 10:00 p.m., Monday through Saturday; provided, that all exterior openings are completely covered.
(a) The construction hours shall be adhered to, except in the case of urgent emergency in the interest of public health and safety, and then only with written permission from the Building Inspector, which permission may be granted for a period not to exceed 30 days while the emergency continues. If an emergency arises when permission is not obtainable, the necessary work may be done, and reported to the Building Inspector at the earliest date that the office is open after the emergency.
(b) If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, excavation, alteration, or repair, or any building within the designated hours, and if he or she shall further determine that loss of inconvenience would result to any party in interest, he or she may grant permission for such work to be done within such hours upon application being made at the time the permit for the work is obtained.
(c) The Code Enforcement Division may stop construction work at any time when the work disrupts, or causes excessive disruptions, to adjoining businesses or residential occupancies, or is found to be detrimental to the health, safety, and welfare of the citizens.
(2) Working hours permit. In cases where construction-related work can only be performed other than the hours listed in division (J)(1) above, a temporary work permit may be issued by the Building Inspector. The applicant must obtain the permit prior to commencement of work, and all referenced job construction permits must be obtained. If approved, the permit may be issued from one to seven days. The applicant must take all precautions to avoid disturbing other adjacent occupancies. The Building Codes Division reserves the right to revoke any temporary work permit if work disrupts, or causes excessive disruptions, of adjoining businesses or residential occupancies, or is found to be detrimental to the health, safety, and welfare of the citizens.
(3) Excavations. This division (J) does not apply to:
(a) Any vehicle of the city while engaged upon necessary public business;
(b) Excavations, or repairs, of bridges, streets, or highways by, or on behalf of, the city, county, or state, when the public welfare, and convenience, renders it impossible to perform such work during the day;
(c) The reasonable use of amplifiers, or loudspeakers, in the course of public addresses which are noncommercial in character;
(d) Necessary warning signals given by an ambulance operator, or licensed physician, while answering an emergency call for medical assistance;
(e) Construction work between the hours of 6:00 a.m. and 8:00 p.m. on weekdays and Saturdays in areas declared, by resolution of the Board of Directors, to be disaster areas. For purposes of this division (J), CONSTRUCTION WORK means the erection, including excavation, demolition, alteration, or repair, of any building in a residential district. Any resolution to declare an area a disaster area shall include a map of the area, and a time period during which such designation shall be effective; or
(f) Ordinances set forth pertaining to the red dirt mine facilities.
(Prior Code, § 5.04.10)
(Ord. 2015-10, passed 11-9-2015; Ord. 2023-07, passed 6-27-2023) Penalty, see §
90.99
Cross-reference: