(A) The sealing and securing of any vacant building or structure performed by an owner shall be required to be accomplished pursuant to the following uniform standards:
(1) Screws or double-headed nails shall be utilized to fasten one-half inch exterior grade plywood to all exterior openings of every floor. The plywood shall be cut and installed to precisely fit each opening so as to present a neat, workmanlike appearance. The plywood shall be painted white or another neutral color.
(2) Prior to the sealing and securing of any vacant building or structure, the building or structure shall be cleared of all human inhabitants.
(B) Any building or structure that has been sealed and secured shall be repaired and rehabilitated as required to bring the building or structure into compliance with the present Building Code prior to the building or structure being again occupied or used.
(C) Any building or structure that has been vacant for more than six months may be deemed an unsafe building.
(D) The exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the city and so as to avoid blighting effects and hazards to health, safety, and welfare.
(1) The owner and operator shall keep the exterior of all premises and every structure thereon, including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse or garbage containers, store fronts, signs, windows, doors, awnings, and marquees in good repair, and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties. Exterior wood, composition, or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose, or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated.
(2) All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint (when such peeling consists of at least 33.3% of the surface area), or other conditions reflective of deterioration or inadequate maintenance, and shall not show evidence of weathering, discoloration, ripping, tearing, or other holes or breaks, to the end that property itself may be preserved safely and fire hazards eliminated adjoining properties and the neighborhood protected from blighting influences.
(3) All premises shall be maintained, and lawns, hedges, bushes, trees, and other vegetation shall be kept trimmed and shall not become overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property.
(4) All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(E) (1) Should any property owner violate the provisions of this chapter, the property owner shall be notified in writing of the violation by the City Engineer or his/her authorized agent.
(2) Upon proof of hardship a resident property owner may be granted a continuance, and be excepted from fines for those violations requiring the expenditures of unavailable funds provided that the violations do not adversely affect the public health or safety.
(3) In the event any property owner fails to comply with any of the above procedures the property owner would be in violation of this section.
(F) The Board of Public Works and Safety may request the City Attorney to bring action on behalf of the city in the county courts for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Board of Public Works and Safety, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties for violations as provided for in this chapter.
(G) The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this chapter and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions.
(H) If any division, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the validity of the remaining portions hereof.
(Ord. 3236, passed 5-2-94) Penalty, see § 98.99