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The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupant thereof, in case of premises occupied by other than the owner thereof, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 93.40.
(Ord. 1142, passed 7-20-1970)
The City Council, or any officer or employee of the city designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 93.40, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation, so as to conform to the requirements of this subchapter, within five days after issuance of such notice. Whenever, in the judgment of the Director of Safety of the city, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the City Council or any officer or employee of the city designated thereby for that purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within five days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the city authorities may remove, trim or cut or cause the same to be removed, trimmed or cut such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof shall be collected by the city from such person, firm or corporation, in the manner provided by law.
(Ord. 1142, passed 7-20-1970)
MAINTENANCE REGULATIONS AND QUALITY OF LIFE
Lack of maintenance of properties, improper storage of trash and rubbish, storage of inoperable/non-registered vehicles, and use/storage of indoor furniture outside are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the city, which reduces business and tax revenue inhibiting economic development. The quality of life and community pride of the citizens of Corry are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this subchapter is to promote the health, safety and general welfare of the city by helping to create a clean environment for the citizens of Corry. In addition, this will allow for the quality of life ticket to be used as a tool to enforce the following code sections and their amendments: City of Corry Property Maintenance Code (§ 151.01), city zoning ordinance (Chapter 156), city dog and cat disturbance (§§ 91.01 - 91.04), city sidewalk snow removal ordinance (§ 93.02), and tree ordinance (§§ 93.15 through 93.26).
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLES. Unused, stripped, junked, wrecked or otherwise usable vehicles which do not carry a current registration plate or inspection sticker and which are no longer safely unusable for the purpose of which they were manufactured and which have been in place for a period of 30 days.
ANIMAL WASTES. Excreted materials from live animals or products used to bed animals to include litter, straw, hay or wood shavings.
CLUTTER. An accumulation of items other than garbage or rubbish in such a manner that it would be considered unsightly by reasonable living standards. Examples of this would include but not be limited to construction materials not associated with a current building project, automobile parts, appliances, etc.
DEBRIS. Any material upon the premises that is a residue of structural demolition, or any other material that is not neatly stored, stacked or piled in such a manner so as not to create a nuisance or become a harboring place or food supply for insects or rodents.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
INDOOR FURNITURE. Any and all pieces of furniture which are made for inside use only including, but not limited to, upholstered chairs and sofas, TVs, electronic items, refrigerators, freezers, etc.
JUNKED VEHICLE. Any vehicle which is without a currently valid license plate(s) or inspection sticker and is in either a stripped, rusted, wrecked, dismantled, partly dismantled, inoperative, or abandoned condition. A junk vehicle shall be classified as to its condition in one of the two following categories:
(1) Restorable junk vehicle. A vehicle that is in a condition whereby repairs to same could reasonably be made to place it in operating condition without exceeding the estimated value when repaired.
(2) (a) Non-restorable junk vehicle. A junk vehicle in such condition that it is economically unsound to restore same to an operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such a condition that the Code Compliance Officer determines that it warrants such classification.
(b) If the vehicle has any of the following listed items it will be classified as non-restorable junk:
1. Rusted and/or jagged metal on or protruding from the body of the vehicle;
2. Broken glass or windows on or in the vehicle;
3. Leaking of any fluids from the vehicle;
4. Unsecured doors, hood, or trunk;
5. Storage or placement of the vehicle in an unbalanced condition, on concrete blocks, or other similar apparatus;
6. Harboring of rodents, insects, or other pests; or
7. More than two flat tires.
LITTER. Includes, but is not limited to, all waste material, garbage, trash, i.e. waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.
LOCAL RESPONSIBLE AGENT. Any person residing or working within the City of Corry designated to accept service on behalf of a legal owner or operator of a non-owner occupied property.
MOTOR VEHICLE. Any type of mechanical device, capable or at one time capable of being propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.
NOTICE OF VIOLATION. A written document issued to a person in violation of a city ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.
NUISANCE. Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the city, or causes a blighting effect in city neighborhoods. See also PUBLIC NUISANCE.
OWNER. A 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 principals of a limited liability company or officer, director or shareholder of a corporation if that individual is responsible for the management and 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.
PERSON. Every natural person, firm, partnership, association, corporation, or organization of any kind which is recognized by law as the subject of rights and duties.
PRIVATE PROPERTY. Any land and the improvements thereon owned by any person and includes front, side, and rear yards, vacant lots, buildings, and other structural improvements, walkways and alleyways, and parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether inhabited, temporary, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
PUBLIC NUISANCE. Any conditions or premises which are unsafe or unsanitary.
PUBLIC RIGHT-OF-WAY. The total width of any land used, reserved, or dedicated as a street, alley, driveway, sidewalk, or utility easement, including curb and gutter areas.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, excessive animal feces, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
SIDEWALK AREA. The public right-of-way established for pedestrian use between the property lawn and curb line or established edge of roadway.
SNOW REMOVAL. No person shall plow, shovel or blow any snow or ice from a private property onto a public street, crosswalk, transit stop, sidewalk or any public property.
SOLID WASTE. Any waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.
VEGETATION. Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens, trees, shrubs, hedges, flowers, etc.
VIOLATION TICKET. A form issued by a Code Compliance Officer to a person who violates a provision of this part. The violation ticket is an offer by the City of Corry extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
VIOLATOR. The owner and/or occupant of the property at which the violation occurred.
WEEDS.
(1) All grasses, annual plants, and vegetation, which meet any of the following criteria:
(a) Exceed eight inches in height.
(b) Release into the air of unpleasant noxious odors or pollen such as ragweed, dandelion, and miscellaneous other vegetation commonly referred to as weeds or brush.
(c) May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.
(d) May cause a public nuisance.
(2) Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as vegetable gardens, trees, shrubs, flowers, etc.
YARD. An open space on the same lot with a structure.
An owner, occupant and/or responsible person commits a quality of life violation by any of the following:
(A) Accumulation of clutter, rubbish or garbage. The accumulation of clutter, waste, trash, rubbish, or garbage outside of any structure or in the yard is prohibited.
(B) Animal waste/feces clean-up. People owning, harboring, or keeping an animal within the City of Corry shall not permit any waste matter/feces from the animal to collect and remain on the property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition. All waste from animals must be cleaned up on a daily basis.
(C) High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this part.
(D) Snow and ice removal. No person shall plow, shovel, or blow any snow from a private property onto a public street, crosswalk, transit stop, sidewalk or any public property.
(E) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or read fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
(F) Exterior placement of indoor appliances/furniture/electronics. It is prohibited to store or place any/all appliances, electronics or furniture including, but not limited to, televisions, ranges, refrigerators, freezers, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs, or tables on the exterior of any property for any reason, except to perform maintenance on said property.
(G) Storage containers for waste or trash. The owner of every premises shall use trash and recycling toters provided by the city, as well as be responsible for the removal of rubbish. Trash and recycling toters may not be placed at the curb for collection before 5:00 p.m. (prevailing time) on the day before the scheduled day for collection, and must be removed within 24 hours after collection.
(H) The provisions of Section 107. Notices and orders of the International Property Maintenance Code, and any amendments thereto, as adopted by the City of Corry. Other: various city ordinances.
Upon finding quality of life violations, any Code Compliance Officer of the City of Corry may issue quality of life violation tickets to the owner, occupant and/or responsible party of the property at issue.
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