1138.08 MINIMUM MAINTENANCE REQUIREMENT.

   A.   The Board has the authority to review properties and require remedies for aesthetic maintenance. This includes:

      1.    Paint: chipped or faded

      2.   Awnings: torn, faded, structural failures

      3.   Windows: cracked, broken, missing.

      4.   Signs: broken, chipped paint, structural failure

      5.   Exterior walls and finishes: chipped, cracked, structural failure, or safety concern

      6.   Landscaping and accessory features: must be maintained and cleared of debris.

      7.   Vacant lots: must be level at grade, maintained, and cleared of debris. The Board may require fencing to secure the site and to maintain aesthetic character.

      8.   Graffiti or other types property defacement.

      9.   Any other exterior feature not listed above that is in disrepair.

   B.   The following procedures apply when a property maintenance issue may be present.

      1.   Complaints shall be filed with the Administrator. The Administrator will gather information to present at the next scheduled Board meeting.

      2.   Upon receipt of a complaint, the Board shall review and determine if the complaint shall be investigated further. A majority vote of the membership present shall determine if the complaint shall be dismissed or warrants a hearing with the property owner present. Holding a hearing does not necessarily mean that a violation has occurred.

      3.   The Board shall notify the property owner or authorized representative of a potential maintenance violation via proof of mailing. The property owner will be asked to attend the next Board meeting to discuss the potential violation. Prior to the conclusion of the meeting, the Board shall vote to determine if a maintenance violation has occurred and outline steps for remediation. A majority vote of the quorum present is needed to determine if there is a maintenance issue and to outline steps for remediation.

      4.   If it is determined that a violation exists, the property owner shall have thirty (30) days to fix the violation. The Board may state a period longer than thirty (30) days when appropriate.

      5.   If the property owner or representative fails to respond or attend the next Board meeting to discuss the potential violation, the Board will proceed without the owners input and prescribe actions for remediation. The Board will make reasonable efforts to schedule a meeting with the property owner if they are unable to attend the regularly scheduled monthly meeting.

   C.   Maintenance Appeal Process. To seek relief from a maintenance violation property owners shall have the right to appeal the Board's decision to the Board of Zoning Appeals, in accordance with Chapter 1115 of the Planning and Zoning Code.

(Ord. 2018-035. Passed 5-1-18.)