1937.07 GROUNDS.

      (a)    Accessory Structures. All accessory structures, including fences and fence-like structures, located on exterior property areas, shall be kept:

            (1)    In good repair and be free from holes, breaks, loose or rotting materials, and shall be weatherproofed and properly surface coated where required to prevent deterioration; and

                  A.    As pertaining to fences and fence-like structures:

                     (i)    No section(s) of the fence or fence-like structure shall be missing; and

                     (ii)    No section(s) of the fence or fence-like structure shall be broken; and

                     (iii)    If the fence or fence-like structure is painted, the paint shall be maintained free of peeling or chipping paint.

             (2)    Free from health, fire, and accident hazards; and

            (3)    Free from vermin, insect, and rodent harborage.

   (b)    Exterior Property Areas.

      (1)    All exterior property shall be maintained in a clean, safe, and sanitary condition.

      (2)    Exterior property areas shall be free of excessive vegetation, weeds, trash, and debris.

      (3)    Grading and drainage. All exterior property shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water, including accumulation within structures, with the exception of water retention areas and reservoirs approved by the City Engineer.

      (4)    Exhaust vents. Pipes, ducts, conductors, fans, and/or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particular wastes directly upon abutting or adjacent public or private property.

      (5)    Structures and equipment, including curbs, guardrails, signs, light fixtures and poles, garages, fences, and walls, shall be maintained in good repair.

                  A.    Structures and equipment which are deteriorated or obsolete shall be removed or replaced.

      (6)    Paved grounds and parking areas. Paved grounds, including parking areas, shall be maintained in good repair, free of debris, chuck holes, loose asphalt, loose concrete, and vegetation.

         A.    Except as provided for by the City of Hamilton Zoning Code, parking areas are to be paved and shall be marked with appropriate traffic control markings and islands.

         B.    Striping and markings shall be clearly visible to pedestrians and operators of vehicles.

      (7)    Stairs. All stairs and handrails shall be structurally sound and capable of supporting normally imposed loads.

      (8)    Rat harborage. All structures and exterior property areas shall be kept free from rat infestation.

         A.    Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health.

         B.    After extermination, proper precautions shall be taken to prevent re-infestation.

      (9)    Motor vehicles. No motor vehicle or trailer that does not bear current, valid, state license plates, and that is not owned or leased by the owner or operator of the subject non-residential property, nor any boat, aircraft, or camper, shall, at any time, be kept or stored on non-residential property for more than thirty (30) days, without being kept or stored in a structure with at least three (3) sides. Neither a carport nor a fence meets the above requirement that motor vehicles, boats, aircraft, campers, or trailers be kept or stored in a structure with at least three (3) sides.

                A.    Exception: A vehicle of any type, boat, aircraft, camper, or trailer, is permitted to undergo mechanical repair and body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

                  B.    Exception: Motor vehicles, boats, aircraft, campers, and trailers are permitted in impound lots:

                     (i)    Operated by the City, or

                     (ii)    Used in connection with the operation of the Police Department, and/or

                     (iii)    Otherwise approved by the City.

         C.    Notice of Violation and Order to Remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Director of External Services shall give, or cause to be given, notice of the violation to the person responsible therefore and order that the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) be removed to a place of lawful storage or into a structure with at least three (3) sides within five (5) days of receipt of the notice of violation. The Director of External Services shall also give, or cause to be given, written notice of the violation and order to remove to the registered owner of the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s). Written notice shall be by United States certified mail return receipt requested, commercial carrier service, or by personal service.

                  D.    Removal by City.

                     (i)    In addition to, and not in lieu of any other procedure or penalty prescribed in this section or in the Traffic Code for removal of abandoned motor vehicles from private property, if the person responsible for the violation of this section, or the registered owner of the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s), fails, neglects, or refuses to remove the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) in accordance with the notice given by the Director of External Services pursuant to the provisions of this section, the Director may remove the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) in any manner authorized by state law. In addition to any other penalty authorized by law, the person responsible for the violation of this section shall be assessed any costs incurred by the City in removing the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) from the property.

                     (ii)    Right of Entry.

                           1.    The Director of External Services, any contracting agent of the City and employee of such contracting agent, and/or authorized officer, employee or agent of the City, are hereby expressly authorized to enter upon the subject property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow them to enter upon private property for such purpose.

                2.   Any person to whom notice of violation was given pursuant to subsection (C) hereof shall have the right to remove or house such motor vehicle, boat, aircraft, camper, or trailer in accordance with such notice at his expense at any time prior to the arrival of the Director of External Services or his or her authorized representatives for the purpose of removal.

            (10)    Graffiti. All surfaces, including but not limited to, walls, fences, parking lots, sidewalks, curbs, furniture and equipment, signs, and dumpsters shall be maintained free of graffiti.

   (c)    Landscaping. 

      (1)    Grounds which are unpaved shall be landscaped with a healthy stand of grass, appropriate ground cover, rocks, or other appropriate, approved material as determined by municipal ordinance.

      (2)    Trees, shrubs, ground cover, grasses, and other landscape materials shall be maintained.

      (3)    Landscape materials which die or are damaged shall be replaced with similar vegetation, and shall comply with the approved site plan, if any.

      (4)    No landscaping shall impede vehicular or pedestrian traffic.

   (d)    Sidewalks and Tree Lawns.

            (1)    Sidewalk and tree lawns shall be maintained in good repair and free from hazardous conditions.

                  A.    Sidewalks shall be kept clean.

                  B.    Sidewalks and tree lawns shall be free of excessive vegetation, trash, and debris.

            (2)    Free standing objects, including but not limited to, trash receptacles, vending machines, and benches, shall be maintained in good repair and free of trash, debris, and excessive vegetation.

   (e)    Rubbish and Garbage.

      (1)    All exterior property, and the interior of every structure, shall be free from any accumulation of rubbish or garbage, such that causes a health hazard or public nuisance.

      (2)    The outside storage of any equipment, materials, and/or merchandise shall be in accordance with the requirements of the Zoning Code and all other applicable City ordinances, including the Fire and Health Codes.

      (3)    Dumpsters shall be maintained in good repair and free from rust and damaged components.

         A.    Areas surrounding dumpsters shall be free from trash, debris, and excessive vegetation.

         B.    Dumpsters shall be of adequate size to hold all garbage and rubbish with a closed cover.

         C.    Covers shall remain closed at all times except when filling and emptying.

         D.    Dumpsters shall be located in an appropriate place so as not to impede pedestrian or vehicular traffic.

          E.    Dumpsters shall be located on a solid, non-earth surface that is capable of being cleaned.

      (4)    Rubbish or garbage kept or disposed of in violation of the City Health Code shall be deemed to be a public nuisance.

         (Ord. 2022-4-26. Passed 4-13-22.)