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1327.02 RESIDENTIAL MAINTENANCE; INSPECTION, GRADING AND LANDSCAPING, NOTICE AND COMPLIANCE.
(a) The owners of residential real estate within the corporate limits of the City are required to perform whatever acts of maintenance and general upkeep for their properties as are necessary to keep the same in good condition and to insure that all residential neighborhoods in the City are free from unsightly and run-down residential properties in a state of disrepair.
(b) In order to ensure that residential properties are free from unsightly and/or rundown conditions or disrepair, it shall be unlawful to store snowplow blades, automotive parts or equipment, tires, construction materials, extension ladders, power washers, or other similar items outside of the main or accessory structures on residential properties.
(Ord. 10-2005. Passed 5-10-05.)
(c) The Building Department of the City is hereby authorized and directed to make whatever inspections it deems necessary and proper to determine that all residential property owners are in compliance with subsection (a) hereof. Should the Building Department find residential property which is not properly maintained and cared for, written notice of intention to prosecute shall be sent to the property owners not less than five (5) calendar days prior to the issuance of a misdemeanor complaint. No complaint shall be issued in the event the cause of the violation is removed, the condition abated or fully corrected within said five (5) day period the notice shall be deemed to be properly served if a copy is delivered to the registered property owner or tenant by personal service and/or posted on the property, or sent by regular mail to the owner at the last known address. If notice is returned showing that the letter was not delivered, the Building Commissioner or his authorized representative shall post a copy of the notice on the affected property in a conspicuous place on or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute services of notice upon the owner.
(Ord. 1-2011. Passed 2-22-11.)
(d) The owners of residential real estate within the corporate limits of the City are required to perform whatever acts are necessary to complete within twenty-four months after commencement of new construction or twelve months after the issuance of an occupancy permit, whichever occurs sooner, the final grading and landscaping of the property upon which the construction began. Should the Building Department find residential property which is not properly final graded and landscaped, written notification of such findings shall be sent to the property owners within ten days of the date of inspection, by certified mail, addressed to the property owner at his tax mailing address; and each property owner shall be given a reasonable period, not to exceed sixty days, from and after the mailing of such notice, to correct whatever defects have been found by the inspection.
(Ord. 10-2005. Passed 5-10-05.)
(e) If the owner, lessee, agent or tenant having charge of the land referred to in subsections (a) and (c) hereof fails to comply with notice as required by such subsection, the Building Commissioner shall cause work to be performed to remove and/or abate the nuisance. The expenses for the foregoing, after first being submitted to and approved by the legislative authority, shall cause a notice to be served upon the owner, lessee, agent or tenant having charge of the lands requiring such person to pay the cost of such work in accordance with a statement of cost enclosed with such notice. If the statement of costs is not paid within thirty days after mailing of such notice and statement, the legislative authority of the City shall make a written return to the County Auditor of its actions taken hereunder with a statement of the charges for such services, the amount paid for the performing such labor, and a proper description of the premises. Such amount shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the City with general funds. (Ord. 17- 2017. Passed 7-25-17.)