CHAPTER 1321
Property Maintenance Code
1321.01   General provisions.
1321.02   Residential premises.
1321.03   Vacant buildings.
1321.04   Demolition.
1321.05   Administration and enforcement.
1321.99   Penalty.
 
CROSS REFERENCES
Deposit of refuse, etc. - see GEN.  OFF. 521.08
Noxious odors - see GEN.  OFF.  521.09
Outdoor illumination - see GEN.  OFF.  521.11
 
1321.01  GENERAL PROVISIONS.
   (a)   Purpose and Intent.
      (1)   The purpose of this Code is to establish minimum standards governing the exterior maintenance of structures in such condition as will not constitute a blighting or deteriorating influence in the Village; to protect property values and to maintain the character and appearance of the Village; to fix responsibilities for owners and occupants of structures with respect to repair and maintenance; to establish enforcement procedures; and to fix penalties for violations.
      (2)   The landscaping and yard maintenance requirements specified in this chapter are intended to protect and preserve the value, appearance, character, health, safety and welfare of the community by preventing the blighting and deteriorating effect caused by dust, debris, overgrown or dying vegetation, improper storage and disposal of materials and other conditions adverse to the public safety, health, and general welfare.
   (b)   Validity.
      (1)   The provisions of this Code shall be held to be minimum requirements and shall be construed to effectuate the purposes set forth herein.
      (2)   The provisions of this Code shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein.  In the event of conflict between any provisions of this Code, including any rules and regulations adopted pursuant to this Code, and any other provisions of the ordinances of the Village of Kirtland Hills, including rules and regulations adopted pursuant to such ordinances, the more restrictive provisions shall prevail.
      (3)   If any section, subsection, paragraph, sentence, clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall continue in full force and effect, and to this end the provisions of this Code are hereby declared to be severable.
   (c)   Applicability.  This Code shall apply to all structures and premises within Kirtland Hills Village.
   (d)   Definitions.  Unless otherwise expressly stated, the following terms shall, for the purpose of this Code, have the meanings indicated.  Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; and singular number includes the plural and the plural the singular.  Where terms are not defined in this Code and are defined in the Building or Zoning Codes, they shall have the same meanings ascribed to them in those Codes.  Where terms are not defined under the provisions of the Building or Zoning Codes, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may apply.
      (1)   “Code” means the Property Maintenance Code of this Village.
      (2)   “Deterioration” means the condition or appearance of the exterior of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect or lack of maintenance.
      (3)   “Garbage” means animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food.
      (4)   “Grade” means the final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, or excavating, have been made on the ground surface.
      (5)   “Landscaping” means the design, arrangement, planting or removal of natural scenery including, but not necessarily limited to, trees, grass, shrubs, vines, rocks and water, together with man-made materials or objects over a given parcel for the purpose of creating the best practical appearance to the land.
      (6)   “Noxious weeds” means ragweed, goldenrod, thistles, milkweed, poison ivy, poison oak, phragmites within 50 feet of an occupied dwelling, and other plants capable of causing skin reactions upon contact or producing severe allergic respiratory reactions.
      (7)   “Nuisance” means that which is defined by the statutes of the State and declared thereby to be a nuisance, and also includes conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist, and where the conditions are perilous by active and negligent operation thereof, and unsanitary conditions or anything offensive to the senses or dangerous to health.
      (8)   “Occupant” means any person living and sleeping in a dwelling unit or having actual possession of said dwelling unit.
      (9)   “Owner” means any person, who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without the accompanying actual possession thereof; or shall have charge, care or control as owner or agent of the owner; or as executor, administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession.
      (10)   “Person” includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
      (11)   “Premises” means a lot, plot, or parcel of land, including the buildings or structures thereon.
      (12)   “Property Maintenance Officer” means the Zoning Inspector of Kirtland Hills Village and/or the Chief of Police.
      (13)   “Rank vegetation” means any growth of weeds or grass to a height greater than six inches on the average above grade.
      (14)   “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes) including, but not limited to, garbage, rubbish, ashes, dead animals, and industrial wastes; an accumulation of brush, broken glass, stumps, and roots that present a safety hazard, and includes garbage, trash, and debris which present an unsanitary and/or safety hazard.
      (15)   “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery, plastics, and similar materials.
      (16)   “Store” means the housing or placement of tangible items in a particular location when not in use or transit.
      (17)   “Trim” or “trimmed” means to selectively remove branches, stems, or other parts of a plant without irreversibly altering its natural shape or form and without irreversibly damaging or destroying the tree or plant.
         (Ord. 10-08-10.  Passed 10-20-08.)
1321.02  RESIDENTIAL PREMISES.
   (a)   Maintenance Responsibility.
      (1)   The exterior of the premises of all residential properties shall be maintained so that the appearance of the premises shall not constitute a blighting factor nor an element leading to the progressive deterioration and downgrading of the Village with the accompanying diminution of property values.
      (2)   The owner shall be responsible for ensuring that premises are maintained in good repair and appearance in compliance with this Code.  Occupants shall be responsible for maintaining in a clean and sanitary condition these premises or portion thereof which they occupy and/or control.
      
   (b)   Maintenance Required.
      (1)   All exterior parts of every structure, including decorative additions, chimneys, fences, and all other exterior appurtenances, either above or below the roof line, shall be maintained in a safe condition, properly functioning, weathertight, and so as to resist decay or deterioration from any cause.
      (2)   Any structure or accessory structure whose exterior surface is bare or deteriorated must be repaired or razed.
      (3)   Without limiting the general applicability of the foregoing, the following specific standards shall apply:
         A.   Foundation.  All foundations of every dwelling structure shall be maintained structurally sound, watertight and in good repair.
         B.   Stairs, Porches and Balconies.  Every stair, porch, balcony and all appurtenances attached thereto shall be kept in sound condition and good repair so as to be safe to use and capable of supporting the loads to which it is subjected.
         C.   Roofs, Gutters and Downspouts.  Roofs of every dwelling structure shall be maintained weathertight, and those equipped with gutters and downspouts shall outlet in an approved manner and be kept in proper working order and repair.
         D.   Exterior Walls.
            1.   Buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, trim, railings and their missing members, must be replaced and put in good condition.  All replacements must be permanent and must match or be compatible with original design or be replaced completely.
            2.   All exterior wood or exterior unfinished surfaces must be sealed and painted or surface coated with other approved protective coating, or treated to prevent rot or decay, and conform and match the existing paint or surface covering and original design or replacement thereof.  All exterior walls and surfaces must be properly protected against weather where such are defective or lack weather protection, including lack of paint or surface covering, or have weathered due to lack of the proper protective covering.
            3.   Exterior surfaces weathered with dirt and grime, or which are peeling or flaking shall be cleaned, painted, or resurfaced.
            4.   Structures shall be maintained free of broken windows, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance.
         E.   Fences.  Fences, walls and other such like barriers which shield, separate, or demarcate an area shall be in whole and in part kept anchored firmly in the ground, shall be constructed in a workmanlike manner and maintained in that same manner so as to always be in a state of good structural repair.  All fences shall be treated periodically with chemicals or paint so as to retard deterioration, unless such deterioration is a superficial deterioration designed to enhance appearance.
         F.   Storage of Commercial and Industrial Material.  There shall not be stored or used at a location visible from the sidewalk, street, or other public area, equipment and materials relating to commercial or industrial uses, unless specifically permitted under provisions of the Zoning Ordinance.
         G.   Landscaping and Vegetation.
            1.   Rank vegetation is prohibited on any of the following premises:
               a.   Within any public right of way;
               b.   Residentially developed or occupied lots;
               c.   Lots within recorded subdivisions;
               d.   Lots immediately adjacent to a residentially developed or occupied lot;
               e.   Within the front setback of all lots.
            2.   No owner or occupant of any premises shall permit vegetation to obscure or restrict vision along a public street or at an intersection so as to create a safety hazard.
            3.   Landscaping shall be maintained in healthy condition, trimmed appropriately for the species of vegetation and the context in which it appears in the landscaping and, in the case of planting beds, kept free of weeds.
            4.   Dead trees and other vegetation within landscaping shall be removed and replaced, where applicable.
            5.   Diseased trees shall be removed if curative efforts are either not timely undertaken or have failed.
            6.   Noxious weeds shall not be allowed to grow on any premises and shall be cut, removed, or destroyed by lawful means.
            7.   Subsections (b)(3)G.1., 3. and 4. shall not preclude the maintenance of undeveloped land, which may include all or part of a parcel, upon which no improvements appear therein in its natural state, provided there is no threat to the health or safety of persons or property.
         H.   Storage of Personal Property.
            1.   Lawn care machinery, tools, and equipment shall be stored in a fully enclosed space when not in use.
            2.   Machinery, tools, and equipment used in connection with the bona fide agricultural use of a lot shall be stored so as not to be visible from any public right of way or off- premises when no in use.
            3.   Dilapidated or unusable furniture or other items of personal property shall be stored only in a fully enclosed structure.
            4.   Furniture, appliances, fixtures, and other household items, regardless of their condition, which are designed for interior use shall not be stored outside of a fully enclosed structure.
            5.   It shall be prima facie evidence of a violation of subsections (b)(3)H. 1. through 4. hereof that the item was kept in a prohibited location upon the premises for three or more consecutive days.
         I.   Garbage, Refuse, and Rubbish.
            1.   Garbage, refuse, and rubbish shall be disposed of in a clean and sanitary manner by placing it in containers appropriate and adequate for the nature of the materials.  Every occupant or owner shall make the necessary arrangements for the timely pickup and removal of any garbage, refuse, or rubbish.
            2.   All refuse associated with construction activities shall be placed in containers appropriate and adequate for the nature of the refuse and shall be promptly removed from the premises.  The following circumstances shall be prima-facie evidence of a violation of this section:
               a.   The refuse has not been placed in a container appropriate and adequate for the nature of the refuse; or
               b.   The refuse has been placed in a container and not removed from the premises for more than ten days after the container has been filled to its capacity; or
               c.   Regardless of whether the container has been filled to its capacity, refuse placed therein has not been removed from the premises for more than thirty days.
            3.   Dumpsters and other such refuse containers which are not in active use shall be removed from the premises.
         J.   Infestation by Pests.  All structures and premises thereof shall be maintained free from sources of breeding, harborage, and infestation by insects, vermin, or rodents.
            (Ord. 10-08-10.  Passed 10-20-08.)
1321.03  VACANT BUILDINGS.
   If any structure or part thereof is vacant, the Property Maintenance Officer may order said structure secured so it will not be an attractive nuisance.  Said order shall be served as set forth in Section 1321.05(d) and shall specify a reasonable time for compliance.  Upon failure of the owner to comply within the specified time, the Property Maintenance Officer shall cause the building to be secured using Village forces or by contract with a private person or firm, and the costs thereof shall be charged against the owner of the property.  If the bill is not paid within ninety days after submission, then the Clerk-Treasurer shall certify said costs together with ten percent (10%) penalties to the Lake County Auditor for placement on the tax duplicate to be collected as taxes for return to the Village
(Ord. 10-08-10.  Passed 10-20-08.)
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