(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.)