(A) Sanitation.
(1) All exterior property and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage. No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public. No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public. No person shall allow the accumulation on any lot or in any such building, house, or structure, rubbish or other materials which shall or will, if such condition is suffered to continue, attract and propagate vermin or insects.
(2) Regulations for the disposal of garbage and rubbish are detailed in Chapter 92 of the Montgomery Code of Ordinances.
(B) Discarded materials. All exterior property and premises shall be maintained free of discarded materials.
(C) Compost heap. A compost heap shall not be placed in any front yard as defined by the City Zoning Ordinance and shall be set back a minimum of two feet from any side and rear yard lot line and a minimum of 20 feet from adjacent residential dwelling unit. In no event shall a compost heap be located in any riparian zone, drainage or utility easement. A compost heap shall be no more than five feet in height, and shall not exceed a maximum ground or base area of 100 square feet. The depositing of pet waste, meat scraps, or other materials that may attract animals or vermin to the compost heap or which may provide an obnoxious odor is prohibited. If the compost heap is located in a landscape area, it shall be enclosed in a compost bin.
(D) Building materials. Owners shall not permit the accumulation of building materials upon property and shall remove said materials from the exterior of the property, except when said building materials are permitted upon property where the owner is in possession of a valid and existing building permit issued by the city or if the owner is otherwise in the process of construction or improvements upon said property.
(E) Grading and drainage. All premises shall be properly graded and maintained to provide for the immediate diversion of water away from buildings and to prevent the accumulation of stagnant water thereon, or within any structure located thereon with the exception of approved retention areas, reservoirs, and rain gardens. Any alteration of the existing grading and drainage shall comply with the regulations set forth in Chapter 154 of the Montgomery Code of Ordinances.
(F) Water.
(1) Pollution. It shall be unlawful for any person to cast rubbish or garbage into any reservoir, pond, or watercourse, or to in any manner corrupt or render unwholesome or impure water thereof.
(2) Rivers and streams. It shall be unlawful for any person to place or cause to be placed in the channel or bed of any river or stream in the city any fence, building or other structure, or any rock, gravel, concrete or other matter which may encroach upon or reclaim lands from the beds of such rivers or streams or which may impede, retard or divert the flow of water in said rivers or streams; provided, however, that nothing contained herein shall deny to the city, any government agency or municipal corporation to power to go upon such rivers or streams, modify the river channel and erect such structures, which may be deemed necessary or desirable for flood protection, transportation, riparian zone improvement or public recreation.
(G) Soil erosion. The exterior open space around each structure shall be maintained or so improved as to provide for grass plantings or other suitable ground cover to prevent soil erosion, which is or may become detrimental to the structures, lot use or adjacent lots and structures.
(H) Drainage swales. Swales are to be maintained by the owners of the parcels upon which they are located and at no time shall anyone plant shrubs and/or trees on, or discharge, empty, or place any material, fill or waste into, any swale so as to divert or impede drainage flow. Rain gardens may be permitted in drainage swales as approved by the City Engineer. Small swales can be mowed as a part of the yard. Larger drainage swales in meadow situations should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving the understory to retard runoff and prevent erosion.
(I) Private sewers. Private sanitary or storm sewers are to be maintained by the owners of the parcels upon which they are located. Any such sewer which may become exposed due to soil erosion or any pipes within such sewer, which are broken or deteriorated, shall be repaired and maintained by the owner of the parcel upon which such sewer is located. Additionally, the owner of the parcel upon which such sewer is located shall maintain the sewer system free and open so as not to impede the free flow of materials through such sewer system.
(J) Vegetation.
(1) Safe flow of traffic. All hedges, bushes, trees and other vegetation, both within or without of the right-of-way, shall be kept trimmed and from becoming overgrown such that such growth interferes with the safe flow of traffic or is an obstruction to traffic sight lines or otherwise blocks, impedes or interferes with appropriate traffic safety signs.
(2) Maintenance. All plant materials, especially trees and shrubs, which are dead, afflicted with decay, disease or insect infestation, or otherwise considered dangerous to other plant material; or are in such a condition that it shall or will, if such condition is suffered to continue, endanger the life, limb, or property or cause hurt, damage, or injury to persons or property or cause hurt, damage, or injury to persons or property upon the public streets, or public ways adjacent thereto, by the falling thereof or of parts thereof, shall be removed or appropriately treated.
Exception: Any portion of property which is within a riparian zone of any creek or waterway or is an environmental conservation area, or wooded area shall be exempt from the provisions of this section.
(K) Weeds and plant growth. All premises and exterior property shall be maintained free from weeds or plant growth, including cultivated lawns, in excess of six inches. Weeds shall be defined as annual plants and vegetation, other than trees or shrubs provided; however this term shall not include cultivated flowers and gardens. All weeds and plant growth in excess of six inches shall be cut and destroyed within five days after service of a notice of violation. If the owner fails to comply with the notice within the time allotted, the city may begin minor nuisance abatement, as outlined in § 93.16. The following noxious weeds as identified by the Ohio State University document Identifying Noxious Weeds of Ohio (Bulletin 866-98) or as amended in the future shall be prohibited:
Wild Mustard | Brassica kaber var. pinnatifida |
Musk Thistle (Nodding Thistle) | Carduus nutans |
Oxeye Daisy | Leucanthemum vulgare |
Canada Thistle | Cirsium arvense |
Poison Hemlock | Conium maculatum |
Wild Carrot (Queen Annes Lace) | Daucus carota |
Purple Loosestrife | Lythrum salicaria |
Wild Parsnip | Pastinaca sativa |
Mile-a-Minute Weed | Polygonum perfoliatum |
Russian Thistle | Salsola iberica |
Cressleaf Groundsel | Senecio glabellus |
Shattercane | Sorghum bicolor |
Johnsongrass | Sorghum halepense |
Grapevines (abandoned) | Vitis spp. |
(L) Sidewalks, parking areas and driveways. All sidewalks, walkways, stairs, driveways, parking areas and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions, such as holes, grade shifts and trip hazards.
(M) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface or any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(N) Accessory buildings and structures. All accessory buildings and structures, including, but not limited to detached garages, storage sheds, decks, gazebos, bridges, patios, pergolas, fences and walls, doghouses, chicken coops, rabbit hutches, beehives and other animal shelters shall be maintained structurally sound and in good repair.
(O) Swimming pools and other water features. Swimming pools, spas, jacuzzis, and other water features shall be maintained in a clean and sanitary condition, in good repair and free of stagnant water. Swimming pools, spas and jacuzzis that are properly closed shall be exempt from this regulation. Rain barrels and rain gardens shall be exempt from this regulation; however, all rain barrels shall be completely enclosed or covered with a mesh screen to keep mosquitoes and other insects out of the standing water.
(P) Motor vehicles.
(1) Storage of inoperable vehicles. Except as provided in division (P)(2) of this section, no inoperable motor vehicle shall be parked, kept or stored on any lot. This section shall not be construed to permit the parking or placing of inoperable vehicles on any public right-of-way.
(2) Parking. No motor vehicle shall be parked on any lot unless parked on a hard surface including asphalt, concrete, pervious pavement, pavers, or an approved gravel driveway.
(3) Major repair. No motor vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of motor vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A motor vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(4) Minor repair. Minor repair, including changing a flat tire, window repair, oil changes, changing the air filter, tune ups, changing wiper blades, changing lights, and other similar work of the personal vehicle(s) registered to the owner/occupant of such property is allowed on any property. This section shall not otherwise authorize the operation of any motor vehicle repair facility in a zoning district where such use is either not accepted as a permitted use or is conditionally permitted within such district.
(Q) It shall be prohibited, in any zoning district within the city, for any person to slaughter or field dress any animal. This restriction shall not apply to any property area within the city where hunting is permitted. Additionally, any animal carcass must be properly stored before disposal so as not to cause noisome or offensive odors, attract animals or pests, and such animal carcass must be disposed of in a safe and sanitary manner.
(Ord. 15-2008, passed 10-1-08; Am. Ord. 13-2009, passed 12-2-09)