§ 91.14 EXCESSIVE NOISE AND MUSIC.

   (A)   (1)   Excessive noises. No person or organization shall engage in any performance or use any electronic device in any manner as to create a public disturbance or operate or permit the operation of any sound amplification system from within a vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

      (2)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         PLAINLY AUDIBLE. Any sound produced by a sound amplification system from within the vehicle which clearly can be heard from a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernable and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

         PUBLIC DISTURBANCE. Loud music revelry, or electronically reproduced sound done or created at a time and a place, or in a manner so as to create a substantial likelihood of disturbing the public’s reasonable expectation of peace and quiet.

         SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for amplification of the human voice and/or musical instrument.

   (B)   It is an affirmative defense to charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

      (1)   A system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

      (2)   The vehicle was an emergency or public safety vehicle;

      (3)   The vehicle was owned and operated by the city or gas, electric, communications or refuse company; or

      (4)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

   (C)   Such offenses shall be a minor misdemeanor.

   (D)   No person who owns, rents, leases or has control of or possession of any lot, business, property, house, rental unit, house trailer, mobile home, room apartment or any other vehicle or place used for human habitation, shall negligently allow said lot, business, property, house, rental unit, house trailer, mobile home, room, apartment or any other place or vehicle used for human habitation to be used in a manner which produces or disseminates unreasonable noises or in a manner that breaches the peace of the neighborhood in which it is located.

      (1)   It shall be prima facie evidence of using property to disturb the peace when a police officer, in good faith effort to enforce this section, notifies the offender that, in the police officer’s judgment, the offender is producing or disseminating unreasonable noises or is breaching the peace of the neighborhood and the offender, once notified, continues producing or disseminating unreasonable noises or breaches the peace of the neighborhood after such notice by the police officer.

      (2)   Nothing in this section shall be construed to zone use of property or land to certain uses.

(Prior Code, § 9.14.15) Penalty, see § 91.99

§ 91.15 EXTERIOR MAINTENANCE OF PROPERTY AND PREMISES CONDITIONS.

   (A)   All exterior property areas and premises located within the city shall be maintained in a clean, safe and sanitary condition, free from any accumulation of garbage, refuse, rubbish, special rubbish or litter otherwise in violation of §§ 53.03, 53.12, 91.03 and/or 91.12 or other applicable sections as herein established or amended.

   (B)   No owner, operator, agent, tenant, lease holder, firm, corporation or entity capable of holding title of real property or premises within the city shall maintain or permit to be maintained at, or on, the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood; adversely alters the appearance and general character of the neighborhood; creates a fire, safety or health hazard; or is a public nuisance, including, but not limited to:

      (1)   Broken or dilapidated fences, walls or other structures in disrepair;

      (2)   Out of use, unusable, discarded or inoperable appliances;

      (3)   Unlicensed and/or inoperable motor vehicles described in §§ 153.158 or § 77.01 and/or accumulation of motor vehicle parts, including tires on or off a wheel or rim;

      (4)   Display of vending machines in single-family residential zones, on property in any zone where the primary use is single-family residential or on the sidewalks of the public square in accordance with Ordinance 29-86;

      (5)   Broken, dilapidated, discarded or unusable furniture, including, but not limited to, mattresses, box springs, bed frames or upholstered furniture intended for indoor use;

      (6)   Used building material, including floor coverings and carpet, stored on a lot where the material is not being used in association with repairs or construction;

      (7)   The storage of materials in boxes, bags, sacks or containers, kept on open porches or outside a completely enclosed building or other materials that contribute to neighborhood blight;

      (8)   Conditions described in § 91.01; or

      (9)   Conditions described in § 91.06.

(Prior Code, § 9.14.16) Penalty, see § 91.99

NUISANCE STRUCTURES

§ 91.30 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   STRUCTURE UNIT FOR HUMAN OCCUPANCY. A structure that is unsafe, or because of the degree in which it lacks maintenance or is in disrepair; is unsanitary; vermin or rat infested; contains filth and contamination; or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment, or because its location constitutes a hazard to it occupants or to the public.

   UNREASONABLE REPAIRS. When the cost of repair to a structure would exceed 100% of the County Auditor’s true value of such structure; such repairs shall be presumed unreasonable.

   UNSAFE EQUIPMENT. Any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid or containers, or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. UNSAFE EQUIPMENT may contribute to the finding that a structure is unsafe or unfit for human occupancy or use.

   UNSAFE STRUCTURE. One in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or its occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable condition that it is likely to partially or completely collapse.

(Prior Code, § 9.15.01.01)

§ 91.31 CONDEMNATION.

   When a structure or part thereof is found to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, it may be condemned pursuant to the provisions of this subchapter, and may be placarded and vacated. A proper affidavit shall be prepared by the City Manager and such action shall be recorded in the County Recorder’s office and cross-referenced to the deed to the property. The structure or part thereof shall not be reoccupied without written approval from the City Manager. Unsafe equipment shall be placarded and placed out of service.

(Prior Code, § 9.15.01.02)

§ 91.32 CLOSING OF VACANT STRUCTURES.

   If a structure or any part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the City Manager may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the City Manager shall cause it to be closed through any available public agency or by contract, or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien against such real estate.

(Prior Code, § 9.15.01.03)

§ 91.33 NOTICE AND ORDERS.

   (A)   Notice to owner or occupants. When a property or part thereof has been condemned, the City Manager shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service.

   (B)   Form of notice. The notice to owner shall:

      (1)   Be in writing;

      (2)   Include a description of the real estate sufficient for identification;

      (3)   Include a statement of the reason why it is being issued;

      (4)   Include a correction order allowing a reasonable time for repairs and improvements but in no cases shall the time period exceed 60 days; and

      (5)   Include and explanation of the owner’s right to seek modification or withdrawal of the notice by written petition to City Council.

   (C)   Service on owner. Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally, or by leaving at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof, or by certified or registered mail addressed to the owner at the last known address with return receipt requested, or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting of a copy thereof in a conspicuous place in or about the structure affected by such notice, and at least one publication of such notice in a local newspaper of general circulation at least once a week for three consecutive weeks.

   (D)   Service on occupant. When a condemnation order is served on an occupant other than the owner or person responsible for compliance, a reasonable time to vacate the property after noncompliance shall be stated. In no cause shall this time period exceed 60 days. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance.

(Prior Code, § 9.15.01.04)