A. Appearance And Condition Of Premises: The appearance and condition of premises has a significant effect on property values. Accordingly, the following regulations shall apply:
1. The outside surface of buildings shall be maintained in good condition.
2. Any lot in any zone shall be improved and maintained as follows:
a. Landscaping shall be installed and properly maintained in a good condition, free from weeds taller than six inches (6") and noxious plants, refuse and debris in front and side yards, including the park strip. Landscape design shall conform to Title 10, Chapter 22, Water Efficient Landscape Standards.
b. Landscaping for single-family and two-family dwellings shall be installed within twelve (12) months from the date of occupancy.
c. Landscaping for commercial, industrial, institutional, or multi-family residential shall be completed prior to final occupancy.
d. When unique or unforeseen circumstances exist, the community and economic development director may grant an extension of time for landscape installation. Extensions will only be approved upon submission of an erosion control plan, including soil stabilization, and shall be reviewed by the Storm Water Inspector for compliance with Storm Water Pollution Prevention Plan regulations.
3. Trash, weeds or other unsightly material shall not be allowed to remain on any lot outside of approved containers in the city. Junk, debris, trash, abandoned vehicles, or similar refuse material shall not be stored or allowed to remain outdoors, unless otherwise allowed by city code.
4. View obscuring berms, fences, walls or hedges shall be installed by the property owner to block the view from the public right of way, or from neighboring properties, whenever uses of land are found by the planning commission to be offensive, detracting, obnoxious, visually polluting or otherwise visually devaluing to neighboring properties or the community.
B. Abandoned, Wrecked Or Inoperative Vehicles:
1. Definitions:
ABANDONED VEHICLE: | Any motor vehicle left unattended on any roadway or on any public or private property in such an inoperative, dismantled, wrecked or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded. A reasonable conclusion that any motor vehicle is abandoned includes, but is not limited to, consideration of the amount of time the motor vehicle has been resting in the same place, the state of the motor vehicle’s mechanical condition, the state of the motor vehicle’s registration and licensing information provided by the owner of the motor vehicle and information provided by surrounding property owners. |
DISMANTLED VEHICLE: | Any motor vehicle partially or completely disassembled. |
INOPERATIVE VEHICLE: | Any motor vehicle that cannot be moved under its own power. |
UNREGISTERED VEHICLE: | Any motor vehicle not currently registered so as to permit it to be lawfully operated upon a highway. |
VEHICLE PARTS: | Any items that can be attached to or included as part of or within any motor vehicle. |
WRECKED VEHICLE: | Any motor vehicle damaged to the extent that it cannot be lawfully operated upon a highway. |
2. Unlawful Conduct: It shall be unlawful and is a public nuisance for any owner or tenant to cause or permit any motor vehicle and/or vehicle part of any kind which is inoperative, partially or completely dismantled, junked, wrecked or abandoned to be parked, stored or remain on any property or premises within the city for a period of time in excess of seven (7) days, unless placed in an enclosed garage, concealed behind an opaque screening fence or in connection with a lawfully situated and licensed business engaged in the repair of motor vehicles. This provision applies whether the vehicle or part is currently licensed or not.
3. Exception Permit:
a. A permit may be granted by the community and economic development director for an exception to this subsection if the owner of an unregistered, inoperative, dismantled, wrecked or abandoned motor vehicle and/or vehicle part makes written application to the community and economic development director providing:
(1) Proof that the applicant is the owner of the motor vehicle;
(2) Proof that the applicant is the owner of or has permission of the owner of the property upon which the motor vehicle will be parked, stored or remain;
(3) A description of the condition of the motor vehicle, i.e., that the motor vehicle is unregistered, inoperative, dismantled, wrecked or abandoned;
(4) A description of the plan by which the condition of the motor vehicle will be changed, i.e., the date upon which the vehicle will be registered, repaired, removed from the property, etc.;
(5) The address at which the motor vehicle will be parked, stored or remain while its condition is being changed;
(6) The location upon the property, at the specified address, where the motor vehicle will be parked, stored or remain while its condition is being changed;
(7) That a nuisance, health hazard or safety hazard will not be created while the motor vehicle is parked, stored or retained; and
(8) Only one permit may be issued per twelve (12) month period per property, and for a period not to exceed six (6) months. At the end of the six (6) months, the vehicle shall either be repaired or lawfully registered or removed from the property.
b. Any vehicle maintained on a property under an exception permit shall be otherwise kept in compliance with all applicable laws, shall not be parked or kept in the public right of way or on landscaped areas, shall not constitute a hazard in any way, and shall not constitute a public nuisance. A permit may be revoked by the community and economic development director for failure to comply with these terms, and a permit may be denied for failure to comply with these terms for earlier vehicles.
4. Penalty: Violators of this subsection may be prosecuted by criminal prosecution. Any person violating any of the provisions of this subsection shall be deemed guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. A separate offense each day for such violation is permitted to continue shall be constituted. Nothing herein shall prohibit the city from taking such civil action as may be deemed appropriate to abate said nuisance. (Ord. 2010-03, 3-16-2010; amd. 2012 Code; Ord. 2022-03, 6-7-2022)