(A) Exterior maintenance standards.
(1) The exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the city and so as to avoid blighting effects and hazards to health, safety and welfare.
(2) The owner and operator shall keep the exterior of all premises and every structure thereon including, but not limited to, walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse or garbage containers, store fronts, signs, windows, doors, awnings and marquees, in good repair and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties. Exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated.
(3) All surfaces shall be maintained free of significant broken glass, loose shingles, crumbling stone or brick, peeling paint or other cumulative conditions reflective of deterioration or inadequate maintenance, and not show evidence of weathering, discoloration, ripping, tearing or other holes or breaks, to the end that the property itself may be preserved safely and fire hazards eliminated adjoining properties and the neighborhood protected from blighting influence.
(4) All premises shall be maintained and lawn, hedges, bushes, trees and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property.
(5) All premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk and foundation remnants. No premises shall be used for the storage of inoperable motor vehicles, machinery, junk vehicles or machinery and vehicle parts when such storage is within view of any public premises or public alley, street or highway so as not to cause a blighting problem or adversely effect the public health or safety or where such storage presents a blighting influence on any adjoining property.
(6) All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein.
(B) Remedies.
(1) The Director of the city’s Enforcement Authority shall request the City Attorney to bring action on behalf of the city in the circuit or superior courts of the county, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Director or his or her authorized representative, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter. Any person adjudged guilty of a violation of this subchapter may also be adjudged to pay the costs of prosecution.
(2) The owner of the property shall be notified in writing stating that the property owner shall have a maximum of 15 days to comply with the standards of maintenance as outlined in this section, after which time if the property owner has not complied, a fine shall be assessed as provided for in division (C) below.
(C) Penalties.
(1) If any property owner violates the provisions of this section, said property owner shall be notified in writing of such violation.
(2) The Director of the city’s Enforcement Authority or his or her authorized representative shall send a “violation notice” by first class mail or by delivery in person to the property owner found to be in violation of this section, and that said person shall have a maximum of five days to complete and return a form letter indicating agreement to “correct the violation within 15 days” or to “appeal the violation”.
(3) Upon receipt of a request for an appeal, the Director shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal “the violation”, “the compliance requirements” or “the completion date”.
(4) Upon presentation of convincing evidence, the Board of Public Works and Safety may negotiate an adjusted “compliance schedule” commensurate with the evidence presented and in keeping with this section.
(5) Upon proof of hardship, a resident- owner may be granted a continuance and be excepted from fines for those violations requiring the expenditure of unavailable funds; provided that, said violations do not adversely affect the public health or safety.
(6) In the event the owner failed to respond to any of the above procedures, the owner would be found in violation of this section and fined accordingly, pursuant to § 10.999 of this code of ordinances.
(7) Notice of such violation shall be by written notice in form as approved by the Board of Public Works and Safety, and notice shall include a statement of the nature of the violation, location of City Clerk’s office, identification of the violator and identification of issuing official.
(8) Enforcement of this section shall be by the Director of the city’s Enforcement Authority or his or her authorized representative.
(9) Failure to remit the fine within ten days shall result in issuance of summons for said violation in the proper court of jurisdiction.
(D) Right of appeal. The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this section and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions.
(Prior Code, § 150.18) (Ord. 2-2001, passed - -2001)