Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of violating this Chapter:
A. Maintains or permits an unfavorable building or structure appearance or level of maintenance:
1. Adverse Impact: Buildings, structures, fences and retaining walls which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: a) decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood; and b) may adversely affect property values and neighborhood patterns.
2. Standards:
a. Any building, structure, fence or retaining wall is a public nuisance if it does not comply with the following requirements:
(1) No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timber.
(2) Every exterior surface which has had a surface finish such as paint applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than twenty percent (20%) of:
(A) Any one wall or other flat surface;
(B) All door and window moldings, eaves, gutters, and similar projections on any one side or surface.
(3) No glass, including windows and exterior light fixtures, shall be broken or cracked and no seams shall be torn or separated from moldings.
(4) All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place.
(5) All cornices, moldings, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly.
(6) Roof structures shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly.
(7) Chimney, antennas, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or roof.
B. Maintains or permits buildings or structures which endanger public safety, health or property within the City:
1. Any building, structure, fence or retaining wall in the City which is found by the City Building Inspectors or Fire Marshall, or their designee, to be dangerous to public safety, health or property by reason of:
a. Damage by fire;
b. Defective chimneys or stovepipes;
c. Dilapidated condition or decay;
d. Defective electrical wiring;
e. Defective gas installations;
f. Defective heating apparatus;
g. Defective sewage disposal system or plumbing;
h. Any other defect endangering the public safety, health, or other property;
are hereby declared to be a public nuisance.
2. Any building or structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provisions for basic illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare to the occupants or of the public, may be declared unfit for human habitation. Whenever any building has been declared unfit for human habitation, the enforcement officer shall order same vacated within a reasonable time and shall post a placard on the property which shall: a) be in writing, b) include a description of the property sufficient for identification, c) include a statement of a reason or reasons why it is being issued, d) include a description of the repairs and improvements required to bring the dwelling into compliance with the provisions of this Chapter, and e) include a statement of time allowed to correct the violations.
C. Maintains or permits garbage or refuse to be placed or stored in yards:
1. To enhance the safety of residents, no garbage, junk or debris shall be placed in yards or properties in the City. The City Zoning Ordinance states that except as specifically authorized by the Zoning Ordinance, all equipment, merchandise, materials, supplies, unlicensed vehicles, junk vehicles, trash and junk, and finished and semi-finished products shall be stored within "structures" as defined in the Zoning Ordinance. Violation of such provisions of the City Zoning Ordinance is a violation of this Chapter.
D. Special provision; lawn maintenance:
1. Preamble: There are a variety of landscapes in the City which diversify and add a richness to the quality of life. Certain areas in the City have been left, or allowed to go, unmaintained. They have been accepted by the vast majority of the City residents as appropriate and as part of the unique quality of life in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property which appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare:
a. Undesirable vegetation such as common buckthorn, quack grass, and other weeds may invade and threaten to supplant other more desirable vegetation.
b. Vegetation which causes allergic reactions, such as ragweed, may develop.
c. Tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads.
2. Definitions: For the purpose of this Section the following words shall have the meanings specified below:
MEADOW VEGETATION: Grasses and flowering and broad leaf plants which are native to, or adopted to, the State, which are commonly found in meadow and prairie plant communities, except weeds.
NOXIOUS WEEDS: Those plants which are determined from time to time to be noxious weeds pursuant to Minnesota Statutes, section 18.77, subdivision 8.
REGULARLY CUT: Mowing or otherwise cutting the vegetation so that it does not exceed eight inches (8").
TURF GRASSES: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue, and rye grass blends, and nonwoody vegetation interspersed with them.
WEEDS: Include all noxious weeds buffalobur, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically listed above may not be included within the landscape plan. Vegetation which does not comply with this plan are weeds.
3. Maintenance Standard: The minimum standard in this Section applies to property which has been developed with a "building" as defined in the Building Code, including vacant property combined with developed property for this purpose, and a parcel of property which has been completely or partially disturbed by demolition, grading or other means in preparation for development or redevelopment.
a. All turf grasses and weeds must not exceed a height of eight inches (8"), measured from the base at ground level to the tip of each stalk, stem blade, or leaf.
b. This requirement does not apply to the following:
(1) A wetland or flood plain designated on the Official Zoning Map or any other available wetland inventory maps on file with the City.
(2) A drainage pond or ditch which stores or conveys storm water.
(3) A pasture which is: a) currently being used for the exercise or feeding of domestic hoofed animals, b) physically surrounded by a permanent fence which separates the pasture from property used for other purposes, c) at least one-half (1/2) acre in size, and d) undeveloped with any habitable buildings.
(4) An area in which the land and vegetation appear not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination.
(5) An area established with meadow vegetation if:
(A) The prior vegetation is eliminated and the meadow vegetation is planted through transplants or seed by human or mechanical means.
(B) The area is cut at least once per year to a height of eight inches (8"), if weeds cover more than twenty five percent (25%) of the area.
(C) A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. The sign is required only if the vegetation is in an area likely to be seen by the public. This sign shall be in addition to any sign permitted by the sign ordinance but shall be no smaller than ten inches (10") square, no larger than one square foot, and no higher than three feet (3') tall. The sign is no longer required when weeds cover twenty five percent (25%) or less of the area.
c. See section 5-2-2 of this code for noxious weed control requirements.
E. Special Provision; Parking Maintenance:
1. It shall be the joint responsibility of the operator and owner of any principal use to maintain, in a neat and aesthetic manner, the parking space, accessway, driveway, landscaping, required fences or walls and retaining walls. Violation of section 5-2-2 of this code is a violation of this chapter. (Ord. XVIII.10, 9-2-1997)