CHAPTER 4
ENVIRONMENTAL QUALITY OF RESIDENTIAL NEIGHBORHOODS

SECTION:

4-4-1: Legislative Finding Of Fact

4-4-2: Purpose

4-4-3: Definitions

4-4-4: Public Officer

4-4-5: Enforcement Standards

4-4-6: Unlawful Acts

4-4-7: Order Of Violation

4-4-8: Penalty

4-4-9: Abatement

4-4-10: Hearing Before Governing Body

4-4-11: Appeals

4-4-12: Costs Assessed

4-4-13: Construction

4-4-1: LEGISLATIVE FINDING OF FACT:

The governing body has found that there exists within the city unsightly and hazardous conditions due to dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations of refuse increasing the hazards of accidents or other calamities, structural defects, uncleanliness; and unsightly stored or accumulated material, equipment, supplies, machinery or vehicle parts. Such conditions are adverse to the general welfare of the city in that they have a blighting influence on adjoining properties, neighborhoods and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided. (Ord. 1148, 11-18-2013)

4-4-2: PURPOSE:

The purpose of this chapter is to protect, preserve, upgrade and regulate the environmental quality of industrial, commercial and residential neighborhoods in the city, by making unlawful conditions which are injurious to the health, safety, welfare or aesthetic characteristics of neighborhoods, and to provide for the administration and enforcement thereof. (Ord. 1148, 11-18-2013)

4-4-3: DEFINITIONS:

The words and phrases listed below when used in this chapter shall have the following meanings:

ABATEMENT: The removal, elimination, alleviation, or repair of any condition described in section 4-4-9 of this chapter.

   ACCESSORY STRUCTURE: A secondary structure detached from a principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

   COMMERCIAL OR INDUSTRIAL: Premises or property used or intended to be used primarily for other than residential purposes.

   DILAPIDATION, DETERIORATION OR DISREPAIR: Any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

   EXTERIOR: Those parts of a structure which are exposed to the weather or subject to contact with the elements: including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.

   GARBAGE: Means, without limitation, any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage or use of foodstuffs.

   PERSON: Any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, whether or not in possession.

   PREMISES: Any lot, tract or parcel of land, whether developed or not, including the structures thereon.

   PROPERTY: Real property on which exists a condition described in section 4-4-6 of this chapter.

   REFUSE: Garbage and trash.

   RESIDENTIAL: Premises or property used or intended to be used primarily for human habitation.

   STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

   TRASH: Combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches; and noncombustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter or ashes.

   WEATHERED: Deterioration caused by exposure to the elements.

   YARD: The area of a premises not occupied by any structure. (Ord. 1148, 11-18-2013)