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)

4-4-4: PUBLIC OFFICER:

The city shall designate a public officer to be charged with the administration and enforcement of this chapter. (Ord. 1148, 11-18-2013)

4-4-5: ENFORCEMENT STANDARDS:

No person shall be found in violation of this chapter unless the public officer makes a reasonable inquiry and inspection of a premises, and thereafter believes, and prepares written findings in support thereof, that a condition exists that is declared unlawful by section 4-4-6 of this chapter. (Ord. 1148, 11-18-2013)

4-4-6: UNLAWFUL ACTS:

It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the city or conditions which are detrimental to the aesthetic characteristics of adjoining properties, neighborhoods or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:

   A.   Exterior conditions (yard) shall include, but not be limited to, the scattering over or the leaving, depositing or accumulation on the yard of any of the following:

      1.   Lumber, wire, metal, tires, concrete, masonry products, paper, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;

      2.   Furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property;

      3.   Nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner; or

      4.   "Garbage" or "trash" as defined in section 4-4-3 of this chapter.

   B.   Exterior conditions (structure) shall include, but not be limited to, dilapidated, deteriorated, or in a state of disrepair, any of the following:

      1.   Exteriors of any structure;

      2.   Exteriors of any accessory structure; or

      3.   Fences, walls or retaining walls.

Unlawful conditions described in this section shall not include, and this section shall specifically exclude, color of paint or architectural designs or style selected or utilized on or for a structure. (Ord. 1148, 11-18-2013)

4-4-7: ORDER OF VIOLATION:

Any person found by the public officer to be in violation of section 4-4-6 of this chapter shall be sent a written order of violation (order) issued by the governing body or its designee. The code enforcement officer is hereby designated by the governing body for the purposes of issuing the order required herein. Such order shall be issued by the code enforcement officer after the inquiry, investigation and findings required by section 4-4-5 of this chapter. The order shall be sent by first class mail. If a person has failed to accept delivery or otherwise failed to effectuate receipt of an order sent pursuant to this section during the preceding twenty four (24) month period, the governing body may provide notice of the issuance of an order by any reasonable manner, including, but not limited to, door hangers, conspicuous posting of an order on the premises, personal notification, telephone communication, or first class mail. The order shall state:

   A.   The condition which has caused the violation of this chapter; and

   B.   That the person in violation shall have:

      1.   Ten (10) days from the date of the mailing of the order to abate the exterior conditions (yard) violation; and/or

      2.   Thirty (30) days from the date of the mailing of the order to abate the exterior conditions (structure) violation; or in the alternative to subsections B1 and B2 of this section;

      3.   Ten (10) days from the date of the mailing of the order, plus any additional time granted under subsection C of this section, to request, as provided in section 4-4-10 of this chapter, a hearing before the governing body on the matter.

   C.   Provided, however, that the governing body or its designee named herein shall grant one or more extensions to the time periods stated in subsections B2 and B3 of this section, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation of this chapter; and

   D.   That failure to abate the condition or to request a hearing may result in prosecution under section 4-4-8 of this chapter and/or abatement of the condition by the city according to section 4-4-9 of this chapter, with the costs assessed against the property under section 4-4-12 of this chapter. (Ord. 1148, 11-18-2013)