(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 town and so as to avoid blighting effects and hazards to health, safety and welfare. The owner and/or occupant 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 and 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 coatings or materials where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties.
(2) Exterior wood composition or metal surfaces shall be protected from the elements by paint or other protective coverings. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or coverings. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effect may remain untreated.
(3) All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick and peeling paint, when the peeling consists of at least 33 1/3% of the surface area, or other conditions reflective of deterioration or inadequate maintenance, and not showing 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 from adjoining properties and the neighborhood protected from blighting influence. All premises shall be maintained and lawns, hedges, bushes, trees and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view or where the vegetation may constitute a blighting influence on adjoining property.
(4) All premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk and foundation remnants. No premises shall be used for storage of inoperable motor vehicles, machinery, junk vehicles or machinery and vehicle parts where storage is within view of any public premises or public alley, street or highway so as not to cause a blighting problem or adversely affect the public health or safety.
(5) 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 Building Commissioner shall request the Town Attorney to bring action on behalf of the town in the circuit or superior courts of the county for mandatory and injunctive relief in the enforcement of this section to secure compliance with any order or orders made by the Building Commissioner or his or her authorized representative, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. Any person adjudged guilty of a violation of this chapter 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 30 days to comply with the standards of maintenance as outlined in this section, at 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, the property owner shall be notified in writing of the violation. The Building Commissioner or his or her authorized representative shall send a violation notice by certified mail or by delivery in person to the property owner found to be in violation of this section, and that stating the person shall have a period of 15 days to complete and return a form letter indicating agreement to correct the violation within 30 days or to appeal the violation.
(2) Upon receipt of a request for an appeal, the Building Commissioner 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. Upon presentation of convincing evidence, the Planning and Zoning Commission may negotiate an adjusted compliance schedule commensurate with the evidence presented and in keeping with this section.
(3) Upon proof of hardship, a resident-owner may be granted a continuance and be exempted from fines for those violations requiring the expenditure of unavailable funds provided that the violations do not adversely affect the public health and safety.
(4) In the event the owner fails to respond to any of the above procedures, the owner is found in violation of this section and shall be fined accordingly. He or she shall be cited before a court of competent jurisdiction, and upon conviction of the violation shall be fined not less than $100 nor more than $2,500.
(D) Right to appeal.
(1) The Board of Zoning Appeals 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.
(2) The Planning and Zoning Commission may develop standards and procedures for the implementation and enforcement of these provisions.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)