1133.01 Definitions.
1133.02 License required.
1133.03 Application and license requirements.
1133.04 Inspection and enforcement.
1133.05 Time limit on lawn and landscape installation for residential lots.
1133.99 Penalty.
CROSS REFERENCES
Swimming pool fences - see BLDG. 1131.04
Permit for topsoil removal - see BLDG. 1135.01
Landscaping of residential premises - see BLDG. 1143.04(e)
Landscaping of nonresidential premises - see BLDG. 1143.05 (a)
(a) "Landscaping" includes the planning, planting, and the removal of trees, shrubs, flowers, bulbs and other plants for the purpose of beautifying the premises, not involving grading or drainage of lot.
(b) "Lawn services" includes the grading, application of fertilizers and topsoil, installation of lawn sod, and the seeding of lawns, not involving grading or drainage of lot. (Ord. 49-1979. Passed 7-23-79.)
No person shall contract, either orally or in writing, for the planning, planting, removal, sale and/or installation of trees, shrubs, flowers, bulbs, lawns, grasses, ground covers and the like, in the City, which involves the grading or drainage of the lot, without first obtaining a license, providing a cash bond not to exceed one hundred dollars ($100.00) and paying the fees provided herein. The cash bond shall be refunded sixty days following inspection by the Building Commissioner of the satisfactory installation of the landscaping facilities. (Ord. 49-1979. Passed 7-23-79.)
(a) Application shall contain the name, address and principal place of business or office of the applicant, together with a statement as to length of time in business and general experience or knowledge of the applicant.
(b) The license shall be in force for a period of one year, and the fees shall be twenty-five dollars ($25.00).
(c) Each applicant shall provide an approved fidelity bond in the principal sum of five thousand dollars ($5,000) in favor of the City, for the benefit of any person or persons damaged by the dishonest, incompetent or fraudulent acts of the applicant. Such bond shall be maintained in full force in the principal amount at all times, and shall provide that it shall not be canceled or revoked until ten days after written notice of intention so to cancel or revoke has been given to the Finance Director.
(Ord. 47-1979. Passed 7-23-79.)
(a) The Building Commissioner shall handle all matters regarding landscaping and lawn services and installations and shall be responsible for the maintenance and adherence by such landscaper to the grading or topographical plan for such lot to be improved by landscaping. Such landscaper shall be required hereunder to maintain the grade for any lot so improved by landscaping and be required to install such landscaping so as not to interfere, obstruct or permit the diversion of any surface waters with respect to such lot to the detriment of any abutting or adjoining property owners' lands. In the event such landscaping does divert or obstruct surface waters or interfere with the grading or topographical plan for such lot, such landscaper, upon receipt of written notice by the Building Commissioner, shall immediately commence to make the necessary repairs or corrections in accordance with instructions from the Building Commissioner and, upon failure to so repair or correct such conditions, his bond shall be forfeited forthwith.
(b) Upon a finding by the Building Commissioner that any landscaping or lawn services have not been installed according to contract and accepted nursery practices in this region and the provisions set forth in subsection (a) hereof, the Building Commissioner may revoke the license heretofore issued hereunder until the installation has been corrected in accordance with the orders of the Building Commissioner.
(c) Any license holder whose license has been so revoked may appeal such decision to a Board composed of the Mayor, Chairman of the Streets, Sidewalks, Utilities Committee of Council and the Law Director, by written notice of such intention to appeal filed within ten days of the revocation of the license. The decision of the Board shall be final.
(Ord. 47-1967. Passed 7-10-67.)
(a) Any new or used residential dwelling built or occupied in the City, that does not have grass and landscaping in and installed at the time of occupancy, must have such grass and landscaping completely installed and completed as to all of its aspects no later than one year from the date of first occupancy of the aforesaid residential dwelling. Lawns must be installed of conventional grass. Stone lawns are prohibited. Decorative stones can be used in grass areas so long as it does not exceed five percent (5%) of the grass area of the subject residence.
(b) Nothing in this section shall be construed as to prevent a dwelling owner, lessee or occupant thereof from installing and completing such grass and landscaping before the aforesaid one-year time limitation.
(c) In determining the boundaries of a subdivision as defined in Section 911.001 of these codified ordinances, reference may be made to recorded plat maps, legal descriptions, or such other sources of information as the Building Commissioner and the City Engineer may deem appropriate.
(d) No later than one year following completion of improvements for at least eighty percent (80%) of the total number of platted lots in a subdivision:
(1 ) The area of any remaining unimproved lot(s) on which the ground has been disturbed by construction activity, or which has been cleared of trees or other vegetation, shall be maintained by the owner free of construction waste. It shall also be the responsibility of the owner of an unimproved lot to remediate any dumping on said lot; and
(2) It shall be the responsibility of the owner of an unimproved lot to grade such lot and maintain such grading in conformity with a plan which shall be presented by or on behalf of the owner for approval by the Building Commissioner and City Engineer; and
(3) Each unimproved lot shall be seeded and maintained with an approved grass ground cover for a minimum distance of 40 feet from the abutting street pavement edge or curb. Lots that are seeded in grass shall be consistent with the residential character of the neighborhood. Such grass covered lots shall be maintained according to City code. Nothing herein shall be deemed to require removal of trees or clear cutting of wooded lots.
(4) It shall be the responsibility of the owner of an unimproved lot to install sidewalks when 80% of the total number of lots in said subdivision are improved and have sidewalks installed, or as may otherwise be required by the city in said subdivision. Said sidewalks shall be installed in conformity with the provisions of Chapter 1106 of the Codified Ordinances of the City.
(e) The City shall serve upon the owner, occupant, or any person or entity having the charge or management of any lot, whether the same is improved or unimproved, vacant or occupied, a notice of the provisions and/or violations of any of the provisions of this section, and that the violations must be remediated and/or the property brought into compliance with the provisions of this section within 60 days after the service of such notice. Said notice shall be afforded as a courtesy to the owner, occupant, or person or entity having charge or management of any lot once each year.
(f) Service of such notice may be made by mailing such notice by regular mail to the owner, occupant, or any person or entity having the charge or management of any lot, which notice shall be deemed effective upon mailing, or if such mail is returned as undeliverable, such notice shall be given by posting such notice at the property in a conspicuous place, which notice shall be deemed effective upon such posting.
(g) After service of such notice, the City may remediate the violations and/or take such actions as may be required to bring the property into compliance with the provisions of this section, and then, after such work is done, the City shall give five days' notice, by regular mail to the owner of such lot or parcel of land, at such owner's last known address, which notice shall be deemed effective upon mailing, or if such mail is returned as undeliverable, such notice shall be deemed given by posting such notice at the property in a conspicuous place, whlch notice shall be deemed effective upon such posting, to pay the cost of such work and reasonable administrative costs. Notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within thirty days after the mailing or posting of such notice, then such amount shall be certified to the County Auditor for collection of the same as other taxes and assessments are collected.
(h) No person, resident, homeowner, occupant, building contractor, officers or agents of any person(s), company, organization, partnership, firm, corporation, association, board or commission shall violate, cause or knowingly permit to be violated, any of the provisions of this section.
(i) (1) A violation of any provision of this section is one of the following
A. Except as otherwise provided in subsections (i)(l)B. and C. of this section, a misdemeanor of the third degree;
B. If, within two years of the offense, the offender has previously been convicted of or pleaded guilty to a violation of any provision of this section, a misdemeanor of the second degree;
C. If, within two years of the offense, the offender has previously been convicted of or pleaded guilty to two or more violations of any provision of this section, a misdemeanor of the first degree.
D. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 71-2014. Passed 8-4-14.)
Loading...