(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.)