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The purposes of this chapter are to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and exterior conditions of all premises throughout the city; to fix certain responsibilities and duties upon owners, residents and managers of premises, including separate and correlative responsibilities and duties; to authorize and establish procedures for the exterior inspection of the premises; to fix penalties for violations of this chapter; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use. This chapter is hereby declared to be remedial and essential for the public interest and it is intended that this chapter be construed and interpreted to effectuate the purposes stated herein.
(Ord. 23-89, passed 9-5-1989)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Abandoned.” That to which an owner has relinquished all right, title, claim and possession, with the intention of not reclaiming it or resuming its ownership, possession, or enjoyment.
(b) “Abandoned structure.” Any building, either constructed or in a partially constructed state, which is permitted to remain uninhabitable/uninhabited for a period of at least six months. Examples of elements which shall determine whether or not a structure has been abandoned are any of the following conditions, but such determination shall not necessarily be controlled by these illustrations: premises where a structure is located and windows or doors are broken; or nonworking or disconnected utilities; or where trash is permitted to accumulate; or where grass and weeds are permitted to grow without being mowed; or where further construction is needed to make such premises habitable; or where taxes remain unpaid on such a structure.
(c) “Blight.”
(1) A parcel that has one or more of the following conditions:
A. A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;
B. The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;
C. Tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid 35 days after notice to pay has been mailed.
(2) A parcel that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations:
A. Dilapidation and deterioration;
B. Age and obsolescence;
C. Inadequate provision for ventilation, light, air, sanitation, or open spaces;
D. Unsafe and unsanitary conditions;
E. Hazards that endanger lives or properties by fire or other causes;
F. Noncompliance with building, housing, or other codes;
G. Nonworking or disconnected utilities;
H. Is vacant or contains an abandoned structure;
I. Excessive dwelling unit density;
J. Is located in an area of defective or inadequate street layout;
K. Overcrowding of buildings on the land;
L. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
M. Vermin infestation;
N. Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
O. Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
P. Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.
(d) “Deterioration.” The condition or appearance characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect or lack of maintenance.
(e) “Mixed occupancy.” Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
(f) “Nuisance.”
(1) Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the state or ordinances of the city;
(2) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter; and
(4) Fire hazards.
(g) “Owner.”
(1) Any person who, alone or jointly or severally with others, has legal or equitable title to any premises, with or without accompanying actual possession thereof, or has charge, care or control of any dwelling or dwelling unit, as an owner or an agent of the owner, or as a fiduciary, including but not limited to the executor, the administrator, the trustee, the receiver or the guardian of the estate or as a mortgagee in possession, regardless of how the possession was obtained.
(2) Any real estate company, firm, corporation, broker or salesman having a listing agreement with the owner of real property for the purpose of the sale of the same, and not having an additional contractual agreement, oral or written, to manage or maintain the same during the continuance of the listing agreement, is specifically exempted from this definition, and does not fall within the purview of § 1490.09 establishing maintenance responsibility.
(h) “Premises.” A lot, plot or parcel of land, including the buildings or structures thereon.
(i) “Refuse.” All putrescible and nonputrescible solid waste, except body waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
(Ord. 23-89, passed 9-5-1989; Ord. 10-2023, passed 2-5-2024)
It is hereby found and determined that there exist in the city various structures, including outside areas immediately contiguous thereto, which are, or may become in the future, deteriorated or defective with respect to exterior maintenance. It is further found and determined that certain conditions, including but not limited to structural deterioration, lack of maintenance of the exterior of premises, lack of maintenance of a satisfactory appearance of premises, and the existence of exterior fire hazards and unsanitary conditions, constitute an immediate threat to the health, safety, welfare and reasonable comfort of the residents and inhabitants of the city. It is further found and determined that, by reason of lack of maintenance and progressive deterioration, the exterior appearance of certain properties has the further effect of creating blighting conditions and initiating depressed neighborhood groupings, and that if the same is not curtailed and corrected, the conditions are likely to grow, spread and necessitate, in time, the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, the growth of the blight may be prevented and the immediate neighborhood and property values thereby maintained.
(Ord. 23-89, passed 9-5-1989; Ord. 10-2023, passed 2-5-2024)
A residential, nonresidential or mixed occupancy building, and the land on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy, shall be in compliance with the provisions of this chapter, whether or not the building shall have been constructed, altered or repaired before or after the enactment of this chapter, and without regard to any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities, prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building. Where there is a mixed occupancy, residential or nonresidential use therein, the same shall be nevertheless regulated by and subject to the provisions of this chapter.
(Ord. 23-89, passed 9-5-1989)
In any case where a provision of this chapter imposes a higher standard than that set forth in any other ordinance of the city or law of the state, the standard set forth herein shall prevail, but if a provision of this chapter imposes a lower standard than that imposed by any other ordinance of the city or law of the state, then the higher standard contained in any such other ordinance or law shall prevail.
(Ord. 23-89, passed 9-5-1989)
To implement the purposes and requirements of this chapter, there is hereby created the Exterior Property Maintenance Appeals Board, hereinafter referred to as the Board. The Board shall consist of three members: the Director of Finance and Public Record and two persons to be appointed by the Mayor. The appointed members shall have sufficient legal and/or technical training and background to enable them to hear appeals of alleged violations of this chapter and shall serve terms of three years. The Board shall organize and adopt rules for its own government, consistent with law or with any other ordinance of the city. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public, and the Board shall keep minutes of its proceedings.
(Ord. 23-89, passed 9-5-1989)
(a) The Mayor and/or his or her designee shall enforce the provisions of this chapter as set forth herein.
(1) Inspection. All buildings and premises within the city are subject to exterior inspections from time to time by the Mayor and/or his or her designee.
(2) Notice of violation.
A. Where a violation of any provision of this chapter is found to exist, the Mayor and/or his or her designee shall cause a written notice of the violation to be served upon the person responsible for the correction thereof. The notice shall specify the violation committed and shall provide for a reasonable period of time, not more than 60 days, to correct or abate the violation. In the event that weather is a major consideration in correcting or abating a violation, the Mayor and/or his or her designee may extend the time set out herein to not more than 60 days immediately following the occurrence of appropriate weather conditions.
B. Notice may be served personally or by certified mail addressed to the last known address of the person to be served, or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation.
C. In the absence of an appeal, as provided below, completion of notice and failure to comply shall constitute a final order as to these administrative proceedings.
(3) Appeal.
A. Within ten days of the date of service of the notice of violation, any person affected by the notice may request a hearing thereon before the Zoning Board of Appeals by filing a written request with the Chairperson of the Board. The Chairperson of the Board, upon receipt of the request, shall, within 30 days therefrom, and upon five days' notice to the party and the Mayor and/or his or her designee, set the matter down for hearing. The Board may sustain, modify or dismiss, in whole or in part, any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations, and the order shall be a final order as to these administrative proceedings; provided, however, that any order of modification or dismissal shall be effective for two years following the date of issuance of the order, and thereafter the subject of the order of modification or dismissal may be amendable to further inspection, notice and appeal as set forth herein.
B. The Zoning Board of Appeals shall consider only the following in determining appropriate action to be taken:
1. Any modification of the original order of the Mayor and/or his or her designee shall not, in any material way alter the standards of this chapter and shall not affect detrimentally the health or safety of occupants or the health, safety and welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and
2. Strict enforcement would constitute an undue and unnecessary hardship on the owner, manager or resident by reason of compelling an expenditure for repair of the premises which would be substantially disproportionate to any benefit to health, safety or welfare of the community that might be derived therefrom.
(b) No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, manager or resident from complying with any such provision, nor any official of the city from enforcing any such other provision.
(Ord. 23-89, passed 9-5-1989; Ord. 26-2008, passed 8-4-2008)
(a) The owner and manager of every single or multiple-unit structure within the city shall be responsible for maintaining the exterior surfaces of the same in conformity with the provisions of this chapter.
(b) The owner and manager of every multiple-unit structure within the city shall be responsible for maintaining the outside area contiguous thereto in conformity with the provisions of § 1490.14.
(c) The owner, manager and any adult resident of a single-dwelling structure within the city shall be responsible for maintaining the outside area immediately contiguous thereto to conformity with the provisions of § 1490.14.
(d) Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities imposed herein upon the owner and manager, as differentiated from those of the residents, shall not be altered or affected by an agreement or contract by and between any of the aforesaid, or between them and other parties.
(Ord. 23-89, passed 9-5-1989; Ord. 26-2008, passed 8-4-2008; Ord. 10-2023, passed 2-5-2024)
(a) The exterior surfaces of all structures within the city, be the same functional or aesthetic, shall be maintained in good repair. Any exterior part or feature thereof having functional use shall be capable of performing the use for which the part or feature was designed.
(b) The entire outside area contiguous to all structures within the city, extending from the area immediately adjacent to the structure up to and including the lot line in all directions, shall be maintained in a safe, clean, sanitary, and blight free condition. No junk motor vehicle shall be parked thereon. A junk motor vehicle is a vehicle that meets any of the following criteria and has remained in such condition for a continuous period of 14 days.
(1) Apparently inoperable;
(2) Does not display a valid license plate;
(3) Partially damaged and/or wrecked including but not limited to any of the following: missing wheels, tires, engine, transmission, or other mechanical parts;
(4) Partially dismantled or discarded condition.
(Ord. 23-89, passed 9-5-1989; Ord. 26-2008, passed 8-4-2008; Ord. 31-2023, passed 12-18-2023; Ord. 10-2023, passed 2-5-2024)
(a) All exterior surfaces of every structure within the city shall be maintained so as to resist decay or deterioration from any naturally occurring cause. All exterior surfaces shall be covered with paint, finish or other surface coating so as to prevent the decay or deterioration. An exterior wall segment, facing or other distinguishable surface area determined by the Mayor and/or his or her designee to have more than 25% of its total area bare, peeling, flaking, pitted, corroded or otherwise deteriorated shall be surface-coated in its entirety. If the surface to be coated is a portion of a larger structure, each surface coating shall be compatible in color, texture and design with the entire structure. If the entire exterior surface of a structure is to be surface-coated, the surface coating shall be compatible in color, texture and design with similar structures in the immediate neighborhood.
(b) All deteriorated or decayed exterior walls, doors, porches, floors, steps, railings or parts of feature thereof shall be repaired or replaced.
(c) All damaged or broken windows, and deteriorated or decayed sills, sashes, moldings, lintels, frames or trim thereof, shall be repaired or replaced.
(Ord. 23-89, passed 9-5-1989; Ord. 26-2008, passed 8-4-2008)
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