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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)
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