No person may occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following.
(A) Fence maintenance. Fences may consist only of metal, wood, masonry, or other decay resistant material, maintained in good condition both in appearance and in structure, solely on the owner’s property, with all wood material other than decay resistant varieties with paint or other preservatives. Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, and repair is required if 25% or more of the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out. Posts and framework must face the owner’s property, with the finished material facing the street or adjacent property.
(B) Accessory structure maintenance. Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, the surface must be painted and repair is required. If 25% or more of the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out.
(C) Grading and drainage. Every yard, court, passageway, and other portions of the premises must be graded and drained so as to be free of standing water. Draining cannot impact neighboring properties as specified in § 154.177(H).
(D) Unit below grade. No space located more than four feet below grade may be used as a habitable room of a dwelling unless approved by the Building Official.
(E) Yard cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery, or related decorative materials and must be maintained. Once an area has been converted to turf grass, the land owner shall not allow the turf grass to exceed the height of six inches or be allowed to go to seed. No land owner may permit or maintain on the land any growth of weeds, grass, brush, or other rank vegetation to exceed the height of six inches, any accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the State Department of Agriculture. Gardens (pollinator, vegetable, flower, rock, and the like) are permitted types of yard cover, and must be maintained and not encroach on other property or the right-of-way.
(1) Any natural or native grass vegetation exceeding six inches shall not be any closer to a fire source than 25 feet.
(2) Setback requirements for surfaces covered by native vegetation and/or pollinator gardens shall be a minimum of three feet from a side yard property line. No vegetative growth greater than 12 inches in height five feet from any public roadway adjacent to the front yard, and for corner houses, a public roadway adjacent to the side yard.
(3) Exemptions; natural habitat.
(a) All private lands designated by the Council as natural habitat shall be exempt from this division (E).
(b) All public lands designated in the city’s Comprehensive Plan as natural habitat shall be exempt from this division (E).
(F) Composting. Composting is permitted only if:
(1) It is conducted in enclosed containers not over five feet in height with an aggregate volume of not more than 100 cubic feet, made of durable material such as wood, block, or sturdy metal fencing located at least five feet from lot lines and no closer than 20 feet from any habitable building, other than the resident’s own home, and no closer than two feet from any alley;
(2) Only organic yard materials, such as grass clippings, leaves, flowers, weeds, sawdust, wood ash, plant trimmings, straw, and commercial composting material, are put in the compost containers;
(3) No meat, bones, fat, oils, dairy products, or other kitchen wastes, whole branches, logs, plastics, synthetic fibers, human or pet wastes, or diseased plants are put in the containers; and
(4) Composting is managed to minimize odor and promote effective composition.
(G) Trees and brush. Trees and brush must be trimmed so as not to interfere with public walkway or right-of-way access or driving sightlines.
(H) Discontinuance of service or facilities. No owner, operator, or occupant may cause any service, facility, equipment, or utility required under this chapter to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations.
(I) Dumpsters. Dumpsters are permitted for no more than 120 days in a calendar year, or for the duration of an associated building permit, whichever is longer, and must be maintained in good repair and appearance. The height of the materials in the dumpster shall not exceed the height of the dumpster. No dumpster shall be placed closer than five feet from any side or rear property line.
(J) Flexible and compact dumpsters. A flexible dumpster or compact dumpster, as defined by the chapter, may be placed and used on a property subject to the following requirements.
(1) No liquid waste shall be placed into a flexible dumpster or compact dumpster for disposal. Only rubbish that is of a solid physical form or matter shall be placed or disposed into the flexible dumpster or compact dumpster, such as construction or demolition debris, discarded household goods or wares, cardboard or packaging waste, or the like.
(2) A flexible dumpster or compact dumpster shall not exceed a five cubic yard capacity.
(3) No flexible dumpster or compact dumpster shall be placed within the roadway surface of any street and shall be located behind the street curb. No flexible dumpster or compact dumpster shall be placed within or as to block any portion of a sidewalk, path, or trail.
(4) Flexible or compact dumpsters shall be placed no closer than five feet from any side or rear property line.
(5) No flexible dumpster or compact dumpster shall be placed within 15 feet of a water/fire hydrant.
(6) No flexible dumpster or compact dumpster shall remain on a property more than 14 days from the date it was placed outdoors at the property. The flexible dumpster or compact dumpster shall be collected by a waste hauler or otherwise removed within one week of the container being filled to its capacity.
(7) No more than two flexible or compact dumpsters shall be kept on any property at any one time, nor may any individual residential property keep such flexible dumpsters or compact dumpsters for more than 120 days in any calendar year.
(8) All rubbish shall be completely and securely placed within the container; no material shall be sticking out or exceeding above the top of the container sides. No rubbish placed in the container shall exceed outside the container beyond the plane of the street curb line. It is the responsibility of the property owner/occupant to ensure any refuse that falls or is blown out of the container is promptly collected/picked up and properly stored as any refuse is required to be stored.
(Prior Code, § 150.094) (Ord. 08-003, passed 4-22-2008; Ord. 2022-03, passed 5-24-2022; Ord. 2023-01, passed 7-11-2023) Penalty, see § 10.99