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(A) Scope. The provisions of this subchapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
(B) Litter. No person within the city shall throw, discard, deposit or scatter upon any sidewalk, alley, street, bridge, public passageway, or other public thoroughfare, public park, public beach or upon any private property owned by another person, any garbage, debris, trash or any other waste product of any kind.
(C) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this subchapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
(Ord. 2006-01-243, §§ 154-56--154-57, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Ord. 2006-01-243, § 154-58, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
(A) All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Owners or occupants of real property within the corporate limits of the city are hereby required to cut weeds, remove garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things: and eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition upon their real property.
(B) (1) It shall be unlawful for the owner or occupant of real property to permit the accumulation or development of weeds, garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things or conditions on real property within the city.
(2) Exception. This section of the Code of Ordinances does not apply to any motor vehicle held in conjunction with a business enterprise lawfully licensed by the city for the storage, servicing, or repair of motor vehicles so long as the property is located in the appropriate zone pursuant to the zoning ordinances of the city, and meets the other qualifications for such business enterprise as set out in the Code of Ordinances of the city.
(C) (1) All promises shall he graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. The dumping of tree cuttings, tree trunks, fill dirt and other appropriate fill material may be permitted to reclaim gullies and ravines upon application to, and approval by, the city planning commission under the following conditions:
(a) Written certification by the applicant that he is the legal owner of the property or that he has the written permission of the property owner.
(b) Access must be completely restricted to the applicant only.
(c) All material must lie covered by fill dirt and smoothed over at intervals not to exceed two weeks.
(2) Failure to comply with the above conditions will be grounds for revocation of the permit and may result in the issuance of a citation pursuant to divisions (A) and above of this section.
(D) Sidewalks and driveways. All private sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(E) Weeds. Owners or occupants of real property contained within the City of Tontitown shall keep their property maintained free of unsightly weeds and plant growth as defined by § 154.006 of the Code of Ordinances for the City of Tontitown except that on all properties not located within platted subdivisions, not zoned residential, and which are being used primarily for agricultural purposes, the owner or occupant of said property shall not allow weeds or plant growth over 12 inches in height within 12 feet from any adjacent property located in a platted subdivision or which is zoned residential or is a city street right-of-way.
(F) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved process which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(G) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particular wastes directly upon abutting or adjacent public or private property or that of another tenant.
(H) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(Ord. 2006-01-243, §§ 154-59--154-65, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2013-03-413, passed 3-5-13; Am. Ord. 2016-08-592, passed 8-3-16)
Statutory reference:
Litter Control Act, see A.C. §§ 8-6-401 et seq.
Municipal authority regarding weeds, rubbish, unsanitary conditions generally, see A.C. §§ 14-54-901 et seq.
(A) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(B) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition.
(1) Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
(2) All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces bearing rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
(3) Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(C) Premises identification. Buildings shall have approved address markings in accordance with §§ 152.235 et seq. of the Tontitown Code of Ordinances.
(D) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(E) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(F) Exterior walls. All exterior walls shall be free of holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration.
(G) Roofs and drainage.
(1) The roof and flashing shall be sound, tight and not have defects that admit rain.
(2) Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.
(3) Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.
(4) Roof water shall not be discharged in a manner that creates a public nuisance.
(H) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(I) Overhang extensions. All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(J) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(K) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(L) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(M) Windows, skylights, and door frames.
(1) Every window, skylight, and door frame shall be kept in sound condition, good repair and weather-tight. All glazing materials shall be maintained free from cracks and holes.
(2) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(3) Insect screens.
(a) Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 22mm) and every swinging door shall have a self-closing device in good working condition.
(b) Exception. Screens shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.
(N) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, room units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 154.116(C).
(O) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(P) Rodent prevention for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(Ord. 2006-01-243, §§ 154-68--154-84, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
(A) Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(B) Windows. Operable windows located in whole or in part within six feet (1,828mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with window-sash locking devices.
(C) Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
(Ord. 2006-01-243, §§ 154-85--154-85.2, passed 1-3-06; Am. Ord. 2011-12-384, passed 12-6-11; Am. Ord. 2016-08-592, passed 8-3-16)
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