(a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition and free of garbage, junk, disabled vehicles and rubbish. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(1) Vegetation. All land shall be properly maintained, with lawns, hedges, bushes, tree lawns, trees and other vegetation to be trimmed and kept from becoming overgrown and unsightly. Leaves shall be raked and disposed of to avoid unreasonable accumulation where such leaves are exposed to public view or where they may constitute a blighting influence on adjoining property.
(2) Driveways, walks and tree lawns. All driveways, walkways and tree lawns shall be kept in a proper state of repair and maintained free of hazardous conditions. For the purposes of this chapter, the words "exterior property" and "premises" shall include the strip of land sometimes referred to as the park lawn or tree lawn (i.e. the portion of a right-of-way between the curb, or the paved street if there is no curb, and the sidewalk) and any other unpaved portion of a right-of-way which abuts property of an owner. Accordingly, the owner shall be responsible for causing such unpaved right-of-way to comply with the maintenance requirements of this chapter.
(b) Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, with the exception of water retention areas and reservoirs approved by the Code Official. Every person owning or having possession, charge or control of any cellar, excavation, yard, court, lot or area where water stands or accumulates shall drain the same or cause the same to be drained. Any pool or fountain shall be drained as needed so that the water does not become stagnant.
(c) Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Section 1482.11
(j).
(1) Public sidewalks to be cleaned of ice and snow. It shall be the duty of the owner, or of the occupant (if he or she shall be a person other than the owner) of each and every parcel of real estate in the City abutting upon any public sidewalk to keep the public sidewalk abutting his or her premises free and clear of snow and ice, and to remove all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after the abatement of any storm during which snow and ice may have accumulated.
(d) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches and shall be cut in accordance with division (d)(3) of this section regardless of height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided, however, that this term shall not include cultivated flowers and gardens.
(1) Large lots. All lots within the City of Vandalia having an area of one acre or greater shall be kept mowed a distance of at least 50 feet from all property lines and street rights-of-way or easements given for roadway purposes. The entire lot shall be kept mowed for lots with an area less than one acre. In either case, the area between the right-of-way and the edge of the pavement shall also be maintained in accordance with this section.
(2) Lots in subdivisions. Lots within the limits of active subdivisions shall meet the requirements of the subdivision regulations. Upon completion of the subdivision, as determined by release of all performance and maintenance bonds, said lot shall meet the requirements of this Code.
(3) Cutting and destruction of noxious weeds. Council shall, annually, cause a notice to be published in a newspaper of general circulation within the City, stating that noxious weeds are growing on lands within the limits of the City. Such notice shall not be required to describe the lands or to specify the name of the owner of such property. However, such notice shall constitute notice to any owner, lessee, agent or tenant having charge of any land upon which noxious weeds are grown that the same must be cut and destroyed within five days after such publication. Such notice shall further specify that such weeds shall be cut every thirty days thereafter without further notice or publication in order to prevent spreading or maturing of weeds. Such notice shall be published one time in order to constitute notice hereunder.
(4) Failure to comply. When any person, being the owner, lessee, agent or tenant having charge of the lands mentioned in division (a) of this section, fails to comply with the notice set forth in such publication, Council shall cause such noxious weeds to be cut and destroyed and may employ the necessary labor to perform such task. The cost for contracted mowing services and administrative fees shall be paid by the owner at a rate of two hundred dollars ($200.00) per hour for these services. All expenses incurred shall, when approved by Council, be paid out of any money in the City Treasury not otherwise appropriated. Council shall make a written return to the Auditor of Montgomery County with a statement of the charges for services in cutting such weeds, together with a proper description of the premises. Such amounts shall be entered upon the tax duplicate, shall constitute a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the City with the General Fund. The remedy provided for in this division is in addition to the penalty provided in division (d)(5) of this section.
(5) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(e) Vermin Harborage. All structures and exterior property shall be kept free from vermin infestation. Where vermin are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(f) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(g) Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(h) Motor Vehicles. Except as provided for in other regulations, no unregistered vehicles shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, except that a vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(i) Trimming or Removal of Trees, Plants and Shrubbery. The owner of every lot or parcel of land within the City upon which a tree, plant or shrubbery stands with any part thereof upon or overhanging a public street or sidewalk shall conform to the regulations herein provided, or the City may cause such tree, plant or shrubbery to be trimmed or cut down and removed and assess the cost thereof against the owner of such lot or parcel of land.
(1) Clear height. Such owner shall trim or cause to be trimmed any tree, plant or shrubbery so that a clear height between the lowest branch of the same and the street or sidewalk shall be eight feet over a sidewalk and tree lawn and twelve feet over the curb and street.
(2) Dead trees. Such owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or any part thereof, so that the same shall not fall to the street or sidewalk.
(3) Visibility. Such owner shall cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles or pedestrians using the street or sidewalk.
(4) Failure to comply. If the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with this section, the Code Official may cause such tree, plant or shrubbery, or any part thereof, to be trimmed or removed. 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 his or her last known address, to pay the cost of such trimming or removal. Such notice shall be accompanied by a statement of the amount of cost incurred, and if the same is not paid within 30 days after the mailing of such notice, the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected. The remedy provided for in this division is in addition to the penalty provided in division (i)(5) of this section.
(5) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(j) Storage of Junk, Disabled Vehicles and Rubbish on Premises. No person shall deposit, store, maintain or collect junk, a disabled motor vehicle and/or rubbish outside of a building within the limits of the City. Such acts are hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the people of the City. The provisions of this subsection shall not apply to the deposit, storage, maintenance or collection of junk, disabled motor vehicles and/or rubbish in an enclosed building, or in any area of the City in which the same is permitted by City ordinances.
(1) Definitions. As used in this subsection, the following words shall have the meanings set forth herein:
A. Junk: Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use, and shall include but not be limited to apparently inoperable appliances and electronics, broken furniture and mattresses. Any article of material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk. Council has determined that junk on property constitutes a public nuisance because it harbors rodents, vermin, and other pests; attracts children to enter upon the property; and diminishes neighboring property values.
B. Disabled motor vehicle: Any motor vehicle that meets all of the following criteria: (1) Three model years old, or older; (2) Apparently inoperable; (3) Extensively damaged, including, but not limited to, any of the following: missing wheels, tires, engine, or transmission. Portions of disabled motor vehicles, including, but not limited to, hoods, fenders, radiators, rims or motor parts not being utilized for the repair of a motor vehicle shall be considered junk. Council has determined that disabled motor vehicles are a public nuisance because: they harbor rodents, vermin, and other pests; they contain toxic substances and flammable liquids and fumes; they attract children to enter; they serve as temporary abode for derelicts, vagrants and criminals; they diminish neighboring property values; and they are likely to be damaged by vandals or set ablaze by arsonists.
C. Rubbish: Includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or woodenware, hoses, rags, dead weeds, stumps, tree trunks, brush, paper circulars, handbills, boots, shoes, ashes, metal, discarded parts and equipment or any waste material other than garbage or offal. Council has determined that rubbish on property constitutes a public nuisance because it harbors rodents, vermin, and other pests; poses potential health hazards; and diminishes neighboring property values.
(2) Notice to remove. The owner, occupant or person having charge or management of any lot or parcel of land situated within the City, whether improved or unimproved, vacant or occupied, shall, within the time set forth in the notice, which shall not be less than ten days of service of the notice for junk or rubbish, or less than fourteen days for disabled vehicles, remove or cause to be removed any junk, disabled motor vehicle and/or rubbish found upon any such lot or parcel of land. Notice shall be served as provided in Section 1482.23.
(3) Noncompliance. If the owner, occupant or person having charge or management of any lot or parcel of land does not remove or cause to be removed such junk, disabled motor vehicle and/or rubbish in accordance with the provisions of this subsection, then after the applicable appeal period, the Code Official or his or her designee is hereby authorized to enter upon the property in order to enforce the provisions of this subsection and to cause such junk, disabled motor vehicle and/or rubbish to be removed.
(4) Remedy of City. Any and all expenses or costs, relating to abating any nuisance under this section shall be paid by the owner of such property except when such expenses or costs are incurred with respect to a government or school building owned by a governmental entity or political subdivision and are funded by Federal money. Such costs shall include the cost of abatement and include but not be limited to reasonable attorney’s fees, costs of inspection, administrative staff and support staff, court costs, title search fees, process server fees, and costs of collection or prosecution, including discovery and deposition expenses. The bill shall be mailed to the owner’s last known address. If a bill is not paid within thirty days, or if the name or address of the owner is not known, the Code Official may make a written return to the County Auditor of the action under this chapter, including a statement of the costs of the abatement services and a description of the property sufficient to allow the costs to become a lien on the property. If the Code Official makes a return to the County Auditors, then the lien on the property shall be collected in the same manner as other taxes and returned to the City general fund in accordance with Ohio R.C. Chapter 731. The collection of expenses of removal by the City shall not be a bar to a prosecution for a violation of this section or to imposition of the penalty provided in paragraph (j)(5) hereof.
(5) Penalty. Whoever violates this subsection is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(6) Emergency Situation. If the nuisance presents an imminent threat to public health, immediately abate the nuisance without notice, and bill the owner for the costs of any abatement.
(Ord. 00-03. Passed 5-15-00; Ord. 03-09. Passed 5-19-03; Ord. 08-07. Passed 5-12-08; Ord. 16-31. Passed 10-17-16; Ord. 22-11. Passed 4-4-22.)