(A) Causes of blight or blighting factors. It is hereby determined that the uses, structures and activities and causes of blight or blighting factors described herein, if allowed to exist, will tend to result in blighted and undesirable neighborhoods so as to be harmful to the public welfare; health and safety. The purpose of this section is to protect the character and stability of the properties within the city and to avoid blight and blighted conditions. The owner and occupant shall comply with the regulations contained herein.
(B) Exterior property areas; vacant properties.
(1) Sanitation. All exterior property areas and vacant areas shall be maintained in a clean and sanitary condition, safe and free from any hazard or dangerous conditions, and free from any accumulation of refuse or garbage.
(2) Free from noxious weeds and pests. All exterior property areas and vacant areas shall be kept free from species of weeds or plant growth, rodents, vermin or other pests which are noxious or detrimental to the public welfare.
(3) Junk automobiles.
(a) In any area not zoned for junkyards or salvage yards, the storage of junk automobiles is prohibited.
(b) For the purpose of this section, the term JUNK AUTOMOBILES shall include any motor vehicle, part of a motor vehicle, or former motor vehicles stored in the open, which is not currently licensed for use upon the highways of the state and is either:
1. Unusable or inoperable because of lack of, or defects in component parts;
2. Unusable or inoperable because of damage from collision, deterioration, or having been cannibalized;
3. Beyond repair and therefore not intended for future use as a motor vehicle; or
4. Being retained on the property for possible use of salvageable parts.
(b) This regulation is in addition to any zoning regulations.
(C) Exterior of structures.
(1) The exterior of all structures and accessory structures including detached garages, shall be maintained in a workmanlike state of maintenance and repair.
(2) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or substantial amounts of peeling paint.
(3) All doors and windows shall be maintained in good repair, fit reasonably well within their frames and be free of open breaks or holes.
(D) Interior areas of structures, including residential dwellings.
(1) The interior of every structure shall be maintained in clean and sanitary condition, free of accumulations of garbage and refuse.
(2) The interior of every structure shall be maintained free from infestation of noxious insects, rodents and other pests.
(3) All plumbing systems shall be properly installed, connected and maintained in good working order, and must be kept free from obstructions, leaks and defects.
(4) The storage of excessive or unreasonable amounts of hazardous, flammable liquids shall be prohibited in areas not zoned for the use.
(E) Vacated structures; vacant properties. The owner of any dwelling which is unfit for human habitation, as determined by the enforcement officer in good faith, and the owner of any structure which has been vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public, and does not constitute a public nuisance. Any such structure open at doors and windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public, and a public nuisance within the meaning of this chapter. The owner of the vacant property shall make said lands safe and secure by barricading or fencing the property or the like, or by placing the lands in their natural unimproved condition and removing all dangerous conditions. Upon failure of the owner to comply, the city may have the structure or vacant property made safe and secure or remove the dangerous condition, and assess the cost to the owner by certifying such cost to the County Auditor as a special assessment against the property involved.
(F) Enforcement officer. The health and safety officer of the city is appointed as the enforcement officer and it is the enforcement officer’s duty to enforce the provisions of this chapter.
(G) Inspection of structures, vacant properties; generally. The enforcement officer shall be authorized to make or cause to be made inspections to determine the condition of structures and premises and vacant properties in order to safeguard the health, safety and welfare of the public. The enforcement officer, or his or her designated representatives, shall be authorized to inspect any vacant areas and the exterior areas of any structures at any reasonable time for the purpose of performing his or her duties under this chapter. If the owner, operator or person in possession of the structure shall refuse to consent to the inspection, and there is probable cause to believe that a violation exists on that particular premises, a search warrant may be obtained.
(H) Compliance order. Whenever the enforcement officer determines that any structure or the premises fail to meet the provisions of this chapter, the enforcement officer may issue a compliance order setting forth the violations of this chapter and ordering the owner, occupant, operator or agent to correct the violations. The compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this chapter;
(3) Establish a time for the correction of the violation, which shall be at least ten days;
(4) Notify of ability to appeal to the City Council;
(5) Be served upon the violator, either the owner, occupant, operator or agent. The notice shall be deemed to be properly served upon the violator if a copy thereof is:
(a) Served upon him or her personally; or
(b) Sent by registered or certified mail to that person’s address or to the property address.
(I) Variance and appeals. Appeals of interpretation or requests for a variance shall be made in writing to the City Council, and shall be filed with the City Clerk’s office within three days after receipt of the compliance order. The City Council, in its discretion, may elect to hear appeals or requests for variance when made more than three days after the receipt of the compliance order, but the action by the City Council is completely discretionary, and shall not delay or prevent criminal prosecution or other enforcement actions, unless the City Council grants the appeal or grants the variance prior to the completion of the enforcement activities. The City Council may grant variances in instances where the strict enforcement of this chapter would cause undue hardship because of circumstances unique to the individual property under consideration and when it is demonstrated that the action will be in keeping with the spirit and intent of this chapter.
(Amended 6-26-2012)
(J) Enforcement and penalties. Violation of any provision of this chapter, and failure to comply with the notice provided by this chapter within the time allowed therein shall constitute a misdemeanor. Each day that a violation is allowed to exist shall constitute a separate offense. Further, the provisions of this chapter may be enforced by injunctive relief.
(1) Any weeds or grasses growing upon any lot or land within the city in which the weeds or grasses grow to a height greater than six inches, or which have gone or are about to go to seed, are a nuisance. The owner and occupant shall abate or prevent the nuisance on the property, and on the land outside the traveled portion of any street or alley abutting the property.
(2) The accumulation of garbage, refuse or other materials upon any lot or parcel of land within the city, exclusive of garbage, refuse or other materials placed in any containers for the purpose of garbage disposal is a nuisance. The owner and occupant of the property shall abate or prevent the nuisance upon the property and upon the land outside the traveled portion of any street or alley abutting the property.
(3) In the event that any of the nuisances described within this section occur within the city, the enforcement officer may give notice to the owner and occupant requiring the owner/occupant to abate the nuisance within ten days of receipt of the notice. Notice shall be served upon the owner/occupant personally, or sent by registered or certified mail to that person’s address or to the property address. Owners of property may be determined by any practicable means, including by the records of the County Auditor, which shall be deemed conclusive. If the nuisance is not abated within the time prescribed as set forth in the notice, unless good cause is shown by the owner or occupant for an additional period of time, the city may cause the weeds and grasses to be cut and removed at the expense of the owner and occupant, and may remove any garbage, refuse or other materials accumulated on the property at the expense of the owner and occupant and, if not paid, the charge for the work shall be a special assessment against the property concerned.
(Amended 6-2-1994)