(a) Scope. This chapter is strictly limited to the establishment of minimum standards for the maintenance of exterior surfaces and exterior functioning units of all commercial and residential structures, buildings and uses within the Village, including yard areas immediately contiguous thereto. No provisions of this chapter shall, in any way, directly or indirectly, be interpreted to interfere with, or to limit the right of, any owner or resident to inhabit real property owned or leased by them in such manner and form as they may determine appropriate, consistent with other applicable provisions of law. This chapter is directed to obvious visual problems which may occasion incipient blighting conditions within the Village. All matters of the interior use, occupancy or habitation of any structure or building within the Village are specifically excluded from the provisions of this chapter.
(b) Purpose. The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and exterior condition of all premises and uses throughout the Village; to fix certain responsibilities and duties upon owners and residents of the same as to both separate and correlative responsibilities and duties; to authorize and establish procedures for the exterior inspection of such premises and uses; to fix penalties for the violations of this section; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use. This chapter is hereby declared to be remedial and essential for the public interest, and it is intended that this chapter is construed and interpreted to effectuate the purposes as stated herein.
(c) Applicability. Every building, occupancy or use shall comply with the provisions of this chapter, whether or not such building or use 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 premises, for the construction or repair of the building or use, or for the installation or repair of equipment or facilities prior to the effective date of this section. This section 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.
(d) Maintenance of Exterior of Premises. The exterior of the premises and the exterior of all structures thereon shall be kept free of all nuisances, unsanitary conditions and hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include, but are not limited to, the following:
(1) Refuse. An accumulation of brush, broken glass, stumps and roots that present a safety hazard, as well as garbage, trash and debris which present an unsanitary and/or safety hazard.
(2) Natural Growth. Dead trees and limbs or other natural growth which by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof.
(3) Overhangings and awnings. Loose and overhanging objects, which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
(4) Sources of infestation. The permitting of any premises to become infested with vermin or rodents is hereby declared to be a nuisance and unlawful. No owner, occupant or person in charge or control of any premises shall cause or knowingly permit such premises to become or remain infested with vermin or rodents.
(5) Foundation walls. Exterior foundation walls shall be free from holes, defects and damage.
(6) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and such as to capably perform at times the functions for which they were designed and to withstand any wind forces to which they may be subjected.
(7) Gutters and downspouts. Rusted, broken, or damaged gutters and downspouts shall be promptly repaired, replaced, or removed.
(8) Sidewalks. All sidewalks shall be kept in repair. Any grade separation greater than one inch (1 in.) on the surface of a sidewalk caused by cracks or settling shall be promptly replaced or repaired. Sidewalks, where surfaces are eroded or pitted to such an extent to cause a safety hazard to pedestrians, shall be repaired or replaced.
(10) Above ground pools. Above ground pools shall be drained and/or covered or taken down when not in use during the off-season or for any other extended period of time so as not to create a breeding ground for mosquitoes or other nuisance.
(e) Appearance of Exterior of Premises and Structures. The exterior of the premises, the exterior of structures, the exterior or dwelling structures, and the condition of accessory structures shall be maintained by each owner or operator so that the appearance of the premises and all buildings thereon does not constitute a nuisance.
(1) Residential. To effect the purposes of this section, the owner or operator of the premises shall use, maintain, or refrain from using the premises and all buildings thereon, as the case may be, as follows:
A. Storage of commercial or industrial materials or waste. There shall not be stored or used, equipment and/or materials relating to commercial or industrial uses or wastes unless permitted under the Zoning Code for the premises.
B. General Maintenance. The exterior of every structure, including porches and steps, or an accessory structure, including fences shall be maintained in good repair. The same shall be maintained free of broken windows, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated.
(2) Nonresidential. To effect the purposes of this section, the owner or operator of the premises shall use, maintain, or refrain from using the premises and all buildings thereon, as the case may be, as follows:
A. Signs and billboards. All permanent signs and billboards exposed to pubic view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have weathered or faded shall, with their supporting members, be removed forthwith or put into a good state of repair. All broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
B. Store fronts. All store fronts shall be kept in good repair, and shall not constitute a safety hazard or nuisance. Any cornice visible above a store front shall be kept in good repair.
C. Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, with their supporting members, be removed forthwith. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
D. Storage of industrial and commercial materials or waste, and motor vehicle equipment. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment, materials, waste, or motor vehicle equipment relating to commercial or industrial uses unless expressly permitted under the Zoning Code.
(f) Structural Soundness and General Maintenance; Exterior Residential and Non-Residential. Every owner or operator shall maintain the exterior of every structure or accessory structure free of nuisances.
To effect the purposes of this section, the owner or operator shall use, maintain or refrain from using the premises and all buildings thereon, as the case may be, as follows:
(1) Surfaces. All surfaces shall be maintained free of broken windows, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance.
(2) Exterior walls, sidings and roofs. Exterior walls, sidings, and roofs shall be kept structurally sound, in good repair and free from defects. All exterior walls that have been painted or sided and have lost a minimum of fifty percent (50%) of their paint or siding must be repainted, repaired or restored in its entirety.
(3) Damaged materials. Damaged materials shall be repaired or replaced.
(4) Rotted or corroded materials. Materials showing signs of rot, deterioration or excessive corrosion shall be repaired, restored and protected.
(g) Freedom from Infestation. No owner or operator of any premises or building thereon shall maintain the exterior parts of the premises or building to permit the infestation of insects or rodents.
(h) Nuisance. Any violation of this section shall be deemed a nuisance.
(i) Definitions.
(1) "Common Area" for the purposes of this chapter shall be defined as an area in or upon or part of a rental property which may be used by more than one tenant.
(2) "Owner" for the purposes of this chapter shall be defined as the person listed on the county auditor's tax records as the owner of a parcel.
(3) "Rental Agreement" for the purposes of this chapter shall mean any agreement or lease, written or oral which entitles a tenant to use and occupy a premises.
(4) "Rental Property" for the purposes of this chapter shall mean any property which is occupied by one or more tenant.
(5) "Tenant" for the purposes of this chapter shall mean a person entitled under a rental agreement to the exclusive use and occupancy of a premises.
(Ord. 2009-O-7. Passed 5-11-09.)