§ 150.023  ADDITIONAL PROPERTY MAINTENANCE STANDARDS.
   The following additional standards shall supplement the IPMC:
   (A)   Fence maintenance. Fences must be maintained in good condition both in appearance and in structure. Wood material, other than decay resistance varieties, must be protected against decay by use of paint or other preservatives.
   (B)   Retaining walls.
      (1)   Permit required. No person may erect or construct a retaining wall which is not a part of a building and which is 48 inches or more in height, without first obtaining a permit from the Building Official. No permit shall be required for any such retaining wall less than 48 inches unless:
         (a)   The wall contains footings;
         (b)   The wall is constructed in conjunction with or adjacent to a fence;
         (c)   The wall is intended to provide support for a structure; or
         (d)   The wall is constructed of solid masonry building material such as building block, cinder block, brick, stone, marble, granite, cement, concrete or material deemed similar by the Building Official. An applicant for the issuance of a permit may be required to furnish a plan or drawing showing the construction of the wall and containing such data as reasonably deemed necessary by the Building Official.
      (2)   Construction requirements. All retaining walls shall be designed according to the State Building Code. All masonry walls other than poured concrete or solid masonry units shall be protected with an approved coping. No retaining wall may be constructed in a manner so as to provide shelter for rodents.
      (3)   Retaining wall maintenance. Retaining walls must be maintained in a structurally sound, safe and secure manner. A retaining wall is deemed not in compliance with this section when it has substantially shifted or moved from its intended position, or it is no longer plumb.
      (4)   Encroachment into public property. No portion of any retaining wall may encroach upon or project into any street, boulevard, alley, park or other public property without the owner first obtaining approval from the City Council. The owner of any such retaining wall that projects or encroaches upon any public property must remove any part or all of the encroaching portions of the wall upon being ordered to do so by the City Council.
   (C)   Yard cover. Exposed areas surrounding or within a principal accessory use, including street boulevards that are not devoted to parking, driveways, sidewalks, patios or other such uses, must be landscaped with grass, shrubs, trees or other ornamental landscape material. The landscaping shall be maintained in good condition and free of noxious weeds.
   (D)   Driveways. All of the areas used for driveways and parking spaces must comply with § 153.347(D).
   (E)   Trash enclosures. Trash enclosures may not be located in the front or side yard adjacent to a street. All trash areas that are visible from any public right-of-way will be screened on all sides. Trash must not exceed the height of the screening. Required screening will be at least 95% opaque throughout the year, unless otherwise specified. Screening will be designed to be compatible with the architectural treatment of the principal building. All screening is subject to the regulations of § 153.381, governing fences. One or a combination of the following will satisfy the required screening:
      (1)   A decorative fence;
      (2)   A masonry wall;
      (3)   A hedge.
   (F)   Vegetation and landscaping. Vegetation must be installed according to §§ 153.031 and 153.032, and the site and building plan approval process. Installation and maintenance of all landscape materials must comply with the following standards:
      (1)   Areas to be landscaped must be prepared and improved as specified by current Minnesota Department of Transportation standards for soil preparation and drainage.
      (2)   All landscape materials must be installed to current industry standards.
      (3)   Maintenance and replacement of landscape materials will be the responsibility of the applicant or property owner, including the maintenance of any trees planted in the public right-of-way. An adequate water supply must be indicated in the site plan. Landscape maintenance should incorporate environmentally sound management practices, including the following:
         (a)   The use of water and energy efficient systems.
         (b)   Pruning primarily for plant health and replacing dead materials annually.
      Any tree, brush, or shrub that grows against any building or fence that represents a hazard to the structural integrity of the building or fence, must be removed or trimmed to prevent damage. Any trees, tree limbs, brush, or shrubs that are dead, damaged and hazardous will be deemed a public nuisance pursuant to Chapter 94 and may be abated.
(Ord. 15-08, passed 9-14-2015)