(A) Uncut weeds, grass, and unsanitary articles. All property owners and occupants within the municipal boundaries of the city are required to cut weeds and grass, remove garbage, rubbish and other unsanitary articles and things from their property, and to eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition which might become a breeding place for mosquitoes, flies, and germs harmful to the health of the community. For specific requirements related to the required maintenance of grass and weeds, refer to § 96.023(D).
(1) Authorized abatement. If the owner of any lot or other real property within the city shall neglect or refuse to remove, abate or eliminate any condition as may be provided for under division (A), after having been given a notice of violation with seven days’ notice in writing to do so by a Code Enforcement Officer, the city is hereby authorized to take such action is necessary to correct the condition, including but not limited to entering upon the property and having such weeds, rank grass or other vegetation cut and removed, or eliminating any unsanitary and unsightly condition, or causing necessary repairs to be made and charging the cost thereof to the owner of the premises, which shall constitute a lien thereon. The abovementioned seven days’ notice shall be calculated by counting the first day of the seven day period as the day after written notice is given to the owner, by counting every calendar day, including weekends and holidays, and by establishing the deadline to take the above required actions as 11:59 p.m. on the seventh day. The city reserves the right to secure a lien for its costs, including a priority clean-up lien pursuant to A.C. § 14-54-903.
(2) Special notice rules for weed lots. For the purpose of this section, a WEED LOT is a previously platted and subdivided lot that is vacant or upon which an unsafe and vacant structure is located and that contains debris, rubbish, or grass contrary to this chapter. Due to the continual growth cycle of vegetation on weed lots, continuous abatement is often necessary. Thus the seven day notice of violation described in division (A)(1) shall be issued with the following additional statement, “Work to abate this nuisance will not be complete until the end of the growing season.” No additional notice of violation need be given unless and until the growing season concludes and further abatement is necessary.
(B) Inoperable or wrecked motor vehicles and any parts thereof. The accumulation of inoperable or wrecked motor vehicles in the city is degrading to the environment, property values, and the aesthetic beauty of the city. Thus, the only location where an inoperable or wrecked motor vehicle, or any parts thereof, may be parked, kept, or stored within the city is in an approved storage area on property that is properly zoned and permitted for that purpose. The parking, keeping, or storing of inoperable or wrecked motor vehicles, or any parts thereof, at any other location, or unauthorized area thereon, in the city is declared to be a nuisance and may be cited for violation of § 96.023(H) and, if necessary, abated as provided in division (B)(1), below.
(1) Presumption of inoperability. A vehicle shall be deemed inoperable when one or more of the following conditions exist:
(a) It has not been moved for more than three days.
(b) One or more tires are flat.
(c) One or more wheels are missing.
(d) The hood or trunk is raised or missing and has appeared to remain so for more than three days.
(e) Weeds or grass have grown up around the vehicle.
(f) The engine is missing.
(g) The vehicle has no current vehicle tags or registration.
(h) The door or doors, fender or fenders are removed or missing.
(i) The front or rear windshield is broken, removed or missing, or the side windows are broken or removed or missing.
(2) Removal of inoperable motor vehicles near public streets. If an owner or occupant of the property within the city shall neglect or refuse to remove an inoperable motor vehicle that is parked, kept or stored near a public street without proper authority, a Code Enforcement Officer may cause the removal of the inoperable motor vehicle, provided that a notice of violation is affixed to the vehicle for a period of no less than three days which shall state that the vehicle is a nuisance and order the property owner, occupant, or whoever has an interest in the vehicle to remove it from the property. If the vehicle is found on private property with one or more occupiable structures, a copy of the notice shall additionally be placed on one of the structures. For purposes of this section a vehicle shall be deemed “near” a public street if it can be seen with the unaided eye from a public street.
(3) Removal of other inoperable motor vehicles. If an owner or occupant of property within the city shall neglect or refuse to remove an inoperable motor vehicle that is parked, kept or stored without proper authority but away from public streets, a Code Enforcement Officer may cause the removal of the inoperable motor vehicle, provided that a notice of violation is affixed to the vehicle for a period of no less than 30 days which shall state that the vehicle is a nuisance and order the property owner, occupant, or whoever has an interest in the vehicle to remove it from the property. If the vehicle is found on private property with one or more occupiable structures, a copy of the notice shall additionally be placed on one of the structures.
(C) Impediments to city streets, easements, or right-of-way. The city owns property rights throughout the jurisdiction of this chapter which are necessary to the efficient flow of traffic, storm water, utility service, and the like. Impediments to these property rights are declared to be a public nuisance as they reduce the public benefit of public property and can endanger the health and welfare of the citizens who use and depend upon these property rights. Code Enforcement Officers shall have the authority to order the immediate removal of any impediment to the use of public streets, sidewalks, drains, ditches, utilities, easements, or other right-of-ways. If the apparent owner of the impediment is not known, available, or willing to remove the impediment, a Code Enforcement Officer may cause the same to be removed. Any person who is aggrieved by the actions of a Code Enforcement Officer under this division may appeal the same pursuant to § 96.137.
(1) Special rules for basketball goals. Code Enforcement Officers and law enforcement officers shall have the authority to order the immediate removal of any permanent or temporary basketball goal (unless approved by the city) that is on any public street or on any right-of-way adjacent to a public street. If the apparent owner of the basketball goal is unknown, unavailable, or unwilling to remove the basketball goal, a Code Enforcement Officer or law enforcement officer may seize and remove it to a city storage site where it may be reclaimed by the owner. Any person who seeks to reclaim a basketball goal and offers proof of ownership (such as the testimony of a witness), may obtain custody of the goal after paying an administrative reclamation fee of $25 per goal. Any person who is aggrieved by the actions taken under this division may appeal the same pursuant to § 96.137.
(2) Shopping carts. Code Enforcement Officers shall have the authority to seize any shopping cart that is left unattended on any public streets, sidewalks, drains, ditches, utilities, easements, or other right-of ways. Any cart so seized shall be removed to a city storage site where it may be reclaimed by the owner. Any person seeking to reclaim a seized shopping cart and offering proof of ownership (such as a label on the shopping cart), may obtain custody of the shopping cart after paying an administrative reclamation fee of $25 per cart. Any person who is aggrieved by the actions of a Code Enforcement Officer under this division may appeal the same pursuant to § 96.137.
(3) Property deemed abandoned. Any property seized by the city pursuant to division (C) shall be deemed abandoned after 30 days and properly disposed of by the Code Enforcement Officer.
(D) Nuisance structures. Any building or other structure which is in such a dilapidated condition that it is unsafe or unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health and safety of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located shall constitute a nuisance.
(1) Definitions. For purposes of this subchapter, the following terms are defined as follows:
UNFIT STRUCTURE FOR HUMAN OCCUPANCY. A structure is UNFIT FOR HUMAN OCCUPANCY whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure to the public.
UNLAWFUL STRUCTURE. One found in whole or in part to be occupied by more persons than permitted under this chapter, or that was erected, altered or occupied contrary to law.
UNSAFE STRUCTURE. One that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial collapse is possible.
(2) Vacating of unfit or unsafe structures and utility services. Any premises declared as unsafe or unfit for human habitation by a Code Enforcement Officer Department and so designated by placard, shall be vacated within seven days after notice of such action has been given to both the owner and occupant of the building. On the eighth day after said notice the Code Enforcement Department shall notify all utilities to discontinue services to the dwelling or dwelling unit. After utility services are cut off no further services shall be made available until a rehabilitation permit is obtained or until the Director of Code Enforcement notifies utilities that services may be provided to the dwelling or dwelling unit.
(a) Placarding. Upon failure of the owner or person responsible to comply with the notice of violation for a nuisance structure or equipment within the time given, the Code Official shall then post on the premises or on defective equipment a placard bearing the word “NUISANCE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(b) Placard removal. The Code Official shall remove the placard referred to in this division whenever the defect or defects upon which the placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this chapter.
(3) Prohibited occupancy. Any person who shall occupy placarded premises and any owner or responsible person of placarded premises who allows another person to occupy such placarded premises shall be subject to the penalties provided by this chapter.
(4) Abatement. When warranted, Code Enforcement Officers may perform work to secure, abate and otherwise cause a nuisance structure to conform with this chapter and seek reimbursement for the cost thereof in the manner provided by law.
(5) Condemnation. When warranted, Code Enforcement Officers may initiate condemnation proceedings under § 96.135.
(Ord. 442, passed 3-19-12) Penalty, see § 96.999