1323.05   EXTERIOR PROPERTY AREAS.
   (a)   Exterior Premises.
      (1)   Exterior premises shall be maintained so that the appearance of the premises shall reflect a level of maintenance in keeping with the standards of the immediate neighborhood so that the appearance of the premises shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the immediate neighborhood, with the accompanying diminution of property values.
      (2)   The exterior premises shall be maintained in a clean and sanitary condition, and free from any accumulation of rubbish, garbage and the following:
         A.   Broken or dilapidated fences, walls or other structures.
         B.   Out of use or non-usable appliances.
         C.   Broken, dilapidated, or unusable furniture, mattresses, or other household furnishings.
         D.   Miscellaneous materials, paints, coverings or junk, including, but not limited to, those items described in this section.
         E.   Any accumulation of scrap, building materials storage, or refuse (bottles, cans, paper, clothing, glass, oil, etc).
         F.   New or used tires for or from automobiles, trucks, tractors, recreational vehicles or trailers.
   (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, excepting water retention areas and reservoirs approved by the Building Inspector.
   (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.
   (d)   Rat Harborage. All structures and exterior property shall be kept from rat infestation. Where rats 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.
   (e)   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.
   (f)   Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
   (g)   Motor Vehicles. No improperly licensed, unlicensed or inoperable motor vehicle shall be parked, kept or stored outside on any premises for more than seven days, 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 vehicles of any type are 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.
   (h)   Offensive Weeds and Grass; Cutting Required.
      (1)   "Offensive weeds or grass" shall mean weeds or grass that have attained a height of six inches or more.
      (2)   No person, firm or corporation, whether as owner, occupant, lessee, agent, or tenant, having charge or care of any lot or land within the City, shall permit offensive weeds or grass to grow thereon, and shall cut down and remove from the lot or land all offensive weeds and grass. It is a prima-facie violation of this section if offensive weeds or grass exist on any lot or land within the City at any time between March 1 and October 31 of any calendar year.
      (3)   The City Manager may cause offensive weeds or grass to be mowed and collect the cost of such mowing from the offender at any time after notice has been provided under paragraph (i)(2) hereof to the owner, occupant, or other person, firm, or corporation having charge of the lot or land.
      (4)   Any portion of land that is undeveloped and that is actively being farmed for agricultural purposes is excluded from the cutting provisions of paragraph (h)(2) hereof, so long as the land remains cultivated and crops are growing on the land. Any portion of land not being farmed or cultivated with crops growing on the land must be mowed at any point within 100 feet where such property abuts upon public or private property in the City.
      (5)   Any vacant lot or land that is not being used as provided in paragraph (h)(4) hereof, but that was last used for agricultural purposes, is excluded from the cutting provisions of paragraph (h)(2) hereof, except that a 100-foot wide strip must be mowed at any point where such property abuts upon public or private property in the City. The time of cutting such weeds or grass in such 100-foot strip shall be the same as in paragraph (h)(2) hereof. This subsection shall not apply to land that is completely surrounded by public or private property in the City. Such land shall be mowed as provided in paragraph (h)(2) hereof.
      (6)   Any person, firm or corporation who violates paragraphs (h)(2) or (h)(5) hereof three times or more in any calendar year is guilty of a minor misdemeanor for the third violation and for each succeeding violation. A separate offense shall be deemed committed each day during or on which noncompliance occurs or continues. The penalty shall be as provided in Section 698.02, except that the first twenty-five dollars ($25.00) of the fine for such noncompliance shall not be suspended. Prior to filing charges against the violator under this section, the City Manager or his designee shall cause written notice to be served upon the owner or occupant, or any other person, firm, or corporation, whether lessee, agent, or tenant, having charge or care of the lot of land, stating whoever fails to cut and remove all offensive weeds or grass within four days after service of such notice is guilty of a minor misdemeanor. Service of notice shall be by certified mail.
      (7)   No person shall place or cause grass clippings to be blown into any City street or alley.
   (i)   Notice to Destroy Offensive Weeds or Grass.
      (1)   The City Manager or his designee shall determine when any lots and land in the City contain offensive weeds or grass, as defined in paragraph (h)(1) hereof.
      (2)   The City Manager or his designee shall cause written notice to be served upon the owner or occupant, or any other person, firm, or corporation, whether lessee, agent, or tenant, having charge or care of the lot or land, ordering the cutting and removal of such offensive weeds or grass within four days after service of such notice. Such written notice shall serve as notice for the remainder of that year to cut and remove all offensive weeds or grass from March 1 though October 31 of that year.
      (3)   Except as otherwise provided in paragraph (h)(6) above, service of the notice described in paragraph (i)(2) hereof, may be by proof of mailing to the mailing address listed by the Huron County Auditor's tax lists; by personal service by posting at the subject lot or parcel of land; or, by publishing such notice once in a newspaper of general circulation in the City.
      (4)   Notice to owners of parcels of land which contain no buildings, and/or owners of properties which contain buildings or structures that are unoccupied, shall be by the annual publication only. One time per calendar year, the City Manager shall cause an annual notice to be published in a newspaper of general circulation in the City notifying the public of the requirement to maintain their property in a manner free from offensive weeds or grass. Owners of parcels described herein shall not be required to be served with the written notice as provided for in paragraph (i)(2) hereof.
      (5)   Only one written notice as described in paragraph (i)(2) hereof is required per year for any lot or parcel of land. If, after a notice has been served in accordance with paragraph (i)(3) hereof, the City Manager or his designee determines that a subsequent violation has occurred, the City Manager or his designee shall cause the offensive weeds or grass to be cut, and shall collect the City's costs and expenses incurred as set forth in subsection (j) hereof.
   (j)   City's Remedy for Costs. The Finance Director shall make a written return to the County Auditor of the City's action under paragraph (i)(5) hereof with a statement of the charges for services, the amount paid for labor, the fees of the officers serving such notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and returned to the City with the General Fund.
(Ord. 4658. Passed 8-17-98; Ord. 5087. Passed 2-2-04; Ord. 5658-17. Passed 4-3-17; Ord. 5860-20. Passed 9-8-20.)