Chapter 16.15
PROPERTY MAINTENANCE STANDARDS
Sections:
16.15.010 Scope.
In this chapter, unless otherwise provided, the terms “exterior premises” and “land” apply to all land, vacant or improved, located within the town. (Ord. 19-16 § 2, 2019)
16.15.020 Litter control.
A. Accumulation of Refuse, Debris and Litter Is Prohibited. Each owner, lessee, tenant, resident or occupant shall maintain all exterior premises and land so it is free of accumulated refuse, debris, litter or inoperable vehicles. This means contained or uncontained refuse, debris or litter that is present on a property in a manner not authorized by the town.
B. Accumulation of Refuse, Debris and Litter from a Construction Site Is Prohibited. It is unlawful for any property owner, agent, or contractor in charge of any construction or demolition site to cause, maintain or permit the accumulation of any refuse, debris or litter on the site before, during, or after completion of the project except in a designated contained area or to allow any such refuse, debris or litter to become windblown and carried or deposited upon any alley, street, public place or adjacent private property.
C. Dumping of Refuse, Debris and Litter Is Prohibited. No person shall throw, deposit or dump any refuse, debris or litter on any land, whether owned by such person or not, except that approved receptacles may be used for the collection and containment of such refuse, debris or litter, provided they are maintained in such a manner to prevent the refuse, debris or litter from becoming windblown and being carried about the area or deposited on any alley, street, public place or adjacent private property.
D. Failure to Provide Receptacles to Contain Refuse, Debris and Litter Is Prohibited. It is unlawful for any business, corporation, firm or person to fail to provide approved litter or trash receptacles for the containment of refuse, debris, litter and trash generated within or upon their premises or to allow refuse, debris, litter or trash from approved receptacles to become windblown and be carried about the area or deposited on any alley, street, public place or adjacent private property.
E. Burning of Refuse Is Prohibited. Except as specifically permitted by this or other adopted codes, the open burning or incineration of refuse is prohibited. (Ord. 19-16 § 2, 2019)
16.15.030 Care of premises.
All exterior premises and land shall be maintained in accordance with the following minimum standards so as not to create a public nuisance. All exterior premises and land area shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations, or dry vegetation which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.
A. Accumulation of Vegetation Prohibited. Each owner, lessee, tenant, resident or occupant shall maintain a premises or land so it is free of the accumulation or untended growth of vegetation. The “accumulation or untended growth of vegetation” means the presence of plants on property that create a fire, safety or health hazard, or that attract vermin either on the property, on neighboring properties, or on both, and includes but is not limited to:
1. Any lawn grass that exceeds 12 inches in height.
2. All weeds that exceed 12 inches in height.
3. All hedges along the front and side lot line to the front line of a residence that exceed four feet in height.
4. All noxious weeds, defined as all grasses, annual plants and vegetation, other than trees and shrubs; provided, however, this term shall not include cultivated flowers and individual or community gardens.
5. Dead trees or dead shrubs.
6. Dead palm fronds within 10 feet of the ground, a structure, a fence or wall, or of any combustible other than the tree from which the fronds have grown.
7. Any tree, shrub, or other form of vegetation of any kind on the property or on the adjoining right-of-way, street, or alley that extends over or under the sidewalk space (whether sidewalk is installed or not) or roadway in a manner that may interfere with the reasonable use of the street, sidewalk space, or alley for pedestrian or vehicular traffic of any kind or that may obstruct the view or light distribution of traffic-control signs or devices or luminaries. Vegetation must be trimmed and maintained to provide an unobstructed pedestrian path a minimum of 48 inches in width and 80 inches in height from grade.
B. Vacant Lots or Parcels Shall Be Maintained. Vacant lots or parcels that are located within an established subdivision or in a business zone shall be maintained free from weeds or untended plant growth the same as if it was improved. Vacant lots or parcels that are adjacent to established subdivisions or a business zone shall be maintained free from weeds or untended plant growth in excess of 12 inches in height a distance of 75 feet from the property line adjoining the improved property and 25 feet from the property line adjoining a public or private street.
C. Maintenance of Public Rights-of-Way. It is the duty of all tenants or occupants of any real property abutting any local street or alley in the town or, if no tenant or occupant, then the property owner thereof shall be required, to keep that part of the street between such property lines and the curb, including the gutter of the street on which such property abuts, or up to the median point of an alley, improved or unimproved, in a safe and sanitary condition at all times. Said area shall be kept free from debris, litter and trash of all kinds, except household waste that is being properly disposed. Grass, weeds, or other groundcover shall not exceed 12 inches. This duty extends to and includes:
1. Any portion of a street or street right-of-way which has been opened for public use between the curbline (or if there is no curbline, the edge of street pavement) and the abutting property line. This includes the abutting sidewalk area (whether the sidewalk is installed or not). Sidewalk areas shall be kept free from sand, leaves, algae growth, vegetation and slippery conditions.
2. One half of the width of abutting alleys, from the property line to the centerline of the alley.
D. Composting. The provisions of this section do not prohibit the maintenance of a compost pile on residential property, so long as the compost pile does not create a hazard and is:
1. Contained;
2. Maintained so as not to produce offensive odors or attract flies or vermin;
3. Located, insofar as reasonably possible, so that it is not visible from abutting properties or streets;
4. Maintained in compliance with all rules, regulations and procedures that may be promulgated by the code official.
A compost pile not in compliance with all the provisions of this section is in violation of this chapter.
E. Insect, Rodent and Animal Control. All exterior premises shall be kept free from insect and rodent harborage and infestation and other noxious pests where such harborage or infestation threatens the health, safety or welfare of a person or persons. Where harborage or infestation is 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 eliminate harborage and prevent reinfestation. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits or other insects and animals where such activity is not a danger or nuisance to any resident or residents of the area, and where other applicable legal requirements are met.
F. Walkways and Driveways. All walkways, stairs, driveways, parking spaces and similar areas located on the exterior premises shall be kept in a proper state of repair and maintained free from hazardous conditions.
G. Parking in Front Yards. No vehicle, recreational vehicle, accessory vehicle, trailer, or similar type vehicles or trailers, or parts for such vehicles or trailers, shall be parked or stored in the portion of the front yard directly in front of a residence.
H. 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.
I. Exterior Hazard or Attractive Nuisance. All premises and land shall be kept free of any condition that constitutes a health hazard, imminent hazard, or attractive nuisance. Such prohibited conditions include, but are not limited to, the following:
1. Accessory Structures, Fences, Screen Walls and Retaining Walls. All accessory structures on the exterior premises, including, but not limited to, detached garages, guest houses, storage buildings and sheds, as well as all fences, screen walls and retaining walls shall be safe, structurally sound and maintained so that they do not constitute a hazard, blight or condition of disrepair. Examples of hazards, blight or conditions of disrepair are inclusive of, but not limited to, leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of paint or materials, rotting or damaged materials.
2. Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
3. Abandoned Refrigerators. All premises shall be kept free of iceboxes, refrigerators or other containers with a capacity of one and one-half cubic feet or greater that have an attached door or lid, snap-lock or other locking device that may not be released from the inside and that are abandoned, discarded or no longer used for refrigeration and are in any place accessible to children. In addition to any other remedy provided under this chapter, a code official may immediately and without prior notice remove an attached door, lid or other locking device or take other similar action to abate the hazard presented.
4. Excavations. All premises shall be kept free of abandoned or unsecured excavations, or any excavation that creates a hazard to public safety or an attractive nuisance. An excavation made under permit and secured and maintained in a manner that complies with the applicable permit requirements is not considered a violation of this section. An excavation or mound is considered secure when:
a. It is protected by a permanent or complete five-foot minimum height enclosure that surrounds the excavation or property.
b. A well, pit, abandoned swimming pool, or similar excavation is completely and permanently covered, fenced securely or protected in an equivalent manner.
5. Grading and Drainage. All exterior premises, with the exception of approved retention areas and reservoirs, shall be graded and maintained to prevent erosion of soil and to prevent the accumulation of stagnant water thereon, when such water causes a hazardous or unhealthy condition, becomes a breeding area for insects, causes soil erosion or causes damage to neighboring property.
6. Sanitation. All exterior premises shall be maintained in a safe and sanitary condition. The property owner or occupant shall keep that part of the exterior premises which such person occupies or controls in a safe and sanitary condition. It shall be unlawful for any person to permit any rubbish, trash, refuse, junk and other abandoned materials or any conditions which provide harborage for rats, mice, snakes or other vermin to remain in a yard or open area owned, occupied or in the possession of such person for a period of more than five days. Garbage and refuse shall be disposed of in accordance with the provisions of Title 8.
7. Repeated Dumping. Vacant lots or lands which have been subject to dumping on more than one occasion shall be secured to prevent further occurrences of dumping. Signs stating “no dumping” shall be erected in accordance with applicable laws on vacant lots or lands which have been subject to dumping on more than one occasion.
8. Toxic, Hazardous, and Flammable Materials. The storage and use of poisonous, corrosive, explosive, flammable and combustible liquids, radioactive materials, and other materials hazardous to life or property, as determined by the town, shall conform to all applicable portions of the currently approved edition of the International Building Code and the International Fire Code. These standards are in addition to all applicable state and federal regulations.
9. Outdoor Storage. Outdoor storage on residential properties is prohibited under the following conditions:
a. When stored in the front yard.
b. When stored in the side yard or rear yard and not screened by a minimum five-foot-high solid wall or opaque fence.
c. When it exceeds 25 percent of the total lot area.
d. When stored in an open, covered porch that is visible from beyond the boundaries of the lot.
e. When stored in an open carport that is visible from beyond the boundaries of the lot or where the amount of storage restricts an automobile from being properly stored within the carport. A double carport will require enough space to store two automobiles.
f. When storage items include garbage, refuse or debris not contained in an approved receptacle.
10. Maintenance of Swimming Pools and Architectural Pools. All swimming pools and architectural pools, ponds and spas shall be properly maintained so as not to create a safety hazard or harbor insect infestation or create a visibly deteriorated or blighted appearance. They shall meet the following standards:
a. It shall be unlawful for any person, owner, lessee, tenant, occupant, or business entity (hereinafter collectively “person”) to have, keep, maintain, cause or permit a swimming pool where the water quality deteriorates to such a poor level as to prevent clear visibility from the water’s surface to the pool bottom or as to create a breeding ground for mosquitoes or other insects. Water shall not be allowed to stagnate, or to become stale or foul through lack of circulation.
b. Architectural pools that contain fish must be maintained to provide for the health of the fish. Dead fish must be removed immediately.
c. Private swimming pools, hot tubs and spas shall be surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Provided, however, spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. (Ord. 19-16 § 2, 2019)