Chapter 33
PROPERTY MAINTENANCE REGULATIONS
Sections:
5-33.04 Disrepair of accessory structures.
5-33.05 Abandoned personal property.
5-33.07 Neglected landscaping.
5-33.08 Overgrown landscaping.
5-33.09 Off-street parking disrepair.
5-33.10 Unpaved outdoor sales areas.
5-33.01 Purpose.
Owners and occupiers of some properties within the City have permitted visual blight, including, but not exclusive to, abandoned, deteriorated, and infested buildings, the accumulation of overgrown, rank, and noxious vegetation visible to the public, the accumulation of broken down or discarded personal property in front yards, the strewing of debris and garbage cans on yards visible from the street, the deliberate neglect of premises to spite neighbors or influence zoning changes, permitting the deterioration of property which depresses property values, and permitting parking areas used by the public to be unpaved or dangerous and defective with potholes. The abatement of such conditions is in the best interests of the health, safety, and welfare of the residents of the City because the maximum use and enjoyment of properties closely proximate to one another depends upon the maintenance of such properties at or above a minimum standard of sightliness. The beneficial effects of maintaining a minimum standard of sightliness for property in the City include, but are not limited to, the appreciation of property values, physical improvement of residential areas, attraction of investors of capital to residential and commercial zones, increase in commercial trade, maximum use of property for its highest and best use, and increase in the tax base of the City. This chapter is intended to serve each of such purposes.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.02 Enforcement.
The correction of the property maintenance violations set forth in this chapter shall be pursued by the Code enforcement official appointed by resolution of the Council through the use of citations or the institution of nuisance abatement proceedings pursuant to Chapter 17 of this title consistent with such rules, guidelines, and regulations pertaining to the enforcement of this chapter.
(§ 1, Ord. 648-84 C-M. eff. August 23, 1984)
5-33.03 Guidelines.
The Code enforcement official shall promulgate guidelines pertaining to the rules, regulations, standards, and implementation of this chapter which shall become effective upon adoption by resolution of the Council. The guidelines shall be reviewed by the Council in January of each year to determine fairness and effectiveness.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.04 Disrepair of accessory structures.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in the City to maintain upon such property building accessory structures, including, but not exclusive to, walls, fences, driveways, sidewalks, sheds, garages, lean-tos, and walkways, which are maintained in such condition as to become so dilapidated, defective, unsightly, or in such condition of deterioration or disrepair that the same causes the depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.05 Abandoned personal property.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in the City to maintain upon such property abandoned, discarded, or unused furniture, stoves. sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at the ground level from a public street or alley or from adjoining properties, except as may be permitted by this Code.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.06 Equipment storage.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property lint the City to maintain upon such property construction equipment or machinery of any type or description parked or stored on the owner’s property where such equipment or machinery is readily visible to the general public, except while excavation, construction, or demolition operations covered by an active building permit are in progress on the subject property or on adjoining property, and except as may be permitted by this Code.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.07 Neglected landscaping.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in the City to maintain upon such property neglected or improperly maintained landscaping constituting a substantial unsightly appearance, fire hazard, danger to the public safety, or a detriment or devaluation to nearby property. A condition of neglected landscaping shall include dead, debris-leaden, weed-infested, and/or overgrown vegetation, or vegetation which is dying, or failing to maintain required landscaping previously approved by the City.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.08 Overgrown landscaping.
It shall be unlawful for any person owning. leasing, occupying, or having the charge or possession of any property in the City to permit the overgrowth of trees, hedges, bushes, shrubs, or other landscaping so as to obstruct or impede pedestrian movement upon adjacent public sidewalks or to permit the intrusion of such overgrowth into the sidewalk area within a vertical plane seven (7') feet high along the property line.
(§ 1, Ord. 648-84 C-M. eff. August 23, 1984)
5-33.09 Off-street parking disrepair.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in a commercial district which has as a part of the property a land area open to the public for off-street parking purposes to maintain such land area in an unpaved condition, or with potholes, or in such disrepair so as to constitute a danger or cause potential damage to motor vehicles.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.10 Unpaved outdoor sales areas.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in the City to park, store, or use such property for outdoor sales or the rental or lease of vehicles unless such property is paved and maintained according to City standards.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.11 Broken windows.
It shall be unlawful for any person owning, leasing, occupying, or having the charge or possession of any property in the City to maintain upon such property broken windows constituting hazardous conditions and inviting trespassers and to malicious mischief.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)
5-33.12 Emergencies.
Nothing in this chapter shall prevent City officials, who possess the proper authority, from taking such temporary actions in emergency situations as, in their judgment. are within the spirit and intent of this chapter and any adopted enforcement guidelines therefor.
(§ 1, Ord. 648-84 C-M, eff. August 23, 1984)