Chapter 4
PROPERTY MAINTENANCE REGULATIONSlinklink

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12-4-1: PROPERTY MAINTENANCE RESPONSIBILITIES; SIDEWALKS, PARK STRIPS AND ABUTTER'S ALLEYS:
12-4-2: WASTE MATERIALS OR JUNK; PROHIBITED ON PREMISES:
12-4-3: WEED CONTROL:
12-4-4: NOXIOUS WEEDS:
12-4-5: VEGETATION INTERFERING WITH PUBLIC WAYS OR PROPERTY:
12-4-6: EMPTY BUILDINGS TO BE KEPT SECURED:
12-4-7: INSPECTORS AUTHORIZED TO ENFORCE CHAPTER:
12-4-8: PENALTIES AND REMEDIES FOR VIOLATIONS:

12-4-1: PROPERTY MAINTENANCE RESPONSIBILITIES; SIDEWALKS, PARK STRIPS AND ABUTTER'S ALLEYS:linklink


A. It shall be the duty of the owner, agent, occupant or lessee of real property to keep their exterior property free of conditions which violate the provisions of this chapter.


B. It shall be the duty of the owner, agent, occupant or lessee of real property abutting and bordering on any public street in the city to keep the area between their property line and the curb or edge of the roadway free of conditions which violate the provisions of this chapter. Such area shall include sidewalks, park strips between streets and sidewalks, or other adjacent landscaped or open areas within a dedicated public right of way.


C. It shall be the duty of the owner, agent, occupant or lessee of real property which faces on an abutter's alley to keep that portion of the alley which is adjacent to such property, free of conditions which violate the provisions of this chapter. If the alley was dedicated for the benefit of real property on both sides of the alley, the duty shall extend to the centerline of the alley. If the alley was dedicated only for the benefit of real property along one side of the alley, the duty shall extend for the entire width.

(1979 Code § 8.26.010; Ord. 97-91, 12-16-1997)

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12-4-2: WASTE MATERIALS OR JUNK; PROHIBITED ON PREMISES:linklink


A. Prohibition: It is unlawful for any owner, occupant, agent or lessee of real property within the city, to allow, cause or permit the following material or objects to be in or upon any yard, garden, lawn, or outdoor premises of such property:

1. Junk or salvage material;

2. Litter;

3. Any abandoned vehicle or inoperable vehicle.


B. Exceptions: The prohibition in subsection A of this section shall not apply to:

1. Materials or objects used, kept or maintained in connection with a business enterprise lawfully situated and licensed for the same and operating in conformance with the zoning title or other provisions of this code; or

2. The outdoor storage of no more than one vehicle at a residence, as described in subsection G in the definition of "junk or salvage yard", section 15-2-11 of this code.


C. Prohibition On Park Strips, Sidewalks, Etc.: It is unlawful for any owner, occupant, agent or lessee of real property abutting and bordering on any public street in the city, for the distance such real property abuts and borders such street, to allow, cause or permit litter, or junk or salvage material, to be in or upon the area from the property line to the curb line of the street or edge of the roadway.


D. Abutter's Alleys: It is unlawful for any owner, occupant, agent or lessee of real property facing on any abutter's alley, to allow, cause or permit litter or junk or salvage material to be in or upon that portion of the abutter's alley for which the owner, occupant, agent or lessee is responsible as provided under subsection 12-4-1C of this chapter.

(1979 Code § 8.26.020; Ord. 97-91, 12-16-1997; amd. 1999 Code)

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12-4-3: WEED CONTROL:linklink


A. Premises: It is unlawful for any owner, occupant, agent or lessee of real property in the city to fail to maintain the height of weeds and grasses, in the manner provided herein, on such property, or to fail to remove from the property any cuttings from such weeds or grasses.


B. Park Strips: It is unlawful for any owner, occupant, agent or lessee of real property in the city abutting and bordering on any public street, for the distance such property abuts and borders the street, to fail to maintain the height of weeds and grasses, in the manner provided herein, in the area from the property line to the curb line of the street, or to fail to remove from such area any cuttings from such weeds or grasses.


C. Abutter's Alleys: It is unlawful for any owner, occupant, agent or lessee of real property in the city which faces on an abutter's alley for the distance such property abuts and borders, to fail to maintain the height of weeds and grasses, in the manner provided herein, in that portion of the abutter's alley for which the owner, occupant, agent or lessee is responsible as provided under section 12-4-1 of this chapter.


D. Weed Control Specifications:

1. Except as otherwise provided in subsection D2 of this section, weeds and grasses shall be maintained at a height of not more than six inches (6") at all times, and the cuttings shall be promptly cleared and removed from the premises; provided, however, that this subsection shall not be applicable to any ornamental grass so long as it is used and maintained solely, or in combination with any other ornamental grass or grasses, as a supplement to an overall landscaping plan and does not constitute in square footage more than twenty percent (20%) of the property's overall landscaped area.

2. Weeds and grasses shall be maintained at a height of not more than twelve inches (12") at all times on any of the following properties, and the cuttings shall be promptly cleared and removed from the premises:

a. Areas zoned as open space zone (O-1) pursuant to title 15 of this code;

b. Ditches, ditch rights of way or railroad rights of way; and

c. Undeveloped property or vacant lots (no buildings or structures).

3. Weeds which are eradicated by chemicals must be done so before their height exceeds the height limits provided herein, or they must be cut at a level not exceeding such height limits.

4. Weeds which are rototilled or removed by the root must be buried under the soil or removed from the property.

5. When, in the opinion of the fire marshal, or any assistant fire marshal, the large size or terrain of property makes the cutting of all weeds or grasses impractical, the fire marshal, or any assistant fire marshal, may, by written order, allow and limit the required cutting of weeds and grasses to a firebreak of not less than fifteen feet (15') in width cut around the complete perimeter of the property and around any structures existing upon the property, unless the fire marshal, or assistant fire marshal, determines that a firebreak of a lesser width will provide adequate protection against fire spread at the particular location.

6. The fire marshal may from time to time exempt from, or limit, in whole or in part, the required cutting of weeds and grasses for property established and maintained as a nature park or wetland mitigation area, if the fire marshal, or assistant fire marshal, determines that such limitation or exemption will not present a potential fire hazard to adjacent properties.

(1979 Code § 8.26.030; Ord. 97-91, 12-16-1997; amd. Ord. 2002-73, 12-17-2002)

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12-4-4: NOXIOUS WEEDS:linklink

It shall be unlawful for the owner or occupant of any real property to allow to grow on such property any noxious weeds or other noxious vegetable growth determined by the county health department to be especially injurious to public health, crops, livestock, land, or other property.

(1979 Code § 8.26.040; Ord. 97-91, 12-16-1997)
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12-4-5: VEGETATION INTERFERING WITH PUBLIC WAYS OR PROPERTY:linklink

It shall be unlawful for the owner or occupant of any real property to allow vegetation on the owner's or occupant's real property to grow to such an extent or in such a manner that, because of its proximity to public property or a public right of way, it interferes with the safe or lawful use of public property or the public right of way, or obstructs the vision of any posted uniform traffic control device.

(1979 Code § 8.26.050; Ord. 97-91, 12-16-1997)
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12-4-6: EMPTY BUILDINGS TO BE KEPT SECURED:linklink

It shall be unlawful for the owners or agents or persons in charge of unoccupied buildings or structures within the city to fail to keep such buildings and structures closed and securely locked or otherwise secured against entry.

(1979 Code § 8.26.060; Ord. 97-91, 12-16-1997)
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12-4-7: INSPECTORS AUTHORIZED TO ENFORCE CHAPTER:linklink


A. Appointment By Mayor: The mayor shall appoint inspectors who are authorized to enforce the provisions of this chapter.


B. Powers And Duties:

1. An inspector is authorized and directed to inspect and examine real property situated within the city for the purpose of determining whether or not a property maintenance violation exists.

2. All matters involving health shall be pursued in coordination with the county health department. All matters involving weeds or other fire hazards shall be pursued in coordination with the fire department. All matters involving the boarding of dangerous buildings shall be pursued in coordination with the building official. All matters involving the lawful use of land under the zoning title shall be pursued in coordination with the community and economic development director, or the director's designee.

3. The mayor may assign primary responsibility in those areas of overlapping jurisdiction.

(1979 Code § 8.26.080; Ord. 97-91, 12-16-1997; amd. Ord. 2001-32, 6-5-2001; Ord. 2004-39, 6-15-2004, eff. 7-1-2004)

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12-4-8: PENALTIES AND REMEDIES FOR VIOLATIONS:linklink


A. Misdemeanor: Owners, agents, occupants or lessees who violate the provisions of this chapter shall be guilty of a class B misdemeanor and upon conviction shall be punishable as set forth in title 1, chapter 4, article A of this code.


B. City Abatement And Associated Civil Penalties: Litter or other unlawful accumulations or conditions not removed from private property, or adjacent sidewalks, park strips, alleys, or other adjacent areas for which the person is responsible under the provisions of this chapter, may be removed by the city pursuant to the provisions of chapter 8 of this title, or its successor, with costs and expenses for such cleaning or removal and civil penalties to be assessed in accordance with the provisions of such chapter.


C. Civil Penalties: Owners, agents, occupants or lessees who fail to correct a violation of the provisions of this chapter after notice of violation and expiration of the warning period shall be subject to the following civil penalties pursuant to title 1, chapter 4, article B of this code:

1. The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial penalty of one hundred twenty five dollars ($125.00).

2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of two hundred fifty dollars ($250.00).

3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of five hundred dollars ($500.00).


D. Other Remedies: This chapter may also be enforced by injunction, mandamus, judicial abatement or any other appropriate action in law or equity.


E. Daily Violations: Each day that any violation of this chapter continues shall be considered a separate offense for purposes of the penalties and remedies available to the city.


F. Compliance: Accumulation of penalties for violations, but not the obligation for payment of penalties already accrued, shall stop on correction of the violation.


G. Cumulative: Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce the provisions of this title.

(1979 Code § 8.26.070; Ord. 97-91, 12-16-1997; amd. Ord. 2002-73, 12-17-2002; Ord. 2005-29, 5-24-2005)

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