[R.O. 2012 §260.010; CC 1988 §290.010; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
A.
The
general purpose of this Chapter is to protect the public health, safety
and the general welfare of the people of the City. These general objectives
include, among others, the following specific purposes:
1.
To protect the character and stability of residential areas within
the City.
2.
To provide minimum exterior standards for the maintenance of existing
residential dwellings and premises, and thus prohibit the creation,
existence and spread of slums and blight.
3.
To thus preserve the taxable value of land and dwellings throughout
the City.
[R.O. 2012 §260.020; CC 1988 §290.020; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
A subordinate and separate building detached from the main
building, customarily incidental to and located on the same lot occupied
by the main use or building. A detached garage is not considered an
accessory building.
[Ord. No. 1582 § 1, 12-20-2016]
A detached building, including all attached garages, decks,
porches, patios and other structures used as a part of the main building,
designed for or occupied by one (1) family as a residence.
An element or feature present on the exterior or exterior
premises of a dwelling or accessory building, including awnings, shutters,
flagpoles, lamps, barbecue pits and other semi-permanently affixed
structures.
Garbage, refuse, rubbish, junk, trash, any type of appliances,
machinery or furniture not in current use or any other waste material
or items in a state of disrepair or which is unsightly.
A lot, plot or parcel of land, or any part thereof, including
a dwelling, accessory building or structure of any type.
Any path or thoroughfare or easement over any property which
is or may be used by persons other than the owner of such property,
including, but not limited to, a City street or sidewalk.
See definition in Section 530.010.
Anything constructed or erected, whether on-site or prefabricated
(preassembled), the use of which requires a more or less permanent
location on the ground or attached to something having a permanent
location on the ground. Without limiting the generality of this definition,
a structure shall include detached garages, tennis courts, swimming
pools, fences, billboards, pagodas, decks, crib walls and retaining
walls. Swimming pools, decorative timbers, crib and retaining walls
under eighteen (18) inches in height are not included in this definition.
The word "structures" includes the words "building," "dwelling" or
"accessory building" in addition to the foregoing.
[Ord. No. 1582 § 1, 12-20-2016]
[R.O. 2012 §260.030; CC 1988 §290.030; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
A.
Foundations. Every foundation shall be reasonably weather-tight,
rodent-proof, and shall be kept in good repair. The foundation elements
shall adequately support the dwelling at all points.
B.
Walls. Every exterior wall shall be free of holes, breaks,
loose or rotting siding and any other conditions which might admit
rain or dampness to the interior portions of the walls or structure.
All exterior surface material shall be kept in good repair and shall
be protected by paint or other protective coating applied in a workmanlike
manner.
C.
Windows, Doors And Hatchways. Every window, exterior door
and basement hatchway shall be substantially tight and shall be kept
in sound condition and repair. Every window sash and door shall fit
reasonably tight within its frame and shall be properly hinged. Every
window shall be fully supplied with glass panes or a rigid translucent
substitute, free of cracks or holes. Screens, if installed, shall
be kept in good repair.
D.
Stairways And Porches. Every exterior stairway and every
porch shall be kept in safe condition and sound repair. Every exterior
flight of stairs and every porch floor shall be free of deterioration.
Every porch rail and balustrade shall be firmly fastened and maintained
in good condition. No flight of stairs shall be rotting, loose or
have deteriorating supports. No porch shall have rotting, loose or
deteriorating supports or floors. All exterior stairways, porches
and handrails shall be constructed in accordance with the applicable
Building Code standards of construction and shall be maintained in
such a manner as to be capable of supporting the load that normal
use may cause to be placed thereon.
E.
Chimneys And Flues. Any brick, masonry or other structural
chimney or flue and any attached accessories shall be kept in sound
repair.
F.
Gutters. All structures, including covered porches, garages
and accessory buildings, are to have gutters with ample downspouts
properly positioned and in good repair.
G.
Roof. All roofs shall be sufficiently water-proof, weather-proof
and fitted to exclude the entrance of rain, rodents, birds and other
impediments to the maintenance of interior health and safety. All
surface materials shall be kept in good repair.
H.
Accessory Buildings. All accessory buildings shall be maintained
in good condition and shall be compatible with their intended use.
I.
Fixtures And Hardware. Fixtures and hardware shall be maintained
in good condition and repair.
J.
Exterior Surfaces. All exterior material coatings, where
appropriate, shall be properly applied and maintained.
[R.O. 2012 §260.040; CC 1988 §290.040; Ord. No. 967, 6-16-1992; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1228 §1, 9-19-2000; Ord. No. 1503 §1, 7-17-2012]
A.
All
lot areas which are not covered by vegetation shall be treated to
prevent the blowing or scattering of dust particles in the air. Any
tree, shrub or other plant material on the premises which overhangs
a public entrance, driveway or public walk shall be properly trimmed
to avoid obstruction of view or movement of vehicles and pedestrians.
Any dead trees, limbs, branches or shrubs shall be promptly removed.
B.
Every
yard, court, vent passageway, driveway, sidewalk and any other portion
of the premises shall be free of litter, weeds and other safety hazards,
graded and drained so as to prevent the accumulation of stagnant water
on such surface. Driveways, fences and sidewalks shall be maintained
in good repair.
C.
All
driveways on residential lots in the "A" Residence District and the
"B" Residence District shall be paved with a hard surface such as
concrete, concrete blocks or asphalt and shall be maintained in good
condition. No gravel driveways shall be permitted except for periods
not exceeding thirty (30) days prior to the installation of a new
paved driveway, except in the case of extenuating circumstances and
approval by the Building Commissioner.
D.
For
any lot (whether or not containing a dwelling) having a sight triangle,
nothing shall be erected, placed, planted or allowed to grow in such
a manner as to materially impede, limit or obstruct the sight distance
or vision of motorists entering or leaving the intersection.
[R.O. 2012 §260.045; CC 1988 §290.045; Ord. No. 1006, 7-20-1993; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1420 §1, 6-17-2008; Ord. No. 1503 §1, 7-17-2012]
A.
All
property owners, lessees or occupants, and all agents or representatives
of such owners, lessees or occupants, shall be obligated and required
to maintain, at their own expense, any and all physical objects including,
but not limited to, trees, shrubs, grasses, porticos, stoops, awnings,
area ways, walls or other structures or things that encroach upon
any right-of-way or sight triangle including, but not limited to,
any City street or sidewalk (collectively referred to as "encroachments")
so that the right-of-way is kept in a reasonably safe condition for
use in the usual modes by day and night and is not obstructed or interfered
with. Property owners, lessees or occupants and all agents or representatives
of such owners, lessees or occupants shall be solely responsible for
any damage or repairs to any encroachments caused by work in the right-of-way
by the City and neither the City nor any of its employees, agents
or contractors shall be liable for any damage to any electric pet
fence cables, lawn sprinkler lines, sprinkler heads or other encroachments
located in the right-of way.
B.
Any physical object, including underground items such as electric pet fences, that encroaches into, upon, under a right-of-way and obstructs or interferes with the use of such right-of-way or makes the use of the right-of-way unsafe shall be deemed a nuisance and any individual responsible for maintaining such physical object under Subsection (A) of this Section shall be guilty of an ordinance violation. The City shall have the right to remove such nuisance in accordance with the provisions of Section 210.010 of this Title.
C.
The
requirement to maintain objects that obstruct or interfere with or
affect the safety of the use of a right-of-way or sight triangle shall
apply regardless of the person responsible for creating, placing or
planting the object that obstructs, interferes with or affects the
safety of the use of the right-of-way.
[R.O. 2012 §260.050; CC 1988 §290.050; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
A.
The
Building Commissioner shall make inspections to determine whether
dwellings, accessory buildings, structures or premises located within
this City conform to the requirements of this Chapter. Inspections
of property under this Chapter shall be made after the effective date
of this Chapter where there is exterior deterioration of a dwelling
containing a dwelling unit or accessory building as defined in this
Chapter.
B.
For
the purpose of making such exterior inspections, the Building Commissioner
is authorized to enter upon the premises to examine exterior structures
and ground conditions. Reports of such inspections shall be given
to the Chief of Police who shall be responsible for the enforcement
of this Chapter.
[R.O. 2012 §260.060; CC 1988 §290.060; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
A.
When
any dwelling or accessory structure has become so damaged by fire,
wind or other causes, or has become so unsafe, unhealthful or unsanitary
that, in the opinion of the Building Commissioner and concurred in
by the Mayor, life or health is immediately endangered by the occupation
of the dwelling, the Chief of Police is hereby authorized and empowered
to order and require the occupants of the dwelling to vacate immediately,
until the corrective work and repairs required to make the dwelling
safe and fit for human habitation have been completed, whether or
not a notice of violation has been given as described in this Chapter,
and whether or not legal procedures described by the Warson Woods
Municipal Code have been instituted.
B.
When the condition of property in apparent violation of Section 235.040(D) and/or Section 235.045 is determined by the Chief of Police to be a safety hazard to vehicular traffic endangering the health and safety of the public, the Chief of Police is hereby authorized and empowered to take or cause to be taken corrective work to ensure the safety of vehicular traffic, whether or not a notice of violation has been given as described in this Chapter, and whether or not legal procedures described by the Warson Woods Municipal Code have been instituted.
[R.O. 2012 §260.070; CC 1988 §290.070; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1503 §1, 7-17-2012]
A.
Whenever
the Building Commissioner determines that a condition exists which
is not in compliance with the provisions of this Chapter, he/she will
give notice of such condition to the Chief of Police who will then
notify the occupant or if unoccupied, the owner or his/her agent.
The notice shall:
1.
Be in writing;
2.
Contain a statement of the reason why it is being issued;
3.
Specify a time for the performance of any act it requires;
4.
Be served upon the occupant, or if unoccupied, the owner or his/her
agent. Such notice shall be deemed to be properly served upon such
occupant, owner or agent, if a copy thereof is:
5.
Specify the remedial action which must be taken to abate the conditions
specified in the notice.
6.
Failure to take the remedial action specified within the time specified
shall constitute a violation under this Chapter.
[R.O. 2012 §260.080; CC 1988 §290.080; Ord. No. 1086 §1, 6-8-1995; Ord. No. 1397 §4, 6-19-2007; Ord. No. 1503 §1, 7-17-2012]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of an ordinance violation. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
[R.O. 2012 §260.090; Ord. No. 1086 §1, 6-8-1995; Ord.
No. 1503 §1, 7-17-2012]
The failure of the occupant, or if unoccupied, the owner, to take the remedial action specified within the time specified in the notice provided for in Section 235.070 shall constitute a public nuisance as defined in Section 210.010 of the Warson Woods Municipal Code and the other provisions of said Section 210.010 shall be applicable to such public nuisance.
