[Adopted 11-1-2004 by Ord. No. 04-16]
[Amended 3-5-2012 by Ord. No. 12-01[1]]
The owner and/or tenant of a residential premises shall not cause or allow the external placement of any furniture, appliances, or similar objects that are not specifically designed by the manufacturer to withstand the elements or are otherwise not intended for outdoor use, including, but not limited to, upholstered furniture, including mattresses, not designed or manufactured for exterior use. "External placement" and "exterior use" shall include, but not be limited to, sidewalks, yards, driveways, patios, balconies, unenclosed porches, or decks.
[1]
Editor's Note: This ordinance also amended the title of this article, which was formerly External Placement of Interior Furniture.
[Amended 3-5-2012 by Ord. No. 12-01]
In the event that any owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, within the City shall permit the external placement of any interior furniture or appliances not designed or manufactured for exterior use, then the City Manager and/or his/her authorized agents shall issue a summons showing a violation of this article, said summons to be served personally or by certified mail upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of the article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons by certified mail, then the City, at the direction of the City Manager and/or his/her designee, may remove such furniture placed in violation of this article and charge the responsible person for the work that must be done to render the property in compliance with this article. The fee for such work shall be as set forth in Chapter 180, Municipal Fees. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, has received summonses and fails to take corrective action, and the City has corrected the violation in accordance with this section, then no further notification shall be necessary for the City to take any further corrective action on any subsequent violations within the following twelve-month period starting from the date of the first corrective action by the City.
In the event that the owner, occupant, tenant or other agent caring for or in charge of the premises is deemed to be in violation of this article and in the event that the violation is corrected in compliance with the preceding section and if the charges assessed by the City for correcting said deficiency are not paid, then the City, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property and in the lien docket maintained by the Prothonotary; and the City Solicitor shall be directed to enforce said lien or to collect the charges imposed by the City by any other means that he/she may deem desirable and most advantageous.
[Amended 3-5-2012 by Ord. No. 12-01]
A. 
Any person convicted of a violation of this article, regardless of corrective actions taken, shall be punished for that violation by a fine of not less than $25 nor more than $100. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to this article. All fines imposed shall be in accordance with the minimum fine schedule set in Chapter 180, Fees, Municipal.
B. 
Every day that a violation of this article continues shall be considered a separate offense, for which the violator may be fined without necessity of further notice.
C. 
In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the owner of the property has previously been found to have caused or permitted the same nuisance at the same location within the past 18 months, or for every day that the violation of this article continues.
[1]
Editor's Note: Former § 305-20, Fine schedule, was repealed 3-5-2012 by Ord. No. 12-01.
Any fines imposed pursuant to this article which remain unpaid shall be placed by the City as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set forth herein.