The purpose of this article is to protect the public health, safety, and welfare by establishing minimum standards governing the maintenance, appearance, and condition of the residential and nonresidential premises, to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants to authorize and establish procedures for the inspection of residential and nonresidential premises and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy, or use.
The following words and terms, wherever used herein or referred to in this article, shall have the respective meanings designated to them unless a different meaning clearly appears from the context.
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting, or other evidence of physical decay or neglect, lack of maintenance or excessive use. All exterior wood and composition surfaces shall be properly protected from the elements and against decay by paint, stain, or other protective coating and applied in a workmanlike manner.
- Any elements, whether created by nature or by man, which, with reasonable foresight, could carry litter from one place to another. Elements shall include, but not be limited to, air current, rain, water current, and animals.
- EXPOSED TO PUBLIC VIEW
- Any premises or part thereof, or any building or part thereof, which may be viewed by the public.
- EXTERIOR OF THE PREMISES
- Open space on the premises outside of any building located on said premises.
- The control and elimination of insects, rodents, and vermin.
- Decayed and decomposed animal and vegetable waste resulting from the handling, preemption, cooking, and consumption of food.
- The presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.
- Includes any uncontainerized man-made or man-used water which is deposited with the Village, other than in a litter receptacle, tends to create a danger to public health, safety, and welfare, or to impair the environment of citizens of the Village. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container, or other construction material, motor vehicle part, furniture, oil, carcass of a dead animal, or nauseous or offensive matter of any kind or any object likely to injure any person or create a traffic hazard.
- MIXED OCCUPANCY
- Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
- Any public nuisance as defined by state law, and/or this municipal Code, or any physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- Any person who has charge, care, or control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
- Any person who, alone or jointly with severally others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof. Any person who is a lessee subletting or reassigning any or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
- A public or private park, reservation, playground, recreation center, or any public park or private area devoted to active or passive recreation or any other area under the supervision of the Village.
- PARKING LOT
- Any public or private property with provisions for parking vehicles to which the public is invited or which the public is permitted to use which is visible from any public place or private premises.
- A lot, plot, or parcel of land, including the buildings or structures thereon.
- PRIVATE PREMISES
- Any dwelling, house, building, or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox, or other structures appurtenant to such dwelling, house, building, or other structure.
- PUBLIC PLACE
- All streets, boulevards, avenues, culs-de sac, lanes, alleys, or other public ways and parks, squares, plazas, grounds and buildings frequented by the general public, whether publicly or privately owned.
- All wastes, including, but not limited to, decaying and decomposed waste matter, garbage, rubbish, ashes, dead animals, abandoned autos, and solid wastes.
- Solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, crockery, and similar materials.
Every residential, nonresidential, or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial, business, or industrial use shall comply with the provisions of this article, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of this article.
The exterior of the premises and all structures thereon shall be kept free of all nuisances, unsanitary conditions, and any hazards to the safety of the occupant, pedestrians, and other persons utilizing the premises. Any of the foregoing shall be promptly removed and abated by the owner or operator.
It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:
Refuse, such as brush, weeds, broken glass, stumps, noxious growths, garbage, trash, and debris.
Natural growth, such as dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to the persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.
Overhangs, such as loose branches and other hanging objects which, by reason of location above ground level, constitute a danger of falling on the persons in the vicinity.
Sources of infestation.
The exterior of the premises, the exterior of structures, and the conditions of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street, or other public area equipment and materials relating to commercial or industrial use unless permitted under other sections of the Village of Stratford Municipal Code.
General maintenance. The exterior of every commercial structure or accessory structure, including fences or enclosures, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint, loose boards, or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties protected from nuisance.
Litter collection and storage area. Every owner, occupant, or lessee of a building used for residential, business, or commercial purposes shall maintain litter collection and storage areas in a clean condition and insure that all litter is properly containerized. Failure to so maintain clean litter collection and storage areas shall constitute a violation of this subsection.
Duty to collect litter before it is carried from the premises. All litter that is subject to movement by the elements shall be secured by the owner or occupant of the premises where it is found before the litter is allowed to be removed from the premises by the elements.
Neglected premises visible to the public. It shall be the duty of any person owning or controlling any premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner. It shall be a violation of this subsection to abandon, neglect, or disregard the condition or appearance of any premises so as to permit it to accumulate litter.
Areas around business premises. The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, gas stations, and clinics, shall at all times keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this subsection to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter.
Loading and unloading docks. The person owning, operating or in control of loading or unloading docks shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried from the premises by the elements.
Construction sites. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried from the premises by the elements. All litter from construction activities or any related activities shall be picked up at the end of each work day and placed in containers which prevent litter from being carried from the premises by the elements. This subsection shall include removal of any debris, dirt, mud or other material from the roadway adjacent to said construction site.
Maintaining sidewalks and alleys. Persons owning, occupying, or in control of any premises shall keep the sidewalks and alleys adjacent thereto free of litter. Owners or occupants shall sweep or rinse off the sidewalks abutting the premises as often as may be required to keep the walk reasonably free from dirt, paper and waste.
Abandoned garbage. It shall be unlawful for any person who is in control of any premises upon which is located or on whose behalf there is maintained a container of refuse, waste, or garbage, which has been containerized in accordance with a contract for its removal, to allow that refuse, waste or garbage to remain uncollected for longer than seven days or, in any cases, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place.
Allowing discharge regulated. It is unlawful for any owner, keeper, walker, or rider of any animal to have his/her animal discharge such animal's excreta upon any public or private property in the Village other than the property of the owner of such animal. Such owner, keeper, or walker shall immediately thereafter remove and clean up such animal's excreta from the public or private property.
Carry feces scoop required. No person shall walk an animal beyond the limit of his/her own property without carrying or having in his/her possession a scoop, bag, or other items designed to pick up and remove feces.
Exception. This subsection shall not apply to blind persons having control of guide dogs.
When a signed, written complaint or petition, including the complainant's contact information, is made to the Village that a violation under this article may exist, the Chief of Police, the Chief of the Fire Department, the Director of Public Works or the Building Inspector shall inspect or cause to be inspected the premises complained of. Upon inspection, the provisions of §§ 377-8 and 377-9 of the Code shall apply.
Owner or occupant responsibility. Any owner or occupant of land is responsible for compliance with this article on the owner's or occupant's land, regardless of ownership of and responsibility for the uses, activities, or things located on the land. The owner or occupant shall grant entrance to the property in alleged violation for the purposes of inspection by the designated Village official.
In addition to the provisions of Chapter 406-4, any person who shall violate any provision of this article and any rules and regulations adopted hereunder shall be subject to the penalties as provided in § 1-5 of this Code.