[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
The Council of the City of Republic in recognition of its duty
to provide for the health, safety and well-being of the citizens of
the City affirms the need to suppress all nuisances which are or may
be injurious to the health and welfare of the inhabitants of the City,
or prejudicial to the morals thereof, that such nuisances may be suppressed
by ordinances, and the expenses for abating these nuisances may be
assessed against the owner or occupant of the property and against
the property on which said nuisance is committed and a special tax
bill may be issued against said property for said expenses. Therefore,
the City Council of the City of Republic, Missouri, ordains as follows.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
A.
The
City Council for the City of Republic, Missouri, does hereby find
and declare that it is necessary to provide for the abatement of conditions
which are detrimental to property values and community appearance,
an obstruction to or interference with the comfort and enjoyment of
adjacent property or premises, or hazardous or injurious to the health,
safety or welfare of the general public in such ways that constitute
a public nuisance and to establish community standards to safeguard
health and public welfare in keeping with the character of the City
by allowing for the maintenance of exterior property for each of the
following purposes:
1.
To safeguard the health, safety and welfare of the citizens of Republic
by maintaining exterior property in good and appropriate condition;
2.
To promote a sound and attractive community appearance; and
3.
To enhance the economic value of the community, and each area in
it, through the regulation of the maintenance and conditions of property.
B.
Accordingly,
the City Council declares that the purposes of this Chapter are to:
1.
Reduce the threat to health, safety, welfare, appearance and economic
value due to the decline in property condition(s) by lawfully delineating
the circumstances under which such condition(s) are considered unlawful
and/or abated; and further declares that
2.
Abatement of such condition(s) is in the best interest of the health,
safety and welfare of the residents of the City, as maximum use and
enjoyment of property or premises in proximity to one another depends
upon maintenance of those properties at or above the established minimum
standards as defined within this Chapter.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
A.
The
Mayor and City Council for the City of Republic, Missouri, hereby
assign the duties of administering this Chapter as follows:
1.
The Code Compliance Official within the Community Development Department
(or within such other department designated for enforcement by the
City Administrator) shall have the duty, responsibility and authority
to enforce this Chapter and Sections in any manner authorized by the
Municipal Code of Ordinances or by any other law including, but not
limited to, issuance of citations, civil actions and abatement activity
regulation.
[Ord. No. 16-23 § 1, 11-28-2016]
2.
The Records Division of the Republic Police Department will provide
the Community Development Department officials identifying information,
when available, of the location and identifying descriptions of violators
to assist the reporting, citation completion and service process.
[Ord. No. 16-23 § 1, 11-28-2016]
3.
For the purposes of inspections and/or enforcement of the provisions
of this Chapter, Code Compliance Officials, Community Development
Department officials or their designees shall be authorized and permitted
to enter upon the property of another without being considered trespassers.
[Ord. No. 16-23 § 1, 11-28-2016]
4.
All inspections and enforcement actions, unless expressly stated
to the contrary, shall be under the direction of the Code Compliance
Official who may appoint or designate other public officers or employees
to perform duties as may be necessary to enforce the provisions of
this Chapter including, but not limited to, abatement activity, work
orders, vegetation removal, mowing, etc.
5.
When the Code Compliance Official determines an emergency exists
which creates a dangerous and imminent health or safety hazard to
persons, property or the general public which requires immediate action,
the Code Compliance Official may order all required action necessary
to immediately abate or remove the conditions causing the emergency.
Any orders issued pursuant to this paragraph shall be effective immediately
or in the time and manner prescribed in the order itself.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007; Ord. No. 10-05 §1, 2-22-2010]
For the purpose of this Chapter, the following words are defined
as follows:
- ABANDONED
- In addition to those definitions contained in applicable State Statutes, State Codes, other ordinances adopted by the City of Republic or as contained in binding case law decisions, the term "abandoned" refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
- ABATE
- To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the Enforcement Officer in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.
- CODE COMPLIANCE OFFICIAL
- City Official or employee as may be designated in writing by the City Administrator to enforce property or premises maintenance and other City Code violations as authorized herein.
- DISMANTLED
- That from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
- FIELD DRESSING
- The process of removing the internal organs of an animal which has been harvested in the wild or by other means.
- GRAFFITI
- Defacement, damage or destruction by the presence of paint or ink, chalk, dye or other similar substances; or by carving, etching or other engraving.
- INOPERABLE
- Incapable of functioning or producing activity for mechanical reasons or other reasons.
- JUNK VEHICLE
- Any vehicle which does not properly display license plates or stickers indicating current registration and has any one (1) or more of the following characteristics:
- 1. Lacks engine, wheel, tire, properly installed battery or other structural parts which renders the vehicle inoperable for use as designed by the manufacturer;
- 2. Has a missing windshield or missing windows;
- 3. Has a missing door, bumper, hood, driver's seat or other similar structural piece;
- 4. Has become or has the potential to become the breeding ground or habitat of rats, mice, snakes, mosquitoes or other vermin;
- 5. Has junk, garbage or refuse stored therein; or paper, cardboard, wood or other combustible materials stored therein; or is used as a storage facility for solid waste or other hazardous materials; or is used for the storage of gasoline, propane or diesel fuel at any location on or about the vehicle other than in the vehicle's gas or fuel tank;
- 6. Has become a potential source of contamination of the soil from petroleum products or other toxic liquids being discharged or leaking from the vehicle.
- LIEN HOLDER
- Any person or entity who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust or holder of other recorded liens or claims of interest in real property.
- NUISANCE
- In addition to the conditions described within this Chapter, any unlawful act or the failure to perform a duty, or permitting any condition or thing to be or exist on property owned or occupied in which such act, omission, condition or thing:
- OCCUPANT
- Any person or persons holding and exercising temporary or terminable tenancy rights with respect to a residence, building or property including renters, lessees and/or other persons residing temporarily on the subject property.
- OWNER
- The registered owner of a vehicle; the person(s) to whom property tax is assessed on real or personal property as shown on the last equalized assessment roll of the County.
- PARTS
- Any mechanical, structural, body or decorative part of any vehicle, machinery or trailer.
- PROPERTY
- Any land, lot, parcel or portion of land whether improved or unimproved, occupied or unoccupied, including any alley, sidewalk, parkway or public easement abutting such land, lot, parcel or portion of land.
- VEHICLE
- Any self-propelled vehicle not operating exclusively on tracks except for farm tractors. The term "vehicle" shall include, but is not limited to, an automobile, truck, van, sports utility vehicle, motorcycle, motorized scooter or dirt-bike.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007; Ord. No. 08-91 §3, 1-12-2009; Ord. No. 10-05 §1, 2-22-2010]
A.
The
maintaining, using, placing, depositing, leaving or permitting to
be or remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a public nuisance and a violation of this Chapter; provided however,
this enumeration shall not be deemed or construed to be exclusive,
limiting or restrictive:
1.
Noxious weeds and overgrown vegetation at least seven (7) inches
in length.
2.
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or items offensive to the senses or a risk
to health, safety and/or welfare.
3.
Any condition which provides harborage for rats, mice, snakes and
other vermin.
4.
Allowing or permitting vegetation, grass or weeds to grow outside
or extend beyond the boundaries of any lot or property to a length
greater than six (6) inches, to a height greater than ten (10) inches
or encroach upon any sidewalk more than four (4) inches.
5.
Conditions contributing to or causing rank or noxious odors and stenches,
as well as the conditions, substances or other causes which give rise
to the emission or generation of such odors and stenches.
6.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage or industrial wastes.
7.
Abandoning, discarding or knowingly permitting to remain on premises
or property, in a place accessible to children, any abandoned or discarded
icebox, refrigerator or other airtight or semi-airtight container
which has a capacity of one and one-half (1½) cubic feet or
more and an opening of fifty (50) square inches or more and which
has a door or lid equipped with hinge, latch or other fastening device
capable of securing such door or lid, without rendering such equipment
harmless to human life by removing such hinges, latches or other hardware
which may cause a person to be confined therein.
No part of this Section shall apply to any icebox, refrigerator
or other airtight or semi-airtight container located in that part
of a building occupied by a dealer, warehouseman or repairman of such
products.
8.
All furniture, machinery, discarded containers or any other appliance,
article, item or equipment designed for use inside a dwelling unit
if stored, placed or set upon the ground or on any open porch, in
any attached carport or freestanding carport, or in any garage or
shed that is without doors to conceal such articles.
9.
To permit, cause, keep, maintain or allow a fence or wall that is
found to be in a deteriorated condition and/or in need of repair.
10.
Dismantled, non-licensed, inoperable or junk vehicles as defined
herein.
11.
Bricks, shingles, building materials, salvage materials including,
but not limited to, auto parts, scrap metal, tires and any other trade
materials stored, deposited, dumped discarded and/or abandoned on
any section of property.
12.
Buildings, structures or other surfaces upon which graffiti exists.
13.
Lumber not piled or stacked at least twelve (12) inches off the ground.
14.
Any flammable material which may endanger public safety.
15.
Field dressing.
a.
The field dressing and/or hoisting of any animal for personal home
use is allowed in residentially zoned areas of the City, so long as
it occurs in backyards only. Under no circumstances will field dressing
and/or hoisting of an animal be allowed in front yards in residentially
zoned areas.
b.
All blood let during the bleeding process must be disposed of in
accordance with all applicable Federal, State and local Statutes,
ordinances and regulations. No blood may be poured on the ground,
bushes or lawns.
c.
This Subsection shall not apply to any property zoned as agricultural.
d.
This Subsection shall not apply to dressing fish and small game as
identified by the Missouri Department of Conservation including, but
not limited to, rabbit, squirrel, quail, dove, pheasant, woodcock,
crow, groundhog, raccoon, gray fox, red fox, coyote, bobcat, opossum,
ruffed grouse, ducks, Canada geese and snow geese.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007; Ord. No. 09-34 §1, 9-28-2009]
A.
The
provisions of this Chapter do not regulate or place limitations on
any properly zoned junk yard, salvage dealer or waste tire facility
holding valid licenses and/or other necessary Federal, State or municipal
permits.
B.
The
provisions of this Chapter do not prohibit the storage of idle but
operable recreational vehicles, boats or lawn mowing equipment.
C.
The
provisions of this Chapter do not prohibit the orderly storage of
firewood.
D.
The
provisions of this Chapter are not intended to regulate or place limitations
on any residential or commercial building project for which a valid
building permit has been issued by the City of Republic. This exception
shall be limited to the site for which any such permit was issued
and this exception shall not apply if continuous and substantial progress
toward completion of the building project is not being made.
E.
The
provisions of this Chapter, with regard to abatement of weeds and
rank vegetation over seven (7) inches in length, may include, but
is not limited to the following options to abate: Weeds and rank vegetation
over seven (7) inches in length located on land of two (2) acres or
more, including undeveloped portions of platted subdivisions with
contiguous lots that are greater than two (2) acres in total area,
may be abated by mowing a fourteen (14) foot strip along all property
lines and maintaining the mowed area at less than seven (7) inches
and by taking demonstrable action to prevent the remaining acreage
from being a detriment to the health, safety and welfare of the public.
In lieu of the fourteen (14) foot strip on land being actively used
for agricultural crops, the abatement may be by taking demonstrable
action such as mowing or use of chemical controls to prevent the land
used for agricultural purposes from being a detriment to the health,
safety and welfare of the public. The burden shall be upon the person
in control of land where weeds or other rank vegetation in excess
of seven (7) inches is located, to prove that demonstrable action
has been taken and that the action has, in fact, prevented a detriment
to the health, safety and welfare of the public. Failure to meet this
burden will result in weeds and rank vegetation being declared a per
se nuisance.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
A.
It
is unlawful for any owner or occupant having control of any lot or
land or any part thereof in the City of Republic to cause, permit
or maintain any nuisance on any such lot or land or contribute to
the creation or maintenance of any nuisance as defined within this
Chapter; and it is further unlawful for any person or his/her agent,
servant, representative or employee to cause or maintain a nuisance
on the property of another, with or without permission.
B.
Any
person who shall cause, create or maintain a nuisance or contribute
to any nuisance as defined within this Chapter shall be guilty of
violating the provisions hereof and shall be liable for all costs
and expenses attendant upon the removal and/or correction of such
a nuisance in addition to any penalties provided. Each day that a
nuisance is maintained can be the basis of a separate offense.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007; Ord. No. 13-09 §1, 2-25-2013]
A.
Upon verification of a reported nuisance violation within the City, the Code Compliance Official shall provide notice of the violation pursuant to the procedure in Code Section 430.020.
B.
In addition to the notice requirements of this Chapter or Section 430.020, the notice to abate a nuisance issued under the provisions of this Chapter shall contain:
1.
A notice to abate the nuisance within a stated time not to be less
than ten (10) days, unless a different time period is provided for
by the Code;
2.
The location of the nuisance, if the same is stationary;
3.
A description of what constitutes the nuisance;
4.
A statement of action necessary to abate the nuisance;
5.
A statement that if the nuisance is not abated as directed, the City
will seek an order to abate the nuisance and assess the cost thereof
against such person or against the property or both.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007; Ord. No. 13-09 §1, 2-25-2013]
A.
In the event that any violation of this Chapter is not abated by the responsible person or persons as notified within the notice to abate and within the time specified, the City may initiate an administrative hearing before a hearing officer pursuant to those procedures set forth in Chapter 430 of this Code. Procedures set forth in this Chapter shall govern over the procedures of Chapter 430 should there be a conflict in procedures.
B.
Whenever
the City is authorized to undertake the abatement of any conditions
constituting a nuisance as described within this Chapter, the City
may cause the abatement to be performed by City employees or by private
contract under the direction of the City. The City may by ordinance
or by resolution establish fee schedules for work done by City employees.
C.
In
addition to all other fees, fines and costs imposed hereunder, the
City is hereby empowered to charge and collect all costs of abatement,
including administrative expenses, which shall be determined by the
Code Compliance Official, Community Development Department officials
or their designees and/or Municipal Court or hearing officer. Said
costs shall be assessed and billed to the owner, occupant or entity
having control of the property upon which the violation(s) exists.
These costs are due and payable within thirty (30) days of receipt.
[Ord. No. 16-23 § 1, 11-28-2016]
D.
In the event the person or persons billed fails to pay within the thirty (30) day period set forth in Subsection (C) of this Section, the Code Compliance Official shall render an itemized document titled "Certificate of Cost" showing the costs of abatement, administrative expenses and any outstanding penalties and shall file the certificate with the hearing officer. A copy of the document and notice shall be served upon the property owner or responsible person or persons of the property in accordance with the provisions of Section 425.080. The notice of the Certificate of Cost shall advise that a request for hearing to determine the amount of cost to be certified may be filed with the Court Clerk. The notice shall further advise that upon certification of the cost a special tax bill may be issued or the costs of the abatement may be added to the annual real estate taxes assessed against the property. The notice shall provide that the determination of the cost of abatement and the assessment shall become final, unless the owner of the tract of land files a written request for a hearing within ten (10) days after the giving of the notice, which request shall set forth the grounds upon which the owner contends that the assessment is invalid or erroneous. If no hearing is requested, the hearing officer shall review the file and if appropriate certify the cost to the City Clerk pursuant to Code Section 430.040 if not paid.
E.
If the property owner or responsible person or persons notified in Subsection (D) timely requests a hearing, the hearing shall be conducted by the hearing officer prior to certification of the cost to the City Clerk. The cost, if any, as determined by the hearing officer shall be certified to the City Clerk not sooner than thirty (30) days after issuance of the hearing officer's written findings if not sooner paid.
[Ord. No. 07-62 §1, 10-8-2007]
A.
Rank
vegetation is declared to be a hazard to the public health, safety
and welfare. Notwithstanding the other provisions of this Chapter,
the procedures set forth in this Section shall apply to the abatement
of weeds and other rank vegetation.
1.
The presence of high weeds, brush and other rank vegetation, excluding
shade trees, ornamental shrubs, fruit trees, domesticated berry bushes
and vines, cover crops and domestic grains and plantings, on lots
and pieces of land within the City constitute a menace to the public
safety, health and welfare by reason that such conditions may:
a.
Cause a fire hazard.
b.
Furnish cover for prowlers.
c.
Create a nuisance with potential danger of injury on rocks, debris,
holes, etc., covered by excess growth.
d.
Obstruct visibility at street intersections.
e.
Result in the aggravation of allergies.
f.
Furnish a potential harborage or breeding place for disease-carrying
insects, arthropods, animals and poisonous snakes.
2.
The growth of weeds, brush or rank vegetation shall constitute a
public nuisance when, in the opinion of the Code Compliance Official,
any such growth on a lot or piece of land may substantially endanger
the health, safety or welfare of the public, having considered those
hazards enumerated in paragraph (1).
3.
The growth of weeds, brush or other rank vegetation in excess of
seven (7) inches in height is declared to be a public nuisance, per
se, detrimental to the health, safety and welfare of the public.
4.
It shall be unlawful for the owner, lessee or agent in control of any lot or piece of land within the City to allow weeds, brush or rank vegetation to attain a height greater than seven (7) inches on such land or lot. Any person violating this Section shall be punished as provided by Section 100.220.
5.
The abatement procedure for weeds or other rank vegetation shall
be as follows:
a.
Notice to owner. Whenever the Code Compliance Official is informed and determines that a nuisance, per se, exists under paragraph (3), or whenever the Code Compliance Official shall determine that a nuisance exists as provided by paragraph (2), he shall notify the owner of the property of his order to abate the nuisance by any of the methods set forth in Section 425.080 hereof.
b.
Abatement by City upon failure to comply with notice. If the nuisance is not abated within seven (7) days from the date
the notice is first given (by delivery, deposit to the mails or posting
of property), then the Code Compliance Official shall notify the appropriate
City department(s) of such nuisance, giving the location thereof,
and the appropriate City department(s) shall cause such nuisance to
be abated by whatever reasonable means are necessary including use
of contractor services.
6.
Charges for abatement by the City shall be determined as follows:
b.
If extraordinary weed maintenance procedures are required to abate
a nuisance under the provisions of this Chapter, the actual expenses
incurred by the City for the abatement of the nuisance shall be charged
to the person in charge of the parcel of land as set out in this Chapter.
c.
For purposes of this Section, the term "extraordinary weed
maintenance procedures" shall be deemed to mean the required
use of heavy construction equipment such as motor graders, crawler-tractors,
wheel loaders and/or track-type loaders. Actual expenses shall be
deemed to include all administrative costs, including costs incurred
in renting such equipment; the cost of fuel, oil, lubrication, filters
and repair or replacement of parts, including tires, when such repair
or replacement is not a result of normal wear and tear; the per mile
cost of dump trucks used in hauling away the rank vegetation; and
all labor costs.
7.
No proceeding in Municipal Court for prosecution of a violation of
paragraph (4) shall prohibit or be any bar to a proceeding by the
City under the provisions of paragraphs (5) and (6), nor shall any
proceedings by the City under paragraphs (5) and (6) prohibit or be
any bar to a proceeding in Municipal Court for prosecution of a violation
of paragraph (4).
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
A.
Upon
entry of a guilty plea or upon a finding of guilt of a violation of
any Section of this Chapter, the court will order the following:
1.
The imposition of a fine as scheduled within Subsection (3) and/or the imposition of a sentence of imprisonment of up to ninety (90) days for each offense.
2.
Issuance of an abatement order for abatement of the violation.
3.
Fine schedule for violations of this Chapter. (Fines in this table
do not include court costs or abatement fees.)
|
Section #
|
Title
|
Offense
|
Fine
|
|---|---|---|---|
|
425.070
|
Nuisances Prohibited
|
1st
|
$150.00
|
|
425.070
|
Nuisances Prohibited
|
2nd
|
$300.00
|
|
425.070
|
Nuisances Prohibited
|
3rd
|
$1,000.00
|
|
425.110
|
Failure to Abate a Nuisance as Ordered
|
Any
|
$1,000.00
|
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
Upon conviction for the violation of any provision of this Chapter,
an order to abate will be issued directing the person or persons so
convicted to abate or correct the underlying nuisance. Failure of
the person or persons to abate such underlying nuisance within the
time ordered shall be the basis of a separate and chargeable offense.
[Ord. No. 03-78 §§1 —
2, 11-24-2003; Ord. No.
07-62 §1, 10-8-2007]
Every Section, provision or part of this Chapter is declared
separable from every other Section, provision or part; and if any
Section, provision or part hereof shall be held invalid, it shall
not affect any other Section, provision or part.
[Ord. No. 09-28 §2, 9-14-2009]
The purpose of this Article is to protect the public health,
safety and general welfare of the residents of the City of Republic
from excessive smoke pollution, soot contamination and other toxic
air pollutants and offensive odors emanating from outdoor furnaces
and to regulate the location and use of same.
[Ord. No. 09-28 §2, 9-14-2009; Ord. No. 10-48 §1, 11-8-2010]
As used in this Article, the following term shall have the prescribed
meaning:
- OUTDOOR FURNACE
- A fuel-fired boiler, furnace, stove or other similar device fueled by wood, coal, corn or other types of fuel, located outside the structure it is used to heat, with the designated purpose of providing indoor heat for water and/or air for a residence or other structure. The provisions of this Article do not apply to boilers or furnaces fueled by natural gas, propane or fuel oil if the boiler or furnace has been inspected and approved by the City Inspector and approved/inspected indoor fireplaces and wood stoves designed and built according to all applicable City building/fire codes and that meets or exceeds all appropriate government standards.
[Ord. No. 09-28 §2, 9-14-2009; Ord. No. 10-12 §1, 4-26-2010]
A.
Outdoor
furnaces are prohibited in the City of Republic, except as specifically
authorized in this Article.
B.
An owner or person in control of an outdoor furnace which exists in the City as of the effective date of this Article may operate the outdoor furnace and the outdoor furnace may remain in place, only if the owner or person in control of the outdoor furnace applies for an outdoor furnace permit within thirty (30) days of the date of the City mailing notice. The permit may be issued with conditions upon bringing the outdoor furnace into compliance with this Article within sixty (60) days of the date of the City mailing notice with the exception of Subsection (C)(1 — 3). The issuance of the permit shall act as an exception to this Article and is subject to annual renewal.
C.
Outdoor
furnaces placed in use after the effective date of this Article must
meet these requirements in order to qualify for the issuance of a
permit and no outdoor furnace shall be allowed to operate without
issuance of a permit. Upon application for a permit, the Building
Official or his designee shall inspect the outdoor furnace and shall
issue a permit for the outdoor furnace, so long as the outdoor furnace
is in compliance with the following standards and requirements:
1.
No outdoor furnace shall be located on a parcel less than three (3)
acres and outdoor furnaces are prohibited from being located in any
area that is part of a platted subdivision consisting of lots of less
than three (3) acres in size.
2.
Every outdoor furnace shall be located at least three hundred (300)
feet from any dwelling owned by another in existence on the effective
date of this Article.
3.
Every outdoor furnace shall be located at least fifty (50) feet from
any property line.
4.
Every outdoor furnace shall have a chimney (also referred to as a
"stack") that extends at least fifteen (15) feet above the grade plane
and at least two (2) feet higher than the height of the highest roof
peak of any dwelling (owned by one other than the owner of the outdoor
furnace and in existence on the effective date of this Article) located
within five hundred (500) feet. For purposes of this Article, "grade plane" means the average level of the finished grade
at the structure within which the outdoor furnace is located, with
four (4) or more corner points utilized for determining the average.
For those outdoor furnaces operating in the City on the effective
date of the original ordinance, the owner of the furnace may apply
for a modification of the height requirement of this subparagraph.
If it can be shown to the Building Official that a lesser height does
not create an inappropriate amount of smoke on properties within five
hundred (500) feet of the outdoor furnace, the Building Official may
authorize in writing a deviation from this requirement to remain in
place so long as no nuisance is created by the height deviation.
5.
The outdoor furnace shall comply with the provisions of the Fire
Code, the Mechanical Code, the Zoning Ordinance and all other applicable
Statutes, regulations and ordinances including qualifying for the
Environmental Protection Agency Voluntary Compliance Program or by
virtue of compliance with specific standards adopted by the Environmental
Protection Agency for wood furnaces. For those outdoor furnaces operating
in the City on the effective date of the original ordinance, the owner
of the furnace may provide the City a sworn affidavit stating that
the furnace was installed in compliance with the manufacturer's instructions
or may submit a letter from the manufacturer or the manufacturer's
authorized representative stating that the outdoor furnace has been
installed in compliance with the manufacturer's instructions in lieu
of providing the proof of compliance with the Environmental Protection
Agency requirements referred to above. Acceptance of the affidavit
or manufacturer's letter does not relieve the outdoor furnace owner
of the responsibility of operating the outdoor furnace so as not to
create a nuisance.
6.
Failure by the owner of the outdoor furnace or the person who owns
or is in control of the property upon which it is located to apply
for the permit required by this Article; or to bring the outdoor furnace
into compliance with the requirements of the Article within the time
frame required; or the failure or refusal to comply with the conditions
of any exception granted under this Article shall constitute a violation
of this Article.
7.
No outdoor furnace in existence on the effective date of this Article
that would otherwise be prohibited but for the granting of an exception
as provided for herein shall be replaced with a new outdoor furnace
unit nor shall it be repaired if such repair involves more than fifty
percent (50%) of the parts being repaired or replaced.
8.
a.
All outdoor furnaces in the City in existence on the effective date
of this Article that would otherwise be prohibited but for the granting
of an exception as provided for herein may continue to operate until
such time as the conditions set out in Subparagraphs (7) or (9) of
this Subsection occur or until such time as the furnace cannot pass
safe operating standards during inspection or until such time as the
operation of the furnace is determined to be a nuisance.
b.
If an outdoor furnace in the City that is not in violation of this
Article becomes in violation of Subparagraphs (1 — 3) above
due to development within the City, the provisions of Subparagraphs
(7) and (9) shall apply to termination of use of the outdoor furnace
and including termination of use if the furnace cannot pass safe operating
standards during inspection or until such time as the operation of
the furnace is determined to be a nuisance.
9.
Prior to the completion or consummation of a sale or transfer of
any real property on or after the effective date of this Article,
all existing and/or installed outdoor furnaces that would otherwise
be prohibited but for the granting of an exception as provided for
herein shall be removed or rendered permanently inoperable.
10.
The permit is annually renewable and is subject to inspection and
verification of compliance with this Article before the renewal of
the permit is granted.
D.
Every
owner or person in control of an outdoor furnace shall comply with
the following requirements and standards immediately:
1.
Outdoor furnaces must meet all specifications provided by the manufacturer.
In addition, outdoor furnaces must conform to any State construction
code provisions that apply and to the City Fire Code ordinance.
2.
No more than one (1) outdoor furnace shall be permitted on any parcel.
Failure to comply with any of these requirements shall constitute
a violation of this Article.
3.
No person that operates an outdoor furnace shall use a fuel other
than the following:
a.
Clean wood i.e., firewood with no foreign substances and properly
cured;
b.
Wood pellets made from clean wood;
c.
Home heating oil in compliance with the applicable sulfur content
limit or natural gas may be used as starter fuels for dual-fired outdoor
hydronic heaters; and
d.
Other fuels as approved by the City.
4.
Upon application for a permit, the applicant shall provide a letter
from applicant's homeowner's insurance carrier stating that the use
of the outdoor wood furnace is covered by the homeowner's policy.
E.
Prohibited Fuels. No person shall burn any of the following
items in an outdoor hydronic heater:
1.
Any wood that does not meet the definition of clean wood;
2.
Garbage;
3.
Tires;
4.
Lawn clippings or yard waste;
5.
Materials containing plastic;
6.
Materials containing rubber;
7.
Waste petroleum products;
8.
Paints and paint thinners;
9.
Chemicals;
10.
Coal;
11.
Glossy or colored papers;
12.
Construction and demolition debris;
13.
Plywood;
14.
Particleboard;
15.
Salt water driftwood;
16.
Manure;
17.
Animal carcasses; and
18.
Asphalt products.
F.
All
outdoor furnaces shall be subject to periodic inspection by the Building
and/or other Code Inspector and by the Fire Chief or his designee
to assure that all provisions of this Article have been and continue
to be, satisfied.
G.
The
fee for an outdoor furnace permit shall be determined by resolution
of the City Council to cover anticipated reasonable costs of inspections
and administration of this Article.
H.
No
person, regardless of having been issued a City permit for operation
of an outdoor furnace, shall operate an outdoor furnace in such a
manner as to create a public nuisance. The following factors are a
non-exclusive list of factors that may be considered in determining
if a nuisance exists:
1.
Emissions from the outdoor furnace exhibit black or dark grey smoke
for any continuous fifteen (15) minute period.
2.
Malodorous or noxious odors are produced from the outdoor furnace
which are detectable outside the property of the person on whose land
the outdoor furnace is located.
3.
The emissions from the outdoor furnace cause damage to vegetation,
livestock, domestic animals or property.
4.
Operation in violation of any of the manufacturer's requirements,
the requirements of this Article or any other provision of the City
Code or State or Federal laws or regulations.
[Ord. No. 09-28 §2, 9-14-2009; Ord. No. 10-48 §1, 11-8-2010]
A.
Delinquent Payments. The permit fee provided for in this
Article shall be deemed delinquent if not paid on or before the due
date.
B.
Permit Renewal Due Date. The permit required for outdoor
furnace use shall be renewable on or before the fifteenth (15th) of
January of each year and failure to renew within thirty (30) days
of that date shall result in a doubling of the fee for each thirty
(30) day period for which no renewal of the permit is obtained.
C.
Grounds For Denial Or Non-Renewal. The Building Official
(Official) or his designee shall not issue an outdoor furnace permit
when the Official has reason to believe that the issuance of the permit
will result in the operation of the outdoor furnace in violation of
this Code or that the operation of the outdoor furnace will cause
or result in a nuisance. Upon the Official making a determination
that there may be a violation of the Code, the Official shall notify
the applicant in writing that the Official will not issue the permit
or that the Official will not renew the permit, stating the reasons
for the Official's decision.
D.
Procedure For Denial Or Non-Renewal. If the Official determines that the application for a permit is not to be granted or if the Official determines not to renew the permit, then a written notice to the person requesting the permit or renewal thereof shall give the applicant notice that the applicant may request a public hearing by filing a written request with the Official within ten (10) days of the date of the Official's written decision. The public hearing shall be held within twenty (20) days of the receipt of the written request by the Official. The hearing shall be conducted as provided in Subsection (G) below.
E.
Revocation Or Suspension Of Permit Authorized. The permit
may be revoked by a hearing officer after public hearing and notice
for any one (1) or more of the following reasons:
1.
Failure to comply with the manufacturer's requirements or standards
for operation of the outdoor furnace or provisions of this Article
or any other ordinance, building codes, fire codes, health codes or
zoning codes or ordinances of the City.
2.
Creation of a public nuisance.
3.
Providing false information to obtain a permit.
4.
Failure to pay any obligation due and owing to the City.
F.
Notice Of Suspension Or Revocation Hearing. Upon determining
that a possible violation of the requirements of this Article has
occurred, the Official shall issue a notice that a hearing relative
to the possible suspension or revocation of the permit is to be held.
The permittee shall have at least five (5) days' written notice of
the time and place of such hearing. The written notice shall be given
by personal service, posting or by certified or registered U.S. mail
to the permittee's address on file with the City and shall specify
the grounds upon which the permit is sought to be suspended or revoked.
G.
At
the public hearing, a hearing officer appointed by the City Administrator
shall hear evidence, determine the facts based upon the evidence presented
at the hearing and render a decision. The decision of the hearing
officer shall be in writing and shall be issued within ten (10) days
of the hearing unless otherwise ordered by the hearing officer. The
hearing may be continued by the hearing officer for good cause shown
by any party to the proceeding.
H.
Hearing On Denial, Suspension Or Revocation — Appeals. The hearing shall be governed by the procedures of this Chapter and Chapter 430 of this Code.
I.
Conduct Of Hearings. The hearing officer shall have all the powers set forth in this Article and Chapter 430 of this Code and shall conduct the hearing in accordance with the procedures set forth in this Article and Chapter 430. If a procedure in this Article conflicts with a procedure set forth in Chapter 430, the procedure in the Article shall govern. The hearing officer shall determine whether or not there is a basis for not issuing the permit, not renewing the permit, suspending the permit or revoking the permit. The decision of the hearing officer and the right to appeal his decision shall be in accordance with this Article and Chapter 430 of this Code. All notices for purposes of this Section shall be deemed to occur two (2) days after the date the notice is placed in the United States mail, postage prepaid.
J.
Suspension Disposition. If the hearing officer determines
that the violation can be corrected, the hearing officer may issue
a suspension order not to exceed sixty (60) days during which time
the permittee shall correct the violation. Upon expiration of the
period of suspension, the permittee shall submit a written request
to the Official for reinstatement of the permit. If the Official determines
that the permittee is in compliance with the requirements of this
Article, the Official shall issue a written notice of reinstatement.
If the Official determines that the permittee is not in compliance
with this Article, the proceedings for revocation of a permit shall
be instituted.
K.
Revocation Disposition. If the hearing officer determines
that there is a violation of this Article that is incapable of being
corrected or that the permittee is not actively and continuously working
to correct the violation, the hearing officer shall revoke the permit.
Upon revocation of a permit, a permittee shall not be eligible to
apply for a permit in the City for one (1) year from the date of revocation.
After one (1) year, the permittee may apply for a permit subject to
meeting all requirements set forth in this Article as being eligible
to install and use an outdoor furnace.
[Ord. No. 09-28 §2, 9-14-2009]
The provisions of this Article are hereby declared to be severable
and if any clause, sentence, word, Section or provision is declared
void or unenforceable for any reason by any court of competent jurisdiction,
it shall not affect any portion of the ordinance other than said part
or portion thereof.
[Ord. No. 09-28 §2, 9-14-2009]
A.
Any person, firm, association, partnership, corporation or entity that violates any of the provisions of this Article shall be subject to penalty as set forth in Code Section 100.220.
B.
Each
day that a violation of this Article or Code continues to exist shall
constitute a separate violation of this Article.
C.
In addition to the procedures set forth in Subsections (A — B), the City shall have the right to proceed in an administrative action for nuisance abatement or in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Article and said Code.
