City of Republic, MO Community Standards for City of Republic

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.

Section 425.020 Declarations and Purposes.

[Ord. No. 03-78 §§1 — 2, 11-24-2003; Ord. No. 07-62 §1, 10-8-2007]

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:

To safeguard the health, safety and welfare of the citizens of Republic by maintaining exterior property in good and appropriate condition;

To promote a sound and attractive community appearance; and

To enhance the economic value of the community, and each area in it, through the regulation of the maintenance and conditions of property.

Accordingly, the City Council declares that the purposes of this Chapter are to:

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

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.

Section 425.030 Administration and Enforcement.

[Ord. No. 03-78 §§1 — 2, 11-24-2003; Ord. No. 07-62 §1, 10-8-2007]

The Mayor and City Council for the City of Republic, Missouri, hereby assign the duties of administering this Chapter as follows:

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]

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]

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]

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.

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.

Section 425.040 Definitions.

[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:

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.

Section 425.050 Enumeration.

[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]

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:

Noxious weeds and overgrown vegetation at least seven (7) inches in length.

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.

Any condition which provides harborage for rats, mice, snakes and other vermin.

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.

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.

The pollution of any public well or cistern, stream, lake, canal or body of water by sewage or industrial wastes.

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.

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.

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.

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.

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.

This Subsection shall not apply to any property zoned as agricultural.

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.

Section 425.060 Exceptions.

[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]

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.

The provisions of this Chapter do not prohibit the storage of idle but operable recreational vehicles, boats or lawn mowing equipment.

The provisions of this Chapter do not prohibit the orderly storage of firewood.

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.

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.

Section 425.070 Nuisances Prohibited.

[Ord. No. 03-78 §§1 — 2, 11-24-2003; Ord. No. 07-62 §1, 10-8-2007]

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.

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.

Section 425.080 Notice.

[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]

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.

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:

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;

The location of the nuisance, if the same is stationary;

A description of what constitutes the nuisance;

A statement of action necessary to abate the nuisance;

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.

The absence of notice as provided in this Section shall not delay nor prevent nor be a defense in a prosecution pursuant to Section 425.070.

Section 425.090 Abatement Costs, Special Tax Liens.

[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]

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.

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.

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]

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.

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.

Section 425.095 Weeds and Other Rank Vegetation.

[Ord. No. 07-62 §1, 10-8-2007]

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.

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:

Cause a fire hazard.

Furnish cover for prowlers.

Create a nuisance with potential danger of injury on rocks, debris, holes, etc., covered by excess growth.

Obstruct visibility at street intersections.

Result in the aggravation of allergies.

Furnish a potential harborage or breeding place for disease-carrying insects, arthropods, animals and poisonous snakes.

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).

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.

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.

The abatement procedure for weeds or other rank vegetation shall be as follows:

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.

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.

Charges for abatement by the City shall be determined as follows:

Charges for the cost of abatement shall be determined pursuant to Code Section 425.090 Subsections (C), (D) and (E).

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.

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.

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).

Section 425.100 Penalties and Fine Schedule.

[Ord. No. 03-78 §§1 — 2, 11-24-2003; Ord. No. 07-62 §1, 10-8-2007]

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:

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.

Issuance of an abatement order for abatement of the violation.

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

Section 425.110 Failure To Abate A Nuisance As Ordered.

[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.

Section 425.120 Separability.

[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.

Article II Outdoor Furnaces

Section 425.130 Purpose.

[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.

Section 425.140 Definition.

[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.

Section 425.150 Restrictions.

[Ord. No. 09-28 §2, 9-14-2009; Ord. No. 10-12 §1, 4-26-2010]

Outdoor furnaces are prohibited in the City of Republic, except as specifically authorized in this Article.

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.

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:

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.

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.

Every outdoor furnace shall be located at least fifty (50) feet from any property line.

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.

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.

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.

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.

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.

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.

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.

Every owner or person in control of an outdoor furnace shall comply with the following requirements and standards immediately:

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.

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.

No person that operates an outdoor furnace shall use a fuel other than the following:

Clean wood i.e., firewood with no foreign substances and properly cured;

Wood pellets made from clean wood;

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

Other fuels as approved by the City.

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.

Prohibited Fuels. No person shall burn any of the following items in an outdoor hydronic heater:

Any wood that does not meet the definition of clean wood;

Garbage;

Tires;

Lawn clippings or yard waste;

Materials containing plastic;

Materials containing rubber;

Waste petroleum products;

Paints and paint thinners;

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.

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.

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.

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:

Emissions from the outdoor furnace exhibit black or dark grey smoke for any continuous fifteen (15) minute period.

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.

The emissions from the outdoor furnace cause damage to vegetation, livestock, domestic animals or property.

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.

Section 425.160 Violations — Denial, Non-Renewal, Suspension or Revocation.

[Ord. No. 09-28 §2, 9-14-2009; Ord. No. 10-48 §1, 11-8-2010]

Delinquent Payments. The permit fee provided for in this Article shall be deemed delinquent if not paid on or before the due date.

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.

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.

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.

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:

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.

Creation of a public nuisance.

Providing false information to obtain a permit.

Failure to pay any obligation due and owing to the City.

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.

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.

Hearing On Denial, Suspension Or Revocation — Appeals. The hearing shall be governed by the procedures of this Chapter and Chapter 430 of this Code.

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.

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.

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.

Section 425.170 Severability.

[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.

Section 425.180 Sanctions.

[Ord. No. 09-28 §2, 9-14-2009]

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.

Each day that a violation of this Article or Code continues to exist shall constitute a separate violation of this Article.

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.