[12-9-2013 by Ord. No.
1359]
The penalties and remedies provided in this article for the
elimination of blight and the abatement of nuisances and offensive
conditions are in addition to any other penalty or remedy provided
by ordinance, statute, or at common law. Any other penalty or remedy
provided by ordinance, statute, or at common law shall not be construed
as a limitation upon the penalties and remedies as provided in this
article, nor shall the remedies and penalties provided in this article
be construed as a limitation on any penalties or remedies available
by other ordinance, statute, or at common law.
[12-9-2013 by Ord. No.
1359]
It is hereby found and declared that:
(1) Areas of the City are or may become blighted with the resulting impairment
of taxable values upon which, in large part, City revenues depend;
(2) Such blighted areas are detrimental or inimical to the health, safety,
morals, and general welfare of the citizens and to the economic welfare
of the City;
(3) In order to improve and maintain the general character of the City,
it is necessary to rehabilitate such blighted areas;
(4) The conditions found in blighted areas cannot be remedied by the
ordinary operations of private enterprise with due regard to the general
welfare of the public, without public participation;
(5) The purposes of this article are to rehabilitate such areas by eliminating
blight and blight factors within all areas of the City for the protection
of the health, safety, morals and general welfare of the City; to
preserve existing values of other properties within or adjacent to
such areas and all other areas of the City; and to preserve the taxable
value of the property within such areas and all other areas of the
City; and
(6) The necessity and the public interest for provisions set forth in
this article are hereby declared as a matter of legislative determination
to be a public purpose and for the protection of the health, safety
and welfare of the residents of the City.
[12-9-2013 by Ord. No.
1359; 9-12-2016 by Ord. No. 16-003]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BUILDING MATERIALS
Means, but is not limited to, lumber, bricks, concrete or
cinder blocks, plumbing materials, electrical wiring or equipment,
heating ducts or equipment, shingles, mortar, concrete or cement,
nails, screws or other materials used for construction.
COMMERCIAL BUILDING
Any building or structure used for business purposes, including
but not limited to office, retail, service and/or industrial building
or structures.
DOMESTIC REFUSE
Food or animal waste and any waste consisting of combustible
materials, such as paper, cardboard, yard clippings, wood or similar
materials, generated in a dwelling. Domestic refuse shall be enclosed
in sealed trash receptacles and located where it is not visible from
any public street or sidewalk whenever possible, except during normal
collection schedules.
GARDEN
An area of ground established for the growth of fruits, vegetables,
herbs, shrubs or flowers.
JUNK
Means, but is not limited to, parts of machinery or motor
vehicles, tires, automobile seats, shopping carts, appliances, upholstered
furniture, remnants of wood, metal or any material of any kind whether
or not the material could be put to any immediate reasonable use,
or items not designed, manufactured, sold or intended for outdoor
use. "Junk" also includes unused swimming pools, boats, campers, travel
trailers, motorized homes, trailers of any type, and recreational
equipment or vehicles that are not maintained in good condition and
repair or are in an otherwise dilapidated condition.
JUNK VEHICLE
Any motor vehicle without current registration (unlicensed)
for a period in excess of 15 days and shall include, whether so licensed
or not, any motor vehicle which is inoperative for any reason. Junk
vehicles will be tagged for removal within 48 hours or may be issued
a fix-it ticket for certain lengths of time not to exceed 30 days.
LANDSCAPING
Those elements which enhance the appearance of land and buildings,
including lawns, trees, shrubs and flowers.
LAWN
Grass or sod to hold the earth and to prevent dust and/or
the establishment of noxious weeds.
NOXIOUS OR POISONOUS WEEDS
Includes Canada thistle (Cirsium arvense), dodders (any species
of Cuscuta), mustards (charlock, black mustard, and Indian mustard,
species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed
(Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary
alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum),
ragweed (Ambrosia elatior l.), and poison ivy (Rhus toxicodendron),
poison sumac (Toxicodendron vernix), or other plant which in the opinion
of the City is regarded as a common nuisance.
OPEN STORAGE
The storage or accumulation of items which are visible from
any public street, the sidewalk or from any adjoining property.
PARKING LOT
All areas set aside or designed for the parking of motor
vehicles or the loading and unloading of motor vehicles on the premises
or in conjunction with a shopping center and includes all driveways,
aisleways or other areas supplementary thereto.
PROPRIETOR
Every owner, lessee, tenant, or other person having the right
to possession of all or a portion of a shopping center or commercial
building. Where there is more than one such person, all shall be jointly
and severally obligated by the terms of this article.
SHOPPING CENTER
One or more commercial buildings, whether or not under common
ownership, which are operated as an entity or in cooperation with
one another and which have common parking facilities.
UNINHABITABLE STRUCTURE
Any structure located in any zoning district within the City,
which cannot be used for the purpose intended due to physical deterioration.
VACANT BUILDING
Any structure not in use or inhabited for the purpose intended.
[12-9-2013 by Ord. No.
1359; 9-12-2016 by Ord. No. 16-003]
It is hereby determined that the following uses, structures,
activities, and conditions are causes of blight or blighting factors
which, if allowed to exist, will tend to result in blighted and undesirable
neighborhoods and commercial areas. No person shall maintain or permit
to be maintained any causes of blight or blighting factors upon any
property in the City, whether owned, leased, rented, vacant, occupied,
or otherwise described. Following are causes of blight or blighting
factors:
(1) Open storage. Open storage or accumulation upon any property, street
or alley of:
a. Junk vehicles as defined in the article. Junk vehicles must be stored
within a completely enclosed building or removed from the premises.
If properly licensed and operable, a vehicle that is not currently
in use may be located in the driveway, or other approved off-street
parking area. Custom car covers are permitted on vehicles that are
licensed and operable, but not tarps or plastic sheeting.
b. Building materials unless such materials are for use in construction
occurring upon such property and such construction is occurring under
a valid and current building permit issued by the City.
c. Junk, trash, debris, rubbish or refuse of any kind, except domestic
refuse that is stored in a manner that does not create a nuisance
for a period not to exceed seven days.
(2) Exterior of structure. The exterior of any structure not maintained
as follows:
a. Address/unit number with a minimum height of four inches and a minimum
stroke width of 0.5 inch that contrasts with its background and is
visible from the public way.
b. No broken or cracked window panes; all windows fully glazed without
inserts/patches (including but not limited to cardboard or Plexiglas),
or unsightly plastic on or around the exterior of windows. Windows,
doors and open wall spaces shall not be boarded up for more than 30
days.
c. Wood surfaces are clean, stained or painted with no chipping or peeling
paint.
d. Exterior surfaces are clean and free from accumulation of dirt, grime,
or graffiti.
e. Exterior, including siding and roof, is in good repair without missing,
damaged or deteriorated materials, including, but not limited to,
shingles, siding, fascia boards, trim, shutters, porch skirting, or
similar appurtenances.
f. Roofs and roofing shingles are in good condition and not covered
with tarps or other materials in excess of 30 days if repairs are
being made.
g. Porches and stairs are stable and free of cracked boards or block
with no blankets, tarps, or unsightly plastic/vinyl sheeting hanging
on porches.
h. Materials used as a repair and/or replacement shall be of the same
or similar material, including size, shape and color and shall be
free from damage or defect.
(3) Structures. The following structures are not allowed:
a. Uninhabitable structures.
b. Vacant buildings not maintained in accordance with §
22-34(2). Vacant buildings must be kept securely locked to prevent entry thereto by the elements or by unauthorized persons.
c. Any partially completed structure unless such structure is in the
course of construction in accordance with a valid and current building
permit issued by the City and unless such construction is completed
within a reasonable time defined as 12 months from date of issuance
of building permit, along with any written extensions granted by the
Building Inspector.
(4) Landscaping. Landscaping not meeting the following:
a. Does not create a visual barrier, safety or environmental hazard,
contribute to conditions of erosion or blight or is a violation of
City codes.
b. Ground surfaces covered with a lawn, as defined in §
22-33, except a paved or graveled driveway, approved parking area (in accordance with City codes), or garden area.
c. Shrubs maintained in a healthy condition and trimmed in a manner
that provides a clear view of the front entrance and does not create
a visual barrier or hazard.
d. Lawn maintained to prevent the establishment of noxious or poisonous
weeds and vegetation with no accumulation of dead grasses, weeds,
brush, underbrush, or similar vegetation. If a weed barrier material
is used, it must be a product normally sold for that intended use,
such as landscape fabric.
e. Lawn mowed regularly so as to not exceed eight inches in height.
f. Maintaining that portion of land adjacent to the property between
the City sidewalk and curblines or edge of the roadway and the right-of-way
areas, including lawn extensions and public alleyways.
g. Trees on private property will be maintained in a healthy condition
and properly trimmed of dead or decaying limbs and not creating a
safety hazard.
(5) Commercial. The following are additional causes of blight or blighting
factors within commercial areas:
a. Buildings. The exteriors of all commercial buildings, or industrial
buildings, or buildings located in any shopping center shall be maintained
so as to present a neat and orderly appearance. There shall be no
broken windows, and all windows shall be fully glazed without inserts
or patches, painted surfaces shall be kept properly painted, block,
brick or other siding in good repair with no holes, loose or missing
pieces. There shall be no outside storage or display of any items
whether offered for sale, disposal, junk, junk automobiles, or otherwise.
Exterior paint/stain shall be free from chipping or peeling. Exterior
surfaces shall be clean and free from accumulation of dirt, grime,
or graffiti and all other appropriate measures shall be taken to properly
maintain the buildings. Where buildings within a shopping center are
owned by separate entities, the obligations of this section shall
fall only upon those persons responsible for the maintenance of the
particular buildings which are not being maintained in accordance
with this section.
b. Landscaping. Pursuant to this article, the proprietor shall install
and maintain landscaping on all areas of the shopping center or commercial
building premises not occupied by buildings, sidewalks, parking lots,
driveways and similar surfacing. The requirement of landscaping also
is specifically applicable to those parts of highway rights-of-way
adjoining the shopping center or commercial building premises and
not actually used for travel purposes. Landscaping shall consist,
at the minimum, of the establishment of a sod or other material to
hold the earth and prevent dust and the establishment of noxious weeds.
The proprietor shall maintain the landscaping and shall see that all
lawns are mowed regularly, shrubs are appropriately trimmed and noxious
weeds are eliminated.
c. Parking lots. Pursuant to this article, all parking lots shall be
provided with pavement having a permanent, durable and dustless surface
and shall be graded and drained so as to dispose of all surface water
accumulated within the area. All cracks, potholes or other breaks
in the parking lot surface shall be promptly filled and repaired by
the proprietor. The proprietor shall provide for snow removal services,
in order that the parking lot will be reasonably available for use
by the public.
d. Trash removal. Pursuant to this article, the proprietor shall provide
for the removal of all waste, trash, rubbish or refuse of all kinds
from the shopping center at regular intervals. Such intervals shall
not exceed one week, and trash collections shall be made more often
if necessary to prevent the accumulation of refuse so as to create
a nuisance. Between collections, the refuse shall be stored in covered
containers constructed in such a way as to prevent escape of the refuse.
Dumpsters and/or covered containers shall be kept enclosed or screened
on all sides.
e. Trash, rubbish or debris, loose. Pursuant to this article, the proprietor
shall be responsible for seeing to it that the premises of the shopping
center or commercial building, including the parking lot and specifically
including that part of any highway right-of-way adjoining the premises
and not actually used for the travel of motor vehicles, are kept free
of junk, trash, rubbish, debris or refuse of any kind. The proprietor
shall see to it that the premises are cleaned of such debris or refuse
or any such refuse which has blown on adjoining property at least
each day and shall take all reasonable steps to provide containers
for discards and to order his or her employees and encourage the public
to use them.
[12-9-2013 by Ord. No.
1359; 9-12-2016 by Ord. No. 16-003]
(a) The code enforcement administrator, or designees, shall enforce this
article and shall periodically inspect the City for causes of blight
or blighting factors within the City.
(b) The existence of any condition as described in §
22-34 shall be a blight violation, and the enforcement officer may cause the immediate issuance of a blight violation notice or citation. Reoccurrence of the same violation may result in additional blight violation citations for each day that the violation exists.
(c) Notwithstanding the issuance or nonissuance of a blight violation notice or citation, the owner and, if possible, the occupant of any property upon which any of the causes of blight or blighting factors as set forth in §
22-34, except §
22-34(4)d,
22-34(4)e,
22-34(4)f and
22-34(5)b may be notified in writing ("removal notice") to remove or eliminate such causes of blight or blighting factors from such property within the period of time designated in the notice as deemed appropriate by the enforcement officer. Such removal notice shall be served as provided in §
2-904(g) upon the occupant or owner. In addition, once the removal notice described in this subsection has been given, it shall be deemed sufficient notice for as long as the causes of blight described in the notice remain uncorrected. Additional time to remove the causes of blight or blighting factors may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
(d) Failure to comply with such notice by the owner and/or the occupant
for the removal of the causes of blight or blighting factors within
the time allowed may also constitute an additional blight violation
for every day past the date of removal designated in the notice.
(e) If the City Manager, or his or her designee, determines that blight
or blighting factors exist or the blight or blighting factors have
not been removed after service of the removal notice as set forth
in this article, the cause of the blight or blighting factors may
be removed by the City upon the direction of the City Manager, or
designee. In addition to all other remedies available, all of the
costs of removal of such blight shall be billed to the owner or occupant
of the subject property, and all invoices which remain unpaid for
more than 30 days may become a lien on the property and assessed as
a single lot assessment against such property.
(f) If a directive issued by the City Manager, or designee, pursuant to Subsection
(e) of this section involves the demolition of any dwelling or other structure and such order is not complied with within 10 days after its issuance, the City Council shall hear such report from the City Manager, or designee, regarding the determinations previously made in the matter and based on such report shall make its determination whether to proceed with the proposed demolition and to issue such resolution as the Council deems appropriate under the circumstances, including, but not limited to, the demolition of the structure by the City, and all of the associated demolition costs shall be billed to the owner or occupant of the subject property, and all invoices which remain unpaid for more than 30 days may become a lien on the property and assessed as a single lot assessment against such property. The owners of record title to the subject property, any lienholder and any land contract purchaser of such property shall be notified of the City Council hearing and shall be given the opportunity to be heard at the public hearing. Nothing in this subsection shall be construed to relieve the City Manager of his or her authority to order the immediate abatement or demolition of structures under emergency circumstances as otherwise provided in this Code.
[12-9-2013 by Ord. No.
1359; 9-12-2016 by Ord. No. 16-003]
(b) A blight violation notice for a violation of §
22-34(4)d,
22-34(4)e,
22-34(4)f and
22-34(5)b, if it is the first notice for the calendar year, may include a date, no more than five days after issuance of the blight violation notice, by which, if a violator removes or corrects the blight violation, the inspector may dismiss the blight violation notice.
(c) If a violation of §
22-34(4)d,
22-34(4)e,
22-34(4)f and
22-34(5)b is not remedied within seven days from the issuance of the blight violation notice, in addition to any other sanctions provided under §
2-903, the City may enter the property and remove the unlawful growth of weeds, brush, or grass without further notice. All of the costs of removal of such unlawful growth shall be billed to the owner or occupant of the subject property, and all invoices which remain unpaid for more than 30 days may become a lien on the property and assessed as a single lot assessment against such property, provided that the original violation is sustained following the procedure set forth in §
2-905 and all appeals are exhausted.