[Ord. No. 2020-3; 7-14-2020]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
In addition to those definitions contained in applicable
State Statutes, State codes, other ordinances adopted by the City
or as contained in binding case law decisions, refers to any item
which has ceased to be used for its designed purpose. The following
factors, among others, will be considered in determining whether or
not an item has been abandoned:
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 Code Enforcement Official in his/her judgement shall
determine is necessary in the interest of the general health, safety
and welfare of the community.
A Merriam Woods Police Officer, Merriam Woods City Official
or employee as may designated by the Board of Aldermen to enforce
property and premises maintenance and other City Code violations as
authorized herein.
That from which essential equipment, parts or contents have
been removed or stripped and the outward appearance verifies the removal.
Defacement, damage or destruction by the presence of paint,
ink, dye or other similar substances; or by carving, etching or other
engraving.
Incapable of functioning or producing activity for mechanical
reasons or other reasons.
Any vehicle which does not properly display license plates
or stickers indicating current registration and has any one or more
of the following characteristics:
Lacks engine, wheel, tire(s) properly installed battery or other
parts which render the vehicle inoperable for use as designed by the
manufacture.
Has a broken or missing windshield or missing windows.
Has a missing door, bumper, hood, driver's seat or other similar
structural piece.
Has become or has the potential to become the breeding ground
or habitat of rats, mice, snakes, mosquitoes or vermin.
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 vehicles gas or
fuel tank.
Has become a potential source of contamination of the soil from
petroleum products or other toxic liquids being discharged or leaking
from the vehicle.
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.
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:
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, or an owner residing on the property.
The registered owner of a vehicle; the person to whom property
tax is assessed on real or personal property as shown on the last
equalized assessment roll of the County.
Any mechanical, structural, body or decorative part of any
vehicle, machinery or trailer.
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.
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. 2020-3; 7-14-2020]
The Board of Aldermen in recognition of its duty to provide
for the health, safety and well-being of the citizens of the City
of Merriam Woods affirms the need to prevent and eliminate 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 prevented, suppressed and/or eliminated by ordinances; and
the expenses for abating these nuisances may be assessed against the
owner and/or occupant of the property and against the property on
which said nuisance is committed and a special tax bill and/or lien
may be issued against said property for said expenses.
[Ord. No. 2020-3; 7-14-2020]
A.Â
The
Board of Aldermen does herby find and declare that it is necessary
to provide for the abatement of conditions which are detrimental to
property values, community appearance, and 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.Â
To safeguard the health, safety and welfare of the citizens of the
City by maintaining exterior property in good and appropriate condition;
2.Â
To promote a sound and attractive community appearance; and
3.Â
To enhance the economic value of the City, and each area in it, through
the regulation of the maintenance and conditions of property.
B.Â
Accordingly,
the Board of Aldermen declares that the purposes of this Chapter are
to:
1.Â
Reduce the threat to health, safety, welfare, appearance and economic
value to decline by lawfully delineating the circumstances under which
such conditions are considered unlawful and/or must be abated; and
2.Â
Further declares that abatement of such condition 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. 2020-3; 7-14-2020]
A.Â
The
provisions of this Chapter do not regulate or place limitations on
any properly zoned junkyard, salvage dealer or waste facility holding
valid licenses and/or other necessary Federal, State or municipal
permits.
B.Â
The
provisions of this Chapter do not prohibit the proper storage of idle
but operable recreational vehicles, boats or lawn mowing equipment.
C.Â
The
provisions of this Chapter do not prohibit the orderly storage of
firewood.
D.Â
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. 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.
[Ord. No. 2020-3; 7-14-2020]
A.Â
The
Mayor and Board of Aldermen hereby assign the duties of administering
this Chapter as follows:
1.Â
The Code Enforcement Official as defined in Section 215.010 herein shall have the duty, responsibility and authority to enforce this Chapter in any manner authorized herein or by any other law, including but not limited to issuance of citations, civil actions and abatement activity.
2.Â
For the purposes of inspections and/or enforcement of the provisions
of this Chapter, the Code Enforcement Official or appointed designee
(by the Mayor and Board of Aldermen) shall be authorized and permitted
to enter upon the property of another without being considered trespassers.
3.Â
All inspections and enforcement actions, unless expressly stated
to the contrary, shall be under the direction of the Code Enforcement
Official or appointed designee to perform duties as may be necessary
to enforce the provisions of this Chapter, including, but not limited
to, abatement activity, work orders, nuisance removal, vegetation
removal, mowing, etc.
[Ord. No. 2020-3; 7-14-2020]
A.Â
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.Â
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.
2.Â
Any condition which provides harborage for rats, mice, snakes, other
vermin, or breeding of insects.
3.Â
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage or industrial waste.
4.Â
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 (1Â 1/2) cubic feet 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 Subsection shall apply to any icebox refrigerator
to other airtight or semi-airtight container located in that part
of a building occupied by a dealer, warehouseman or repairman of such
products.
5.Â
All furniture, machinery, discarded containers or any 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.
6.Â
To permit, cause, keep, maintain or allow a fence or partitioning
containing barbed wire, razor wire, electric wire or razor ribbon
fencing in any residential or commercially zoned district.
7.Â
Dismantled, non-licensed, inoperable or junk vehicles as defined
herein.
8.Â
Bricks, shingles, building materials, salvage materials, including
but not limited to auto parts, scrap tires and any other trade materials
stored, deposited, dumped discarded and/or abandoned on any section
of property.
9.Â
Buildings, structures or other surfaces upon which graffiti exists.
10.Â
Any flammable material which may endanger public safety.
11.Â
All substances or things, which cause an odor disagreeable to the
surrounding neighborhood. 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.
12.Â
Ashes, sloop, filth, excrement, stones, straw, soot, rubbish, manure,
and/or stagnant water, decaying animal matter, decaying fruit or vegetable
matter, wrecks or parts of worn-out vehicles or machinery, scrap iron
or other metal, cans, bottles, broken glass, discarded wearing apparel,
dead animals or any other offensive or disagreeable substances or
thing, dilapidated buildings or building materials which may be offensive
to the sight or smell or a menace to health, safety, peace or comfort,
or which may be or be or become harbors of breeding places for mosquitoes,
ants, flies, rats, mice or other vermin, animals or insects, or which
may provide shelter, food or protection for rodents, whether left
or deposited upon private premises or vacant lots or upon any public
property.
13.Â
All mud, dirt, rocks or debris from construction sites, fields or
pastures which fall on City streets from the loads, tires or bodies
of vehicles driven from said sites onto City streets. Developers and
contractors are required to provide the City with a route plan or
construction traffic in and out of new subdivisions and development
sites. Failure to do so will be a violation of this Code.
14.Â
Any vehicle operable or not, parked off street in a residential district
in a space not complying with the definition of "parking space" in
the Ordinances of the City. In addition to the vehicle capacity of
a residence, including garage space and driveway space, one accessory
space may be designated. This space must be constructed out of three-fourths-inch
base rock, asphalt or concrete. If constructed of base rock, it must
be bordered with landscaping timber.
15.Â
The storage of tires, new or used, exposed to the elements in part
or in their entirety is prohibited. They may not be used in a decorative
manor nor stored for use in the creation of decorative items.
16.Â
Loud Sound Amplification System.
[Bill No. 169, 10-14-2008]
a.Â
No person operating or occupying a motor vehicle on a street, highway,
alley, parking lot or driveway shall operate or permit the operation
of any sound amplification system from within the vehicle so that
the sound is plainly audible at a distance of fifty (50) or more feet
from the vehicle.
b.Â
For purposes of this Subsection, the term "sound amplification system"
means any radio, tape player, compact disc player, loudspeaker or
other electronic device used for the amplification of sound.
c.Â
For the purposes of this Subsection, the term "plainly audible" means
any sound produced by a sound amplification system from within the
vehicle, which clearly can be heard at a distance of fifty (50) feet
or more. Measurement standards shall be by the auditory senses, based
upon direct line of sight. Words or phrases need not be discernible,
and bass reverberations are included. The motor vehicle may be stopped,
standing, parked or moving on a street, highway, alley, parking lot
or driveway.
d.Â
It is an affirmative defense to a charge under this Subsection that
the operator was not otherwise prohibited by law from operating the
sound amplification system, and that any of the following apply:
(1)Â
The system was being operated to request medical or vehicular
assistance or to warn of a hazardous road condition.
(2)Â
The vehicle was an emergency or public safety vehicle.
(3)Â
The vehicle was owned and operated by the City or a gas, electric,
communications or refuse company.
(4)Â
The system was used for the purpose of giving instructions,
directions, talks, address or lectures or transmitting music to any
persons or assemblages of persons in compliance with ordinances of
the City.
(5)Â
The vehicle was used in authorized public activities such as
parades, fireworks, sports events, musical productions and other activities
which have the approval of the department of the City authorized to
grant such approval.
e.Â
Any ambulance, any officer of the law while engaged in necessary
public business, or any vehicle of the City while engaged in necessary
public business shall be excepted from the terms and prohibitions
contained in this Subsection.
[Ord. No. 2020-3; 7-14-2020]
A.Â
It
is unlawful for any owner or occupant having control of any lot or
land or any part thereof in the City 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.Â
Any
person who shall cause, create or maintain 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. 2020-3; 7-14-2020]
A.Â
Upon
verification of a reported nuisance violation within the City, the
Code Enforcement Official shall provide a written notice to correct
or abate. If the violation is on private property, proof that a person
occupies the property, or that a person has possession or right to
possession of the property, shall constitute prima facie evidence
for the purposes of this Chapter that such person has caused, maintained
or permitted the violation and such person shall be responsible for
its abatement. If the property is vacant, evidence as to the record
title owner from the County Recorder's Office shall be prima facie
evidence for the purpose of this Chapter that the owner has caused,
maintained or permitted the violation, and such person shall be responsible
for its abatement. The following methods of service of the written
notice to abate shall be deemed adequate:
1.Â
By personal service upon the owner or occupant of the property upon
which the nuisance exists or upon the person or persons or other responsible
party causing or maintaining the violation.
2.Â
By sending the notice by certified mail to the last known address
of the owner, occupant or person causing or maintaining the nuisance.
3.Â
By publishing the notice once a week for two (2) consecutive weeks
in a newspaper of general circulation in the City, or by posting the
notice in a conspicuous place on the property or building whereupon
the nuisance exists.
