The Council finds that there are numerous vacant lots in the County that are overrun with weeds, grass, trash and litter. The Subdivision Ordinance and the Grading Ordinance tend to control the problem, while subdivision is in process. Once the subdivision is completed and sold, the problem becomes difficult to control unless the owner of each lot is aware of the problem and properly maintains the vacant lot. The lack of maintenance of vacant lots has been a continuing and recurring problem for the Council. Vacant lots with trash or dry vegetation are health and fire nuisances. The purpose of this Article is to impose upon the owner or person in control of a vacant lot the duty to maintain the lot in such a condition as to prevent the lot from becoming a fire, health, or sanitation nuisance.
(Ord. No. 303, May 20, 1977; Sec. 22-9.1, 1978 Cumulative Supplement; Ord. No. 403, November 20, 1980)
When used in this Article the following words or phrases shall have the meaning given in this Section unless it appears from the context that a different meaning is intended:
"Cut"
shall mean to trim, sever, shorten, reduce, mow, slash, or to otherwise control and dispose of weeds on property.
"Garbage"
shall mean all animal and vegetable refuse or waste.
"Maintenance Superintendent"
shall mean the Superintendent, Maintenance Division, Department of Public Works of the County.
"Nuisance"
means anything done or not done that should be done that causes damage, injury, inconvenience, annoyance or discomfort to another in the reasonable enjoyment of his or her right of property or person.
"Owner"
shall mean the fee simple owner, lessee of record, personal representative, receiver, trustee, property management agent, or any other individual who has control or possession of privately owned property.
"Property"
shall mean vacant lots in residentially zoned areas of R-4 or higher density.
"Remove"
shall mean to move, displace, shift, take away, haul or otherwise transfer garbage, trash and waste from property.
"Trash"
shall mean rubbish such as feathers, ashes, tin cans, paper, rags, boxes and glass and other nongarbage waste or refuse.
"Vacant"
shall mean unimproved and unoccupied.
"Waste"
shall mean any object, substance or thing, of whatever kind of character, which, for any reason, may be or may have been thrown away, discarded, or abandoned such as, but not limiting the generality of the foregoing:
(1) 
Refrigerators, ranges, furniture, fixtures and other similar household items;
(2) 
Vehicles, machinery, farm equipment, construction equipment, scrap iron of all kinds or any other similar item;
(3) 
Debris from demolished structures or buildings;
(4) 
Bulky wastes discharged by mercantile, industrial and other establishments; and
(5) 
All garbage and trash other than as defined in this Section.
"Weeds"
means vegetation of such nature, which has reached such growth, and is present in such quantity, that it constitutes a substantial risk of one (1) or more of the following nuisances:
(1) 
The vegetation, when dry, is or will be a fire hazard.
(2) 
The vegetation is, or is naturally suited as, a sheltering or breeding place for rats, mice, mosquitoes or other vermin or noxious insects.
(3) 
The vegetation overgrows or spreads upon abutting property.
(Ord. No. 303, May 20, 1977; Ord. No. 403, November 20, 1980)
(a) 
Duty of Owner. The owner of vacant property shall at all times maintain the property free of weeds, garbage, trash and waste that contribute to nuisance or hazard to health, safety or welfare of the neighborhood.
(b) 
Determination of Nuisance or Hazard. The Maintenance Superintendent shall, upon receipt of a written complaint that a violation of this Article exists, inspect personally or by any employee of his or her division the vacant property cited in the complaint. The determination of the Maintenance Superintendent that a violation exists shall be prima facie evidence of a violation of this Article.
(Ord. No. 303, May 20, 1977; Sec. 22-9.2, 1978 Cumulative Supplement; Ord. No. 403, November 20, 1980)
(a) 
Notice to Remove. Upon notification by the Maintenance Superintendent that a violation exists, the County Attorney is hereby authorized and empowered to notify the owner of the property to properly cut and remove weeds, garbage, trash and waste located on such owner's property. Such notice shall be by certified mail, addressed to said owner at his or her last known address. A copy of said notice shall be posted on the property.
(b) 
Compliance Period. The owner of such property shall be given sixty (60) calendar days after receiving notice to complete the cutting and removal of said weeds, garbage, trash or waste as described in the notice.
(c) 
Form of Notice. The notice shall describe the work to be done and shall state that if the work is not completed within sixty (60) calendar days after notice is given, the owner will be subject to prosecution and a fine pursuant to Section 22-9.5.
(d) 
Maintenance Superintendent to Keep Record. The Maintenance Superintendent shall cause to be kept in his or her office a permanent record containing:
(1) 
A description of each parcel of property for which notice to cut and remove weeds, garbage, trash and waste has been given;
(2) 
The name of the owner, if known; and
(3) 
The date on which such notice was mailed and posted.
(Ord. No. 303, May 20, 1977; Sec. 22-9.4, 1978 Cumulative Supplement; Ord. No. 403, November 20, 1980)
Any person convicted of violating any provision of this Article shall be subject to a fine not less than twentyfive dollars ($25.00) and not more than five hundred dollars ($500.00). Each day after the lapse of the sixty (60) day notice period that the hazard remains uncorrected shall constitute a separate violation. Prosecution shall be through the Public Prosecutor's Office.
(Ord. No. 303, May 20, 1977; Sec. 22-9.5, 1978 Cumulative Supplement; Ord. No. 403, November 20, 1980)
This Article does not preclude other remedies available at law.
(Ord. No. 303, May 20, 1977; Ord. No. 403, November 20, 1980)