[HISTORY: Adopted by the Common Council of the City of Oneonta 2-21-2023 by Ord. No. 1-2023. Amendments noted where applicable.]
A.
No person, either as owner, lessee, agent, tenant or otherwise, of
any lot, land, premises or improved property in the City of Oneonta
shall cause or allow thereon garbage and refuse materials to become
a hazard to public health, safety or travel or to become a nuisance
of any sort.
B.
It shall be the duty and responsibility of all owners of property
in the City of Oneonta to ensure that:
(1)
Duties of property owners and occupants.
(a)
Providing and care of proper receptacles.
[1]
At properties containing any residential use, it shall be the
duty of the property owner to furnish receptacles, in compliance with
this code, to hold the garbage and refuse accumulations generated
by the residential users between the periods of collection. It shall
be the duty of the property owner and the occupant to keep the receptacles
covered at all times when in use with proper tight-fitting sturdy
covers, except while garbage and refuse is being put into such receptacles
or while the same are being emptied.
[2]
It shall be the duty of the property owner and the nonresidential
occupants of any property to furnish approved sturdy receptacles with
proper tight-fitting covers to hold the garbage and refuse accumulations
generated by the nonresidential users between the periods of collection.
It shall be the duty of the property owner and the nonresidential
occupant to keep the receptacles covered at all times when in use
with proper tight-fitting sturdy covers, except while garbage and
refuse is being put into such receptacles or while the same are being
emptied. Failure by the nonresidential occupant to comply with this
section shall require compliance by the property owner.
[3]
It shall be the duty of the property owner to ensure compliance
with this chapter.
A.
Requirements.
(1)
Receptacles shall be kept securely covered in such manner as to exclude
animals, pests and vermin and to prevent the accumulation of rainwater
and snow therein. Garbage containers, whether they contain garbage
or not, shall have a tight-fitting lid in place at all times. Tight-fitting
lids shall be placed back on all garbage containers as soon as possible
after garbage collection and, in any event, on the same day as collection.
(2)
Their contents shall be removed from the premises at least once weekly.
(3)
Receptacles must be kept in a good, clean and sanitary condition
free of leaks and dents which prevent tight closings and shall not
be permitted to have any ragged or sharp edges to hinder or harm the
person handling the contents thereof.
(4)
All garbage, with the exception of bulk items, shall be completely
contained in nonabsorbent, watertight, durable receptacles having
a tight-fitting lid in place. Plastic bags are not considered durable
receptacles. At no time shall plastic bags be used to house garbage
either on the property or at the curbside prior to garbage removal.
(5)
Bulk items shall be stored such that they are not hazardous; shall
not collect water; shall have no sharp edges or dangerous parts; and
shall be stored in compliance with this chapter.
(6)
All grounds on the exterior of the premises and all porch areas are
kept free from solid waste, and any litter that has been cast, blown,
thrown, put, placed, or accidentally dropped on the grounds, bushes,
or in trees, and allowed to remain on the grounds, bushes, or in trees
for 24 hours, shall be removed.
(7)
Any garbage remaining after scheduled pickup shall be removed within
24 hours of the scheduled garbage pickup.
(8)
Recyclable materials, their storage and disposal shall be in compliance
with this code as it relates to garbage and refuse.
(9)
Composting materials, so long as they are maintained in compliance
with this chapter, shall not be considered garbage. Composting areas
shall be maintained in a sanitary condition, shall be secured from
wildlife and shall be located in rear yards.
(10)
Burning of garbage by the householder, tenant or lessee shall be
prohibited.
(11)
It shall be unlawful for any person to strew or scatter the contents
of any receptacle containing garbage or refuse in a yard or on a lawn,
sidewalk street, waterway, stream, empty lot or other public or private
place in the City of Oneonta.
B.
Location. Garbage and refuse shall be kept in a condition that is
neat, sanitary and in such a place as not to constitute a nuisance.
(1)
Garbage receptacles, garbage and bulk items shall not be stored in
front yards or on or along the front facade of a structure, building
or property. For purposes of this chapter, "stored" shall mean located
in a general vicinity exceeding 24 hours.
(2)
Garbage receptacles and bulk items shall not be stored on tree lawns.
(3)
No person shall place any garbage and refuse material at or near
any curbing other than the curbline immediately in front of the property
from which such waste material was generated.
(4)
Any property that has public street frontage on multiple yards shall
store garbage receptacles out of the public view or on the rear yard.
C.
Bulk or household items shall not be stored in the public view.
Exceptions:
(1)
Garbage stored in accordance with this code.
(2)
Recyclable materials stored in accordance with this code.
(3)
Construction and demolition debris related to an ongoing construction
project with a valid building permit for a period of not more than
30 days. Debris shall be stored in a dumpster or compliant receptacles.
Materials that are not part of a valid construction project authorized
by a building permit shall not be stored in public view and shall
be deemed solid waste for the purposes of this chapter.
(4)
Residents may place reusable materials on the tree lawn for purposes
of informal scavenging, not to be observable for more than two successive
days (48 hours) per month or thirty-day period.
D.
Dumpsters shall be maintained in compliance with this code and shall
not create a public nuisance.
E.
Variance procedure for location issues. The Zoning Board of Appeals, as established by the City of Oneonta, shall hear and decide requests for variances from the storage location requirements of Subsection B of this section. In passing upon applications for such variances, the Zoning Board of Appeals shall consider all relevant factors related to the health, safety and welfare of adjacent residents and property owners.
F.
Receptacle standards.
(1)
Receptacles shall be sturdy, weather resistant, animal and pest proof,
upright and of plastic or metal and shall have overlapping and tight-fitting
covers.
(2)
Plastic bags shall not be considered a garbage receptacle.
(3)
No receptacle for household waste shall be larger than 50 gallons
or smaller than four gallons unless approved in writing by the City
of Oneonta Code Enforcement Office.
(4)
It is presumed that the contents of any garbage bag, plastic bag
or garbage receptacle stored in violation of this code is garbage.
G.
Storage of garbage receptacles in violation of this code. A first
offense shall result in a notice of violation to the individual or
entity on record at Otsego County Office of Real Property, or the
agent on file with the City of Oneonta Code Enforcement Office in
accordance with this code. The notice of violation shall include the
remedy process, cost and appeal described in this code.
H.
Additional violations in the same calendar year. If a garbage receptacle
is stored in violation of this code the City of Oneonta may remedy
the condition without additional notice if the individual or entity
on record at Otsego County Office of Real Property, or the agent on
file with the City of Oneonta Code Enforcement office has received
written notice of violation for improperly stored garbage receptacles
once in the same calendar year.
Exceptions:
A.
No person shall throw or place any refuse, paper, trash, snow, glass,
nails, tacks, wire, bottles, cans, yard trash, concrete, earthen fill,
garbage, containers or litter or other debris in any ditch, stream,
river or retention basin that regularly or periodically carries surface
water runoff. Any persons who deposits any of the above shall remove
it or shall cause it to be removed therefrom immediately.
B.
In the event that the City of Oneonta deems it necessary to bring
civil action to enforce the terms of this chapter, the violator shall
be responsible for all court costs and attorney fees incurred by the
City.
A.
Open storage of one or more inoperable, unlicensed, uninspected or
uninsured motor vehicles, as defined in this chapter, shall not be
permitted on private property within the City for a period of more
than two weeks. No vehicle shall at any time be openly stored in a
state of major disassembly, disrepair, or in the process of being
stripped or dismantled.
Exceptions:
C.
For purposes of this section, "stored" shall mean located on the
premises for at least 24 hours.
A.
All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches (254 mm). All
noxious weeds shall be prohibited. "Weeds" shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs
provided; however, this term shall not include cultivated flowers
and gardens. Premises situated at street intersections or on curved
streets shall be kept in such condition as to give a clear and unobstructed
view of the intersection or curve.
Exceptions:
(1)
This shall not be construed to prevent the raising of garden or cultivated
crops on farmlands or to unreasonably require the cutting of grass
and brush on undeveloped areas except within 200 feet of improved
properties and adjacent to public right of ways.
(2)
Natural woodlands or public parklands shall be considered an ornamental
or useful purpose.
B.
The area along public rights-of-way adjacent to or on the property,
including, but not limited to, the area between the front property
line or sidewalk and the curb or street pavement (tree lawn), shall
not for more than 24 hours fail to be maintained in a reasonably clean
and sanitary condition free of garbage and/or solid waste, with any
grass, weeds and brush in said area cut, removed or trimmed in compliance
with this chapter.
C.
The planting of annuals and perennials in the tree lawn shall be
allowed; however, the planting of trees and shrubs or changes to curbing,
elevations, grading, impervious coverage or hardscaping in these areas
shall not be permitted without the approval of the Public Works Director.
D.
Any person owning or having any ornamental trees or shade trees standing
or growing within the lines of any of the streets, sidewalks or public
places, the branches of which trees shall project or hang over such
streets, sidewalks or public places, shall keep such trees so trimmed
that the lowest branches shall not be within 12 feet from the ground.
E.
It shall be unlawful for any person to plant a poplar, willow, silver
maple or box elder tree within 100 feet of any public highway, sidewalk,
sewer, water main, gas main or watercourse within the City.
F.
It shall be unlawful for any person to have or maintain a poplar
or willow tree, the roots of which may penetrate over and under the
surface of a public highway, sidewalk or public place or within 100
feet of any sewer, water main, gas main or watercourse within the
City.
G.
The maintenance of City trees, including trees between the sidewalk
and curb, shall be left to the Department of Public Works or their
designee.
H.
Areas visible from the public right-of-way, including tree lawns,
covered with vegetation, grasses or landscaping shall not be replaced
with gravel or hardscaping. Any property that has public street frontage
on all yards may create hardscaping only in rear yards and only in
compliance with the City of Oneonta Municipal code.
I.
Tree lawns shall be maintained. The property owner shall be responsible
for, and shall repair to the specifications of the Public Works Director,
any damage to sidewalks, curbing or vegetation as a result of personal,
lessee, tenant or occupants use.
J.
The accumulation of brush shall not cause a nuisance, be stored in
a front yard, or encourage the harborage of vermin, pests or wildlife.
Brush shall not be stored on the tree lawn.
Exception:
(1)
Brush may be stored on the tree lawn in compliance with any brush
and yard waste collection program administered by the Department of
Public Works.
K.
In cases where the Board of Public Service finds that a property
is of such size or of such topographical characteristics as to make
compliance with this chapter impractical or a financial hardship to
the owner, the Board of Public Service may grant an exemption (or
a partial exemption to the extent dictated by the special circumstances)
from the requirement.
L.
Brush, trees, grass and vegetation in violation of this code. A first
offense shall result in a notice of violation to the individual or
entity on record at Otsego County Office of Real Property, or the
agent on file with the City of Oneonta Code Enforcement Office in
accordance with this code. The notice of violation shall include the
remedy process, cost and appeal described in this code.
M.
Additional violations in the same calendar year. If brush, trees,
grass or vegetation are in violation of this code the City of Oneonta
may remedy the condition without additional notice if the individual
or entity on record at Otsego County Office of Real Property, or the
agent on file with the City of Oneonta Code Enforcement office has
received written notice of violation for brush, trees, grass or vegetation
once in the same calendar year.
Exceptions:
A.
No furniture, access or occupancy shall be permitted on any roof
that has not been specifically designed for occupancy and does not
have guardrails meeting the State Building Code requirements at the
time of construction. Roofs shall be kept free of garbage, bulk items
and solid waste.
B.
The use, keeping, or storage of any furniture, including mattresses,
manufactured primarily for indoor use, shall be prohibited in any
front or side yard and on any unenclosed front or side porch. All
porches shall be kept free of garbage, solid waste and bulk storage.
C.
Porches, exterior structures and roof areas shall be maintained in
a safe, structurally sound and weathertight condition. Maintenance
shall include, but not be limited to, foundation walls, protective
coatings, individual components, windows, doors, fasteners and architectural
or decorative elements. All maintenance shall be done in a workmanlike
manner.
D.
Steps, walks, driveways, parking spaces, and other similar paved
areas in sidewalks, driveways, patios and tree lawns are maintained
so as to afford safe passage under normal use and weather conditions.
Paved areas shall be free from deterioration and missing or damaged
elements shall be repaired or replaced in a workmanlike manner.
E.
Fences and walls shall be maintained in a safe and structurally sound
condition. Maintenance shall include protective coatings, individual
components, fasteners and gates. All maintenance shall be done in
a workmanlike manner.
F.
All properties shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon.
G.
Structures and exterior property shall be kept free from rodent harborage
and infestation. Where rodents are found, they shall be promptly exterminated
by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to eliminate
rodent harborage and prevent reinfestation.
H.
Exterior property and premises shall be maintained in a clean, safe
and sanitary condition.
A.
Sidewalks shall be free from snow and ice for the full paved width
of such sidewalk, except during an active snowfall. It shall be the
duty of the owner and occupant of each and every parcel of real estate
in the City, abutting or bordering upon any street, avenue, highway
or other public place, to remove or cause to be removed all snow and
ice from the sidewalk in front of or adjacent to such premises to
the full paved width of such sidewalk before 9:00 a.m. of each day
following snowfall; provided, however, that where footways or sidewalks
have not been paved or duly established, snow and ice shall be removed
to a width of not less than four feet from that portion of the street
or way which is used in common as a footway in such street or way.
Failure to comply shall be punished as provided in this code. Each
day that a violation continues shall be considered a separate offense.
B.
Removal from roofs; duty of owner, occupant. It shall also be the
duty of the owner and occupant of any buildings abutting upon or near
to any public street, sidewalk or place so located that snow or ice
may fall from the roof thereof into or upon such street, sidewalk
or place to cause all snow and ice to be removed from such roof before
9:00 a.m. of each day or to provide suitable guards so that the ice
or snow shall not be discharged upon the sidewalk.
C.
When snow and ice on any sidewalk within the time period specified
in this code is frozen such that it cannot be removed without injury
to the sidewalk, it shall, within the time specified above be strewn
and kept strewn with ashes, sand, sawdust or other suitable material,
so as to be no longer dangerous to the public. As soon as practical
thereafter, the sidewalk shall be completely cleared of snow, ice
and other materials strewn thereon, as provided in this code.
D.
Whenever any owner or occupant of such parcel of real estate shall
fail or neglect to remove such snow and ice as aforesaid, the Board
of Public Service may have the snow and ice removed therefrom without
notice to such owner or occupant, and the cost of such removal, shall
be assessed against such property, and the same shall be levied, corrected,
enforced and collected in the same manner, by the same proceedings,
at the same time, under the same penalties, and having the same lien
upon the property so assessed as the general City tax and as a part
thereof.
A.
Property owners who do not reside in the City of Oneonta or an approved
adjacent municipality must file an agent form with the Code Enforcement
Office designating an agent to be responsible for all of the requirements
outlined in this chapter, and to accept service of process on behalf
of the property owner. Property owners residing within the City of
Oneonta or an approved adjacent municipality may delegate the requirements
outlined in this chapter to an agent so long as, at the time of any
violation of this subsection, an agent form is on file in the Code
Enforcement Office.
B.
The property owner and agent shall both be liable for violations
of this chapter, and the City may bring an enforcement action against
either the property owner or agent, or both.
C.
If a property owner who does not reside in the City of Oneonta or
an approved adjacent municipality fails to file an agent form with
the Code Enforcement Office within 30 days of the effective date of
this chapter, or if the current agent designated does not accept service
or denies agency, then the service by mail shall be deemed complete
upon mailing by certified letter a notice of violation to the property
owner. The owner shall be the individual or entity on record at Otsego
County Office of Real Property.
D.
All agent forms shall be filed using the form specified by the Code
Enforcement Office. The agent must be a resident of an approved municipality
or maintain regular daily business in the City of Oneonta. "Business"
shall be defined as regular employment within the City of Oneonta.
This shall be verifiable by employment documents provided to the Code
Enforcement Office. Post office boxes will not be accepted as addresses
for agents.
E.
The owner shall be responsible for informing the Code Enforcement
Office, in writing, of changes to the owner's and agent's
addresses and telephone numbers that occur after the owner files the
agent form with the Code Enforcement Office.
F.
The property owner may not designate a residential tenant as the
agent pursuant to this section, except where such designation is contained
in an employment agreement between the property owner and the tenant.
The employment agreement shall not be contained in the lease agreement
between the property owner and the tenant, and the tenant's acceptance
of designation as the agent shall not be a condition of the lease
agreement.
A.
Except as otherwise specified in this subsection, in any case in
which the City intends to correct a violation of this chapter and
then bill the property owner for the correction of the violation,
the Code Enforcement Officer or his/her designee shall notify the
owner of the property and, where relevant, the registered agent as
outlined in this Code, in writing, of any violation of this chapter.
Exceptions:
(1)
Failure to clear snow or ice from a sidewalk. Notice of such violation
or of the City's intention to remedy the violation shall not
be required prior to the clearing of such snow or ice as provided
for in this code; the invoice for such clearing shall constitute notice
of the violation and shall also state that the property owner may
contest the invoice by making a written appeal before the Board of
Public Service. Any cost associated with this action if not paid shall
be assessed and collected in the same manner, by the same proceedings,
at the same time, under the same penalties and having the same lien
upon the property so assessed as the general City tax and as a part
thereof. The charge to remedy any violation of this code may include
a 50% charge thereof for supervision and administration.
(2)
Storage of garbage receptacles. Notice of the City's intention
to remedy the violation shall not be required prior to remedy as provided
for in this code; the invoice for such remedy shall constitute notice
of the violation and shall also state that the property owner may
contest the invoice by making a written appeal before the Board of
Public Service. Any cost associated with this action if not paid shall
be assessed and collected in the same manner, by the same proceedings,
at the same time, under the same penalties and having the same lien
upon the property so assessed as the general City tax and as a part
thereof. The charge to remedy any violation of this code may include
a 50% charge thereof for supervision and administration.
(3)
Remedy of brush, trees, grass and vegetation. Notice of the City's
intention to remedy the violation shall not be required prior to remedy
as provided for in this code; the invoice for such remedy shall constitute
notice of the violation and shall also state that the property owner
may contest the invoice by making a written appeal before the Board
of Public Service. Any cost associated with this action if not paid
shall be assessed and collected in the same manner, by the same proceedings,
at the same time, under the same penalties and having the same lien
upon the property so assessed as the general City tax and as a part
thereof. The charge to remedy any violation of this code may include
a 50% charge thereof for supervision and administration.
(4)
The Code Enforcement Officer, upon complaint being made to them or
upon their own motion, shall, upon personal and direct knowledge of
the existence of garbage, refuse or solid waste being stored in violation
of this code for a duration of more than 48 hours, may cause such
premises to be put in such condition as will comply and shall charge
the cost thereof to the owner of said premises. Any cost associated
with this action if not paid shall be assessed and collected in the
same manner, by the same proceedings, at the same time, under the
same penalties and having the same lien upon the property so assessed
as the general City tax and as a part thereof. The charge to remedy
any violation of this code may include a 50% charge thereof for supervision
and administration.
(5)
Exceptional emergency conditions. In circumstances where a violation
of this code exists where a structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth and contamination,
or lacks sanitary facilities or poses an immediate and imminent threat
to the public health, safety or welfare, the Code Enforcement Office
may immediately cause such premises to be put in such condition as
will comply and shall charge the cost thereof to the owner of said
premises. Any cost associated with this action if not paid shall be
assessed and collected in the same manner, by the same proceedings,
at the same time, under the same penalties and having the same lien
upon the property so assessed as the general City tax and as a part
thereof. The charge to remedy any violation of this code may include
a 50% charge thereof for supervision and administration.
B.
Any notice required by this chapter shall be served in person or
by mail to the registered agent, owner or address appearing on the
City tax roll, requiring such person, within a time specified in such
notice but in no event less than five days from the service or mailing
thereof, to bring the premises in to compliance with this chapter.
Such notice shall also state that the property owner or registered
agent may contest the finding of the Code Enforcement Officer or designee
by making a written appeal to the Board of Public Service.
C.
The Code Enforcement Officer, upon the failure of such owner or agent
to comply with a required notice of violation within the time limited
therein, shall cause such premises to be put in such condition as
will comply and shall charge the cost thereof to the owner of said
premises. The Code Enforcement Officer may include a 50% charge thereof
for supervision and administration. The minimum charge to the property
owner for such work shall be an amount determined from time to time
by the Common Council.
D.
Bills rendered for bringing any premises into compliance with this
code shall be due 30 days from the date of such bills. Failure to
pay a bill within 30 days shall result in a late fee in the amount
of 20% of the penalty added to the amount due, such late fee is waivable
by the Director of Finance.
E.
The owner of the premises shall be held responsible and liable for
all charges for such service. In case of default of payment, any charges
will be collected in the manner provided for by the provisions of
the City Charter relating to the collection of general City taxes,
including the levy, correction, enforcement and collection in the
same manner and in the same proceedings at the same time, under the
same penalties, and having the same lien upon the property so charged
as such tax and as a part thereof.
F.
Any person who denies a violation of this code or is allegedly aggrieved
by the actions taken under this chapter may, within 10 days after
receipt of billing for said actions make a request, in writing, for
a hearing before the Board of Public Service, stating in detail the
reasons why such hearing is requested. Any such written request for
a hearing shall automatically stay further administrative enforcement
concerning the alleged violation pending such hearing. The decision
of the Board of Public Service, by majority vote, shall be binding,
subject to any further judicial review available to either the City
or the property owner.
A.
The Code Enforcement Officer or their designee is authorized to order,
in writing, the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of this chapter. When required, upon finding that any such condition
or activity exists, the Code Enforcement Officer or their designee
shall issue a violation order hereunder.
B.
The order shall include the following:
(1)
Be in writing.
(2)
Identify the premises.
(3)
Specify the violation and remedial action to be taken.
(4)
Provide a reasonable time limit for compliance in accordance with
this chapter.
(5)
State the time within which an appeal may be made.
(6)
A statement that if the violation is not remedied within the time
limit specified in the order, the Code Enforcement Officer or their
designee may remedy the violation and/or issue an appearance ticket
and/or take additional legal action to remedy the violation.
C.
A violation order may be served as follows:
(1)
By personal service.
(2)
By mailing, by registered or certified mail, to the registered agent,
owner or address appearing on the City tax roll, in accordance with
this chapter.
(3)
If no person has filed with the Code Enforcement Office the name
and address of the owner, lessor or their respective agent upon whom
an order may be served, as provided in this chapter, by posting a
copy of the violation notice in a conspicuous place on the premises
and by mailing another copy to the premises, on the same day as posted,
enclosed in a postpaid wrapper addressed to the owner, lessor or their
respective agent.
A.
After the time for correction is passed, there shall be a reinspection,
for which a reinspection fee may be charged. If the violation is not
corrected, the inspector may schedule a time for one or more reinspection,
each of which may not commence sooner than five calendar days from
the date of the last inspection, to determine whether the violation
is corrected. If reinspection of the building or premises are required
because violations remain uncorrected, a separate reinspection fee
may be charged for each such reinspection in accordance with the inspection
fee schedule then in effect. Notice for reinspection shall follow
the same requirements as a notice of violation.
B.
If the violation is not corrected, the inspector may remedy the violation
in accordance with this chapter and may refer the matter to the City
of Oneonta Prosecutor for legal action.
C.
Failure to pay a bill within 30 days shall result in a late fee in
the amount of 20% of the penalty added to the amount due; such late
fee is waivable by the Director of Finance.
D.
The owner of the premises shall be held responsible and liable for
all charges for such service. In case of default of payment, any charges
will be collected in the manner provided for by the provisions of
the City Charter relating to the collection of general City taxes,
including the levy, correction, enforcement and collection in the
same manner and in the same proceedings at the same time, under the
same penalties, and having the same lien upon the property so charged
as such tax and as a part thereof.
A.
Appearance tickets. Notwithstanding any contrary Code provision,
appearance tickets may be issued by the Code Enforcement Officer and/or
his/her designee(s) charging violations of this chapter or whenever
there is probable cause to believe that said violations have occurred.
Any rights to administrative appeals to any board or commission of
the City of Oneonta mentioned elsewhere in this Code shall not apply
as a condition precedent to issuing an appearance ticket charging
a violation of this chapter. Any right to an administrative appeal
from a decision or determination of the Code Enforcement Officer or
other City official with regard to the above Code chapter and section
shall apply only in cases in which the City intends to correct the
violation and seek to charge the property owner or agent for the costs
of correction. Service by first-class mail of an appearance ticket
to the property owner at the property address or other address indicated
by the owner, or if an agent has been designated, shall be deemed
complete.
B.
Each violation of this chapter, and each day during which a violation
continues, shall be deemed to be a separate violation. Failure to
comply with a violation order, within the time limit stated therein,
shall constitute an offense. A person convicted of an offense shall
be punished by a fine not to exceed $1,000 or by imprisonment for
a period not to exceed one year, or both. Failure to comply with a
violation order, after such time limit, may constitute a separate
offense for which the aforesaid penalties may be cumulatively imposed.
C.
The City Attorney or his or her designee may commence an action or
special proceeding against the violator in a court of competent jurisdiction
to collect any penalties, together with costs, disbursements and recoverable
attorneys' fees, and/or to compel compliance with or restrain
by injunction any such violation.
D.
In the event a defendant property owner or representative does not
answer a ticket within six months of the court date specified on the
summons, the court having jurisdiction shall enter a default plea
of guilty on behalf of the defendant property owner and render a default
judgment of the fine specified in this section. Upon motion by the
defendant property owner with good cause for the default shown and
a meritorious defense asserted, the court shall vacate the default
plea of guilty. Mailing the summons to an address other than the one
specified in the Code Enforcement Office file shall also be grounds
to vacate the default plea of guilty.
As used in this chapter, the following terms shall have the
meanings indicated:
The act of caring for or raising of plants through the destruction
of weeds and grasses. This definition includes preparation, planting
and maintenance of annual and perennial plantings.
Includes both combustible and incombustible waste materials,
such as waste of meat, fish, fruits, vegetables or vegetable matter,
including tin cans that have contained food material, and paper, wood,
leather, cloth or any other combustible matter, ashes, glass, metals
or other incombustible refuse. This term shall also include bulk items
such as vehicle tires, household appliances, furniture, machinery,
construction waste and demolition waste.
A vehicle that cannot be driven upon the public streets for
reason including but not limited to being unlicensed, uninspected,
wrecked, abandoned, in a state of disrepair, or incapable of being
moved under its own power.
