The City Council finds and determines as follows:
A.
In adopting
the ordinance codified in this chapter, one of the primary intents
is to promote voluntary compliance with the minimum property maintenance
standards set forth herein;
B.
The
City has an important interest in setting standards for the improvement
of the overall appearance and maintenance of properties in the City
because adequate maintenance and appearance promote property values
and improve the general welfare and quality of life of its citizens;
C.
There
exists a need for further emphasis, than currently exists, on property
maintenance and sanitation in that certain conditions, as described
herein, proliferate in different locations throughout the City. The
existence of the conditions as described in this chapter are injurious
and adverse to the public health, safety and welfare of the residents
of the City and contribute substantially and increasingly to the deterioration
and blight of residential neighborhoods, commercial areas and industrial
areas. Said conditions are declared to be public nuisances and violations
of this code, and constitute visual blight or result in conditions
which are harmful or deleterious to the public health, safety and
welfare;
D.
It is
appropriate to develop regulations that will promote the maintenance
of property and the enhancement of the livability, community appearance,
quality of life and the social, economic and environmental conditions
of the community. Such regulations shall serve to promote the health,
safety and general welfare of the public by requiring a level of maintenance
of property which will protect the habitability and appearance of
the City, and prevent the impairment of property values which result
from the neglect and deterioration of property;
E.
The
purpose of this chapter is to identify those conditions which are
offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property, or hazardous or injurious
to the health, safety or welfare of the general public in such ways
as to constitute a nuisance;
F.
Abatement
of these conditions is in the best interest of the health, safety
and welfare of the residents of the City because maximum use and enjoyment
of properties closely proximate to one another depends upon maintenance
of those properties at or above a minimum standard of sightliness.
The beneficial effects of maintaining standards of sightliness for
property in the City include, but are not limited to, appreciation
of property values, physical improvement and stability of residential
and commercial areas, attraction of investors of capital, and maximum
use of property for its highest and best use;
G.
It is
the intent of the City to impose minimum Citywide standards for property
maintenance;
H.
These
provisions are intended to exist separate and apart from any existing
community standards contained in any set of covenants, conditions
and restrictions, and are not intended to enforce those standards;
and
I.
This
chapter shall apply to all publicly owned property in the City, including
City property, to the extent allowed by law.
(Prior code § 5-900)
The meaning of the terms used in this chapter shall be the same as defined in Section 1.04.110.
(Prior code § 5-901)
The procedures set forth in this chapter constitute an alternative
procedure and are nonexclusive and do not, in any manner, limit or
restrict the City in the enforcement of other City ordinances or the
abatement of public nuisances in any other manner provided by law.
(Prior code § 5-902)
It is unlawful, and a public nuisance, for any responsible person,
to maintain or allow to be maintained, permit or cause the property,
including adjacent parkways, sidewalks or streets, to be maintained
with any of the following conditions which are visible from the street,
sidewalk, or public right-of-way:
A.
The
exterior accumulation of weeds, dirt, litter, rubbish or debris on
the property to such an extent that it constitutes visual blight.
This title and Title 15 of this code will continue to apply in situations
where weeds and rubbish on private property are not necessarily visible
to public view.
B.
Neglected
or inadequately maintained landscaping, trees, hedges, lawns, shrubs,
plants or other vegetation, which:
1.
Is
dead, decayed, diseased, debris laden, weed infested, overgrown, or
dying as a result of neglect, physical damage, disease, pest infestation
or lack of water;
2.
Is
overgrown as to be blighted or likely to harbor rats or vermin;
3.
Could
create a fire hazard or is otherwise dangerous to the public health,
safety and welfare;
4.
Interferes
with or impedes the flow of traffic, whether vehicular or pedestrian,
or obstructs visibility on streets, intersections, sidewalks or other
public rights-of-way; or
5.
Creates
a blighted appearance due to lack of water. Provided, however, that
the provision as to dead or dying vegetation due to lack of water
shall not be enforced during a drought, as determined by the City.
For purposes of this section, a lawn area shall be deemed overgrown
if 50 percent or more of its area exceeds six inches in height.
C.
The
parking of vehicles on lawns, vegetation, dirt, or any other surfaces
which are not paved and graded so as to eliminate dust or any mud
and drained as to dispose of all surface water per the City's standard
specifications on file.
D.
The
removal or failure to maintain in good condition any fencing required
as a condition of any permit or development approval or included in
the project plans or application, as approved by the City, including,
but not limited to, those fences which abut major thoroughfares, sound
walls or those fences required by a use permit. In addition, any required
fence must be maintained consistent with and/or match the materials
used when the fence was originally constructed.
E.
Buildings,
windows, doors, walls, fences, trash enclosures, parking areas or
other structures, which are:
1.
Significantly
cracked or broken, fallen, decayed, dry-rotted, warped, deteriorated,
defective, defaced, in disrepair or missing components, or which either
(a) threaten structural integrity, or (b) results in a dilapidated,
decaying, disfigured, or partially ruined appearance to such an extent
that they contribute to blight or threaten the public health, safety
or welfare;
2.
Fences
which are leaning or listing more than 15 degrees from perpendicular
or are in danger of collapse due to the elements, pest infestation,
dry rot, lack of maintenance or other damage;
3.
Poorly
maintained so as to become so defective, blighted, or in such condition
of deterioration or disrepair that the same causes depreciation of
the values of surrounding property or is materially detrimental to
nearby properties and improvements.
F.
The
existence of indoor plumbing fixtures, (including but not limited
to toilets or sinks) appliances or furniture, excluding lawn and patio
furniture.
H.
Lumber
which has been present on the property for more than 180 days (excluding
stacked firewood or lumber for a construction project on the property
with a current valid permit), junk, trash or salvage materials (including,
but not limited to, auto parts, scrap metals, tires, concrete, bricks,
cans, bottles and plastic materials).
I.
Broken
windows constituting blighted or hazardous conditions or which invite
trespassers and malicious mischief.
J.
Property
otherwise maintained in such a blighted condition, or in such condition
of deterioration or disrepair that the same causes appreciable diminution
of the property values of surrounding properties or is materially
detrimental to proximal properties and improvements.
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In addition to any other remedy provided by law, the provisions of this section may be enforced in accordance with any of the procedures set forth in Title 1 of this code.
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(Prior code § 5-903)
