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 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.
G. 
Public nuisances and attractive nuisances including but not limited to:
1. 
Abandoned, neglected, and broken equipment, vehicles, furniture, appliances or machinery;
2. 
Improperly fenced, unsanitary or otherwise hazardous pools, ponds and excavations.
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.
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.
(Prior code § 5-903)