The purpose of this "Adopt-a-Lot" program ("Adopt-a-Lot" or "program") is for the cleaning and beautification of City-owned lots. The lot is permitted to be used to plant a floral or vegetable garden only. No other activities can be conducted on the lot. The adopter is required to properly keep up with the maintenance of the lot, which means that grass should be cut and the yard cleaned. The vegetable and/or flower gardens are to be kept neat and maintained, watered as necessary, and removed if/when they die at the end of the growing season. The City has the sole discretion to determine which City-owned lots are subject to the "Adopt-a-Lot" program.
[HISTORY: Adopted by the City Council of the City of Salem 3-17-2025 by Ord. No. 25-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Chapter 235 but was renumbered to maintain the organization of the Code.
Salem City residents, who have reached the age of 18, or Salem City based organizations or groups, may petition to the Department of Inspections of the City of Salem to participate in the Adopt-a-Lot program and adopt a lot adjacent to a lot the Applicant may own or rent.
Any individual, organization or group interested in applying for the Adopt-a-Lot program shall complete a form setting forth the address of the lot for which it desires to become responsible and:
A.
The names and addresses of all participants, either on an individual or group basis.
B.
Explanation for why the individual or group would like to participate in the Adopt-a-Lot program.
C.
Applicants shall identify a plan for the continuous care, maintenance, and use of the lot.
D.
Applicants shall have no outstanding violations on any property owned by them in the City of Salem.
The application shall be reviewed by the Department of Inspections of the City of Salem and forwarded to any other appropriate departments or personnel of the City for review and comment as to the feasibility and compatibility of the individual, organization or group participating in the Adopt-a-Lot program.
At all times, the City of Salem maintains full and continuous legal ownership of the adopted City-owned lots under the Adopt-a-Lot program. The City's approval of an Adopt-a-Lot shall not be intended or construed as a grant to adopter of any ownership interest in the subject City-owned lot(s).
The City Council, after receipt and review of reports of the proper departments of the City of Salem, will adopt a resolution authorizing the individual, organization or group to begin a program of care and maintenance of said lot(s).
After a period of not less than six months, the individual, organization or group who has petitioned the City of Salem shall request the City Council and the appropriate departments of the City to review its actions over a six-month period, and the departments of this City shall then report their findings to the governing body. After the governing body has received the reports of the departments who have reviewed and inspected the work efforts and after City Council, or a committee of Councilpersons, shall review the area, it shall then be recommended to the governing body for the adoption of a resolution to post said lot as an "adopted lot" and shall then commend the individual, organization or group for its efforts.
If a lot is adopted after the procedures have been followed, as set forth herein, an appropriate sign shall be erected in a prominent place displaying the fact that this lot has been adopted under this program and has qualified as a lot appropriately cared for and maintained by the adopters.
No individual, organization or group who performs any work or services under this program shall be deemed to be an employee of the City of Salem, but merely volunteers at all times, and the City shall be held harmless from any negligent or careless acts of the individual, organization or group in the performance of any functions under the program.
The City shall not provide any tools, equipment, supplies, or personnel for this program. Any and all tools, equipment or supplies shall be furnished by the volunteers. The City shall not provide any maintenance or reimbursement for tools, equipment or supplies used by any volunteers.
A.
A license agreement between the adopter and the City shall be entered into for a term of two years, with optional renewal periods for a one-year duration based on the mutual consent from the City of Salem and at the discretion of the Department of Inspections. The City reserves the right to revoke the license agreement at any time.
B.
Periodic inspections will be performed by the City to verify an adopter's compliance with the ordinance and rules and regulations governing the Adopt-a-Lot program. If an adopter is found by the City to not be in compliance, the City can immediately revoke its Adopt-a-Lot designation without any prior notice.
C.
An Adopter cannot engage in or do the following activities upon the Adopt-a-Lot:
(1)
Park, store, repair or maintain any cars, trailer, boat, or any other vehicle;
(2)
Plant trees;
(3)
Place of store debris, construction materials, junk, excessive garden decorations, or personal belongings;
(4)
Create any compost piles;
(5)
Conduct any business transactions, for a fee, free or otherwise, of any kind on the adopted lot, including but not limited to: farmer's markets, auto sales or repairs, car washes, parking, dog parks, yard sales, etc.;
(6)
Rent, lease, sublet, sell, or assign the adopted lot to any person or organization;
(7)
Remove the City signage indicating the lot has been adopted;
(8)
Conduct religious services;
(9)
Serve or consume alcoholic beverages or any illicit or banned drugs;
(10)
Allow pets or any other animals to be housed, to roam freely, or to be unleashed. Pet owners must clean up after their animals;
(11)
Make any fire.
D.
Adopters shall further comply with the following:
(1)
Agree that no claim for ownership shall be asserted, either through abandonment by the City or by virtue of adverse possession.
(2)
Only non-permanent fencing may be installed around a vegetable or flower garden and not around the perimeter or on the boundary of the lot. Fencing cannot be higher than four feet.
(3)
An adopted lot can be removed from the program by the City at any time.
(4)
If the City sells any adopted lot(s) and the adopter is not the buyer of the lot(s), the adopter must immediately cease any and all activity on the lot(s).
(5)
Adopted lots shall be closed to the general public for all purposes, including activities or group congregations of any size for any purpose, except as may be specifically permitted to any person or group of persons by permit issued by the City.
(6)
Adopters must comply with all other applicable provisions of the Salem City Code.