[HISTORY: Adopted by the Board of Trustees of the Village of Norwood 4-21-1997 by L.L. No. 1-1997; amended in its entirety 1-15-2019 by L.L. No. 1-2019. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 63.
Unsafe buildings — See Ch. 66.
Uniform construction codes — See Ch. 72.
Streets and sidewalks — See Ch. 160.
Abandoned or inoperable vehicles — See Ch. 185.
Outdoor woodburning furnaces — See Ch. 197.
The purpose of this chapter is to provide a minimum standard for the maintenance of the exterior grounds of property located within the Village in order to promote and preserve the health, welfare and property of residents of and owners of property located in the Village of Norwood. This chapter is designed to promote environmentally safe residential neighborhoods, business and commercial districts by prohibiting and regulating actions undertaken by property owners, their agents, tenants and occupants which could potentially create and cause environmental degradation of land and water within the Village. The adoption and enforcement of this chapter is intended to serve as a deterrent to substandard property maintenance.
As used in this chapter, the following terms shall have meanings indicated below:
GARBAGE
Food wastes, food wrappers, containers, nonrecyclables or other materials resulting from the use, consumption and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags or glass, etc., or any other wastes generated from day-to-day activities of a household, business or public or quasi-public facility.
GROUNDS AND EXTERIOR PROPERTY
Any area of a building or lot, excluding porch areas, not enclosed within the walls of a building, including public rights-of-way, sidewalks and the areas between sidewalks and streets, which are adjacent to a property.
PORCH AREA
Includes any open and/or partially enclosed porches or decks as well as entrances and/or exits which are in the public view.
PUBLIC VIEW
Areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties.
SOLID WASTE
Includes materials or substances that are discarded as being spent, worthless or useless, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded motor vehicles, discarded household and commercial appliances and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria:
A. 
The object produces an offensive smell.
B. 
The object is of a type designed for interior use or made of materials which are suitable only for the interior use, and the object is left outside and exposed to precipitation.
C. 
The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to render the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose.
TRASH RECEPTACLE
A container that is nonabsorbent, watertight, and durable having a tight-fitting lid in place. Plastic bags are not considered durable containers.
WEEDS
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.
The grounds and exterior of all premises located within the Village shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Village. The appearance of grounds and exteriors shall not constitute a blighting effect upon neighboring properties nor an element leading to progressive deterioration or downgrading of neighboring properties. Without limiting the foregoing, all owners, agents, tenants and occupants shall adopt the following practices:
A. 
The owner, agent, tenant or occupant shall keep all and every part of the premises which he owns and the steps, walks, driveways and parking areas in a clean, sanitary and safe condition and free from litter, debris, paper, solid waste, garbage and junk.
B. 
Disposing in a clean and sanitary manner all garbage, refuse and debris. Solid waste or garbage, other than garbage stored in a trash receptacle as defined above, is not to be stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for no more than 30 days or by special exception by the Code Enforcement Official.
C. 
Residents may place reusable materials on the front lawn for purposes of informal scavenging. Such materials shall not be in public view for more than two successive days.
D. 
Strong, waterproof plastic bags may be used to place garbage at the roadside on the day of collection.
E. 
All premises and immediate exterior property shall be maintained free from weeds in excess of 10 inches. All noxious weeds shall be prohibited.
F. 
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
G. 
Surface and subsurface water shall be drained to prevent damage to buildings and structures and to prevent development of stagnant water. Gutters, culverts, catch basins, drain inlets, stormwater sewers and sanitary sewers or other satisfactory drainage systems shall be utilized. In no case shall the water from any rain leader be allowed to flow over a sidewalk, driveway, public roadway or upon adjoining property.
H. 
Fences and retaining walls shall be maintained in a safe condition.
I. 
In the case of multifamily premises and commercial premises, steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Within 24 hours after the cessation of snowfall, snow shall be plowed or shoveled from all steps, walks and driveways used or intended to be used by tenants, occupants, customers, invitees or other members of the public.
J. 
No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways so as to interfere with the use of such streets or highways or with the use of any other premises.
K. 
Dead or incurably diseased trees shall be taken down, and the diseased portion thereof removed and destroyed. Trees shall be kept pruned, and dead wood one inch or more in diameter shall be removed.
L. 
Undergrowth and accumulation of plant growth which are noxious or detrimental to health shall be eliminated or removed. Hedges and shrubs shall be kept pruned or trimmed. Grass shall not be permitted to exceed six inches in height.
The following conditions are hereby declared to be nuisances and the maintenance of such nuisances is hereby prohibited within the Village of Norwood. It shall be unlawful for any owner of real property within the Village or the agent of such owner, tenant or occupant of any premises and/or any person, firm or corporation lawfully occupying any real property within the Village to permit:
A. 
Conditions which are dangerous to human life and health.
B. 
Weeds, brush or any portion of said growth to obtain a height in excess of 10 inches.
C. 
Uncut grass to obtain a height in excess of six inches.
D. 
Accumulations of garbage or solid waste or rubbish.
E. 
Boats or motor vehicles or portions thereof to be parked or stored for unreasonable periods of time or to be parked or stored if it is abandoned, wrecked, dismantled, junked or substantially damaged and is not intended to be used or in no condition for legal use upon the public highway. (See also Chapter 185.)
F. 
A building or structural part or cellar thereof which does not provide adequate means of egress or is not sufficiently supported, ventilated, sewered, drained or cleaned.
G. 
Whatever renders soil, air, water, or food impure or unwholesome.
H. 
Slaughterhouses, privies, hogpens, accumulations of dung or manure, carcasses, swill, brine, pigeon coops, urine of animals or any stinking, obnoxious, offensive, foul or filthy liquids or other matters or conditions.
I. 
Discarded material of any kind, rubbish or refuse that is maintained beyond normally scheduled garbage removal.
J. 
Accumulations of brush, tree stumps, or other vegetative waste or rubble or construction waste that is maintained beyond normally scheduled garbage removal.
K. 
Ponds or pools of stagnant water.
L. 
Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injuries to persons falling therein or therefrom.
M. 
Barbed wire, razor wire, electrified fences, or such fences as are otherwise forbidden by the provisions of Village of Norwood Code.
N. 
Accumulations of junk, old metals or machinery, rags or newspapers.
O. 
On private property located within any residence district of the Village, the maintenance of any container actually accommodating or designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind.
P. 
Combustible waste, refuse and large quantities of dry vegetation, which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed.
The following shall be the responsibility and practice of all owners, their agents, tenants, or occupants of their property within the Village:
A. 
Stairways, decks, porches and balconies are to be kept free of garbage and solid waste, unless the garbage is stored and completely contained in a durable, nonabsorbent, watertight container having tight-fitting lids in place in anticipation of weekly collection or disposal. Plastic bags are not considered durable containers.
B. 
Construction and demolition debris can be located in these areas for no longer than 30 days.
C. 
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
A. 
All structures must be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
B. 
The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
C. 
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
D. 
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
E. 
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. If the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
A. 
The Code Enforcement Officer or other duly appointed enforcement officers or officials of the Village of Norwood shall be charged with the duty of administering and enforcing this chapter. The Code Enforcement Officer is hereby authorized and directed to make inspections to determine compliance with this chapter. Inspections shall be made between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, and every operator or owner shall cooperate with the Code Enforcement in providing access to the premises.
B. 
It shall be the duty of the Code Enforcement Officer to issue a notice of violation and to order, in writing, the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter. Such notice shall be personally served or shall be conspicuously posted on the property alleged to be in noncompliance and mailed. A copy of each said notice shall be filed with the Village Clerk within 72 hours of the issuance of a notice. The notice shall contain the following:
(1) 
The name of the owner and tenant, if one exists, to whom the notice shall be addressed.
(2) 
The location of the premises involved in the violation.
(3) 
A statement of the facts which it is alleged violate this chapter.
(4) 
A demand that the condition be corrected within seven days after the service or mailing of date of postmark of said notice.
(5) 
A statement that a failure to comply with the notice may result in prosecution.
C. 
Upon application of the alleged owner showing reasonable cause, the Village Board may grant an extension of up to 30 days for the owner to comply with the provisions of this chapter.
D. 
Any party aggrieved by the decision of the Code Enforcement Officer may, within five business days of receiving the notice set forth in Subsection B, appeal said notice to the Village Board and by filing a written notice of appeal with the Village Clerk. Upon reviewing such notice of appeal, the Village Board shall conduct a prompt hearing to determine the validity of the alleged violation. If the alleged violation is sustained, the aggrieved party shall have seven days from the date of such decision to remedy the violation or face further consequences as described herein.
Upon failure to comply with the requirements of such notice, the Village Board may, but shall not be under obligation to authorize the work to be done and pay the cost thereof out of general funds appropriated by the Village Board for such purpose. In case of such failure to comply, the owner and/or person in control of the property whereon the violation occurs is deemed to consent to the right of entry by the Village officials for the sole purpose correcting such violation.
The Village shall be reimbursed for the cost of the work performed or the services rendered, as hereinabove provided, by assessment against the lots or parcels of land where such work was performed or services were rendered for so much of the actual or complete cost as incurred upon and from each lot or lots by the assessment of all such cost of such removal, including legal fees against the real property affected.
A. 
Whenever the Village shall incur any cost or expense in taking any remedial action or performing any improvement, work or act pursuant thereto, the amount of such cost or expense, along with an administrative fee in the amount of $75, shall be billed to the owner and, if not paid within 30 days, shall be assessed penalties from the expiration date of such thirty-day period at the rate of 1/2 of 1% per month until the assessment is paid or discharged in full. All penalties collected shall be credited to the general fund.
B. 
At least 30 days before the end of the fiscal year, the officer or official charged with the collection of such special or local assessments shall transmit to the Village Board a statement of all delinquent special or local assessments, showing the amounts thereof with penalties computed to the first day of the month following the month in which the fiscal year commences. The Village Board is required to include the amounts in the annual tax levy and such amounts are extended on the annual tax roll against the real properties concerned, and such special assessments are thereafter deemed for the purposes of collection to be a part of the annual Village Tax.
C. 
The Village may assess costs pursuant to this section in addition to, and cumulatively with, the exercise of any other enforcement mechanisms provided by this chapter or otherwise.
In addition to the foregoing, upon failure to comply with a notice of violation as aforesaid, the Code Enforcement Officer may issue an appearance ticket returnable in the court of competent jurisdiction. Such person shall be prosecuted pursuant to the criminal procedure law for the violation of a petty offense. A violation such ordinance or local law shall be an offense punishable by a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both. For the purposes of this chapter, each week's continued existence of a violation shall constitute a separate violation.