8.51.010 Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Premises” shall mean any lot or parcel of land or property, including any building or portion thereof, improved or unimproved.

“Public right-of-way” shall mean any area or parcel of land granted, deeded, dedicated to, or otherwise acquired by the City or the public at large for any public purpose, including, but not limited to, alleys, roadways, parkways, pedestrian ways, sidewalks, public streets, water or waterways, and uses for storm drains and drainage, sanitary sewers, water pipes, electric and telephone conduits, electronic services, overhead wires, and supporting structures.  (Ord. 2695, 1995).

8.51.020 Maintenance duty of controlling owner/agent

Any person owning, leasing, occupying, or having charge or possession of any premises in the City, and the agent thereof, shall keep and maintain such premises and the right-of-way abutting such premises in a safe, clean, orderly, sanitary and aesthetic condition. (Ord. 2695, 1995).

8.51.030 Conditions prohibited on premises

The following conditions do not comport with a safe, clean, orderly, sanitary, aesthetic condition and are prohibited:

1. Buildings which are abandoned, boarded up, partially destroyed, or partially constructed or uncompleted buildings after building permits have expired;
2. Buildings with deteriorating or peeling paint which allows the exterior building coverings to deteriorate or allows the effects of sun or water penetration so as to cause decay, dry rot, warping, or cracking;
3. Broken windows, doors attic vents, or underfloor vents;
4. Improperly maintained landscaping which is visible from streets, including, but not limited to:
   1. Lawns with grasses in excess of eight (8") inches in height;
   2. Untrimmed hedges;
   3. Dying trees, shrubbery, lawns, and other desired plant life from lack of water or other necessary maintenance; and
   4. Trees and shrubbery growing uncontrolled without proper pruning;
5. Overgrown vegetation which is unsightly and likely to harbor rats or vermin;
6. Dead, decayed, or diseased trees, weeds, and other vegetation;
7. Trash, garbage, or refuse cans, bins, boxes, or other such containers stored in front or side yards visible from public streets and rear yards;
8. Lumber, junk, trash, debris, or salvage materials maintained upon any premises which are visible from a public street, alley, or adjoining property;
9. Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from a public alley, street, or adjoining premises;
10. Premises having a topography, geology, or configuration which, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems or potentially injurious to adjacent premises;
11. Abandoned, wrecked, dismantled, or inoperative automobiles, trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas;
12. The accumulation of dirt, litter, or debris in vestibules, doorways on the premises, or adjoining walkways;
13. Mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, refuse, or waste or other unsanitary material of any kind;
14. Building exteriors, walls fences driveways, or walkways which are broken, defective, deteriorated, in disrepair, or defaced due to any writing, inscription, scratch, or other marking commonly referred to as “graffiti”;
    1. It shall be the duty of the owner or tenant or agent thereof to remove graffiti from such premises within seventy-two hours after graffiti appears. (Ord. 2920, 2005)
15. Any unsightly, partly completed or partly destroyed buildings, structures, or improvements in the City which endanger or injure neighboring properties or the public heath, safety, or general welfare;
16. Any tree which overhangs a street, alley, or sidewalk in such a manner as to cause an obstruction to any person using such street, alley, or sidewalk;
17. Any other condition which is or may reasonably become infested or inhabited by rodents, vermin or wild animals or nay furnish a breeding place for mosquitoes, or threatens or endangers the public health, welfare, and safety or may reasonably cause disease, adversely affects and impairs the economic welfare or adjacent property, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons. (Ord. 2695, 1995).

8.51.040 Conditions prohibited on right-of-way

The following conditions do not comport with a safe, clean, orderly, and sanitary conditions on any public right-of-way and are prohibited by Section 8.51.020.

1. Any dirt, litter, debris, rubbish, weeds, or any other kind of waste or unsanitary material of any kind;
2. Any curb cut or driveway approach, or a portion thereof, which is no longer needed or which no longer provides vehicular access to the adjacent premises;
3. Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in need of repair, replacement, or maintenance. (Ord. 2695, 1995).

8.51.050 Violation – penalty

Any person convicted of violating this chapter shall be fined not less than two-hundred fifty ($250) dollars nor more than five-hundred ($500) dollars or imprisoned in the county jail for a term not to exceed six months, or both. Each day of such conduct constitutes a separate offense. (Ord. 2695, 1995).