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0333 Property Maintenance 1990CITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER 8.24 TO THE CHUBBUCK MUNICIPAL CODE PROVIDING FOR THE MAINTENANCE OF PROPERTY WITHIN THE CITY OF CHUBBUCK; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. The following Chapter 8,24 shall be added to the Chubbuck municipal Code: Chapter 8.24 Property Maintenance 8.24.010. Title. This chapter shall be known as the "Property Maintenance Ordinance of the City of Chubbuck", may be cited as such, and will be referred to hereinafter as "Ordinance" 8.24.020. Purpose and Scope. A. The purpose of this ordinance is to promote the health, safety and welfare of the citizens of Chubbuck, Idaho, and to protect neighborhoods against blighting and deteriorating influences by establishing requirements for maintenance of all building exteriors and all premises and vacant land. B. The ordinance shall apply to all buildings, structures and lands within the City of Chubbuck without regard to the use, the date of construction or date of alteration. 8.24.030 Definitions. The following are defined for purposes of this chapter. Ordinance - Page 1 dsc chbbck07.211 A. "Blighted" - Unsightly conditions including the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead or damaged through the natural elements; and any other similar conditions of disrepair and deterioration that contribute to the down-grading of neighborhood property values B. "Debris" - Substance of little or no apparent economic value, present in a state of apparently unpremeditated disarray. C. "Deterioration" - A lowering in quality of the condition or appearance of a building or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay or neglect or excessive use of lack of maintenance. D. "Imminent Hazard" - Presenting an immediate likelihood for causing serious personal harm due to a condition of incompletion, deterioration, unprofessional modification, breakage, leakage or exposure. E. "Exterior Opening" - An open or openable window or passage between interior and exterior spaces. F. "Garbage" - Food waste, useless waste or material, trash, rubbish, refuse or litter. G. "Infestation" - The apparent presence of unpleasant, damaging, or unhealthful numbers of insects or rodents. H. "Occupant" - A natural person, partnership, or corporation or other entity that, through rights of ownership or rental, has the use and enjoyment of the subject real property for residential or commercial purposes. Ordinance - Page 2 dsc chbbck07.211 I. "Property Manager" - A natural person, partnership, corporation or other entity with the authority and ability to make emergency repairs and with the responsibility to oversee the maintenance and protection of the property, and to represent the owner's interests. J. "Screened Area - Exterior" - An area separated by a device or materials used to conceal one element of a property from other elements or from adjacent or contiguous property. K. "Sound Condition" - Able to support itself under reasonable loading or weather conditions, free from decay or defect. 8.24.040. Building Exterior. The following shall apply to all structures and building in the city: A. Exterior Surfaces. All exposed exterior surfaces, windows and doors shall be maintained so as to be free of deterioration that is a threat to health and safety and shall not otherwise present a deteriorated or blighted appearance. The following shall be present: windows, doors, screening, locks on doors, hinges. These items must be free from deterioration and blighting influences. Examples of such deterioration and blight are: - Improperly anchored canopies, metal awnings, stairways, exhaust ducts and overhead extensions. - Improperly maintained chimneys that are structurally unsafe. Ordinance - Page 3 dsc chbbck07.211 - Exterior windows and doors that are not fitted securely in their frames and are not weather tight or have inoperable locks. - Paint that is deteriorated, indicated by peeling, flaking, cracked, blistering or mildew, resulting in exposed, bare or unprotected surfaces. B. Foundations, Walls and Roofs. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in structurally sound and weather tight condition. These elements shall adequately support and protect the building at all points and shall also be free from deterioration. 1. ,Foundation. The building foundation shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. 2. Exterior Walls. The exterior walls shall be substantially weather tight, weatherproof, free from dry rot and mildew, and shall be maintained in sound condition and good repair so as to prevent infestation. All exterior surfaces other than decay-resistant materials, shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. No lead-based paint shall be used on any surface of any structure. 3. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. Roofs shall be free from surface breaks, splits, raised edges, Ordinance - Page 4 dsc chbbck07.211 blisters, and missing shingles that may contribute to the deterioration of the structure or otherwise present a deteriorated or blighted appearance. C. Outdoor stairs, Porches, Railinqs. All outdoor stairs, porches and hand railings shall be adequate for safety. Every stair and porch shall be maintained so as to be safe and in structurally sound condition. 8.24.050. Exterior Premises. The following shall apply to all land, vacant, improved or unimproved: A. General. All land, whether improved or unimproved, shall be maintained free from any accumulation of garbage or a blighting influence. All land and property shall be free from accumulation of garbage or blighting influence, which includes graffiti on walls, fences or mail boxes, accumulation of litter, rubbish, refuse, waste material, vehicles, discarded appliances, discarded furniture, broken glass, piles of mixed material, dry vegetation, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing straw, packing hay, or other packing material, lumber not neatly piled, lumber stored in front yards, scrap iron, tin and other metal not neatly piled, or anything whatsoever in. which insects may breed or multiply or which provides harborage for rodents, snakes, or other harmful pests or which say otherwise create a fire hazard. B. Weeds, Bushes, Trees and Other Vegetation. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present Ordinance - Page 5 dsc chbbck07.211 a visual blight upon the area, which may harbor insect or rodent infestations, or which may. likely become fire hazard or otherwise threaten the health and safety or the economic welfare of adjacent property owners or occupants. The premises shall be free from visual blight, potential fire hazards, dead trees and branches, lawn grass higher than 6" and tumbleweeds or weeds higher than 12" tall. C. Fences, Screen Walls and Retaining Walls. All fences, screen walls and retaining walls on the premises shall be safe and structurally sound, and shall be maintained so as not to constitute a blighting influence. Blighting influences include leaning fences, missing slats or blocks, painted graffiti, deterioration and rotting. D. Exterior Insect, Rodent and Animal Control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits or other insects and animals where such activity is not a danger or nuisance to residents of the area, and where other applicable legal requirements are met. The premises shall be free from insects, rodent infestation and other noxious pests, and the accumulation of stagnant water which may become breeding areas for insects or which may be the cause of erosion of foundation walls. E. Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water when such water causes Ordinance - Page 6 dsc chbbck07.211 hazardous or unhealthy condition, breeding areas for insects or erosion of foundation walls. 8.20.060 Authority to Enforce Standards. The Mayor or his designee shall be responsible for the enforcement of the provisions of this ordinance. 8.20.062 Authority and Inspections. A. The Mayor or his designee, upon receipt of a complaint from any person, is authorized and directed to make inspections of property, to determine compliance with this Ordinance. B. Unscreened exterior areas may be inspected at any time with or without the involvement of the owner or occupant in accordance with legal requirements governing administrative inspections of private property. C. Screened exterior areas shall be inspected only during the normal business hours of the City unless otherwise arranged, and only upon invitation or with the concurrence of the occupant or when ordered by a court when probable cause exists to believe that conditions may be detrimental to health and safety. D. Except in cases of alleged imminent hazards, if the occupant is not the owner of the premises or dwelling unit to be inspected. The Mayor or his designee shall provide reasonable notice in writing or by telephone to the owner or Designated Agent as to the time and place of inspection. The owner or Designated Agent may be present for the inspection if the Ordinance - Page 7 dsc chbbck07.211 occupant concurs. The convenience of the owner or Designated Agent shall not require the rescheduling of the inspection. 8.20.064 Notification Procedures. A. Warning Letter. 1. If, after an inspection, the City finds one or more violations of this Ordinance based on a complaint, the City should, in writing, notify the owner or Designated AGent. The City should issue a warning letter providing 15 to 30 days to correct the violation prior to a Notice of Violation being sent, except that in the case of an imminent hazard the City shall proceed immediately with the Notice of Violation. 2. The warning letter shall contain the following information: a. b. Identification of property in violation. Statement of violations in sufficient detail to allow a responsible party to identify and correct the problem. c. Reinspection date and time. d. Name, address and phone number of a City representative to contact. 3. The Warning Letter is issued as a courtesy to property owners and shall not be construed as a legal requirement. The intent of this section is to allow the City, at its discretion, to use first class U.S. Postal Ordinance - Page 8 dsc chbbck07.211 Service for the warning letter and to use certified mail for Notices of Violation. 8.20.066. Notice of Violation and Right to Appeal. A. If, after an inspection, and a warning letter if provided, the City finds one or more violations of this Ordinance based on a complaint, the City shall, in writing, notify the owner or the Designated Agent. If the property in violation is not owner occupied and it contains imminent hazards, the City must also notify occupants of the imminent hazards. B. The Notice of Violation shall include the same information as required in Section 8.20.64 and further giving the owner, Designated Agent and/or occupants not less than ten (10) days to remove, abate or destroy the condition causing the violation. A copy of said notice shall be posted in a prominent place upon premises at or near the location where the nuisance exists. Such notice shall further state that any one of the responsible parties may, within ten days following mailing, appeal the matter by submitting a written request for review by the city council. If such request is submitted, the city council shall conduct a hearing upon the matter at its next regularly scheduled meeting, and the council shall decide whether the notice should be modified, withdrawn, or enforced as written. 8.20.68 Service of Notices. Any notice permitted or required to be given for any purpose under this Ordinance shall be deemed effective on the date when Ordinance - Page 9 dsc chbbck07.211 written notice is hand delivered, or deposited in the United States mail or sent certified mail, addressed to the property owner or his Designated Agent. Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the City does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situations. 8.20.080 Recording a Violation. The notice of violation described in 8.20.066 shall run with the land. If a violation remains uncorrected, the City, at its sole option, may record a notice of violation with the Bannock County Recorder and thereby cause compliance by an entity thereafter acquiring such property. The non-filing of any notice of violation shall in no way affect the validity of such notice as to the entities so notified. When the property is brought into compliance by the owner, occupant or lessee, a satisfaction of notice of violation shall be filed. 8.20.070 Violations and Penalties. A. Any owner, occupant, lessor, lessee, manager, or other person having lawful control over a structure or parcel of land who causes, permits, facilitates, or aids or abets any violation of any provision of this Ordinance or who fails to perform any act or duty required by this Ordinance or who permits a lessee or a tenant to violate this ordinance shall be guilty of a Ordinance - Page 10 dsc chbbck07.211 misdemeanor. Each day any violation of any provision of this Ordinance or the failure to perform any act or duty required by this Ordinance exists shall constitute a separate violation. B. The owner of record, as recorded in the records of Bannock County, of the property upon which a violation of this Ordinance exists shall be presumed to be the person having lawful control over a structure or parcel of land. If more than one person shall be recorded as the owner of the property, said persons shall be jointly and severally presumed to be persons having lawful control over a structure or parcel of land. This presumption shall not prevent enforcement of the provisions of this Ordinance against any person specified in subsection A of this section. C. It shall not be a defense for an owner of record to plead that any act or omission made punishable by this Ordinance was at the time the violation occurred within the control of a lessee or tenant pursuant to a lease or rental agreement. D. Prosecution of an offense, under this section, shall not preclude the city from seeking a civil remedy as provided in 8.20.084 for failure to comply with this chapter. 8.20.072 Enforcement Independent of Other Officials. The authority of the City to enforce the provisions of this Title is independent of and in addition to the authority of other City officials to enforce the provisions of any other Title of the City Code. Ordinance - Page 11 dsc chbbck07.211 8.20.074 Civil Remedies. The City may commence injunctive proceedings against any persons, corporations, firms, associations, or other entities engaging in activities prohibited by this chapter. In such proceedings, the City shall request and the court may award the City its costs, as determined by court rule, together with a reasonable attorney's fees and such other or further relief including judgment for site clearing expenses, as the court may deem just. 8.20.078 Other Abatement. A. If the property owner or other person served a notice or order by the City pursuant to this Ordinance fails to comply with such notice of order, the council may adopt a resolution finding that a violation of this Chapter exists, that there has been a failure of compliance with a notice to remove, abate, or destroy the problem and that action by the City is required to protect the public health, safety, and welfare in the area affected. Following adoption of such a resolution, the mayor may direct that employees of the City, or the City's contractors or agents, go upon the premises in question and remove, abate, or destroy the problem. The city shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney's fee. The expense may also be certified to the city clerk and transmitted to the county treasurer, and be collected by special assessment upon the property to the extent provided by law. If Ordinance - Page 12 dsc chbbck07.211 the certificate is recorded at the office of the county recorder, it shall become a lien against the property to the extent provided by law. 8.24.090 Variances. The Mayor or his designee may grant a minor variance to this Ordinance when there exists an unusual or unreasonable hardship resulting from a literal interpretation of this Ordinance provided that the method of work or repair offered conforms to the intent of this Ordinance. 8.24.100 Failure to Appeal. Failure of a person entitled to appeal under this code to timely request an appeal with the City Council pursuant to 8.24.066 shall constitute a waiver of the right to a hearing before the City Council or a court of competent jurisdiction and such person shall be estopped to deny the validity of any order or action of the city which could have been timely appealed. 8.24.11 Conflict of Ordinances. A. In any case where a provision of this Ordinance is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City existing on the effective date of this Ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Ordinance - Page 13 dsc chbbck07.211 B. It is not intended by this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance, or with private restrictions placed upon property by covenant, deed or other private agreement. C. In cases where two or more provisions of this Ordinance disagree, the most stringent or restrictive shall prevail. 8.24.120 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect; and to this end the provisions of this Ordinance are hereby declared to be severable. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Ordinance - Page 14 dsc chbbck07.211 Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ~ day of APRIL , 1990. ATTEST: CITY CLERK Ordinance - Page 15 dsc chbbck07.211