Blight Ordinance

ARTICLE IV. BLIGHT PREVENTION*
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*Cross references: Buildings and building regulations, Ch. 7.
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Sec. 17-66. Purpose.
It is the purpose of this article to prevent, reduce or eliminate potential blight in the city by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or may in the future exist in the city.
(Code 1975, § 6.81)
Sec. 17-67. Causes of blight.
It is hereby determined that the uses, structures and activities described in this section are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. No person shall maintain or permit to be maintained any of the following causes of blight or blighting factors upon any property in the city owned, leased, rented or occupied by such person:
(1) In any area, except where specifically permitted, the storage upon any property of junk automobiles, junk motor-driven vehicles, trailers in disrepair, contractors' equipment in disrepair or boat hulls in disrepair, except in a completely enclosed building is prohibited. For the purpose of this subsection, the term "junk automobiles, junk motor-driven vehicles, trailers in disrepair, contractors' equipment in disrepair or boat hulls in disrepair," shall include any such article which is not licensed and insured for use upon the highways of the state or lakes and waterways for a period in excess of thirty (30) days and shall also include, whether so licensed or not, any of the articles enumerated in this subsection which are inoperative for any reason for a period in excess of thirty (30) days.
(2) In any area, except where specifically permitted, the storage upon any property of building materials is prohibited unless there is in force a valid building permit issued by the city for construction upon the property and the materials are intended for use in connection with such construction, except the temporary storage of building materials which, in the opinion of the building inspector and/or blight enforcement officer, are not of a nature to be unsightly or a cause of blight. Building materials shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, appliances, shingles, mortar, concrete or cement, nails, screws or any other material used in the construction of any structure.
(3) In any area, except where specifically permitted, the storage or accumulation of junk, trash, rubbish or refuse of any kind is prohibited, except domestic refuse stored in a rodent-proof receptacle in such a manner as not to create a nuisance for a period of not to exceed ten (10) days. The term "junk" shall include parts of machinery or motor vehicles, unused stoves or other unused appliances stored in the open, remnants of wood, metal or other material or other cast-off material of any kind, whether or not the material could be put to any reasonable use.
(4) In any area, the existence of any structure or part of any structure which, because of fire, wind or other natural disaster or physical deterioration, is no longer habitable, if a dwelling, or useful for any other purpose for which it may have been intended is prohibited.
(5) In any area zoned for residential purposes, the existence of any vacant dwelling, garage or other outbuilding is prohibited unless such building is kept securely locked and the windows are kept in good repair.
(6) In any area, the existence of any partially completed structure is prohibited, unless such structure is in the course of completion in accordance with a valid and subsisting building permit issued by the city and unless such construction is completed under the designated time frame established under the building permit.
(7) In any area, the owner or occupant of any premises on which is located any tree or other growth, if infected by disease or by injurious insects or if in a dangerous condition (i.e.: wind damage), shall destroy the tree or other growth when such destruction is necessary for the protection of other trees and growth and for the public health, safety and welfare.
(8) Whenever any portion or member of appurtenance is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property.
(9) Whenever the building or the structure shows damage or deterioration of the supports or damage or deterioration of the non supporting enclosing or outside walls or covering.
(10) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof or for some other reason, is likely to partially or completely collapse or some portion of the foundation or underpinning is likely to fall or give way.
(11) Whenever, for any reason whatsoever, the building or structure or any portion is manifestly unsafe for the purpose for which it is used.
(12) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(13) Whenever any building or structure is maintained in such a manner that due to peeling or chipping paint or other exterior finish defect creates a nuisance or blighting influence on the neighborhood.
(14) In any area zoned for residential purposes, wood piles shall not be permitted in any front yard, shall not cover more than forty (40) percent of the rear yard, shall be setback at least two (2) feet from all side and rear property lines and shall be stacked no higher than six (6) feet in height. Wood piles shall be maintained in a safe and orderly manner so that they do not become a danger to the public or a nuisance in any way.
(Code 1975, § 6.82; Ord. No. 418, § 1, 3-27-98; Ord. No 460, § 1(8), 3-26-07)
Sec. 17-68. Enforcement.
This article shall be enforced by such persons who shall be designated by the city manager.
(Code 1975, § 6.83)
Sec. 17-69. Notice to remove or eliminate causes.
(a) The owner, if possible, and the occupant of any property upon which the causes of blight or blighting factors set forth in this article are found to exist shall be notified in writing to remove or eliminate the causes of blight or blighting factors from the property within ten (10) days, thirty (30) days for vehicles, after service of the notice upon the owner and occupant. Such notice shall be served as prescribed in section 1-14. Additional time may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
(b) Failure to comply with the notice within the time allowed by the owner or occupant shall constitute a violation of this Code.
(c) Administrative fees.
• The first contact shall carry no administrative fee(s).
• The second contact, subsequent to the ten-day notice, shall have administrative fees of seventy-five dollars ($75.00) attached.
• The third contact (thirty-day maximum) shall have administrative fees of one hundred fifty dollars ($150.00) attached.
(Code 1975, § 6.84; Ord. No 460, § 1(9), (10), 3-26-07)
Sec. 17-70. Penalties.
(a) Any violation of any provision of this article is hereby declared a nuisance and proceedings may be instituted in any court of competent jurisdiction for injunctive or other relief to abate such nuisance.
(b) Any person who shall violate any provision of this article shall upon conviction be punished as provided in section 1-13.
(Code 1975, § 6.85)