[Adopted 8-8-2002 by Ord. No. 109-02]
For purposes of this article, the following
terms shall have the following meanings:
Includes the person or persons appointed as such by the Town
Council, which shall include the Town Manager and may include such
other persons duly authorized by the Town Council to act, on a temporary
basis, as the Town's Code Enforcement Constable.
To adjudge a property as unfit for occupancy or use. Where
a property has been ordered condemned, it shall not be occupied or
used until such order of condemnation has been revoked.
Those used in construction and renovation of buildings and
structures and appurtenances thereto, including landscaping installations.
By way of example and not in limitation, construction materials include
lumber, millwork, roofing, drywall, flooring, siding, gutters, cement
and cinder blocks, bricks, appliances, pipe, wire and landscaping
rocks and timbers.
Includes any or all of the following:
Includes any natural person or persons, any partnership,
limited-liability company, corporation, association, trust or their
artificial entity recognized at law.
Any lot, piece, or parcel of land, including any buildings
or structures located thereon. "Premises," "lots," "land," "parcels"
as used herein shall be synonymous with "property."
This article is intended to promote and protect
the public health, welfare, and safety of the Town by establishing
minimum standards for the maintenance of all premises, by prohibiting
conditions which pose a threat to the public health, safety, and public
welfare and which have a detrimental impact on the value of properties
within the Town; and to establish procedures and penalties for enforcement.
[Amended 5-8-2009 by Ord.
No. 149-09]
A.Â
Lots shall
be graded toward the property lines to form a small, shallow swale
at the property line. The swale shall have a slight grade toward a
drainage system installed by the Town. No lot shall unreasonably drain
onto any adjacent property. Questions regarding drainage shall be
decided in the reasonable exercise of the Code Enforcement Constable's
sound judgment.
B.Â
New roof
construction or repair that includes the installation of rain gutters
and downspouts shall not allow the runoff water to drain directly
into any canal or body of water.
C.Â
Newly
constructed outdoor showers shall not be allowed to drain within 10
feet of any canal or body of water. This does not prohibit the connection
of an outside shower to the building wastewater drain, provided that
such drain is protected to prevent the entrance of stormwater.
D.Â
Rain gutters, downspouts, and outdoor showers existing at the time of enactment of this section may be used and repaired as a nonconforming structure (§ 145-3) but shall not be expanded, rebuilt, or replaced except in compliance with this section where 50% or more of such structure requires repair (§ 145-17).
A.Â
Vision clearances. The owner of a corner property shall maintain adequate vision clearance at corners by not allowing plantings, shrubbery, bushes, or other vegetation or beautification mounds, including their vegetation, to exceed three feet in height above the grade of the street surface within 10 feet of the intersection of the right-of-way lines of the two streets in accordance with the provisions of §§ 145-9 and 145-13.
B.Â
Encroachments. No property owner shall allow any bush, shrub, tree, planting or other vegetation to encroach onto or into the streets, alleys, canals, or other Town rights-of-way in accordance with § 125-2 of this Code.
C.Â
Underbrush; dead wood. All lots shall be kept free
of dead trees and accumulations of invasive or noxious vegetation.
All lots shall be kept free of unreasonable accumulations of underbrush,
limbs, and branches as would constitute a fire or health hazard.
[Amended 4-13-2012 by Ord. No. 162-12]
[Amended 5-10-2013 by Ord. No. 168-13]
A.Â
Except
when properly bundled or deposited in an appropriate container designed
for the temporary storage of trash, yard waste, recyclable materials
and garbage (pending regular or scheduled removal to a solid waste
disposal facility), all properties, including bins, shall be kept
free from any accumulation of trash, garbage, yard waste, recyclable
materials, or other refuse or debris.
B.Â
Firewood
shall be stacked in an orderly manner, and compost and topsoil piles
shall be contained. The accumulation of such materials in a haphazard
fashion shall constitute a violation of this section.
No construction materials shall be stored or
left on any property except:
All properties shall be kept free of any junked,
discarded, or inoperable vehicles, boats, trailers, equipment, and/or
appliances. A vehicle, boat, trailer, appliance, or piece of equipment
shall be deemed to be in violation of this section when it is inoperable,
dismantled, wrecked, or is in such a state of disrepair as to be incapable
of being used or operated in the manner for which it was designed,
or from which major components are missing or in substantial disrepair.
All properties and structures shall be kept
free of infestation by rats, mice, rodents, and/or other vermin or
pests as would constitute a nuisance or a hazard to the health or
safety of the residents of the Town. Where infestation is found, proper
measures to exterminate the infestation and to prevent reinfestation
shall be promptly taken by the owner of the property on which the
infestation is present.
[Amended 5-10-2013 by Ord. No. 168-13]
The exteriors of all buildings and structures,
including solid waste bins, shall be kept in good repair and condition.
By way of example and not in limitation, the following are prohibited:
cracked or broken windows; ripped insect screens; rotten or decaying
wood; decks, walkways, mailboxes, doors, fences, rain gutters, ornamental
trim, or millwork that are in broken, cracked, or dilapidated condition
or which are missing major components; and exterior surfaces displaying
substantial peeling, flaking, or chipped paint; mildew; rust; corrosion;
or substantial bare areas (i.e., unprotected by adequate paint, finish,
or other exterior treatment). Unfinished wood intended to weather
naturally (e.g., redwood, cedar) shall not be considered to be in
disrepair.
Except in time of emergency or ongoing construction,
no window or door shall be kept boarded up in whole or in part for
any period of time longer than reasonably necessary to replace or
repair such door or window. For purposes hereof, where any condition
prohibited by this section continues for in excess of 30 days, the
owner shall be presumed guilty of a violation unless the owner produces
competent evidence demonstrating that, due to unique circumstances
beyond his control, 30 days was not a reasonable time to replace or
repair such door or window; provided, however, anything herein to
the contrary notwithstanding, doors and windows on homes that are
secured for the winter season shall be exempt from this section, provided
that such boards and their fastenings are maintained in good condition.
[Amended 5-10-2013 by Ord. No. 168-13]
A.Â
Notice of violation. Whenever the Code Enforcement Constable determines
that there exists a violation of any section of this article, he/she
shall provide notice thereof to the owner or his designated representative.
Such notice shall identify the conditions constituting a violation,
include reference to the applicable code section in violation, and
state that the property owner has a reasonable time limit, not to
exceed 30 calendar days, to correct the violation or file a written
appeal of the Code Enforcement Constable's decision with the Town
Manager. Such notice shall state that if the violation is not resolved
within the allotted time and an appeal is not filed, the Town may
assess a civil penalty of $100 against the property owner, remedy
the violation, and bill the property owner for the amount of the remediation
costs.
[Amended 10-14-2022 by Ord. No. 209-22]
B.Â
C.Â
Penalty and enforcement. Whenever the Code Enforcement Constable determines that there exists a violation of any section of this article, the property owner shall have a reasonable time limit, not to exceed 30 calendar days from date of the notice issued under Subsection A above, to bring the property into compliance with the Code. If the property has not been brought into compliance by the expiration of the 30 calendar days, and an appeal has not been filed, the Town may assess a civil penalty of $100 against the property owner (plus court costs, if applicable), take action necessary to remediate the violation, and bill the property owner for the remediation costs. Each week thereafter of a continuing violation shall constitute a separate offense. A property owner may pay an outstanding penalty pursuant to the Town's voluntary assessment procedures as follows: Any person found to have violated any section of this article may admit the violation and voluntarily pay a penalty of $100 (either in person or by mail) at the Town Hall as long as the citation provides notice of the penalties for such violation, that the violator has the right to a hearing before a court, and that any person electing to use the voluntary assessment procedures may revoke such election and proceed to a hearing if the violator notifies the Town Hall of this intention prior to the due date set forth on the citation.
[Amended 10-14-2022 by Ord. No. 209-22]
D.Â
Appeal. Any person who has been notified of a violation of any section
of this article by the Code Enforcement Constable may appeal the determination
of violation by filing a written appeal to the Town Manager within
30 calendar days from the date of notice. The Town Manager shall review
the appeal and issue a written decision within 10 business days of
receipt of the appeal, which decision shall include notice of the
property owner's right to appeal the decision of the Town Manager
to the Town Hearing Board. If the property owner is not satisfied
with the decision of the Town Manager, the property owner may file
a written appeal to the Town Hearing Board within 10 business days
of the decision of the Town Manager. The Town Hearing Board shall
consist of three Town Council members appointed by the Mayor. The
Town Hearing Board shall hear the appeal as soon as practicable but
not later than 20 business days after the appeal is filed and issue
a written decision. Within a reasonable time limit not to exceed 30
calendar days of the filing of the written decision of the Town Hearing
Board, the property owner shall remediate the violation or the Code
Enforcement Constable shall withdraw the notice of violation, whichever
is appropriate pursuant to the decision of the Town Hearing Board.
[Amended 10-10-2014 by Ord. No. 173-14]
E.Â
Enforcing remediation costs and penalties; legal remedies; parking permits. The Town shall enforce and collect penalties assessed to property owners and remediation costs incurred by the Town through any and all means legally available to the Town. Nothing in this article shall be construed to prohibit the Town's ability to enforce the Town Code by any means legally available, including seeking injunctive relief in the Court of Chancery. Any property owner with unpaid penalties or remediation costs shall not be issued parking permits pursuant to Chapter 94 until such unpaid amounts have been satisfied.
F.Â
Emergency action. Upon determination of a violation of any section
of this article, and following due notice as provided for above, the
Town may declare the violation to be a public nuisance and/or an unsafe
condition requiring prompt and immediate action. In such case the
Town will remedy the violation and bill the owner for the costs.
