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Home My Public Portal About059-2004 - General Ordinance - Amends Section 150.1 of the City Code (exterior maintenance)ORDINANCE NO. 59-2004 A GENERAL ORDINANCE AMENDING SECTION 150.18 OF THE RICHMOND CODE WHEREAS, Section 150.18 of the Richmond Code establishes the minimum standards for exterior maintenance of real estate within the city and provides a method and procedure for the enforcement of such provisions; and WHEREAS, such Chapter needs to be revised both substantatively and procedurally; and WHEREAS, such revisions will reduce blight within the City and provide for a less costly enforcement procedure. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following Section 150.18 of the Richmond Code shall be amended to read as follows except that portions that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions; these are included to facilitate understanding of the changes being made): 150.18 MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE (a) Exterior Maintenance Standards (1) The exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the City and so as to avoid blighting effects and hazards to health, safety, and welfare. (2) The owner and operator shall keep the exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse or garbage containers, store fronts, signs, windows, doors, awnings and marquees, in good repair, and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties. Exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated. (3) All surfaces shall be maintained free of significant broken glass, loose shingles, crumbling stone or brick, peeling paint, or other cumulative conditions reflective of deterioration or inadequate maintenance, and not show evidence of weathering, discoloration, ripping, tearing, or other holes or breaks, to the end that the property itself may be preserved safely and fire hazards eliminated adjoining properties and the neighborhood protected from blighting influence. (Ord. 2-2001) (4) All premises shall be maintained and lawn, hedges, bushes, trees, and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property. (5) All premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk and foundation remnants. No premises shall be used for the storage of inoperable motor vehicles, machinery, junk vehicles or machinery and vehicle parts when such storage is within view of any public premises or public alley, street or highway so as not to cause a blighting problem or adversely effect the public health or safety or where such storage presents a blighting influence on any adjoining property. (6) All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein. (b) Remedies (1) The Director of the City Enforcement Authority shall request the City Attorney to bring action on behalf of the City in the Circuit or Superior Courts of Wayne County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Director or his authorized representative, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Ordinance. Any person adjudged guilty of a violation of this Ordinance may also be adjudged to pay the costs of prosecution. (2) The owner of the property shall be notified in writing stating that the property owner shall have a maximum of thirty (30) fifteen (15) days to comply with the standards of maintenance as outlined in this section, after which time if the property owner has not complied, a fine shall be assessed as provided for in (c) below. (c) Penalties (1) If any property owner violates the provisions of this Section, said property owner shall be notified in writing of such violation. (2) The Director of the City Enforcement Authority or his authorized representative shall send a “Violation Notice” by Certified Mail First Class Mail or by delivery in person to the property owner found to be in violation of this section, and that said person shall have a maximum of fifteen days Five (5) days to complete and return a form letter indicating agreement to “Correct the Violation within thirty (30) fifteen (15) days” or to “Appeal the Violation”. (3) Upon receipt of a request for an appeal the Director shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal “The Violation”, “The Compliance Requirements”, or “The Completion Date”. (4) Upon presentation of convincing evidence the Board of Public Works and Safety may negotiate an adjusted “Compliance Schedule” commensurate with the evidence presented and in keeping with this Section. (5) Proof of Hardship Upon proof of hardship a resident-owner may be granted a continuance and be excepted from fines for those violations requiring the expenditure of unavailable funds provided that said violations do not adversely affect the public health or safety. (6) Failure to Comply In the event the owner failed to respond to any of the above procedure the owner would be found in violation of this section and fined accordingly, pursuant to section 10.99 of the City Code. (7) Notice of such violation shall be by written notice in form as approved by the Board of Public Works and Safety, and notice shall include a statement of the nature of the violation, location of City Clerk’s office, identification of the violator and identification of issuing official. (8) Enforcement of this section shall be by the Director of the City Enforcement Authority or his authorized representative. (9) Failure to remit fine within ten (10) days shall result in issuance of summons for said violation in the proper court of jurisdiction. (d) Right of Appeal The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this section and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions. Passed and adopted this _19th_ day of _July_______ 2004, by the Common Council of the City of Richmond, Indiana. _S/S Larry Parker_____________, President (Larry Parker) ATTEST: S/S Karen Chasteen________, City Clerk (Karen Chasteen) PRESENTED to the Mayor of the City of Richmond, Indiana, this _20th_ day of _July_______, 2004, at 9:00 a.m. _S/S Karen Chasteen___________, City Clerk (Karen Chasteen) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _20th day of _July____, 2004, at 9:05 a.m. S/S Sarah L. Hutton______________, Mayor (Sarah L. Hutton) ATTEST: _S/S Karen Chasteen______, City Clerk (Karen Chasteen)