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SECTION 302

EXTERIOR PROPERTY AREAS

302.1 Sanitation. (10 days) All exterior property and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of debris, rubbish, garbage, or implement and/or equipment or personal property of any kind whatsoever which is no longer usable for the purpose it was manufactured.  Exterior storage of appliances is prohibited. Exterior storage of unused construction materials is prohibited.  If any person allows such conditions to exist, he shall be guilty of a municipal infraction and a citation can be issued without prior notice of violation.  Rubbish and garbage in approved containers placed at curbside for removal during established hours shall be exempt from the provisions of this code.  PENALTY: $200 Municipal Infraction Citation.

302.2 Grading and drainage. (30 days) All premises shall be graded and maintained to prevent the erosion of soil, to prevent the accumulation of stagnant water thereon, to prevent unsafe holes in the soil, or within any structure located thereon.  PENALTY: $200 Municipal Infraction Citation.

Exception: Approved retention areas and reservoirs.

302.3 Sidewalks and driveways. (90 days) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.  PENALTY: $200 Municipal Infraction Citation.

302.3.1 Nuisance Ice and Snow Conditions. (4 hours or 10 hours) All public sidewalks shall be maintained free from accumulations of ice and snow.  It shall be the responsibility of the abutting property owner to maintain a clear and unobstructed sidewalk for the width of the sidewalk or 48” which ever is less.  Within the City’s business district, the pedestrian areas must be maintained as above within four hours after the storms subsides; however, if the storm subsides between the hours of 9:00 p.m. and 5:00 a.m., the deadline for compliance shall be extended to 9:00 a.m. following this time period.  In all other areas of the City, the pedestrian areas shall be maintained as above within 10 hours after the storm subsides.   Ice and snow conditions that remain unabated in excess of the above time restrictions are declared a nuisance and are subject to abatement by the City or its contractors.  All costs associated with the abatement of said nuisances shall be the responsibility of the property owner and be billed and collected as per the City Code.  If any person allows such conditions to exist he shall be guilty of a municipal infraction and a citation may be issued without prior warning.  PENALTY: $200 Municipal Infraction Citation.

For the purpose of this code section, the “business district” shall be defined as those properties located within the area bounded by Church Street and East Avenue to the north, Mulberry Street to the east, Baltimore Street to the south and Prospect Street to the west.  All properties adjacent to streets comprising the boundaries shall be considered within the business district.

302.4 Weeds. (10 days) All lots shall be maintained free from weeds in excess of ten (10) inches throughout the growing season.  Weeds shall be defined as all grasses, annual plants and vegetation other than trees, shrubs or cultivated flowers and gardens.  All noxious weeds shall be prohibited.  Noxious weed shall be defined as any plant that is physically harmful to humans.  PENALTY: $200 Municipal Infraction Citation.

Exception: Where there is a non-residential parcel of land in excess of one acre in size, this section shall apply only to areas within ten feet (10) of any property line or public right-of-way.

302.4.1 Weeds – Specified Areas. (10 days) It shall be the responsibility and the obligation of the property owner and/or tenant to maintain any and all vegetation, including shrubs and weeds as noted hereinafter.  PENALTY: $200 Municipal Infraction Citation.

1.   The abutting property owner shall maintain all vegetation and weeds located within the public right-of-way and extending from at least two feet back of the inside walk line of the sidewalk to the curb or pavement edge on improved streets, avenues, highways, alleys, etc.  The height limit of vegetation and weeds in this area shall be maintained at less than six inches.

2.   The abutting property owner shall maintain all vegetation, including trees and weeds, to the center line of any and all watercourses or the edge of the water on streams which are normally flowing.  Height limit on weeds and grasses shall be maintained at a height less than 10 inches.

3.   On unimproved streets, alleys, or other right-of-ways (paper streets and alleys) the abutting property owner shall maintain all vegetation, grass cutting and weeds to the centerline of such right-of-ways.  Height limits for weeds and grasses shall be 10 inches.

4.   Where there is a large tract of undeveloped land adjoining the opposite side of the said unimproved right-of-way, the abutting property owner is then only responsible for maintaining six feet of the right-of-way from their common property line or right-of-way line.

5.  On all public sidewalks, the abutting property owner must maintain the sidewalk clear of any vegetation for the entire width of the sidewalk.  Vegetation shall include all grasses, weeds, shrubs, hedges, and similar plants, but not trees.

302.4.2 Trees and Shrubbery.  (10 days) PENALTY: $200 Municipal Infraction Citation.

  1. Obstructed View. It shall be unlawful for any person to suffer, permit or allow any trees, shrubbery or hedge or any branches thereof which may be located on their property or located in or adjacent to any street, alley or other public right-of-way abutting their property to obstruct the view of the public using the right-of-way.
  1. Public Health, Safety or Welfare. Trees and shrubbery shall be maintained so as not to pose a threat to public health, safety or welfare.  The responsibility for maintenance or removal shall be with the owner of the property on which the tree or bush is located.  The owner of property abutting any public street, alley, easement or right-of-way shall be responsible for maintenance or removal of trees and shrubs in or between his property and such Public Street, alley, easement or right-of-way.  The determination of the need for such maintenance or removal shall be vested in the code official.
  1. Exception. This section shall not apply to street trees pursuant to Section 216-10 of the Code.

302.4.3 Height Requirements. (10 days) It shall be unlawful for any person to suffer or permit the limbs or foliage of any tree or shrub on his property to extend over any public sidewalk or pedestrian right-of-way at a height less than 7 feet from the ground or over a street or alley at a height less than 15 feet.  PENALTY: $200 Municipal Infraction Citation.

302.5 Harborage. (10 days) All structures shall be kept free from rodent and bird harborage and infestation. Where rodents are found, they shall be promptly exterminated by ap­proved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to elimi­nate rodent harborage and prevent re-infestation.  Where birds are found any and all defects must be abated and / or modifications made to prevent such harborage.  All bird droppings shall be removed in a safe and sanitary manner.  PENALTY: $200 Municipal Infraction Citation.