Chapter 9, Health & Sanitation Code
Summary of proposed Amendments
1. 9-203: The procedure for declaring and abating a health nuisance is modified.
Comment: This amendment is required to reflect changes in state statutes.
2. 9-204: The procedures for abatement by the City of a health nuisance in the event the owner fails to do so, and the collection of the costs associated therewith are amended.
Comment: This amendment is required to reflect changes in state statutes.
3. 9-407: Removal of trash receptacles
Comment: The current code does not include a specific time frame within which to remove containers. As a result, in some cases, trash receptacles remain at or near the curb for the entire week. Staff receives many complaints regarding this issue but has limited authority over which to require tenants or property owners to remove trash receptacles. This section is amended to require the removal of trash receptacles within 24 hours after the collection crew departs the property. Attached to this memorandum find pictures sent to our office requesting enforcement action. The author of the letter stated the trash is placed and left on the curb all week, until picked up by the sanitation department.
4. 9-603.2: The following terms are added to the definitions section: approved driveway, driveway surface, outdoor furniture, house numbers, porch, protective treatment, and trash receptacles. The definition of “abandoned motor vehicle” is expanded.
Comment: The definitions of garbage and refuse are amended to agree with the definitions for these terms in Chapter 9, Article 4. Several definitions are expanded or are included to further clarify the intent of the code and strengthen areas that are previously not included in the code. The definition of Abandoned Motor Vehicle is amended to include parking a motor vehicle in a location other than on an approved driveway. The definition also further describes the condition of the abandoned vehicle.
The driveway surface is defined to provide citizens and enforcement staff specific requirements that constitute a driveway surface.
Comment: This definition is added to the code to address questions about the requirements of a driveway surface. Staff encounters this issue often, requiring lengthy discussions on what constitutes an improved driveway surface. This inclusion will provide clear guidance and is consistent with the definition in other section of the city code.
The term furniture is included referring specifically to weather-resistant furniture designed for outdoor use. This provision will limit the placement of indoor furniture outdoors and in porches.
Comment: Staff receives numerous complaints on unsightly furniture designed for interior use, placed on porches and exterior yards. Enforcement action on this issue is limited due to no provisions in the code to address furniture on porches. Indoor furniture may present a fire hazard and has the potential to become infested with pests if left outdoors too long.
The definition of garbage is amended to agree with the definition of garbage found in Article 4.
The definition of a porch is included and intended to clarify this portion of a structure.
Comment: Staff has had some difficulty enforcing the removal of items from porches that constitute in environmental blight. In one case a citizen wrapped their porch in a tarp and indicated it was not a porch, but part of the enclosed house, eliminating the blighting issue from public view.
The definition protective treatment is included to address a surface coating that may limit deterioration of wood structures.
Comment: Staff encounters this issue when requiring property owners to paint.
The term refuse is amended to include specific wording defining specifically items that may constitute garbage and is consistent with the definition found in Chapter 9, Article 4.
Trash receptacles is defined and is consistent with the definition found in Chapter 9, Article 4. Including this definition will support staff in enforcement of the proposed amendment requiring the removal of receptacles within 24 hours of trash pick up.
Comment: This definition is included to provide information to the homeowner/tenant and staff when enforcing this code.
5. 9-605: The section on enforcement standards is amended to strike the language measuring the condition of a property under investigation against the quality and appearance of properties in the neighborhood.
Comment: This section is revised to include the wording “that violate this code.” Staff experiences challenges when enforcing this portion of the code. As amended, a violation may be found regardless of the condition of surrounding properties. A uniform standard throughout the City will improve the Department’s enforcement abilities.
6. 9-606.1: The section regarding unlawful acts – exterior conditions--is amended to clarify that indoor furniture may not be placed on porches, in yards or other outdoor locations. Bicycles and lawn mowers are stricken from subparagraph (c). A provision is added making it unlawful to leave dead or dying trees in the yard.
Comment: Dead or dying trees, if not removed, may result in the dead tree falling and damaging a neighbor’s property. Citizens have expressed concern about the hazards dead trees may pose.
7. 9-606.3: This section is added to clarify that failing to conspicuously display the assigned house numbers is a violation of Article 6.
Comment: Numerous properties are in need to appropriate house numbers. Conspicuously displayed house numbers assist public safety agencies responding to emergencies.
8. 9-606.4: As amended, it will be a violation of the Environmental Code (1) to fail to provide a trash receptacle for the containment of trash; (2) to fail to clean up scattered trash; (3) to place a trash receptacle at the curb too early; and (4) to fail to remove empty trash containers from the curb within 24 hours after the collection crew departs.
Comment: This section is added to describe a classification of unlawful conditions associated with trash and trash receptacles. Several property owners/ tenants leave containers at the curb on a regular basis. As occupants place trash in the receptacles during the course of the week, it may scatter throughout the neighborhood by wind or animals.
9. 9-607: This section is amended to reduce the amount of time the person in violation of the Environmental Code has to repair a violation of exterior conditions from 45 days to 30 days.
Comment: A reduction in time to correct the violation will ensure violations are corrected in the short time frame. In cases where more time is required, staff will work with property owners to ensure appropriate time is allocated for repairs.
10. 9-608: This amendment increases the maximum fine for a violation of the Environmental Code from $100 to $500.
Comment: Increasing the penalty may encourage property owners to actively make repairs or correct violations.
11. 9-610: Removal of vehicles.
Comment: This section is amended to conform to state statutes when a city removes a motor vehicle from private property.
12. 9-613: Expenses.
Comment: This section is amended to permit the City to recover all costs associated with sending notices of violation to an owner or occupant for violations of the Environmental Code.