§ 11-2. Care and maintenance of premises.

(a)

Care of premises.

(1)

It shall be unlawful for the owner or occupant of a building, structure or property to utilize the premises of such property for the open storage of any icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such property clean and to remove from the premises all such abandoned items as listed above, including but not limited to, weeds, hedges, dead trees, trash, garbage, etc., upon notice from the planning and development department.

a.

It shall be unlawful for the owner or occupant of a building or structure to utilize an unenclosed front porch or an unenclosed carport for nonincidental storage. The storage or use of indoor furnishings, including but not limited to items such as a couch or an upholstered chair or any other inappropriate materials on an unenclosed front porch or an unenclosed carport shall be in violation of this Code section.

EXCEPTION: Property where outdoor storage is authorized by the zoning ordinance.

(2)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.

Neglected property means a parcel or parcels of land which have been developed and have been neglected by the owners by not keeping it cut to prevent overgrowth or by allowing the property to be used as a dumping ground for foreign materials.

(3)

In that regard, the city shall have the right to have neglected lots cut and/or cleared of weeds and debris after ten (10) days' notice to the owner or occupant. A fi. fa. shall be issued against the property owner(s) for the cost in the same manner as provided for the issuance of executions for ad valorem taxes of the city.

(4)

In addition, the city pursuant to City Code Chapter 21 is authorized to remove iceboxes, refrigerators, stove, glass, building materials, rubbish or similar items.

(b)

Undeveloped property of one (1) acre or greater in size, property maintenance requirements sanitary conditions on premises required; procedures; enforcement.

(1)

Every person, whether owner, tenant, agent, or employee owning, holding, or occupying property in the city shall, at all times, maintain the property, whether a vacant lot or otherwise, in a clean and sanitary condition, keeping all weeds cut, wastepaper, trash and other rubbish of every sort cleaned off of the property. Said duty to maintain property in a clean and sanitary condition shall include the duty to cut and remove undergrowth, such as kudzu, briars, weeds in excess of twenty-four (24) inches in height, honeysuckle, other vines and seedlings, whenever such undergrowth becomes a nuisance to persons residing in the area or operating businesses in the area. If such undergrowth exists a code enforcement officer may reduce the extent to which how much of the property must be maintained in such condition provided there are no imminent threats to the health or safety of the public.

(2)

It shall be the duty of the code enforcement officer or a designee thereof to give five (5) days' written notice, by certified mail, return receipt requested or issuance of a citation, and take reasonable steps to deliver in person to any owner of property or other person violating this section to appear before the municipal court to show cause why these provisions have not been complied with. After a hearing, if it is deemed by the municipal court that this section has not been complied with, such owner or other person shall be given five (5) days to comply and if he/she fails or refuses to do so, the code enforcement officer shall thereupon cause the work to be done. For purposes of giving the notice to the owner of the property, as provided for herein, the person shown as the owner of said property on the ad valorem tax records of the city shall be sent such notice at the address shown thereon, unless the city receives actual notice that another person owns said property, that owner shall be responsible for said violation.

(3)

When the code enforcement officer has caused weeds to be cut from any premises, or wastepaper, trash or other rubbish removed, a notice shall be prepared assessing the cost of the cutting of those weeds, cleaning and rendering sanitary such vacant lot or other property against the owner, tenant, agent, or employee owning, occupying or controlling the property. The cost of such action shall be a lien upon the property so cleaned and rendered sanitary and a debt against the owner, tenant, agent or other party in charge of the property. A fi fa shall be issued against the property owner for the cost in the same manner as provided for the issuance of executions for ad valorem taxes of the city.

(4)

A written statement shall be furnished by the code enforcement officer to the owner, agent, or other party in charge of the property subject to the assessment provided for herein showing the amount of the assessment. It shall be the duty of the owner, agent, or other party in charge of the property subject to the assessment to pay the city within thirty (30) days after the receipt of the statement the entire amount of the assessment against the property and the owner, tenant, agent, or other party in charge of the property.

(5)

Any owner, tenant, agent, or other party in control of property subject to assessment as provided herein who fails or refuses to pay to the city the amount of such assessment at the expiration of thirty (30) days after the service of the notice of statement provided above, the city clerk shall issue a fi fa against the property owner for the cost in the same manner as provided for the issuance of executions for ad valorem taxes in the city. The owner, tenant, agent, or other party in control of the property subject to the assessment and also against the property of the owner, tenant, agent, or other party in control of the property upon which the work in question is performed. The execution shall assert and be a lien against the property from the day of the completion of the performance of the work hereinbefore described and shall bear interest at the rate of one (1) percent per month from the date on which it is issued.

(Ord. No. 42-02, 10-3-02; Ord. No. 32-05, § 1, 6-2-05; Ord. No. 51-08, § 1, 12-4-08)