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HomeMy WebLinkAbout2004-07-03 p ORDINANCE NO. A 0('W y�) AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 93-11-2 SECTIONS 1 AND 2, AND ORDINANCE NO. 967 SECTION 3 OF CHAPTER 5.08 OF THE BATESVILLE MUNICIPAL CODE TO SPECIFY REQUIREMENTS FOR UNSIGHTLY AND UNSANITARY CONDITIONS OF REAL PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL AS FOLLOWS: SECTION 1. The following hereby amends Ordinance No. 93-11-2 Sections land 2, Ordinance No. 967 Section 3, Chapter 5.08 Sections 5.08.01, 5.08.02 and 5.08.06 of the Batesville Municipal Code: 5.08.01 Unsightly or unsanitary conditions on real property. It shall be unlawful for any person, firm, or corporation, partnership, association of persons, owners, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved within the corporate limits of the City of Batesville, to suffer or permit any of the following conditions: A. Grass or weeds that: a. Exceed eight (8) inches in height in all residential districts; or b. Exceed eight(8) inches in height on lots in all commercial zone districts and industrial zone districts on which a structure is located; or c. Exceed twenty-four(24) inches in height on lots in all commercial zone districts and industrial zone districts on which a structure is not located; d. Except that the restrictions noted above will not apply to areas specifically designated or recognized by the city, the state, or the United States as agricultural, wetlands, open spaces, natural areas or wild flower areas. B. The open storage of iceboxes, refrigerators, or any other appliances for a period not to exceed thirty(30) days, and during storage period, all doors, latches, and locks are to be removed or made inoperative in a manner to insure the safety of all citizens, unless it is in connection with an appliance sales or repair business enterprise which operates under a duly issued and exhibited privilege license and is located in a properly zoned area. C. The use of any stream or drainage way for the purpose of throwing or placing of stumps, brush, liter, rubbish, or any other liquid or solid material within or along the © U banks of any such stream or natural drainage way, unless required permits have been obtained. D. The accumulation of stagnant pools of water, or allow any form of vessel that might accumulate water in which mosquitoes or other insects may breed. E. The property to be used for illegal dumping of any solid or liquid, household, commercial, industrial, construction, or demolition waste, including but not limited to: garbage, trash, tin cans, bottles, rubbish, refuse, lumber, whether dumped, thrown, burned, spilled, or abandoned unless required permits have been obtained. 5.08.02 Notice Required. Notice of Violation. Whenever the Mayor or his duly authorized agent or representative, determines that there are reasonable grounds to believe that there has been a violation of any provisions of this code, he shall give notice of such alleged violation to the person responsible therefore, that such alleged violation shall constitute a nuisance. Such notice shall: A. Be put in writing B. Include a statement of the reasons why it is being issued, and the sections of the ordinance that are alleged to be in violation. ( C. Allow a maximum of ten(10) days for performance of any act it requires. �+ D. Further state, that if such alleged violations are not voluntarily corrected within the stated time as set forth in the notice, the Mayor or his duly authorized agent or representative, shall institute legal proceedings, charging the person or persons, firm, corporation, or agent with a violation of this ordinance. The person responsible for the violation shall be notified by one or more of the following methods: A. By delivery to the owner, agent or responsible party, personally. B. By leaving the notice at the usual place, abode or business of the owner, agent or responsible party, with a person of suitable age and discretion; or C. By depositing the notice in the United States Post Office, addressed to the owner, agent or responsible party, at his last known address by certified mail, postage prepaid thereon; or D. By posting and keeping posted for a period of not less than twenty-four (24) hours, a copy of the notice in a conspicuous place on the premises, alleged to be in violation. 5.08.06 Penalty. Any person, firm, corporation partnership, association of persons, owner, occupant, agent, or anyone having supervision or control, who shall violate a provision of this code, or fail to comply therewith, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of the provisions of this code is committed or continued. Upon conviction of any such violation, such person shall be punished by a fine, not to exceed $300.00 for the first offense and not more than $200.00 for each day of offenses of a continuing nature. Violation of the provisions of this ordinance may be prosecuted by the issuance of a criminal warrant or by the issuance of a citation by a law enforcement officer as required by law. SECTION 2. Validity of Regulations: If any section, clause or phrase of these regulations shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 3. EMERGENCY CLAUSE: Due to the nature of this Ordinance in that urgent and timley attention is needed, an emergency is hereby declared to exist. Therefore for the public peace, health and safety, this Ordinance shall be in full force and effect from and after its passage. PASSED THIS DAY OF , 2004. ATTEST: DENISE JOHNSTON E BIARD, MAYOR