ARTICLE C. PROPERTY MAINTENANCE PROVISIONS
SECTION:
8-1C-1: PURPOSE:
The provisions of this article set forth minimum level of property maintenance standards to advance the goal of the comprehensive plan to "improve the image of the city" and the following purposes:
A. To promote the life, health, safety, aesthetic, economic, and general welfare of the citizens of Garden City.
B. To protect individuals from health and safety hazards and the impairments of property values that result from the neglect and deterioration of property.
C. To protect neighborhoods against nuisances, blight, and deterioration.
D. To protect the livability and economic stability of the entire city. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-1C-2: APPLICABILITY:
A. This article shall apply to all existing residential and nonresidential buildings, structures, and lands without regard to the use, date of construction, improvement, or alteration.
B. Buildings, structures, or portions thereof determined to be unsafe shall be abated in accordance with the provisions of the building code for the abatement of dangerous buildings.
C. Buildings, structures or properties determined to be nuisances shall be abated in accordance with the provisions of title 4, chapter 3, "Nuisances", of this code. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)
8-1C-3: PROPERTY MAINTENANCE:
A. All land visible from the public right-of-way, including exterior premises and vacant land, whether improved or unimproved, and exterior areas under any roof not enclosed by the walls, doors, or windows of any building, shall be maintained free from the following:
1. Any accumulation of garbage, debris, rubble, hazardous waste, litter, rubbish, refuse, or waste material, including, but not limited to:
a. Graffiti on walls, buildings, structures, fences, and mailboxes;
b. Bottles, cans, paper, plastic, rags, broken glass, organic or inorganic material;
c. Tires, auto parts, lumber, covering (carpet, pads, vinyl), scrap iron, tin, similar materials or other metal not neatly stacked; or
d. Anything that becomes a hazard to the public health and safety or harbors insect, rodent, or vermin infestation.
2. The exterior visible use or display of tarps, plastic sheeting, or other similar materials as flexible or inflexible screening, used as fencing, or wall covering which is not part of a manufactured screen or fence assembly.
3. Heavy equipment, including but not limited to: forklifts, backhoes, tractors, or similar types of construction or commercial equipment other than equipment used for residential gardening or property maintenance purposes, active construction sites, or where permitted.
4. Vehicles: Vehicles that are inoperable, which includes motor vehicles without current registration, for more than three (3) months shall be enclosed in a structure or located in the rear or side yard and screened from view.
5. Unless permitted by the zoning district or through a conditional use, any abandoned, unattended, discarded, broken or inoperable commercial or industrial equipment, appliances, machinery, freezers, refrigerators or other household items, equipment, furnishings, or any container, appliance or equipment.
6. Any object, tree, or bush on private property that interferes with, obstructs, partially obstructs, or renders dangerous the free passage, use, or vision in the customary manner of any sidewalk, street, alley, highway, or traffic light or sign in the city.
7. Any landscaping on site or adjacent right-of-way to edge of pavement that is visible from public property which is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated appearance; uncultivated plants, weeds, tall grass, tumbleweeds, uncultivated shrubs or growth (whether growing or otherwise) higher than six inches (6"); or any dead trees and branches, bushes, shrubs, or portions thereof; or trees that harbor insect or rodent infestations, or may become a fire hazard, or result in a condition which threatens the health and safety of adjacent property owners or occupants.
8. Furniture intended for indoor use being utilized outdoors, discarded or broken furniture; bicycles, bicycle parts, and toys; mattresses, bedding or any similar item or packing materials.
9. Any unguarded and unprotected, or abandoned excavation, pit, well, cellar, hole, trench or other excavation of more than two feet (2') in depth on any unenclosed lot that may constitute a threat or public hazard.
B. Maintenance Of Fences And Walls: All fences, screen walls, and retaining walls visible from the public right-of-way shall be maintained as follows:
1. Structurally sound, safe and uniform in color, structure and design; and
2. Do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight, or conditions of disrepair include, but are not limited to: leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of surface finish, rotting, or damaged components.
C. Accumulation Of Stagnant Water: All premises shall be maintained so as to prevent the accumulation of stagnant water which otherwise may cause a hazardous or unhealthy condition; become a breeding area for insects; or allow soil erosion or damage to foundation walls visible from the public right-of-way.
D. Refuse Collection: All properties shall comply with the requirements for municipal refuse collection as set forth in title 4 of this code.
E. Swimming Pools, Spas, Hot Tubs And Fountains: All swimming pools, spas, hot tubs, and fountains shall be properly maintained as follows:
1. Do not create a health or safety hazard, harbor insect infestation, or a visibly deteriorated appearance;
2. Water shall not be allowed to stagnate; and
3. Fencing or other barriers required for swimming pool and spa enclosures shall be properly maintained as specified in title 7, "Building Regulations", of this code at the time of pool construction.
F. Vacant And Unsecured Buildings: Vacant and unsecured buildings, structures, and premises shall be actively maintained and monitored through the following provisions:
1. Maintenance of landscaping and plant materials in good condition, free of weeds, litter and rubbish;
2. Maintenance of the exterior of the building, including, but not limited to, paint and finishes;
3. Regular removal of all exterior trash, debris, and graffiti;
4. Maintenance of the building in continuing compliance with all applicable codes and regulations; and
5. Prevention of reoccurring criminal activity on the premises.
G. Fences And Walls; Obstruction Of Vision: Fences and walls shall not obstruct the clear vision triangle or access to required parking, public utility boxes, meters or other infrastructure.
H. Fire Hazard: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved as specified in the International Fire Code.
I. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point, other than that of the creator of such disturbance.
J. Noise And Vibration: No noise or vibration shall be permitted which is ongoing and disturbing to normal conversation and/or disturbing sleep on adjoining properties.
K. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the air pollution agency.
L. Erosion: No erosion shall be permitted which will carry objectionable substances onto neighboring properties.
M. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority and other agencies with jurisdiction.
N. Outdoor Display Of Merchandise: The outdoor display of merchandise shall be allowed in compliance with the following standards:
1. Merchandise for sale shall be displayed outdoors only during hours the business is open, except for merchandise associated with the following uses: building material, garden and equipment; equipment rental, sales and service; nursery; vehicle sales and rental.
2. The sale of the merchandise displayed outside shall be associated with a specific business located on the site.
3. The outdoor display shall not be located on the public right-of-way, including sidewalks; in the parking lot or in a landscaped area.
O. Outdoor Lighting: Outdoor lighting shall be in compliance with the following standards:
1. All fixtures shall be located or shaded as to prevent direct glare into a street and to minimize impact on abutting properties.
2. Floodlight fixtures shall be set to only go on when triggered by activity on the property (sensor activated) and must turn off within ten (10) minutes of turning on.
3. Floodlight fixtures shall be installed so that they do not tilt up more than forty-five (45) degrees down from vertical.
4. Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield.
5. Laser source light or any similar high intensity light when projected above the horizontal is prohibited.
6. Strobe lights are prohibited, except for emergency uses.
7. Searchlights are prohibited, except where approved for public or temporary uses.
P. Outdoor Service And Equipment Areas: Outdoor service and equipment areas shall be maintained in compliance with the following standards:
1. All on-site service areas for waste, recycling, or trash and equipment areas for transformer and utility vaults shall be located in an area not visible from a public street or adjoining property, or shall be screened from view from a public street and adjoining property with a privacy fence.
Q. Outdoor Storage: Where allowed the outdoor storage of vehicles, equipment, materials, or merchandise shall be in compliance with the following standards:
1. No outdoor storage items shall block sidewalks, driveways to the site, or impede vehicular and pedestrian traffic and parking.
2. For nonresidential uses, outdoor storage areas shall be screened from the view of adjacent property by a solid masonry wall or privacy fence or approved landscape buffer. The height of the wall or fence shall be the maximum of eight feet (8').
3. For residential uses, outside storage of materials shall be screened with a six-foot (6') privacy fence.
4. No junk materials, goods, merchandise, or wares shall be stored outside in any residential zoning district or visible from an arterial street.
5. Outdoor storage areas shall not exceed fifty percent (50%) of the total area of the site except where landscaping is provided in addition to the required setbacks as follows:
a. The additional landscaping shall be equal to at least ten percent (10%) of the area of storage that is over the fifty percent (50%) of total site area; and
b. The additional landscaping shall be located on the outside of the required solid masonry wall or privacy fence.
c. Notwithstanding the provisions of this subsection, outdoor storage shall be allowed without landscaping in conjunction with the following land uses: agriculture; building material, garden and equipment; equipment rental, sales and services; nursery; vehicle sales and services.
6. Building materials to be used in the construction of any building may be temporarily stored on the premises where the structure is to be built or renovated for not to exceed sixty (60) days in advance of the commencement date of construction or sixty (60) days after the termination date of construction.
7. Outside storage for commercial or industrial uses shall be limited to those items owned or used by the business.
8. Outside storage for a residential development or recreational vehicle park shall be limited to recreational vehicles or personal recreation items of the owners and/or tenants.
R. Accessory Structures: In all districts, no garage, tent, trailer, fifth wheel, motor coach, recreational vehicle, travel trailer or other accessory structure shall be erected or used for living quarters or sleeping quarters outside of an approved recreational vehicle park for more than fourteen (14) consecutive days.
1. The quarters may not be utilized more than two (2) times per calendar year from January 1 through December 31 for living or sleeping quarters outside of an approved recreational vehicle park.
2. No recreational vehicle shall be allowed to connect to Garden City utilities outside of an approved recreational vehicle park.
S. The owner(s) of land abutting any public street in the city shall be responsible for maintaining the sidewalk in good repair and free from hazards such as debris, weeds, cracks, or ice.
T. Outdoor Parking And Loading:
1. Loading zones shall not impede bicycle lanes, multiuse paths, sidewalks, or vehicular travel on public roads.
2. Nonresidential on-street parking is not permitted on a routine basis unless in conjunction with permit parking.
3. Parking of one (1) commercial motor vehicle per property may be allowed at a residential dwelling, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation.
4. One (1) boat and one (1) recreational vehicle less than thirty feet (30') in length may be stored on an approved pad in the side or rear yard at a residential dwelling.
5. Motor vehicles that are inoperable or vehicles without current registration shall not be parked on a public street.
6. Loading zones outside of an enclosed space within fifty feet (50') of a residential use shall not operate between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 1034-22, 6-12-2023)