Chapter 6.10
PROPERTY MAINTENANCE REGULATIONS
Sections:
6.10.010 Property maintenance responsibilities – Sidewalks and park strips.
6.10.020 Waste materials or junk prohibited on premises.
6.10.050 Vegetation interfering with public ways or property.
6.10.060 Dead or diseased trees located on private property.
6.10.070 Empty buildings to be kept secured.
6.10.080 Inspectors authorized to enforce chapter.
6.10.090 Penalties and remedies for violations.
6.10.010 Property maintenance responsibilities – Sidewalks and park strips.
(A) It shall be the duty of the owner, agent, occupant, and/or lessee of real property to keep their exterior property free of conditions which violate the provisions of this chapter.
(B) It shall be the duty of the owner, agent, occupant, and/or lessee of real property abutting and bordering on any public street in the City to keep the area between their property line and the curb or edge of the roadway free of conditions which violate the provisions of this chapter. Such area shall include sidewalks, park strips between streets and sidewalks, or other adjacent landscaped or open areas within a dedicated public right-of-way. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-1.]
6.10.020 Waste materials or junk prohibited on premises.
(A) Prohibition. It is unlawful for any owner, occupant, agent, and/or lessee of real property within the City to allow, cause, or permit the following material or objects to be in or upon any yard, garden, lawn, or outdoor premises of such property:
(1) Junk or salvage material;
(2) Litter;
(3) Any abandoned vehicle or inoperable vehicle.
(B) Exceptions. The prohibition in subsection (A) of this section shall not apply to:
(1) Materials or objects used, kept, or maintained in connection with a business enterprise lawfully situated and licensed for the same and operating in conformance with the land use code or other provisions of this code; or
(2) The outdoor storage of no more than one vehicle at a residence, as described in the definition of “Junk yard” in SCC 10.10.040.
(C) Prohibition on Park Strips, Sidewalks, Etc. It is unlawful for any owner, occupant, agent, and/or lessee of real property abutting and bordering on any public street in the City, for the distance such real property abuts and borders such street, to allow, cause, or permit litter, or junk or salvage material, to be in or upon the area from the property line to the curb line of the street or edge of the roadway. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-2.]
6.10.030 Weed control.
(A) Premises. It is unlawful for any owner, occupant, agent, and/or lessee of real property in the City to fail to maintain the height of weeds and grasses, in the manner provided herein, on such property, or to fail to remove from the property any cuttings from such weeds or grasses.
(B) Park Strips. It is unlawful for any owner, occupant, agent, and/or lessee of real property in the City abutting and bordering on any public street, for the distance such property abuts and borders the street, to fail to maintain the height of the weeds and grasses, in the manner provided herein, in the area from the property line to curb line of the street, or to fail to remove from such area any cuttings from such weeds or grasses.
(C) Weed Control Specifications.
(1) Except as otherwise provided in subsection (C)(2) of this section, weeds and grasses shall be maintained at a height of not more than six inches at all times, and the cuttings shall be promptly cleared and removed from the premises; provided, however, that this subsection shall not be applicable to any ornamental grass so long as it is used and maintained solely, or in combination with any other ornamental grass or grasses, as a supplement to an overall landscaping plan.
(2) Weeds and grasses shall be maintained at a height of not more than 12 inches at all times on any of the following properties, and the cuttings shall be promptly cleared and removed from the premises:
(a) Ditches, ditch rights-of-way, or railroad rights-of-way; and
(b) Undeveloped property or vacant lots with no buildings or structures located thereon.
(3) Weeds which are eradicated by chemicals must be done so before their height exceeds the height limits provided herein, or they must be cut at a level not exceeding such height limits.
(4) Weeds which are roto-tilled or removed by the root must be buried under the soil or removed from the property.
(5) When, in the opinion of the Fire Chief, or any Assistant Fire Chief, the large size or terrain of property makes the cutting of all weeds or grasses impractical, the Fire Chief, or any Assistant Fire Chief, may, by written order, allow and limit the required cutting of weeds and grasses to a firebreak of not less than 15 feet in width cut around the complete perimeter of the property and around any structures existing upon the property, unless the Fire Chief, or Assistant Fire Chief, determines that a firebreak of a lesser width will provide adequate protection against fire spread at the particular location.
(6) The Fire Chief may from time to time exempt from, or limit, in whole or in part, the required cutting of weeds and grasses for property established and maintained as a nature park or wetland mitigation area, if the Fire Chief, or Assistant Fire Chief, determines that such limitation or exemption will not present a potential fire hazard to adjacent properties. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-3.]
6.10.040 Noxious weeds.
It shall be unlawful for the owner or occupant of any real property to allow to grow on such property any noxious weeds or other noxious vegetable growth determined by the county health department to be especially injurious to public health, crops, livestock, land, or other property. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-4.]
6.10.050 Vegetation interfering with public ways or property.
It shall be unlawful for the owner or occupant of any real property to allow vegetation on the owner’s or occupant’s real property to grow to such an extent or in such a manner that, because of its proximity to public property or a public right-of-way, it interferes with the safe or lawful use of public property or the public right-of-way, or obstructs the vision of any posted uniform traffic control device. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-5.]
6.10.060 Dead or diseased trees located on private property.
It shall be unlawful for the owner or occupant of any real property to keep dead or diseased trees that constitute a hazard to public or adjacent private property. Trees shall be considered dead once natural growth has ceased in more than 50 percent or more of the tree crown. Diseased trees shall be indentified by a professional arborist to establish the hazard potential based on the disease found. Dead portions may be removed so long as the removal does not inhibit the structural integrity of the tree; otherwise, the entire tree shall be removed. Hazard areas constituted within this section shall include public rights-of-way, private or public buildings, occupied spaces such as parks or private play areas, and parking locations. [Ord. 10-09 § 1 (Exh. A); Code 1971 § 6-2-6.]
6.10.070 Empty buildings to be kept secured.
It shall be unlawful for the owners or agents or persons in charge of unoccupied buildings or structures within the City to fail to keep such buildings and structures closed and securely locked or otherwise secured against entry. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-7.]
6.10.080 Inspectors authorized to enforce chapter.
(A) The City shall employ Inspectors who are authorized to enforce the provisions of this chapter.
(B) Powers and Duties.
(1) An Inspector is authorized and directed to inspect and examine real property situated within the City for the purpose of determining whether a property maintenance violation exists.
(2) All matters involving health shall be pursued in coordination with the county health department. All matters involving weeds or other fire hazards shall be pursued in coordination with the Fire Department. All matters involving the boarding of dangerous buildings shall be pursued in coordination with the Building Official. All matters involving the lawful use of land under the land use code shall be pursued in coordination with the Community Development Director, or the Director’s designee.
(3) The City Administrator may assign primary responsibility in those areas of overlapping jurisdiction. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-8.]
6.10.090 Penalties and remedies for violations.
(A) Misdemeanor. Owners, agents, occupants, and/or lessees who fail to pay civil penalties according to established time frame(s) and/or prohibit the abatement after the notice period shall be cited a Class B misdemeanor and upon conviction shall be punished according to law.
(B) City Abatement and Associated Penalties. Litter or other unlawful accumulations or conditions not removed from private property, or adjacent sidewalks, park strips, or other adjacent areas for which the person is responsible under the provisions of this chapter, may be removed by the City pursuant to Chapter 6.15 SCC, with costs and expenses for such cleaning or removal, administrative fees and civil penalties to be assessed in accordance with the provisions of such chapter and the Syracuse City consolidated fee schedule.
(C) Civil Penalties. Owners, agents, occupants, and/or lessees who fail to correct a violation of the provisions of this chapter after notice of violation and expiration of the warning period shall be subject to the following civil penalties:
(1) The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial penalty of $125.00.
(2) The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of $250.00.
(3) Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any recurring violation of this code, shall subject the responsible party to the maximum penalty of $500.00.
(D) Other Remedies. This chapter may also be enforced by injunction, mandamus, judicial abatement, or any other appropriate action in law or equity.
(E) Daily Violations. Each day that any violation of this chapter continues shall be considered a separate offense for the purposes of the penalties and remedies available to the City.
(F) Compliance. Accumulation of penalties for violations, but not the obligation for payment of penalties already accrued, shall stop on correction of the violation.
(G) Cumulative. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce the provisions of this title. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-2-9.]