§ 14.04.09. OPERATION AND MAINTENANCE STANDARDS.

A. Maintenance standards.

1. General. When the standards and procedures of this Code or by conditions attached to any permit, development approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those building or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they die after installation. In addition, property owners shall be responsible for each of the additional maintenance, replacement, and operating standards set forth in this section.

2. Landscape maintenance. Landscaping shall be maintained in an orderly and healthy condition. This shall include regular pruning, mowing of turf, weeding, removal of litter, fertilizing, replacement of plants when necessary, and application of appropriate quantities of water to all landscaped areas. Maintenance practices shall include performing routine irrigation system repair and adjustments, scheduling irrigation, using moisture-sensing or rain shut-off devices, conducting water audits, and prescribing the amount of water to be applied per landscaped area.

3. Access and circulation maintenance. Required ingress, egress, and circulation improvements shall be kept clean and in good repair.

4. Parking and loading area maintenance. Parking and loading areas shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly, and broken or splintered wheel stops shall be replaced so that their function will not be impaired. Painted parking space boundaries, handicap designations, and directional symbols shall be maintained so as to be easily distinguishable.

5. Trash facilities maintenance. It shall be the responsibility of the property owner to ensure that the immediate surroundings and the floor of trash/recyclable material enclosures are kept clean and free of debris, that the enclosure gates have operable latches, that the enclosure gates remain closed, and that the container lids remain closed at all times except during periods of actual use. Trash to be collected may be placed at the street right-of-way line on the assigned collection day for a period not to exceed 12 hours.

6. Sign maintenance.

a. General. Signs shall be maintained by the owner or person in possession of the property on which the sign is located in conformance with the conditions of the sign permit.

b. Damaged signs. A damaged sign base shall be repaired within 60 days. If the Zoning Administrator determines that a damaged sign may pose a hazard to public safety, it shall be repaired or removed immediately.

c. Pole covers and sign cabinets. Internally illuminated sign cabinets or sign panels that have been damaged shall not be illuminated until repaired.

7. Easement maintenance. An easement area shall be maintained by the property owner, except for those improvements for which a public authority or utility company is responsible.

B. Operating standards. All structures, uses, and activities in all zone districts shall be used or occupied so as to avoid creating any dangerous, injurious, noxious or otherwise objectionable condition that would create

adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this Code are presumed to be a violation of this division B. Property owner responsibilities under this section shall include but shall not be limited to the following:

1. Glare. Direct or reflected glare, including glare from exterior lighting, shall not be visible at the property line.

2. Noise. All activities shall comply with Chapter 9.30 of the City Code and shall be conducted so as to avoid the creation of any noise that would create a public nuisance or a nuisance interfering with the use and enjoyment of adjacent properties. Any amplified sound equipment shall be mounted so as to direct sounds inward from properties, rather than outward towards property boundaries. Amplified sounds shall not be allowed to cross property lines unless a temporary use permit has been issued for that purpose in connection with a special event.

3. Odors. All activities shall comply with state statutes and regulations. No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds applicable federal or state regulations. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a development or building permit.

4. Smoke. All activities shall comply with state statutes and regulations. No operation shall discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit established by such conference or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

5. Vibration. No use or activity shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction is excluded from this restriction.

6. Hazardous materials. All uses and activities shall comply with state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.

7. Materials and waste handling. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this Development Code. Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground. All sewage and industrial wastes shall be treated and disposed of in compliance with the water quality standards applicable of the state and federal government.

8. Electromagnetic radiation. No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source. In case of governmental communications facilities, governmental agencies, and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.

9. Nuisance prohibited. All structures and land uses within the city shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances.

(Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 16-1160, passed 9-13-2016)