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Property Maintenance Regulations
The Department of Code Enforcement has jurisdiction in the enforcement of ordinances which regulate public nuisances. Public nuisances jeapordize the health, safety and sanitation of the general public; reduce real estate value; contribute to reduced tax revenue; impede the improvement of the aesthtic conditions of the Village; and hinder growth and development. Abating public nuisances includes issuing notices of violations, summonses to appear in Mayor's Court and abatement measures undertaken by the Village.
Rutland Municipal Code 152.275
Section 152.275(A) of the Rutland Municipal Code provides that any structure or real estate that is found to be in a condition to endanger the health, safety and welfare of the occupants of the same, or the surrounding residents, or those of the general public constitutes a public nuisance.
Section 152.278 of the Rutland Municipal Code provides that the Mayor may declare any structure or real estate to be a public nuisance if the Mayor finds that such structure or real estate is in a condition to endanger the health, safety and welfare of the occupants of the same, or the surrounding residents, or those of the general public.
If a structure or real estate is declared to be a public nuisance, the owner of record must correct the cause or causes of such public nuisance. Failure to do so is an unclassified misdemeanor, and can result in a maximum fine of $500.00, 180 days in jail, or both.
To learn more about the management of dangerous dwellings and structures, click here.
Section 93.26 of the Rutland Municipal Code prohibits persons from abandoning, discarding, or knowingly permitting to remain on premises under the person's control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container having a capacity of 1.5 cubic feet or more and an opening of 50 square inches or more, and which has a door or lid equipped with a hinge, latch or other fastening device capable of securing such door or lid. Those who violate this Ordinance are guilty of a misdemeanor of the fourth degree and can subject themselves to a maximum fine of $250.00 or a prison term of 30 days. Community service may also be sentenced by the Mayor's Court.
Section 93.27(A) of the Rutland Municipal Code prohibits persons from depositing litter or causing litter to be deposited on any public property, on private property not owned by the person, or in or on the waters of the Village of Rutland, unless such litter is being discarded in a secure receptacle, or is being collected and deposited as part of a litter collection drive.
Section 93.27(B) of the Rutland Municipal Code prohibits persons from placing garbage in receptacles not belonging to them, unless the litter was generated on the property on which the receptacle is located; the person is directed to do so as part of a litter collection drive; or the litter consists of beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle; or beverage containers, food sacks, wrappings, containers, and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
Those who violate either Ordinance are guilty of a misdemeanor of the third degree and can subject themselves to a maximum fine of $500.00 or a prison term of 60 days in jail. Community service may also be sentenced by the Mayor's Court.
Section 93.25 of the Rutland Municipal Code prohibits persons from dumping refuse on any land or in any watercourse in the Village of Rutland, which includes without limitation paper, brush, rubbish, tin cans, vegetation, garbage, or refuse of any kind. The Village of Rutland does not currently operate a landfill, so no license would be granted from the Mayor's Office to dump refuse. Those who violate this Ordinance can subject themselves to a maximum fine of $500.00, a prison term of 180 days, or both. Community service may also be sentenced by the Mayor's Court.
Section 95.06 of the Rutland Municipal Code prohibits persons from allowing an abandoned junked vehicle to remain on his or her property unless confined within a garage or other similar suitable structure. As defined in Rutland Muni. Code Sec. 95.06, "abandoned junk motor vehicle" means any motor vehicle meeting all of the following requirements:
The vehicle is three years old or older;
The vehicle is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission;
The vehicle is apparently inoperable; and
The vehicle has a fair market value of $1,500 or less.
Any person found in violation of the above Ordinance is guilty a minor misdemeanor and will receive a compliance notice ordering that the abandoned junk motor vehicle be placed into a garage or other suitable structure or removed from the property not longer than 10 days from the date of issuance of the notice.
Failure to comply will result in a summons to appear in the Village of Rutland Mayor's Court. Each 30 days that the violation is not corrected will result in a separate offense.
Section 93.60 of the Rutland Municipal Code prohibits property owners from leasing or renting, or allowing the occupancy of, a habitation which is unclean or unsanitary in nature. Pursuant to Rutland Muni. Code Sec. 93.61, habitations are deemed unclean or unsanitary when any of the following conditions exist:
Infection with communicable disease;
Absence of the toilet facilities required by law or ordinance;
Presence of sewer gas;
Dampness or wetness due to lack of repair;
Accumulation of dirt, filth, litter, refuse, or other offensive or dangerous substances likely to cause sickness among the occupants;
Defective or improperly used drainage, plumbing, or ventilation facilities likely to cause sickness.
Whoever violates the above Ordinance can subject themselves to a maximum fine of $500.00. Community service may also be imposed by the Mayor's Court.
Section 93.60 of the Rutland Municipal Code prohibits property owners from leasing or renting, or allowing the occupancy of, a habitation which is unclean or unsanitary in nature. Pursuant to Rutland Muni. Code Sec. 93.61, habitations are deemed unclean or unsanitary when any of the following conditions exist:
Infection with communicable disease;
Absence of the toilet facilities required by law or ordinance;
Presence of sewer gas;
Dampness or wetness due to lack of repair;
Accumulation of dirt, filth, litter, refuse, or other offensive or dangerous substances likely to cause sickness among the occupants;
Defective or improperly used drainage, plumbing, or ventilation facilities likely to cause sickness.
Whoever violates the above Ordinance can subject themselves to a maximum fine of $500.00. Community service may also be imposed by the Mayor's Court.