BELLE — Belle aldermen passed Ordinance 593 on May 12 to enforce homeowners, landlords and renters to regulate maintenance on private properties in town.

Mayor Josh Seaver introduced the ordinance for the second time for the board to continue discussion and vote on the measure. He read aloud from Chapter 400.460.

“Property owners shall be responsible for the maintenance of the owner’s property and premises in a manner consistent with the provisions of this ordinance, provided, hower, that an owner may require a written agreement that a tenant, lessee, occupant of the owner’s property maintain same in accordance with this ordinance but failure of such tenant, lessee, or occupant to so maintain the owner’s property shall not relieve the owner of the owner’s responsibilities hereunder,” Seaver read.

“So what that means is the owner is still responsible,” Aldermen Ken Seaver clarified.

Seaver and other aldermen confirmed that was correct. Seaver continued to read Chapter 400.461 that outlined the condition buildings and accessory structures on a property in town must maintain.

“The existence of any of the following conditions on buildings, accessory structures or property where same has an adverse impact on safety, health, environment, aesthetics, or property values of properties in the near vicinity as a result of being visible from outside the property, is declared to be a nuisance and will be abated under Chapter 215 of the Belle City Code,” Seaver read.

Conditions were outlined and number to cover 32 items from broken windows/shutters, rain gutters, deteriorating roofs, excessive peeling paint, mold or mildew on a structure, broken garage doors, deteriorating driveways, broken light fixtures or fixtures pointed at a neighboring residence, exposed exterior walls, broken screens, doors or windows, broken staircases and railings, property damaged or destroyed by fire or acts of nature have three months to demolish or make repairs, torn or ripped window awnings, inadequately secured antennas, damaged or rotted mailboxes and posts, graffiti, construction projects that are on-going more than 12 months except when a valid building permit has been requested/extended.

Scattered building or repair materials in a yard, storage of construction, repair or maintenance material or equipment on a premises that is not to be used on the premises, construction debris and refuse remaining on the property for thirty days, lumber or construction materials (excluding materials for for a project on the property with a valid permit, missing finishes on exterior walls and chimneys, windows, doors, or building exteriors covered with but not limited to aluminum foil, cardboard, plywood, or plastic, except during construction or pending permanent repairs, improperly planted or maintained lawn areas that fail to prevent erosion, excessive dust or accumulation of water or mud, piles of dirt, sand, gravel, rock mulch in excess of 30 days, rotted firewood, erosion caused by lack of ground cover, resulting in dirt accumulation on sidewalks, streets or adjacent properties, swimming pools that are not properly maintained and that constitute an adverse impact on safety, health, environment, aesthetics or property values of properties in the near vicinity.

Lastly, with regard to buildings, accessory structures on property, garages or carports, the maintaining, doing, keeping, or permitting the maintaining, doing or keeping of anything injurious and/or offensive to the public health, safety, welfare, and/or peace and comfort to the residents or community, or where same has adverse impact on the aesthetics or property values of properties in the near vicinity.

Mayoral candidate Terry Connors who was present at the meeting asked if he could ask a question after the reading.

“That is a little broad, too broad as a matter of fact,” Connors told the board.

Aldermen were quiet, until Seaver asked which part Connors was concerned about.

“The whole thing is too broad,” Connors said. “You are sitting there saying that just in one item, construction has to be done after 12 months? It might take more than 12 months if there is serious construction going on and this is anything, I am not talking just about a house, but about a business, building or anything like that.”

Connors said one thing contractors do not allow for is inclement weather and said the ordinance only touches briefly on that when it lists a disaster preventing the project from completion.

“But it’s not a disaster if it is not declared a disaster,” Connors said. “My concern is I’ve had some construction going on at my house for over four months now and that is primarily due to inclement weather.”

Connors said he can’t ‘get up when it’s blowing grass on the ground, then it is blowing hard on the ceiling.’

Alderman Tony Gieck asked Connors if he had a building permit for the construction at his hotel, Connors Country Lodge, formerly the Belle Motel.

“Well yes, but the point as a building permit is only good for, what, three months?” Connors asked.

City Clerk Frankie Hicks pointed out that a permit may be extended in such cases. Connors asked if he had to pay again for another extension and Hicks said no.

“That brings up a question, cause like I said, it’s a little broad,” Connors said.

Hicks added that a building permit is good for a year at a time.

“That is reasonable,” Connors said. “I’ve just seen a lot of problems due to inclement weather with construction and repairs and things like that and that is the reason I think that ordinance is just a little broad.”

The board tried to reiterate that Connors’ concerns were covered under various other ordinances.

“As long as you keep your building permit valid by coming in and extending it, you are extending the whole process here,” Gieck said.

Connors said he is also concerned about the window blocking.

“If you are blocking a window from the inside, I understand that, and I understand junk everywhere and piles of trash, I understand wholeheartedly,” Connors said. “But we are talking about cutting grass for god’s sake. In this ordinance, what kind of time do you got before somebody says something, I am talking about city officials now, what kind of time do you have as far as responding to that. I have heard things like ‘we will just send them a bill.’ No, that is illegal, you can’t do that, the only one who can send a bill is a magistrate or a judge and that is after they go to court.”

Alderman Jeanette Struemph said they discussed that at the last meeting and tabled the ordinance to be revisited at the May meeting so they could structure that.

“That is my concern because we are opening ourselves up to a lawsuit,” Connors said.

Alderman Courtney Abel made a motion to waive the second reading and Struemph seconded.

“There is nothing in this ordinance here pertaining to grass cutting, this was mainly just for structures, ground covering, driveways -- there is nothing on here about cutting grass,” Gieck said to the group at large. “So therefore, the grass cutting goes back to the old ordinance where you get a letter and have 15 days.”

Gieck said he is all for shortening the 15 days a property owner has to cut their grass, which is laid out in a separate ordinance.

The board approved 4-0 to waive the second reading. Then Struemph made a motion and Stanfield seconded to pass the ordinance with 4-0 vote.