§ 25. Owner and Tenant Responsibility for Cleanliness of Property.

(a)

It shall be the lawful duty of the owner or operator and the occupant of any premises, within their respective areas of responsibility as specified herein below to keep interiors and exteriors, including premises, yards, lawns, courts and alleys clean, clear and free of any public or attractive nuisance, accumulation of dirt, junk, junk vehicles, rubbish, garbage, debris, combustible materials and to ensure all vehicles are parked on all-weather surfaces at all times. Interiors and exteriors shall also be kept clean, clear and free of any conditions conducive to the spread of fire or disease. The exterior of the premises and the condition of necessary structures shall be maintained so as not to constitute a nuisance under Section 6 to neighboring or adjoining property owners. Responsibility for cleaning the interior of dwelling units shall include keeping the walls, floors and ceilings sanitary and free from accumulation of dirt or trash, and where appropriate, may require a coating on interior surfaces to make them resistant to vermin and insect infestation.

(1)

Weeds/grass in lawn areas not to reach a height of twelve (12) or more inches.

(2)

No excessive growth of shrubs, brush, vines, thickets or similar matter conducive to fire or safety hazards permitted on any area of the property.

(3)

Vegetation not to encroach onto adjacent property. Vegetation on the premises, to include any adjacent sidewalk planting strips not to encroach onto the right-of-way.

(4)

Vegetation on unimproved lots not to encroach into the right of way or onto adjacent improved or greenspace property, or create a safety or fire hazard.

(5)

Nuisance plants are restricted.

(6)

Remove all brush, vines and other vegetation around buildings likely to hamper or obstruct the passage of fire or other emergency personnel.

(6)

Remove all dead shrubs, dead trees, branches, and stumps with the exception of such tree parts being maintained as part of a naturescape area of a yard, which are not to create a safety or fire hazard.

Any person violating these provisions shall be fined with penalties as provided in Subsection 18(d), titled "Penalties".

(b)

It shall be the specific responsibility of the owner or operator:

(1)

To comply with Section 20 of this Code;

(2)

To maintain cleanliness of Shared or Public Area;

(3)

To maintain cleanliness of vacant dwellings. Every owner or operator of a vacant dwelling shall be responsible for maintenance of the interior, exterior and premises in a clean sanitary condition and secured against unauthorized entry;

(4)

To maintain screens. Every owner or operator of a dwelling unit shall, before renting such dwelling unit, provide serviceable screens and screen doors whenever the same are required under the provisions of this Code; and, when necessary such screens shall be replaced by the owner or operator due to deterioration occasioned by normal wear and tear only;

(5)

To provide for the extermination of Insects, Rodents and Other Pests. Every owner or operator of a dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the property; provided that, every occupant shall be required to eliminate or minimize the presence of pests by performing the duties under Subsection (c).

(c)

It shall be the specific responsibility of the tenant for the:

(1)

Maintenance of the unit which he or she occupies. Every tenant of a dwelling unit shall keep in a sanitary condition and upon departure shall leave, in a clean and sanitary condition, that part of the dwelling unit and property thereof which the tenant used or possessed;

(2)

Maintenance of screens. Every tenant of a dwelling unit shall be responsible for maintaining such screens and screen doors in good serviceable condition except deterioration occasioned by normal wear and tear;

(3)

The maintenance of plumbing fixtures and other fixtures. Every tenant of a dwelling unit shall be responsible for exercising reasonable care in the use of plumbing and other fixtures in the dwelling unit and its premises;

(4)

The maintenance of the Dwelling Unit. Every tenant of a dwelling unit shall be responsible for exercising reasonable care in the use of the dwelling and its premises. The tenant shall not place on the premises, any material which may cause a fire hazard or otherwise endanger the health or safety of any tenant of such dwelling, nor place in storage on the premises any furniture, equipment, or material which harbors insects, rodents, or other pests;

(5)

The maintenance of batteries, where utilized, in smoke detectors that are provided in accordance with Section 20(f);

(6)

The providing of access at reasonable hours to dwelling units for owners or operators to provide routine maintenance and extermination of insects or rodents;

(7)

Every tenant shall dispose of his/her garbage or rubbish in a sanitary manner;

(8)

Every tenant of a single family dwelling shall be responsible for the extermination of any insects, rodents or other pests;

(9)

Every tenant of a dwelling or dwelling unit causing damage to said premises so that it does not comply with the requirements of this Code, shall be subject to the penalties hereof, and shall be responsible for all damage to the real property within an occupant's possession or control. If an inspection of a dwelling or dwelling unit prior to or subsequent to the leasing thereof, indicates that it complies with all Codes, Ordinances and Statutes relating thereto, the tenant in possession at the time of said inspection or if there is no tenant in possession at said time, then the next tenant shall be presumed to have caused said damage/or Code violation as the case may be.

(d)

It shall be unlawful for the owner, occupant or operator of any lot, tract, parcel of land or premises in the City of Atlanta, to have, permit or allow any junk vehicle to be parked, let or maintained thereon; and it shall be unlawful for any person to cause, have, let, maintain or place such a junk vehicle on the real property of another. Except that it shall not be unlawful to maintain, in an otherwise lawful manner:

(1)

Any vehicle in an enclosed building;

(2)

Any vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or

(3)

Any vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles in conformance with the zoning ordinances of the city.

The Provisions of this Section shall not waive the owner of the responsibility to make repairs.

(e)

It shall be unlawful for the owner, occupant or operator of any lot, tract, parcel of land or premises in the City of Atlanta, to conduct, permit or allow the repair or servicing of a motor vehicle on such real property; and it shall be unlawful for any person to cause, permit or allow the repair or servicing of a motor vehicle on the real property of another. Except that it shall not be unlawful to repair and service a motor vehicle, in an otherwise lawful manner:

(1)

Any vehicle that is the property of the owner or occupant of the real property, as established by proof of insurance or vehicle registration;

(2)

Any vehicle in an emergency situation where such repairs are necessary to restore said vehicle to immediate operation;

(3)

Any vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or

(4)

Any vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles in conformance with the zoning ordinances of the city.

(f)

Outside storage restrictions: All items utilized in connection with a permitted use of the property, but which are stored outside, shall be placed in the rear yard of the primary structure and shall not be visible on the premises from a front view. There shall be no excessive accumulation.

(Ord. No. 1996-79, § 6, 11-12-96; Ord. No. 2002-79, § 1, 11-8-02; Ord. No. 2008-07(07-O-0673, §§ 1, 2, 2-13-08; Ord. No. 2008-84(08-O-2059), § 12, 11-24-08; Ord. No. 2012-49(12-O-1404), § 2, 11-28-12; Ord. No. 2017-63(17-O-1275), § 3, 11-6-17 )