The International Property Maintenance Code (IPMC) is amended and revised as follows:
(a) PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Alliance, Ohio hereinafter referred to as "this code".
(b) PM-101.2 Scope: This code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. This code shall be enforced uniformly against properties whether they are owner occupied or tenant occupied.
(c) PM-102.8 Referenced Standards: The standards referenced in this code and contained in the electrical, plumbing, mechanical, building, and zoning codes of the City of Alliance, as amended shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where conflicts occur, the order of precedence shall be Ohio Basic Building Code, Ohio Residential Code, local codes of the City of Alliance, this code and the referenced codes herein. No reference to a specific code anywhere within the property maintenance code may be viewed as exclusive, nor does it alter the applicability or standing of the aforementioned codes. Where differences occur between provisions of this code and any other referenced codes herein, the provisions of this code shall apply.
(d) PM-102.3 Application of Other Codes: Any repairs, alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the electrical, plumbing, mechanical, building and zoning codes of the City of Alliance, as amended, this code and all other codes referenced within this code.
(e) PM-103.3 Deputies: The code official shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code and as authorized by the Mayor and with approval of City Council. The code official is authorized to designate an employee as deputy who shall exercise all the powers of the code official during temporary absence or disability of the code official.
(f) PM-107.5 Appeal: Where compliance with the code is not immediately possible for reasons such as cost, financial hardship or feasibility, the property owner and/or the code official may petition the board of appeals for further review. The property owner and the code official shall supply the board of appeals with documentation regarding the case and the board shall make a decision that may include a schedule for compliance.
(g) PM-107.6 Variance: When, in the opinion of the Property Maintenance Code Board of Appeals, the literal application of this Code would create an undue hardship to the property owner, a variance may be granted provided the following criteria are met:
(1) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity; and
(2) Hardship is due to unique circumstances or major structural changes that are not economically feasible and, as such, the literal application of this Code is not necessary for the health, safety or welfare of the occupant(s); and
(3) The granting of the variance would not be contrary to the general objectives of this Code; and
(4) The granting of the variance shall be for the minimum required to offset the hardship.
In granting the variance the Board of Appeals may attach additional requirements necessary to carry out the spirit and purpose of this Code in the public interest.
(h) PM-108.1 Membership of the Board: The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the City of Alliance, appointed by the Mayor and approved by Alliance City Council as follows: one for three years, one for two years, and one for one year. Thereafter each new member shall serve for three years or until a successor has been appointed. The code official shall be an ex-officio member of the board but shall not vote on any matter before the board.
(i) PM-109.4 Violation Penalties: Any person who shall violate a provision of this code, upon conviction thereof, shall be guilty of a misdemeanor in the fourth degree, and be subject to a fine of not more than $250.00, and a term of imprisonment of not more than 30 days, or both, at the discretion of the court, as is set forth in the Ohio Revised Code Section 2929.21. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(j) PM-111.4 Notice to Owner or to Person or Persons Responsible: Whenever the code official determines that there has been a violation of this code, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in sections PM-111.4.1 and PM-111.4.2. Notices for condemnation procedures shall also comply with this section.
(k) PM-111.6: Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(l) PM-201.3 Terms Defined in Other Codes: Where terms are not defined in this code and are defined in the electrical, plumbing, mechanical, building and zoning codes of the City of Alliance, as amended, such terms shall have the meanings ascribed to them as in those codes.
(m) PM 302.4 Weeds: "Ten (10) inches" is to be inserted as provided (JURISDICTION TO INSERT HEIGHT IN INCHES)
(Ord. 71-21. Passed 10-4-21.)
(m.5) PM-302.8 Motor Vehicles. Commercial/Recreational Vehicles, Boat and Trailer Regulations.
(1) Dwelling Use: No boat trailer, camper, commercial or recreational vehicle shall be used as a dwelling, storage or an accessory building, nor set up, occupied or used on private premises.
Exceptions: The parking of a mobile home for periods exceeding twenty-four hours on lands not approved for mobile home parks shall be expressly prohibited, except that the Building Official may extend temporary permits allowing the parking of a mobile home on private property, not to exceed a period of one week. All mobile homes parked under a temporary permit shall not be connected to sanitary facilities.
(2) License Required: All boats, trailers, commercial or recreational vehicles shall display current state license plates or other registration certificates.
(3) Mobile Condition: A parked, standing or stored boat, trailer, camper, commercial or recreational vehicle shall be maintained in mobile condition. A boat shall be considered “mobile” when on a suitable trailer excepting when the boat is of a size which allows it to be transported in or upon a passenger vehicle.
(Ord. 25-22. Passed 5-2-22.)
(n) PM-304.5 Foundation Walls: All foundation walls shall be maintained structurally sound and free from cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.
(o) PM-304.13.2 Openable Windows: Every habitable space shall have at least one window that is easily openable and capable of being held in position by window hardware.
(p) PM-304.14 Insect Screens: During the period from April 15 to October 15 every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
(q) PM-304.17 Guards for Basement Windows: Every basement window that is openable shall be maintained to prevent the entry of rats.
(r) PM-305.1 General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, three or more dwelling units or three or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(s) PM-308.2 Disposal of Rubbish and Garbage: Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such rubbish and garbage in approved leak proof containers. Plastic bags are acceptable when care is given to prohibit access by animals or rodents.
(t) PM-308.2.1 Rubbish Storage Facilities: (Delete entire section.)
(u) PM-308.3 Rubbish and Garbage Storage Facilities: The occupant of all occupied premises shall supply approved covered containers for rubbish and garbage disposal.
(v) PM-308.3.1 Garbage Facilities: (Delete entire section.)
(w) PM-308.3.2 Containers: (Deleted entire section.)
(x) PM-308.4 Rubbish and Garbage Removal Services: The owner of the premises shall be responsible for providing for rubbish and garbage removal services.
(x.5) PM-310 Outdoor Storage.
(1) PM-310.1 Household Furniture. Sofas, recliners, mattresses, and other household furniture and furnishings shall be prohibited from being placed or stored in any yard area contiguous to any structure or on any porch, deck, or other open and unenclosed outdoor structure.
(2) PM-310.2 Items Manufactured for Outdoor Use. Items manufactured for outdoor use such as picnic tables, chairs, children’s play sets, etc. must be placed and kept behind the set-back line of the front face of the primary building and must be in good working order.
(3) PM-310.3 Storage of Items Suitable for Outside Storage. Items which are suitable for outside storage and are not prohibited elsewhere in this code or by other City ordinances must be sheltered in a location which is not visible from the public street or sidewalk. (Ord. 25-22. Passed 5-2-22.)
(y) PM-401.3 Alternative Devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the electrical, plumbing, mechanical, building and zoning codes of the City of Alliance, as amended shall be permitted.
(z) PM-404.5.2 Combined Spaces: Combined living room and dining room spaces or combined kitchen and dining room spaces shall comply with the requirements of Table PM-404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room or kitchen/dining room.
(aa) PM-503.3 Location of Employee Toilet Facilities. The required toilet facilities shall be located not more than one story above or below the employee's regular working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or public customer facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, and which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
(bb) PM-602.3 Heat Supply: (Insert September 15 to May 15 where provided)
(cc) PM-602.4 Occupiable Work Spaces: Indoor occupiable work spaces shall be supplied with sufficient heat during the period from September 15 to May 15 to maintain a temperature of not less than 65 degrees F. (18 degrees C.) during the period the space is occupied.
Exceptions
(1) Processing, storage and operation areas that require cooling or special temperature conditions.
(2) Areas in which persons primarily engaged in vigorous physical activities.
(3) Warehouse and distribution areas.
(dd) PM-605.2 Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets, or one receptacle outlet and one working permanently installed light fixture. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
(Ord. 71-21. Passed 10-4-21.)
CODIFIED ORDINANCES OF ALLIANCE