(A) Responsibilities.
(1) The occupant of a dwelling unit in any dwelling structure shall be responsible for maintaining in a clean and sanitary condition that part of the dwelling unit, dwelling structure, or premises which is occupied and controlled.
(2) The owner of every dwelling as defined herein shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this chapter. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.
(B) General maintenance requirements. All dwelling structures and all parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.
(C) Maintenance of foundations.
(1) All foundations of every dwelling structure shall be maintained structurally sound and in good repair.
(2) All foundations of every dwelling structure shall be maintained in such conditions as to prevent the accumulation of moisture within the space enclosed within such foundations.
(3) All openings into the foundations of every dwelling structure shall be protected against the entrance or rodents.
(D) Maintenance of roofs, gutters, and downspouts. All roofs of every dwelling structure shall be maintained weathertight and shall be equipped with gutters and downspouts.
(E) Maintenance of exteriors of dwelling structures and secondary or appurtenant structures.
(1) All exterior parts of every dwelling structure, including exterior walls, parapet walls, decorative additions, chimneys, and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weather-tight, and so as to resist decay or deterioration for any cause.
(2) Any dwelling structure or secondary or appurtenant structure whose exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying, disintegrating or in poor repair must be repaired or razed.
(a) All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, railings, trim, and their missing members must be replaced and put in good condition.
(b) All replacements must match and conform to original design or be replaced completely.
(c) All exterior wood or exterior unfinished surfaces must be sealed and painted, or surface covered with other approved protective coating or treated to prevent rot and decay and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective covering.
(3) Any dwelling structure or secondary or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired, repainted, or resurfaced.
(a) All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.
(b) All bare exterior surfaces which are flaking, or crumbling shall be replaced or sealed in a good and skillful manner.
(c) All new or repaired bare surfaces shall be painted or coated.
(d) All exterior surfaces weathered with dirt and grime, or which are peeling, or flaking shall be painted or covered with approved protective coating or surface.
(4) Presentation of evidence that all exterior surfaces have, not more than five years prior to the date of inspection, been properly prepared and painted with at least one coat of good exterior paint or covered with other approved protective coating or surface shall be prima facie evidence of the exterior being in good condition.
(F) Infestation by pests. All dwelling structures and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin, or rodents.
(G) Exterior property areas. No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of the premises any condition which deteriorates or debases the appearance of the neighborhood; or creates a fire, safety, or health hazard; or which is a public nuisance; including but not limited to the following:
(1) Broken or dilapidated fences, walls, or other structures.
(2) Broken, uneven, or improperly maintained walks or drives.
(3) Out of use or non-usable appliances, dilapidated automobile parts.
(4) Rugs, rags, or other materials hung on lines or in other places on the premises, which materials are not being used for general household or housekeeping purposes; broken, dilapidated or unusable furniture, mattresses, or other household furnishings; plastic materials, paints, miscellaneous coverings, and/or any other materials, including those described in this section of the chapter, placed at or on the premises in such manner as to be patently unsightly, grotesque or offensive to the senses
(5) The parking of a disabled vehicles licensed or unlicensed, within a residential district for a period of more than 14 days shall be prohibited; except that such vehicle may be stored in an enclosed garage or other accessory building provided that no business (car repair and the like) shall be conducted in connection therewith while such vehicle is parked or stored.
(6) Parking and keeping of vehicles. It shall be unlawful to park or keep any unlicensed or disabled motor vehicle or any part thereof, except as provided in § 152.072, in any district except by permission of the Planning Commission, for a period of more than 14 days, whether or not consecutive, unless the vehicle is stored in an enclosed garage or other accessory building.
(7) It shall be unlawful to allow the growth of grass and weeds to exceed a height of 12 inches or more. Under such circumstances the resident or owner shall be notified by certified mail of said offense and given three days' notice upon receipt to make amends. If the weeds or grass are not cut within three days of receipt of notice, municipal employees shall have the right to enter the premises and cut them down. The offending party shall then be billed for the cost of this procedure. If said party does not pay the bill within 30 days of receipt, the amount of the bill shall be placed upon the real estate tax and shall be a lien upon the land involved.
(8) Upon a finding by the Zoning Inspector that litter has been placed on lands in Archbold, Ohio and remained for a period of time so as to constitute a detriment to public health, the Zoning Inspector may cause a written notice to be served upon the owner by either certified mail or delivery by a police officer and, if different, upon the lessee, agent, or tenant having charge of the littered land, notifying him or her that litter is on the land, and that it must be collected and removed within 15 days after the service of the notice. This section does not apply to land being used under a municipal building or construction zoning permit or variance to operate a junkyard, scrap metal processing facility, or similar business, or permit or license issued pursuant to R.C. Chapter 3734, R.C. §§ 4737.05 to 4737.12, or R.C. Chapter 6111.
(9) If the owner, lessee, agent, or tenant having charge of the lands mentioned in § 152.090(G)(8), fails to comply with § 152.090(G)(8), the Administrator shall cause such litter removed and may employ any necessary labor for removal. All expenses incurred shall, when approved by the Administrator, be paid out of money in the treasury of Archbold, Ohio not otherwise appropriated. An invoice for all expenses incurred by the municipality plus a 5% processing fee shall then be sent to the owner, lessee, agent, or tenant having charge of the lands by certified mail or delivery by a police officer.
(10) If the owner, lessee, agent, or tenant having charge of the lands fails to pay in full the invoice mentioned in § 152.090(G)(9), within 30 days from the date of the invoice, the Finance Director shall make a written return to the County Auditor of their action under § 152.090(G), with a statement of the charges for contractor services, the amount paid for labor, the fees of the officers serving the notices, and a proper description of the premises. These amounts, when allowed shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the municipal the general fund.
(H) Secondary or appurtenant structures. All secondary or appurtenant structures such as sheds, barns, garages, and the like, shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.
(Ord. 2022-25, passed 3-21-2022)