Section
1490.01 Short title
1490.02 Purposes; interpretation
1490.03 Definitions
1490.04 Applicability; intent; conflicts of laws
1490.05 Responsibilities of owners, operators and occupants
1490.06 Exterior maintenance
1490.07 Appearance of exterior of premises and structures
1490.08 Structural soundness and repair
1490.09 Reconstruction of walls and sidings
1490.10 Infestation
1490.11 Responsibility for compliance
1490.12 Enforcement; authority of Code Administrator; notice of violations; corrections
1490.13 Interpretation; application of other laws
1490.99 Penalty
Editor’s note:
This chapter, previously a codification of Ordinance 175-95, passed October 23, 1995, was repealed and re-enacted in its entirety by Ordinance 252-00, passed November 27, 2000.
This chapter shall be known and may be cited as the “Exterior Maintenance Code for the City of Avon Lake” or just “the Exterior Maintenance Code”. References throughout this chapter to “this code” mean this Exterior Maintenance Code.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
The purposes of this Exterior Maintenance Code are to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and conditions of all residential and nonresidential premises; to fix certain responsibilities and duties upon owners and operators; to authorize and establish procedures for the inspection of residential and nonresidential premises; and to fix penalties for the violations of this code. This code is hereby declared remedial and essential for the public interest and it is intended that this code be liberally construed to effectuate the purposes as stated herein.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
BUILDING. A structure which is permanently affixed to the land, having one or more floors and a roof, being bounded either by open spaces or lot lines, and which is used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with “structure”, unless otherwise noted, and shall be construed as if followed by the words “parts or parts thereof”.
BUILDING CODE. The Building Code of the city, being Part Fourteen of this code of ordinances.
CODE ADMINISTRATOR. The individual designated to administer the Planning and Zoning Code of the city. Duties of the Code Administrator are as stated in § 1212.05 of this code of ordinances.
CORD OF FIREWOOD. A unit of quantity for cut fuel wood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet.
DETERIORATION. The conditions or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
DEVELOPED AREA. A subdivided land mass where lots comprising 80% of the linear feet fronting on a street, to a depth of 300 feet from the street right of way, are occupied with a building or buildings.
DEVELOPED STREET. A street where lots comprising 80% of the linear feet fronting on such a street between any two intersecting streets are occupied with a building or buildings.
DRIVEWAY. A roadway-like path with a surface of concrete or asphalt for the egress of vehicles from, and the ingress of vehicles to, a residence or business (but which is not the parking areas of a business), and from and to the right of way for which said residence or business is given an address. Other material may be substituted for concrete or asphalt if approved by express written permission of the Public Works Director. The minimum width of a driveway shall be eight feet.
DWELLING. A structure designed for occupancy as a residence by one or more families, each living independently in a separate dwelling unit.
DWELLING UNIT. Rooms providing complete living facilities for one family, including equipment for cooking or provision for the same, and individual rooms for living, sleeping and eating.
EXPOSED TO PUBLIC VIEW. Any premises or any part thereof, or any building or any part thereof, which may be viewed by the public, or any member thereof, from a sidewalk, street, alleyway or open air parking lot, or from the area of any adjoining or neighboring premises normally used as part of the habitable portion of such premises.
EXTERIOR OF THE PREMISES. Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
FIRE CHIEF. The Chief of the Fire Department of the city.
FIRE HAZARD. Any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder or may become the cause of obstruction, a delay or a hindrance to the prevention, suppression or extinguishment of fire, or any other fire hazard defined in this code of ordinances.
FRONT YARD. As pertaining to corner lots, includes lots located on any corner or abutting on two or more thoroughfares requiring a front yard setback pursuant to applicable provisions of the Zoning Code. As it applies to other lots, the front yard is that part of the yard which extends from the front of the building to the city right-of-way, which right-of-way is that to which the property is addressed.
GARBAGE. Putrescible, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
IMMEDIATE NEIGHBORHOOD. An area separated by no appreciable space and specifically denoting a limited number of properties in a very close space relationship to each other, such as properties located within the same block.
INFESTATION. The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
MIXED OCCUPANCY. Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling units.
NATURALLY WOODED AREA. An area of a yard which has been or is trying to be returned to its natural state as part of a landscaping plan to be approved by the Code Administrator.
NUISANCE. Means and includes:
(1) Any public nuisance known in law or as provided by the statutes of the state or the ordinances of the city;
(2) Any condition dangerous to human life or detrimental to the health of persons on or near a premises where the condition exists and where the condition is perilous by active and negligent operation thereof;
(3) Any unsanitary condition, or anything offensive to the senses or dangerous to health, in violation of this Exterior Maintenance Code; and
(4) Fire hazards.
OPERATOR. Any person who has charge, care or control of a building, structure, dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER. The owner or owners of the premises, including the holder of the title thereto, subject to contract or purchase, a trustee, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, a tenant, an agent or any other person, firm, corporation or fiduciary directly in control of the premises.
PREMISES. A lot, plat, parcel of land or reclaimed land, including the building or structures thereon.
PROPERTY MAINTENANCE OFFICER. The Code Administrator of the city.
PUTRESCIBLE. Objects that have the ability to decompose or rot.
REFUSE. All putrescible and nonputrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleaning, dead animals and solid market and industrial wastes.
REGISTERED MAIL. Registered or certified mail.
ROOMER. A person other than a member of the family, as defined in the Zoning Code, who rents one or more rooms in the dwelling from the resident family.
ROOMER UNIT. Any room or group of rooms forming a single habitable unit other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery and similar materials.
SIDE YARD. That portion of any yard which is not included in a front yard and which extends parallel from the back building line in relation to the right-of-way upon which the property abuts and goes forward to the nearest front building line to the abutting right-of-way.
STORED. Left on premises and reserved for future, as opposed to present, use, not to exceed 30 days.
STRUCTURE. A combination of any material, whether fixed or portable, forming a construction.
UNLICENSED MOTOR VEHICLE. Any motor vehicle, as defined in the Traffic Code, for which a valid license plate can be, but has not been, issued and displayed on such vehicle.
VEHICLE. A device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices moved by human power, such as bicycles. (For the purposes of this chapter only, VEHICLE does not include “vehicular recreational equipment,” as defined in the definition below.)
VEHICULAR RECREATIONAL EQUIPMENT. All campers, travel trailers, mobile or motor homes, converted buses, boats, trailers, whether for the transportation of portable tents, boats or other equipment or materials, and stock cars, none of which may exceed 31 feet in length.
WEATHERING. Deterioration, decay or damage caused by exposure to the elements.
YARD WASTE. Grass, leaves, branches, brush, organic natural matter and organic vegetative matter, but does not include animal waste or food waste, including meat and dairy products.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000; Ord. 26-2011, passed 4-11-2011; Ord. 43-2014, passed 4-14-2014)
(a) Generally. Owners or operators of every residential and nonresidential building in the city, and of the premises on which they are situated, used or intended to be used for any use permitted by the Zoning Code, shall comply with the provisions of this Exterior Maintenance Code, whether or not such building has been constructed, altered or repaired before or after the enactment of this Code and irrespective of any permits or licenses which have been issued for the use or occupancy of the building, or for the installation or repair of equipment, or for the initial and continued occupancy and use of all such buildings. This code does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, except as provided in division (b) of this section. Where there is mixed occupancy, the residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this code.
(b) Conflict of laws. In any case where the provisions of this code impose a higher standard than that which is set forth in any other ordinance of the city or the laws of the state, the standard set forth herein shall prevail. If the provisions of this code impose a lower standard, then the higher standard set forth in any other ordinance or law shall prevail.
(c) Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses and permits shall be issued upon compliance with this code as well as compliance with the ordinances under which such licenses and permits are granted.
(d) Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the city applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from the duty of complying with any such other provision, nor any official of the city from enforcing any such other provision.
(e) Exceptions. Owners of vacant property or lots are excused from compliance with any provision of this code relating to landscaping, unless such vacant property or lots are located on a developed street or in a developed area.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
(a) Owners and operators shall have all the duties and responsibilities prescribed in this Exterior Maintenance Code, and no owner or operator shall be relieved from any such duty or responsibility, nor be entitled to defend against any charge of violation thereof, by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(b) Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by an agreement or contract by and between any of the aforesaid, or between them and other parties.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
Loading...