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(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)
The premises and the exterior of all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions. All such nuisances and hazards and unsanitary conditions shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of all nuisances, unsanitary conditions and hazards which include, but are not limited to, the following:
(a) Refuse. Including, but not limited to, an accumulation of brush, rubbish, garbage, trash, refuse, broken glass, automobile parts, stumps and roots which may create a health, accident or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood;
(b) Natural growth. Dead trees and limbs or other natural growth which, by reason of rotting, diseased or deteriorating conditions or damage, constitutes a hazard to persons in the vicinity thereof as set forth in Chapter 1018 of this code of ordinances;
(c) Overhangings. Loose and overhanging objects, both human-made and natural, which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof;
(d) Sources of infestations. Any premises that are permitted to become infested with vermin or rodents are hereby declared to be a nuisance and unlawful. No owner, occupant or person in charge or control of any premises shall cause or knowingly permit such premises to become or to remain infested with vermin or rodents;
(e) Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely;
(f) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed, and the same shall be capable of withstanding, if necessary, the action of flue gases;
(g) Firewood. Front yards shall be kept free, and storage shall be prohibited, of all firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities. Storage of such materials shall be permitted only in side or rear yards and under the following conditions:
(1) The firewood shall be neatly stacked in an orderly manner a minimum of four inches above the surrounding grade and no higher than six feet;
(2) It shall be cut firewood not to exceed 30 inches (length) per piece;
(3) It shall be stored at least five feet from the property line;
(4) It shall be stored in such a manner as not to constitute a fire hazard; and
(5) It shall comply with the requirement of O.A.C. 901:5-56.
(h) Compost piles. Nothing in this chapter shall be construed or interpreted so as to prevent persons from creating or maintaining a compost pile or piles for yard waste, provided that such pile or piles are not stored in quantities or locations prohibited by any provision of this chapter or by any ordinance of the city or law of the state. All compost piles:
(1) Shall not be visible from the public right-of-way;
(2) Shall not constitute a public nuisance or a nuisance to abutting and adjoining properties by providing a breeding place or attraction for, or by becoming infested with, vermin, rodents or insects, or emit a smell or odor which annoys or disturbs a reasonable person of normal sensitivities or which endangers or injures real or personal property;
(3) Shall not create any health or fire hazard;
(4) Shall not be created or maintained in any front or side yard or located closer than five feet from any side or rear lot line;
(5) Shall be permitted if the compost pile or piles are enclosed by a barrier on all sides which shall not exceed four feet in height;
(6) Shall not be in excess of 1% of the square footage of the lot or 75 square feet, whichever is less;
(7) Shall not impede any natural watercourse or drainage from any property; and
(8) May contain any organic yard waste or vegetable waste. Meat products, dairy products, food oils and animal wastes are prohibited.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000; Ord. 118-08, passed 7-14-2008; Ord. 26-2011, passed 4-11-2011; Ord. 23-84, passed 5-9-2023)
(a) Residential. The exterior of the premises, the exterior of dwelling structures and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the immediate neighborhood so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the immediate neighborhood with the accompanying diminution of property values, including the following.
(1) Storage of commercial and industrial materials and equipment. There shall not be stored for more than 30 days equipment and materials relating to commercial or industrial uses, unless permitted under the Zoning Code for the premises.
(2) Landscaping. Premises shall be maintained. Lawns, hedges and bushes shall be kept from becoming overgrown and unsightly (i.e., covering windows, choking out other plants, untrimmed and the like) where exposed to public view and where the same constitute a blighting factor depreciating adjoining property and impairing the good residential character of the immediate neighborhood. Grass shall not be let to grow higher than eight inches. For the purposes of grass height only, compliance shall be within five days of notice given by the Code Administrator. The height of grass does not apply to a naturally wooded area.
(3) Signs. All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair, and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed within six months.
(4) General maintenance. The exterior of every structure or accessory structure, including fences, shall be maintained in good repair, and all surfaces thereon shall be kept painted where necessary for the purpose of preservation and appearance, or surface-coated with a protective coating or treated to prevent rot and decay. The same shall be maintained free of broken windows, crumbling stone or brick, peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the immediate neighborhood protected from blighting influences.
(5) Storage of vehicles. All vehicles which are in a disabled condition or which do not carry a current year’s license plate and registration where required by law shall be stored in a completely enclosed, authorized or permitted building on such lot or premises. As used in this section, “disabled” means a condition in which the vehicle cannot be operated on public streets under its own power in compliance with statutory or ordinance requirements.
(6) Street numbers. On every building to which a street number has been assigned, such number shall be displayed in a size and location such that the number will be readily observable and readable from the public right-of-way which abuts the front yard, as defined in § 1490.03.
(7) Vehicle parking. All vehicles shall be properly parked in the driveway, garage or right-of- way.
(8) Vehicular recreational equipment parking. There will be no parking of vehicular recreational equipment in front or side yards, unless it is parked on the driveway or in the garage. Vehicular recreational equipment may be parked in the rear yard.
(b) Nonresidential. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the immediate neighborhood so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the immediate neighborhood with the accompanying diminution of property values, including the following.
(1) Landscaping. Premises shall be maintained. Lawns, hedges and bushes shall be kept from becoming overgrown and unsightly (i.e., covering windows, choking out other plants, untrimmed and the like) where exposed to public view and where the same constitute a blighting factor depreciating adjoining property. Grass shall not be let to grow higher than eight inches. For the purposes of grass height only, compliance shall be within five days of notice given by the Code Administrator. The height of grass does not apply to a naturally wooded area.
(2) Signs and billboards. All permanent signs and billboards exposed to public view that are permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Signs which have weathered or faded, or those upon which the paint has peeled or cracked, shall, with their supporting members, be removed forthwith or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
(3) Store fronts. All store fronts shall be kept in good repair, painted where required, and not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
(4) Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of any premises shall be maintained in good repair and shall not constitute a nuisance or safety hazard. In the event such an awning or marquee is not properly maintained in accordance with this division (b)(4), it shall, together with its supporting members, be removed forthwith. In the event such awnings or marquees are made of cloth, plastic or similar materials, such cloth and plastic, where exposed to public view, shall be maintained in good condition and shall not show evidence of weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize an encroachment on streets, sidewalks or other parts of the public domain.
(5) Storage of vehicles. All vehicles which are junk vehicles or which do not carry a current year’s license plate and registration where required by law shall be stored in a completely enclosed, authorized or permitted building on a lot or premises, except as an otherwise permitted use in the district where such a vehicle is located.
(6) Vehicle parking. All vehicles shall be properly parked in the driveway, garage or right-of- way.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000; Ord. 117-08, passed 7-14-2009; Ord. 26-2011, passed 4-11-2011)
(a) Residential. Every dwelling and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including the following.
(1) Painting and other protective coating. All exposed surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration and rot.
(2) Exterior walls, sidings and roofs. Exterior walls, sidings and roofs shall be kept structurally sound, in good repair and free from unsafe defects. Damaged materials shall be repaired or replaced. Places showing signs of substantial rot, deterioration or excessive corrosion shall be restored and protected.
(b) Nonresidential. The exterior of every structure or accessory structure, including fences, signs and store fronts, shall be kept painted where necessary for purposes of preservation and appearance, surface- coated with a protective coating or treated to prevent rot and decay. All surfaces shall be maintained free of broken windows, crumbling stone or brick, peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the immediate neighborhood protected from blighting influences.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties on the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that, by their appearance under prevailing appraisal practices and standards, will depreciate the value of neighboring and adjoining premises as aforesaid.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
The owner, agent, operator, roomer, firm or corporation having a legal or equitable interest in the property, and as recorded in the official records of the state, county or city as holding title to the property, including the guardian of the estate of such person, if ordered to take possession or manage the real property by a court, shall be responsible for compliance with all provisions of this chapter, except where the responsibility therefor is specifically placed elsewhere.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
(a) Property Maintenance Officer. The Code Administrator shall be the Property Maintenance Officer and shall examine or cause to be examined any property, building, structure or portion thereof reported to be in violation of this chapter, and if the same is found to be in violation of this chapter, the Code Administrator shall give to the owner of such property, building, structure or portion thereof written notice of such violation.
(b) Contents of notice. The notice shall include:
(1) The address and/or a description of the real estate sufficient for identification;
(2) A statement of the violation(s);
(3) A correction order allowing a reasonable amount of time that shall be not less than 24 hours or more than six months* as determined by the Code Administrator, for the actions, repairs and improvements required to bring the property into compliance with the provisions of this chapter; and
(4) A statement that a citation will be issued for not complying with the notice.
* The Code Administrator may, for good cause shown, extend the time period for bringing the property into compliance for a period not to exceed one year from the date of the issuance of the notice of violation.
(c) Service of notice. Notice may be served personally or by mail with postage prepaid, addressed, to the last known address of the owner. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Lorain County Auditor. If the last known address of the owner cannot be ascertained, the notice may be posted in a conspicuous manner on the property, building, structure, or portion thereof. Date of service of the notice shall be determined (where service is by mail) as the day following the day of mailing for notices to addresses within the city and as of the fourth day after the day of mailing for notices to addresses outside the city. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000; Ord. 130-08, passed 9-8-2008)
This chapter is to be read in conjunction with Chapter 660 of this code of ordinances and the other provisions of this Building and Housing Code.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000)
Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor for a first offense and shall be fined not more than $150. For a second or subsequent offense, such person is guilty of a misdemeanor of the third degree and shall be fined not more than $500 or imprisoned not more than 60 days, or both.
(Ord. 175-95, passed 10-26-1995; Ord. 252-00, passed 11-27-2000; Ord. 26-2011, passed 4-11-2011)