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(a) Application of Exterior Property Maintenance Code. This chapter shall apply to all premises and structures within the City used for or in conjunction with human habitation which are substandard with respect to structure, maintenance or other similar conditions which otherwise constitute a public nuisance. The existence of such conditions, factors or characteristics adversely affects public safety, general welfare and leads to the continuation, extension and aggravation of blight and its attendant negative effect on surrounding property values. Adequate protection of neighboring properties and the general public requires the establishment of these property maintenance standards.
(b) Compliance Required. Every portion of the exterior of a building or premises, shall comply with the provisions of this Exterior Property Maintenance Code, regardless of when such building has been constructed, altered or repaired, or premises occupied, except as hereinafter provided.
(c) Conflict of Laws. In any case where a provision of this chapter conflicts with a provision of any zoning, building, fire, safety or health regulation or other regulation, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
(d) Existing Remedies. Nothing in this chapter shall be deemed to abolish, impair, or prevent the execution of any existing remedies of the City or its officers or agents related to the abatement of a public nuisance. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous or unsafe.
(e) Separability. If any section, subsection, paragraph, sentence, clause or phrase of this Exterior Property Maintenance Code is declared invalid for any reason, such declaration shall not affect the remaining portions of this chapter, which shall continue in full force and effect, and to this end, the provisions of this Exterior Property Maintenance Code are deemed severable.
(f) Saving Clause. This chapter shall not affect violations of any other resolution, ordinance, code or regulation existing prior to the effective date of this Exterior Property Maintenance Code, and any violations of such shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) Enforcement Officers. The Safety Director shall assign the duties of administering and enforcing this chapter to a designated official. The Safety Director may call upon any department, division or contractor of the City for any assistance necessary to abate a violation of this chapter.
(1) Notices and orders. The designated official shall issue all necessary notices or orders to ensure compliance with this chapter.
(2) Department records. The designated official shall keep official records of all business and activities of the department specified in the provisions of this chapter in accordance with Ohio law for as long as the building or structure to which such records relate remains in existence.
(3) Coordination of inspections. When the enforcement of this chapter or another code or ordinance involves the responsibility of more than one City official, it shall be the duty of the designated official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. When an inspector from any agency or department observes an apparent or actual violation of a provision of this chapter or another ordinance or code not within the inspector’s authority, the inspector shall report the findings to the designated official having jurisdiction.
(b) Inspections. In response to resident complaints and/or egregious health and safety violations observed by the designated official, the designated official may attempt to contact the property owner for the purposes of scheduling a mutually agreeable time to inspect the property. In the absence of such an agreement, the designated official is authorized to obtain a warrant to enter onto the property to make inspections, at reasonable times, of building exteriors and premises located within the City for purposes of enforcing the provisions of this Exterior Property Maintenance Code. For the purpose of making such inspections, and upon showing appropriate identification, the designated official is authorized to enter upon, examine and survey during regular weekly business hours the exterior of all property in the City.
(c) Modifications. When there are practical difficulties involved in carrying out the provisions of this code, the designated official, subject to the approval of the Director of Public Safety, shall have the authority to grant modifications for individual cases, provided the designated official shall first find that the special individual reason(s) makes the strict letter of this code impractical and the modification complies with the intent and purpose of this code and that such modification does not lessen health, welfare and safety requirements. The details of any action granting modifications shall be recorded in writing and entered in the department files.
(d) First Notice of Violation. When the designated official determines that there is a violation of the provisions of this chapter and modifications as set forth in division (c) of this section are not appropriate, he or she shall issue a notice of such violation to the owner and the person in possession of the property pursuant to division (f) of this section, and order compliance. Such notice and order shall:
(1) Be in writing;
(2) Include the address and/or a description of the real estate sufficient for identification;
(3) Include a statement of the violation(s) and the reason for issuing the notice;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the property into compliance with the provisions of this chapter;
(5) State that if the violator chooses to accept the correction order and make repairs within a reasonable amount of time, the violator must acknowledge this in writing, set a date certain and submit said acknowledgment to the Building Department within ten days of receipt of service of the notice;
(6) State that the violator shall furnish any grantee, transferee, mortgagee or lessee a true copy of said notice of violation issued by the designated official and shall furnish to the designated official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility for making the corrections or repairs required by such notice of violation (see Section 1484.11);
(7) State the right of the violator to file an appeal, in writing, with the Avon Board of Zoning and Building Appeals pursuant to Section 1484.06, within ten days of receipt of the notice; and
(8) State that if no acknowledgment or appeal by the property owner is received upon the tenth day of delivery of the first notification, a second notice of violation will be issued.
(e) Second Notice of Violation. When the designated official determines that there is a continuing violation of the provisions of this chapter and that no acknowledgment and/or appeal has been made, he or she shall issue a second notice of violation to the owner and order compliance. Such notice and order shall:
(1) Be in writing;
(2) Include the address and/or a description of the real estate sufficient for identification;
(3) Include a statement of the violation(s) and the reason for issuing the notice;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the property into compliance with the provisions of this chapter;
(5) State that if the violator chooses to accept the correction order and make repairs within a reasonable amount of time, the violator must acknowledge this in writing, set a date certain and submit said acknowledgment to the Building Department within ten days of receipt of service of the notice;
(6) State that the violator shall furnish any grantee, transferee, mortgagee or lessee a true copy of said notice of violation issued by the designated official and shall furnish to the designated official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility for making the corrections or repairs required by such notice of violation (see Section 1484.11);
(7) State the right of the violator to file an appeal, in writing, with the Avon Board of Zoning and Building Appeals pursuant to Section 1484.06, within five days of receipt of the notice; and
(8) State that if no acknowledgment or appeal by the property owner is received upon the fifth day of delivery of the second notification, a citation may be issued.
(f) Service. A first and second notice of violation shall be deemed to be properly served if one or more of the following methods are used:
(1) By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion;
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at his, his or their last known address, with return receipt requested. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the designated official. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the City. The legal notice shall identify the owners of the property, the last address, if known, of the owners, and parcel identification number, the location and nature of the violation.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) Appeals Board. For the purposes of this chapter, the City Board of Zoning and Building Appeals (“Board”) shall hear and decide all appeals permitted by this chapter.
(1) Procedure. The Board may adopt rules of procedure not inconsistent with this chapter. No member of the Board shall take part in any hearing or determination in which he or she has a personal or financial interest. Three members of the Board in attendance at any meeting shall constitute a quorum.
(2) Authority. The Board shall hear all appeals relative to the enforcement of this chapter, and by a concurring vote of the majority of its members may reverse or affirm, wholly or partly, or may modify the decision appealed from, and shall make such order or determination as in its opinion furthers the purposes of this Exterior Property Maintenance Code. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the designated official.
(b) Hearings.
(1) Any person(s) served with a notice of violation has the right to appeal such notice to the Board of Zoning and Building Appeals. Such appeal must be in writing, should be filed on forms provided by the City and must be filed according to the following:
A. First notice of violation. Within ten days of service of the notice of violation as provided in Section 1484.05(f).
B. Second notice of violation. Within five days of service of the notice of violation as provided in Section 1484.05(f).
(2) Upon receipt of appeal, the Board shall set a time and place for hearing and shall give the petitioner and all adjoining property owners written notice by first-class mail postmarked no less than seven days prior to the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any items appearing on such notice and order should be modified, or withdrawn. The failure of the petitioner or his or her representative to appear and state their case at such hearing may have the same effect as if no petition were filed.
(c) Findings. Prior to sustaining any violation and compliance order, the Board of Zoning and Building Appeals shall make the following findings:
(2) The notice of violation that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for abatement of the violation.
(3) Within the time period stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation, and/or by not bringing the use into compliance with the Exterior Property Maintenance Code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of the Exterior Property Maintenance Code and/or conditions imposed by the Board of Zoning and Building Appeals as a prerequisite to the modification of a previous compliance order.
(d) Within 30 days of the close of the public hearing, the Board shall render a decision sustaining, modifying, or withdrawing any item appearing on the notice and order. The petitioner shall be notified of the decision in writing. No fines or assessments shall be imposed against the violator during the appeals process.
(e) Failure to comply with a decision by the Board of Zoning and Building Appeals shall form the basis of separate offense for which a citation under Section 1484.07 shall be issued.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
(a) The designated official is authorized and directed to issue a citation under the following circumstances:
(1) If no response with intent to comply is forthcoming after receipt of both the first and second notices of violations;
(2) The violator acknowledges the correction order in either the first or second notice and fails to make the required repairs and/or improvements within the time agreed upon, in writing, with the designated official; or
(3) No appeal has been filed with the Board of Zoning and Building Appeals within the time limits specified herein; and
(4) In the case where a violator has filed an appeal and has failed to comply with the decision of the Board of Zoning and Building Appeals and the time has expired for any further appeals pursuant to law.
(b) Said citation shall be used for the purpose of imposing a fine(s) to the person or persons responsible for violations of this Exterior Property Maintenance Code.
(1) Contents. Such citation shall state the nature of the violation, refer to the section or sections of this chapter violated, and state the appropriate assessment or penalty for the violation.
(2) Payment of Assessment. Any person or persons who received a citation shall appear at the place designated in the citation and shall pay the assessment for the violation cited. Upon timely payment of the assessment no further action will be taken to prosecute the violation if remedial action is taken.
(3) Notice and Future Violation. The citation shall be deemed sufficient notice, summons, and legal service for the purpose specified in the citation; provided, however, that the use of such citation shall not prohibit the issuance of either additional citations or a legal notice of violation as provided in this chapter, in the event such violation is continued or repeated.
(4) Establishment of Fee Schedule by City Council Magistrate. Prior to the issuance of any citation, the Magistrate shall adopt a citation fee schedule. From time to time and upon its own motion, the Magistrate may modify the citation fee schedule.
(5) Penalty Assessment. When a citation has been issued pursuant to this section, an amount established by the Magistrate is hereby assessed on the violator. If the assessment is paid within the first 72-hour period immediately following the issuance of the citation and the violation is corrected, assessments due will be reduced by 50%. Failure to pay the assessment within a period of 30 days after the date of service of the citation constitutes a minor misdemeanor, punishable as provided in Section 1484.99. Assessments may also be attached to the property taxes for the property in question.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
Any citation not promptly complied with per Section 1484.07 shall be forwarded to the Law Department/Prosecutor for legal action to collect all fines due and to assure compliance for abatement of the nuisance.
(Ord. 158-05. Passed 11-14-05.)
Should the nuisance not be abated at the expiration of the time stated in the notice or order of the designated official or any extensions granted or such additional time as the Exterior Property Maintenance Code Board of Zoning and Building Appeals may grant, the designated official is authorized to request a court to permit entry to take such action as deemed appropriate to abate the nuisance, in addition to any remedies provided elsewhere in this Exterior Property Maintenance Code. In abating such nuisance, the designated official may call on any department, division or contractor of the City for any assistance necessary to abate the nuisance or may, by private contract, abate such nuisance and the cost of the contract will be paid for from City funds. All costs incurred to abate a nuisance shall be recovered in the following manner:
(a) The owner(s) shall be billed directly by certified mail deposited with the United States Post Office. In the event the certified envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the designated official.
(b) If the costs are not so recovered within 30 days of receipt of the mailing described in division (a) of this section, the City may collect the cost in accordance with the applicable provision of the Ohio Revised Code.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
The Director of Public Safety and the designated official shall have power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to implement the provisions of this chapter, to secure the intent of this chapter and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of waiving working stresses or fire protection requirements specifically provided in this chapter or violating approved practice involving public safety.
(Ord. 158-05. Passed 11-14-05.)
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