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(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.)
It shall be unlawful for the owner of any building or structure who has received a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any 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 without condition for making the corrections or repairs required by such notice of violation. Failure to comply with the requirements of this section shall constitute a misdemeanor of the first degree.
(Ord. 158-05. Passed 11-14-05.)
Notwithstanding any other state or local legislation, any building or structure for which a building permit has been issued, and except for circumstances beyond the property owner’s control (e.g. labor strikes, inclement weather, etc.), all construction work shall be diligently pursued to completion. Any construction project upon which no substantial work has been undertaken for a period of one year, shall be deemed abandoned. Upon any construction project being deemed abandoned, all buildings or structures not completed to the degree such buildings or structures have been indicated on the plans submitted in support of a building permit, and all building materials and construction equipment shall be removed from the site within 30 days of receipt of written notice from the designated official. Service of said notice shall be pursuant to Section 1484.06(f). Failure to comply with the requirements of this section, upon receipt of proper notice, shall constitute a misdemeanor of the first degree.
(Ord. 158-05. Passed 11-14-05.)
The following standards are applicable to all dwelling units located within the City.
(a) Structural Soundness and Maintenance of Dwellings. Every foundation, exterior wall, and roof of every dwelling shall be so maintained and be kept in good repair and in safe condition so as to be fit for human habitation and so as to not adversely affect the neighborhood in which they are located. Further, there must be compliance with requirements of the official Zoning Code, Building Code, Fire Code and health ordinances applicable to the dwelling and its intended or present use. Where these codes require the provision of a particular facility or equipment, or where they set a structural or installation standard, such related parts of every dwelling shall be maintained to the minimum standard provided for in the applicable section of this code or to the minimum standard provided for in the above codes, whichever is higher. Good repair, maintenance and safe condition shall include, but is not limited to, the following:
(1) Foundations. Foundations shall support the building at all points and nothing shall exist to lessen the capability of the foundation to support the building.
(2) Exterior walls and surfaces. Exterior walls and other exterior surface materials shall be free of holes, cracks, loose or rotting boards and timbers.
(3) Windows. Windows shall be fully supplied with window glass or an approved substitute which is glazed and is without open cracks or holes, shall have sashes in good condition which fit within frames, and maintained so as to exclude adverse weather elements from entering the structure.
(4) Exterior doors. Exterior doors, including cellar hatchways and the like, shall be maintained so as to be structurally sound, fit within frames so as to be weatherproof, windproof, and waterproof and be provided with door hinges and door latches which are in good working condition.
(5) Roof. Roof members, covering and flashing shall be structurally sound and right so as to prevent the entrance of moisture and be maintained by renewal, repair, waterproofing or other suitable means. Roof drainage shall be adequate to prevent rain water from being discharged in a manner that creates a public nuisance or adversely affect adjacent properties.
(6) Gutters. Rain gutters, downspouts, leaders or other means of water diversion shall be provided to collect, conduct and discharge all water from the roof and maintained so as not to adversely affect adjacent properties.
(7) Chimneys. Chimneys shall be free of major cracks, holes or missing portions and maintained in structurally safe condition.
(8) Porch. Every porch shall be so maintained so as to be free of missing, defective, rotting or deteriorated foundations, supports, floors, other members, and steps thereto, so as to be safe to use and kept in good repair.
(9) Structural member. Any exterior structural member which has become deteriorated or damaged to the extent that it does not serve the purpose as originally intended shall be renewed, restored, repaired, or replaced as is necessary to serve the purpose as originally intended.
(10) Exterior surfaces. Except for materials that have been designed or manufactured to remain untreated, all exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or covering.
(11) Decorative features. All cornices, entablatures, bell courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(b) Other Exterior Property and Structure Exteriors. The exterior of all other buildings and structures on the premises shall be properly maintained to avoid hazardous conditions.
(1) Maintenance. The exterior of all other buildings and structures on the premises, including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, signs, windows, doors, awnings, and all surfaces thereof, shall be maintained so as to avoid any hazardous condition(s).
(2) Fences and walls. All fences or similar structures shall always be in the state of good structural repair. If any fences, retaining wall, or similar structure is found not to be in the state of good structural repair, it shall be removed, replaced, or repaired as required. Except when constructed of materials that have been designed or manufactured to remain untreated, all fences shall be treated periodically with paint or chemicals so as to retard deterioration.
(3) Hazards. Hazards and unsanitary conditions shall be eliminated.
(4) Storage. Outside storage is permitted only in accordance with Chapter 1280 of or other applicable sections of this Code.
(5) Drainage swales. Swales are to be maintained by the owners of the parcels on which they are located, and at no time will anyone plant shrubs and/or trees, or discharge, empty, or place any material, fill or waste into any swale so as to divert or impede drainage flow. Small swales can be mowed as part of the yard. Larger swales in meadow situations should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving understory growth to retard runoff and prevent erosion.
(6) Junk, inoperable or unlicensed vehicle. No junk, inoperable, or unlicensed vehicle shall be located on any residential property, except when stored within a completely enclosed building as set forth in Section 660.07.
(7) Exterior lighting fixtures. Exterior lighting fixtures over steps, paths, walkways, courts and drives shall be neatly maintained.
(8) Lighting. Outside lighting shall be placed on the property so as not to create a nuisance to adjacent property(s).
(c) Exterior Stairways. All exterior stairways on all residential premises shall be in accordance with the following provisions:
(1) Stairways shall be maintained free of holes, grooves, and cracks which constitute a safety hazard;
(2) Stairways shall be maintained free of rotted or deteriorated supports;
(3) Stairways shall have treads of uniform width and risers of uniform height; and
(4) Stairway handrails and/or railings shall be firmly fastened and maintained in good condition. Where the absence of handrails and/or railings create a hazardous condition, the designated official may require their installation in accordance with the provisions of the Building Code.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)
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