1351.04 APPLICATION TO EXISTING BUILDINGS.

   Existing buildings or portions thereof presently used for residential purposes may continue to be occupied for residential purposes if: 

   (a)    The building complies with this International Property and Residential Exterior Maintenance Code, except as to any variance heretofore specifically granted by the City. 

   (b)    The use and occupancy of the building is not in violation of any of the provisions of the ordinances of the City or applicable statutes of the State, or both, including any rules and regulations adopted pursuant to such ordinances or statutes. 

      (Ord.  2020-72.  Passed 5-18-20.)

1351.05 CONFLICT OF LAWS.

   In the event of conflict between any of the provisions of this Residential Exterior Maintenance Code and any of the provisions of the ordinances of the City, the provisions of this Code shall prevail, except as to nonconforming uses defined in Chapter 1147 of these Codified Ordinances. (Ord. 1984-118. Passed 1-7-85.)

1351.06 SEPARABILITY.

   Sections and subsections of this Residential Exterior Maintenance Code and the several parts and provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part or provision. 

(Ord. 1984-118. Passed 1-7-85.)

1351.07 ENFORCEMENT; EQUITABLE REMEDIES.

   The imposition of any penalty as provided for in this Residential Exterior Maintenance Code shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent any unlawful repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building, structure or premises; or to require compliance with this Code, other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner, the Planning Commission, or the Architectural Board of Review. 

(Ord. 1999-195.  Passed 8-7-00.)

1351.08 DEFINITIONS.

   As used in this Residential Exterior Maintenance Code:

   (a)    "Approved" means approved pursuant to this Code, State law or Federal law, where applicable, or by any board designated by law to give approval.

   (b)    "Board" means the Architectural Review Board of the City or any board of the State regarding State laws.

   (c)    "Building Commissioner" means the Building Commissioner of the City, and, when used herein, shall be construed as though followed by the words "or his or her authorized assistant, agent or representative."

   (d)    "City" means the City of Beachwood, Ohio.

   (e)    "Code" means this Residential Exterior Maintenance Code.

   (f)    "Dwelling structure" means a building or structure used or designed or intended to be used, all or in part, for residential purposes.

   (g)    "Dwelling unit" means a room or a group of rooms arranged, maintained or designed to be occupied by a single family for living, sleeping, cooking and eating.

   (h)    "Exterior property areas" means the yard areas connected with, by reason of ownership or right of control, or used together with, the dwelling or structure on the premises.

   (i)    "Family" means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, excluding however, both for-profit and non-profit group homes, halfway houses, drug and substance abuse treatment facilities, and other rehabilitation or residential, multiple person treatment facility, unless specifically exempted from zoning regulations and restrictions by the Ohio Revised Code or Federal Housing Laws.

   (j)    "Junk motor vehicle" means any motor vehicle that is extensively damaged and/or incapable of being operated on a public street, due to disrepair or otherwise. Such damage may include, but shall not be limited to, missing wheels, tires, motor, transmission or other mechanical part required for the operation of the vehicle; having one or more uninflated tires which have been uninflated for at least forty-eight hours; or having two or more broken or cracked windows or any body part which has been either damaged or rusted through or partly through and which covers an area of 500 square inches or more.

   (k)   "Landscaping" means growing and decorative features, including tree lawns fronting upon public streets adjoining each lot or part thereof.

   (1)    "Occupant" means a person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or a room.

   (m)    "One-floor dwelling" means one in which less than two-thirds of the total habitable floor area on the second floor has a ceiling height of seven and one-third feet (2,235 mm).

   (n)    "Owner" means the owner of the premises, including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessee of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.

   (o)    "Person" means any individual, firm, partnership, association, corporation, company, organization or association of persons of any kind.

   (p)    "Porch" means an open or screened nonhabitable accessory structure, including decks or terraces, to the front, side or rear of a main dwelling.

   (q)    "Premises" means a lot, parcel or plot of land, including buildings, structures, landscaping and trees thereon.

   (r)    "Secondary or appurtenant structure" means a structure, the use of which is incidental or accessory to that of the main building, and which is attached to the main building or located on the same premises therewith.

   (s)    "Supply" and "supplied" mean paid for, furnished or provided by, or under the control of, the owner or operator.

   (t)    "Two-floor dwelling" means one in which two-thirds or more of the total habitable floor area on the second floor has a ceiling height of seven and one-third feet (2,235 mm).

      (Ord.  2020-72.  Passed 5-18-20.)