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The purposes of this chapter are to protect the public health, safety and welfare of the citizens and inhabitants of the city by preventing property deterioration and by establishing minimum standards governing the maintenance, appearance and conditions of all residential and non-residential premises; to fix certain responsibilities and duties for owners and occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises and to fix penalties for violations of this chapter. This chapter is hereby declared to be remedial and essential for the public interest and it is intended that this chapter be liberally construed to effectuate the purposes as stated above.
(Ord. 9142, passed 12-18-2023)
The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE. A detached building or structure in a secondary or subordinate capacity from the main building.
BUILDING. A combination of materials enclosed within walls or exterior walls, built, erected and framed of component structured parts designed for the housing, shelter, enclosure and support of individuals, businesses, institutions, animals, or property of any kind.
BUILDING CODE. The Building Code as adopted by the Wood County Department of Building Inspection.
DETERIORATION. The condition 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.
DISABLED VEHICLE. A vehicle manufactured or built for use on a public roadway which is inoperable because it is unlicensed or because of any other reason which would prevent the use of the vehicle on a public highway.
DWELLING. Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
DWELLING UNIT. Any room or group of rooms located within a building forming a single habitable unit.
EXPOSED TO PUBLIC VIEW. Any premises, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, open-air parking lot, or from any adjoining or neighboring premises.
EXTERIOR OF THE BUILDING. 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 HAZARD. Any thing or act (1) which increases or may cause any 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 (2) which may obstruct, delay, or hinder or may become the cause of any obstruction, delay, or hindrance to the prevention, suppression, or extinguishment of fire.
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 specially denoting a limited number of properties in a very close space relationship to each other.
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 non-dwelling uses.
NATURAL GROWTH. Dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof.
OCCUPANT. Any person who has charge, care, or control of a building, structure, dwelling, or premises (or a 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 title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation, or fiduciary, directly in control of the premises.
OVERHANGINGS. Loose and overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
PREMISES. A lot, plot, or parcel of land, including the buildings thereon.
PROPERTY MAINTENANCE OFFICER. The Municipal Administrator or their designee of the City of Bowling Green or such other public official or deputy property maintenance officer as shall be appointed by the Mayor.
PUBLIC NUISANCE:
(1) Any public nuisance known in common law, or as provided by the Statutes of the State of Ohio or the Ordinances of the City of Bowling Green.
(2) Conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist or where the conditions are perilous by active and negligent operation thereof.
(3) Unsanitary conditions or anything dangerous to health;
(4) Fire hazards; and
(5) Any one of the following:
(a) Abandoned wells and shafts;
(b) Any premises that has unsanitary sewerage or plumbing facilities;
(c) Any premises designated by the Wood County Department of Health or a court of this state;
(d) Any premises that are manifestly unsafe or unsecure so as to endanger life, limb or property;
(e) Any premises from which the plumbing, heating or facilities required by the Wood County Building Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or from which the required precautions against trespassers have not been provided;
(f) Any premises that are unsanitary, or that are littered with rubbish or garbage, or that have an uncontrolled growth of weeds; or
(g) Any building that is in a state of dilapidation, deterioration or decay, abandoned or damaged by fire to the extent so as not to provide shelter; or is in danger of collapse or failure; dangerous to anyone on or near such building.
REFUSE. All putrescible and nonputrescible solid wastes (except human and animal wastes) including, but not limited to, garbage, rubbish, ashes, dead animals, and solid market and industrial wastes, an accumulation of brush, broken glass, stumps, and roots that present a safety hazard, and includes garbage, trash and debris which present an unsanitary and/or safety hazard.
REGISTERED MAIL. Registered or certified mail.
RUBBISH. Nonputrescible solid wastes consisting of both combustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery, and similar materials.
WEATHERING. Deterioration, decay, or damage caused by exposure to the elements.
(Ord. 9142, passed 12-18-2023)
(A) This chapter is applicable to every residential and nonresidential building and the premises on which it is situated in the city, used or intended to be used for dwelling, retail, commercial, or business purposes, shall comply with the provisions of these sections, whether or not such building has been constructed, altered, or repaired before or after the enactment of these sections, and irrespective of any permits which shall have been issued for the use or occupancy of the building or for the installation or repair of equipment of facilities prior to the effective date of these sections. These sections establish minimum standards for the initial and continued occupancy and use of all such buildings and do not replace or modify standards otherwise established for the construction, repair, alteration, or use of buildings.
(B) In any case, where the provisions of these sections impose a higher standard than set forth in any other ordinances of the city or under the laws of the State of Ohio, then the standards as set forth herein shall prevail, but if the provisions of these sections impose a lower standard than any other ordinances of the city or of the laws of the State of Ohio, then the higher standard contained in any such ordinance or law shall prevail.
(Ord. 9142, passed 12-18-2023)
(A) Owners shall have all the duties and responsibilities as prescribed in these sections, and no owner shall be relieved from any such duty and 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 these sections, the respective obligations and responsibilities of the owner and the occupant shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and any other parties.
(Ord. 9142, passed 12-18-2023) Penalty, see § 159.99
The owner shall keep the exterior of all premises and every structure thereon including, but not limited to, walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, store fronts, signs, windows, doors, awnings, and marquees in good repair and all surfaces thereof shall be kept painted or protected with other coating or material where necessary for the purposes of preservation and avoiding a blighting influence on adjoining properties. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved safely, fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
(Ord. 9142, passed 12-18-2023) Penalty, see § 159.99
(A) 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 standard set forth in this chapter and so that the appearance of the premises and structures shall not constitute a blighting factor for the adjoining property owners nor an element leading to progressive deterioration and downgrading of the immediate neighborhood such maintenance obligation shall include, but not be limited to, the following:
(1) Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street, or other public area, equipment and materials relating to commercial or industrial uses, unless permitted under the zoning ordinance from the premises.
(2) Landscaping. Lawns, hedges, and bushes shall be kept from becoming overgrown to the extent that they obstruct sidewalks or right-of-way.
(3) Removal of all miscellaneous rubbish. All yards, courts or lots shall be kept free of refuse/rubbish.
(B) Any dwelling structure or secondary or appurtenant structure whose exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying, disintegrating, or in poor repair must be repaired or razed. In addition:
(1) All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, trim, railings and their missing members, must be replaced and put in good condition.
(2) The structure shall be maintained free of broken windows, crumbling stone or brick, or other conditions reflective of deterioration to the end that the property itself may be preserved, safety and fire hazards eliminated, so that health, safety and welfare of the public is not threatened.
(Ord. 9142, passed 12-18-2023) Penalty, see § 159.99
The exterior of all nonresidential 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 on the adjoining property owner nor an element leading to the progressive deterioration and downgrading of the immediate neighborhood including the following:
(A) Landscaping. Lawns, hedges, and bushes shall be kept free from becoming overgrown to the extent that they obstruct sidewalks or right-of-way. All yards, courts or lots shall be kept free of rubbish not appropriate to the area which may cause a fire hazard or may act as a breeding place for vermin or insects.
(B) Signs. All permanent signs exposed to public view permitted by reason of other regulations or as a lawful non-conforming use, shall be maintained in good repair. Any signs which have weathered or are 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 broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
(C) Store fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or a nuisance. Any cornice visible above a store front shall be kept painted, when required, and in good repair.
(D) Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk, or other portion of the premises shall be maintained in good repair, and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awnings or marquees are made of cloth, plastic, or similar materials, such cloth or 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 any encroachment on streets, sidewalks, or other parts of the public domain.
(Ord. 9142, passed 12-18-2023) Penalty, see § 159.99
All parts of the premises shall be maintained so as to prevent infestation by insects, termites and rodents. All provisions for garbage and refuse shall be constructed so as not to be accessible to dogs, cats or other animals.
(Ord. 9142, passed 12-18-2023) Penalty, see § 159.99
Where a public nuisance or violation of this chapter is found to exist, a written notice from the property maintenance officer shall be served upon the person or persons responsible for the correction thereof.
(A) Contents of notice. The notice shall specify the violation or the violations committed, what must be done to correct the same, and a reasonable period of time (not to exceed 45 days) to correct or abate the violation.
(B) Service of notice. Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. 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 Wood County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The property maintenance officer shall file and provide notice to any owner or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the property maintenance officer personally or by certified mail addressed to the property maintenance officer. 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. Notwithstanding any other provisions herein contained where premises are subject to registration and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, or lessor of the premises, jointly and severally.
(C) Non-compliance with notice. Whenever the owner, agent, occupant, or operator of a structure or premises fails, neglects, or refuses to comply with any notice of the property maintenance officer, the property maintenance officer may advise the Director of Law of the circumstances, and request to institute an appropriate legal action to compel compliance.
(Ord. 9142, passed 12-18-2023)
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