The International Property Maintenance Code, as adopted in § 1348.01, is hereby amended as follows:
Section 101.1. Insert: “City of Broadview Heights, Ohio.”
Section 111.0 MEANS OF APPEAL
(page 5) Insert: “See Section 1440.25 of the Building and Housing Code of the City of Broadview Heights for provisions relating to appeals.”
Section 202.0 GENERAL DEFINITIONS (Amended):
Substitute the following definitions:
Code official: The Building Commissioner or any duly authorized representative of the Building Commissioner or the Mayor.
One-family dwelling: A building containing one dwelling unit with not more than two lodgers or boarders.
Two-family dwelling: A building containing dwelling units with not more than two lodgers or boarders per family.
Family: An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than three unrelated persons, living together as a single housekeeping unit in a dwelling unit.
Lawn: An open space between woods; ground that is covered with grass and is to be kept mowed.
Section 302.1 Sanitation (Amended): All exterior property and premises shall be maintained clean, safe, sanitary and free from any accumulation of rubbish or garbage. No nonresidential use receptacle shall be stored or placed closer than 25 feet to any building used in whole or in part as a place for human habitation. No such receptacle shall be stored or placed in the front of any building setback line. Any receptacle on property shall comply with Section 307.2.1 (Rubbish storage facilities).
Section 302.3 Sidewalks and driveways and driveway aprons (Amended): All sidewalks, walkways, stairs, driveways, driveway aprons, parking spaces and similar areas shall be kept in a proper state of repair, free from hazardous conditions. Changes in the level of public sidewalks up to 1/4 inch may be vertical and without edge treatment. Changes in level between 1/4 inch and 1/2 inch shall be beveled with a slope no greater than 1:2. Changes in level greater than 1/2 inch shall be accomplished by means of a ramp that complies with Ohio Accessibility Guidelines for Persons With Disabilities. Stairs shall comply with the requirements of Sections PM-304.10 and PM-702.9.
Section 302.3.1 Unpaved public sidewalks, driveways, driveway aprons and parking areas (Added): All existing unpaved public sidewalks as well as all unpaved nonresidential use driveways, driveway aprons and parking areas shall be replaced with a hard-surface public sidewalk, driveway, driveway apron and/or parking area in accordance with city surface requirements and construction specifications within 60 days of receipt of written notice to do so by the Code Official or Director of Service. No unpaved driveway or parking area shall be expanded or enlarged without paving all unpaved areas. Paving of tree lawns and areas that are traditionally landscaped shall be prohibited unless approved by the Planning Commission.
Section 302.3.2 Off-street parking and loading facilities and buildings (Added): All existing off-street parking spaces and passenger loading zones that are subject to the Americans With Disabilities Act of 1990 (ADA), Stat. 327 U.S.C. 12101, as amended, the Fair Housing Amendments of 1988, 102 Stat. 1619, 42 U.S.C. 3601, as amended, and buildings that are governed by OAC 4101:1-1 et seq.(Ohio Building Code, Chapter 11), shall comply with the Ohio Accessibility Guidelines. This shall include, but not be limited to, the Ohio (ADA) Accessibility Guidelines to ADA Title III, issued at 28 CRF, Part 36, Appendix A, known as ADAAG 4.1 (Minimum Requirements) and ADAAG 4.6 (Parking and Passenger Loading Zones).
Section 302.4 Weeds and grass (Amended): All premises and exterior property, whether improved or unimproved, including tree lawns, shall be maintained free from weeds or plant growth in excess of 6 inches after May 1 of each year. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs. However, the term “weeds” does not include cultivated flowers and gardens.
Section 302.4.1 Compliance time (Added): Compliance shall be commenced within seventy-two hours after receipt of notice sent by first class and hand delivered or posted at the premises. One notice per calendar year shall be considered notice for the entire calendar year.
Section 302.4.2 Noncompliance; remedies of city; costs (Added): Upon failure of the owner, lessee, agent, tenant having charge of the land in the city, after being given notice to do so, to cut or destroy grass or weeds, or to remove debris or other material described in Sections 302.4 and 302.12 a citation to appear in court for noncompliance with these provisions may be issued. Also, any duly authorized employee of the city and/or any contractor hired by the city may enter upon the property in violation and cut and destroy the grass or weeds growing thereon or remove the debris or other material. Costs shall be billed in accordance with the Fee Schedule in Chapter 1449 of the Building and Housing Code of the city or at cost, whichever is higher. Those costs may be collected by any of the following methods: (a) by means of appropriate civil court action; (b) an additionally penalty and fine in any criminal proceeding associated with a violation of this Chapter 1348 of the Code of Ordinances of the city; or (c) the Director of Finance may send to the owner of the property an invoice for the cost of the work done. The invoice shall be sent to the last known address of the owner or the address to which tax bills with respect to that lot or parcel of land are sent. If the amount of the invoice is not paid with 30 days from the date of the invoice, the amount of the delinquency shall be reported to the Council, which may order that amount to be assessed and certified to the County Auditor for collection in the same manner that real property taxes are collected.
Section 302.8 Motor vehicles (Amended): Except as provided in other regulations, no unlicensed and/or uninsured vehicle, seldom moved (as determined by the Code Official) vehicle, or an immovable motor vehicle, shall be parked, kept or stored on any public or private property, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled, regardless of whether it has valid license plates, with the following exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided such work is performed inside a structure or similarly enclosed area designed and approved by the Fire Chief and the Building Commissioner of the city for such purposes.
Section 302.8.1 Parking (Added): Motor vehicles shall be parked only in approved and designated parking areas. Parking lines and signs, where required, shall be maintained, including parking provisions for the disabled. Parking on lawn areas is prohibited except for special events.
Section 302.10 Outside display of goods (Added): Where the display of goods is permitted by the Planning and Zoning Code and/or the Business Regulation and Taxation Code, there shall be no outside display of goods within 20 feet of any public sidewalk and/or street right-of-way line.
Section 302.11 Landscaping (Added): All lawn areas shall be properly seeded and maintained on a continuing basis. All developed nonresidential land, which is not paved, shall be landscaped. Paving shall not be substituted for landscaping. Landscaping shall be maintained on a continuing basis in accordance with any city approved landscape plan, when applicable.
Section 302.12 General (Added): The exterior property area of all properties shall be kept free of any debris, object, material or condition which, in the opinion of the Code Official, may create a health, accident or fire hazard, is a public nuisance or constitutes a blighting or deteriorating influence on the neighborhood. Lawns, tree lawns, signs, fences, walls, landscaping, trees, walks, driveway aprons, driveways and parking areas shall also be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood and the community.
304.2(A) Algae on Exterior Surfaces (Added): Exterior synthetic and natural material shall be maintained free and clear of algae and mold growth or build-up. Removal of both algae and mold build-up should be achieved through application of an environmentally safe cleaning agent or power washing.
Section 304.7.1 Gutters and downspouts (Added): All roofs of every building, including secondary or appurtenant structures, shall be equipped with gutters and downspouts connected to a public storm sewer if the storm sewer is available and deemed adequate for such purposes by the city, or as otherwise approved by the Code Official.
Section 304.14 (page 10, first and second lines).
Insert: “May 1 to October 1.”
Section 307.2 Disposal of rubbish(Amended): Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such rubbish or garbage in approved leakproof containers with closed, tight-fitting covers. An approved mechanical food waste grinder in a dwelling unit may be used for disposal of garbage.
Section 307.2.1 Rubbish storage facilities (Amended): The owner of every occupied premises shall supply approved leakproof, tight-fitting, covered containers for rubbish and garbage, and the owner of the premises shall be responsible for the removal of rubbish and garbage. Any receptacle on any property, other than a single-family or two-family dwelling, that can be seen from the first floor of a residence, or any street, shall be totally fenced and screened from sight in a manner approved by the Building Commissioner. Every dumpster-type trash receptacle enclosure shall include an approved separate employee entrance in addition to the loading/unloading gates.
Section 307.3.2 Containers. Portable Temporary Storage Units. Placement of a portable temporary storage units are permitted in a commercial and residential district for a period not to exceed sixty (60) consecutive days per address and not more than 2 non-consecutive times per year, provided that the unit is placed on an approved firm surface not more than five (5) feet from the dwelling with a 10’ side setback and at least 25’ from the right-of-way and not obstructing traffic in residential zones and behind the rear building line in commercial zones. If additional time is needed in case of hardship, this would be at the discretion of the Building Commissioner.
Section 602.3 (page 17, fifth line). Insert: “September 1 to June 1 of the following year.”
Section 602.4 (page 17, third line). Insert: “September 1 to June 1 of the following year.”
Section 604.4 Outside illumination (Added): Every building, structure or premises that has illumination in or about its yard shall have such illumination so designed and located that light sources shall be shielded from neighboring residential properties and streets and shall not be of excessive brightness. Flickering, moving or intermittent illumination shall not be permitted.
(Ord. 123-98, passed 7-27-1998; Ord. 9-00, passed 1-18-2000; Ord. 74-04, passed 5-17-2004; Ord. 73-07, passed 6-4-2007; Ord. 36-16, passed 6-20-2016; Ord. 16-2017, passed 6-19-2017; Ord. 34-2017, passed 12-18-2017; Ord. 35-2018, passed 11-5-2018)