The Property Maintenance Code, as adopted in Section 1480.01 is hereby amended as follows:
(a) The following sections are hereby revised:
Section 101.1. Insert: City of Brunswick, Ohio
Section 103.5 Insert: None
Section 111, Means of Appeal: Delete this section and refer to Chapter 1444
Section 304.14. Insert: January 1 [to] December 31
Section 602.3. Insert: January 1 [to] December 31
Section 602.4. Insert: January 1 [to] December 31 |
(b) The following amendments are added to the Property Maintenance Code:
Section 109.1.1 (Added): Whenever, in the opinion of the Chief Building Official or designee, the condition of a building, structure or premises, or part thereof, constitutes an immediate hazard to human life or health, or constitutes a blighting or deteriorating influence on the neighborhood, he or she shall declare a case of emergency and may order immediate vacation of the building, structure or premises or part thereof and/or may cause the violation to be corrected and for such purpose may employ the necessary labor and materials to carry out the provisions of the BOCA National Property Maintenance Code. The Chief Building Official or designee shall report all expenses to the Mayor or Council.
Section 111. Means of Appeals (Amended): Except for those matters covered by the Ohio Building Code, any person affected by a decision of the Chief Building Official or designee or a notice or order issued under this Building and Housing Code shall have the right to appeal as set forth in Chapter 1444 of the Building and Housing Code.
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.
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 ¼ inch may be vertical and without edge treatment. Changes in level between ¼ inch and ½ : inch shall be beveled with a slope no greater than 1:2. Changes in level greater than ½ inch shall be accomplished by means of a ramp that complies with Ohio Accessibility Guidelines for Persons With Disabilities.
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 Chief Building Official or designee 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 l990 (ADA), Stat. 3327 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 410l:2-11 (Ohio Building Code, Chapter 11), shall comply with the Ohio Accessibility Guidelines as set forth in OAC 4101:2-5-2. This shall include, but not be limited to, the Ohio (ADA) Accessibility Guidelines to ADA Title III, issued at 28 CFR, 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 PM-302.4. 1 Compliance time (Added): Compliance shall be commenced within 2 days, and completed within 5 days, after receipt of notice sent by first class mail, hand delivered, or posted at the premises. one notice per calendar year shall be considered notice for the entire calendar year.
Section PM-302.4.2 Noncompliance: remedy of City: costs (Added): Upon failure of the owner, lessee, agent or tenant having charge of land in the City to cut and destroy weeds after service of notice, 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 weeds growing thereon. Costs shall be billed in accordance with fees set by the City in other sections of the Codified ordinances of the City, or at cost, whichever is higher. Costs may be collected by the City by means of appropriate civil court action and/or as an additional penalty and fine in any criminal proceeding associated with a violation of this Chapter. See also Section 1480.09 (Expenses and Costs) of the Codified Ordinances of the City.
Section 302.8 Motor vehicles (Amended): Except as provided in other regulations, no inoperative, unlicensed, uninsured vehicle, seldom moved [as determined by the Chief Building Official or designee 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 Chief Building Official or designee of the City for such purposes.
Section 302.8.1 Parking of Motor Vehicles (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 302.8.2 Parking of trucks. campers. trailers, boats, recreational vehicles etc. (Added):
(a) Permitted Parking.
(1) Side/rear yards (non-corner lot). The parking or storage of one (1) camper, boat trailer, trailer or recreational vehicle/trailer of any type (“Vehicle”) not in excess of forty (40) feet in length, is permitted in the side or rear yard of an improved non-corner lot residential property, subject to the requirements contained herein. Parking or storage of a Vehicle in the side or rear yard of an improved non-corner residential property shall be no closer than five (5) feet to any lot line unless otherwise approved by the Chief Building Official or designee with the written consent of the owner of the neighboring property.
In addition to the one (1) Vehicle permitted to be parked or stored in the side or rear yard of an improved non-corner residential property, an additional Vehicle not in excess of twenty (20) feet in length may be parked or stored in the side or rear yard of an improved non-corner residential property, subject to the requirements contained herein.
(2) Side/rear yard (corner lot). The parking or storage of Vehicles not in excess of forty (40) feet in length is permitted in the side or rear yard of an improved corner lot residential property, subject to the requirements contained herein. Parking or storage of one (1) Vehicle in the side or rear yard of an improved corner lot residential property shall be no closer than fifteen (15) feet from any public right-of-way and shall be no closer than five (5) feet to any lot line unless otherwise approved by the Chief Building Official or designee with the written consent of the owner of the neighboring property.
(3) Driveway. In the event that the requirements for the side/rear yard Vehicle parking or storage cannot be met, the parking or storage of one (1) Vehicle up to twenty-five (25) feet in length is permitted year-round on driveways of improved residential properties, subject to the requirements contained herein. In the event that the requirements for side/rear yard Vehicle parking or storage cannot be met, the parking or storage of one (1) Vehicle up to forty (40) feet in length is permitted seasonally from April 15th through November 1st on driveways of improved residential properties, subject to the requirements contained herein. If a Vehicle is parked or stored on the driveway of an improved residential property, other than for unloading/loading as described herein, the Vehicle must be parked as close to the garage/residential structure as possible and be located at least twenty (20) feet from the dedicated right-of-way. If another Vehicle(s) is parked behind a Vehicle parked or stored on the driveway of an improved residential property, other than for unloading/loading as described herein, such Vehicle(s) must be located at least twenty (20) feet from the dedicated right-of-way.
(b) Temporary Parking for Unloading/Loading. Vehicles may be parked or stored on driveways of improved residential properties at any time for unloading/loading purposes, subject to the requirements contained herein, for a time period not to exceed seventy-two (72) hours per every ten (10) consecutive calendar days.
(c) Provisions Applicable to All Vehicle Parking.
(1) Approved surface. Parking or storage of any Vehicle in the side or rear yard in improved residential property shall be on an approved surface, effective one (1) year from the adoption of this Ordinance. Approval of such surface shall be made upon application to the Building Department.
(2) Registration. All Vehicles that are parked or stored on improved residential property as provided herein shall be registered annually with the City on form(s) approved by the City Manager at no cost.
(3) Repair. All Vehicles shall be kept in good repair, shall display current year’s license or registration and shall be operable for its intended use. No Vehicle shall be parked or stored on improved residential property if not kept in good repair and operable for its intended use.
(4) Storage materials. No Vehicle that is parked or stored on improved residential property as provided herein shall be used to store any materials not incidental to the intended use of the Vehicle.
(5) Ownership. No Vehicle shall be parked or stored on improved residential property as provided herein unless the owner of the Vehicle is a resident of the improved residential property.
(6) Guest parking. Guest may park or store a Vehicle on an improved residential property as provided herein for a period not to exceed seven (7) days every six (6) months upon registration with the City, provided there is no other Vehicle parked or stored on the improved residential property.
(7) Connection to utilities. No Vehicle shall be connected to electricity, water, gas or sanitary sewer facilities, except for the limited purpose of maintenance. Connections for maintenance purposes shall not exceed the actual time necessary to perform such maintenance activities.
(8) Disconnection of Battery. All Vehicles being parked or stored on improved residential properties from November 1st to April 14th as provided herein shall have its battery disconnected.
(9) Living/housekeeping. No Vehicle being parked or stored on improved residential properties as provided herein shall be used for living or housekeeping purposes.
(10) Commercial vehicles. One (1) ton or larger commercial vehicles shall not be permitted to be parked anywhere on residentially zoned property for any time period that reasonably exceeds their commercial purposes, not to exceed eight (8) hours in any twenty-four (24) hour period.
Section 302.10 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 landscaped plan, when applicable.
Section 302.11 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 Chief Building Official or designee, 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.
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 PM-307.2 Disposal of rubbish and garbage (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 and garbage 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 Chief Building Official or designee. Every commercial trash receptacle enclosure shall include an approved separate employee entrance in addition to the loading/unloading gates.
Section 307.3 Disposal of garbage. (Deleted)
Section 307.3.1 Garbage facilities. (Deleted)
Section PM-306.3.2 Containers. (Deleted)
Section 605.4 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. 122-03. Passed 12-8-03; Ord. 119-06. Passed 12-18-06; Ord. 55-11. Passed 9-26-11; Ord. 5-16. Passed 2-8-16.)