CHAPTER 150:  BUILDING CODE
Section
General Provisions
   150.01   Ohio State Building Code and other regulations adopted
Building Permits
   150.10   Permits required
   150.11   Enforcement; compliance with city zoning and state building code
   150.12   Fee required
   150.13   False statements
   150.14   Referral to Planning Commission; public hearing
   150.15   Construction plans required
   150.16   Boundary line markers required
   150.17   Yard requirement
   150.18   Construction; time limit
Fire Limits
   150.25   Fire limits established
   150.26   Wooden buildings or structures
   150.27   Alterations and extensions
   150.28   Moving buildings
   150.29   Buildings partly within fire limits
   150.30   Exceptions to restrictions
   150.31   Violations
Unsafe or Unsanitary Buildings
   150.40   Definition
   150.41   Unsafe buildings to be made safe or abated
   150.42   Reconstruction or restoration
   150.43   Compliance
Enforcement
   150.50   Building Department created
   150.51   Building Inspector; powers
   150.52   Assistant Inspectors
   150.53   Rules and regulations; publication; effect of and amendment of rules
   150.54   Liability of employees
   150.55   Department records and reports
   150.56   Board of Building Code Appeals established
   150.57   Board's powers and duties
   150.58   Board's meetings and records
   150.59   Board procedure
   150.60   Right to appeal to Board
   150.61   Time, fee, and notice of appeal
   150.62   Notice of hearing; evidence
   150.63   Decisions recorded
   150.64   Decisions; variations and modifications
   150.65   Building Inspector to act on decision
   150.66   Dangerous dwellings
   150.67   Declaration of nuisance; vacation orders
   150.68   Notice served on dangerous dwelling
   150.69   Appeal from notice and orders
   150.70   Vacation and demolition for noncompliance
   150.71   Emergency vacation and demolition
   150.72   Disposition of insurance proceeds
   150.99   Penalty
GENERAL PROVISIONS
§ 150.01  OHIO STATE BUILDING CODE AND OTHER REGULATIONS ADOPTED.
   The recommendations of the Ohio State Building Code for all occupancies in such code, all building code rules and regulations of the State Board of Building Standards and all published building code requirements of the Division of Factory and Building Inspection of the State Department of Industrial Relations, except any provision relating to the construction, alteration or repair of one-, two-, or three- family dwellings or appurtenances, shall represent the minimum requirements for all buildings proposed to be constructed and erected in the city, and are incorporated and made a part of this building code, as if the same were written into such code in their entirety.
(`63 Code, § 1317.01)  (Ord. 42-69, passed 11-3-69)
Statutory reference:
   Adoption of technical codes, see R.C. § 731.231
   Ohio Building Code, see R.C. § 3781.10
   Ohio building standards, see R.C. Ch. 3781
BUILDING PERMITS
§ 150.10  PERMITS REQUIRED.
   (A)   No person, firm, or corporation shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate building permit for each building or structure from the office of the City Engineer for such purpose.
   (B)   The city accepts and adopts the flood plain and floodway delineation data supplied by the U.S. Army Corps of Engineers for the city as a part of this chapter and this data shall be used in reviewing all building permit applications.
   (C)   In accordance with the aforementioned flood plain and floodway data, no new construction or substantial improvement to existing buildings or no fill shall be permitted in the floodway portion of the flood plain.
   (D)   The first habitable floor of any new construction or substantial improvement located outside of the floodway but below the elevation of the 100-year flood, will be elevated by fill or flood-proofed to a height of 1.5 feet above the 100-year flood elevation.
   (E)   Any improvements costing less than $1,000 shall not require a building permit, but such improvement is subject to this building code.
(`63 Code, § 1301.01)  (Ord. 14-76, passed 2-17-76; Am. Ord. 52-80, passed 6-23-80) Penalty, see § 150.99
Statutory reference:
   Power to regulate building erection, see R.C.  §§ 715.26, 715.29, 737.28, and 737.37
§ 150.11  ENFORCEMENT; COMPLIANCE WITH CITY ZONING AND STATE BUILDING CODE.
   The City Engineer shall administer and enforce the provisions of this chapter including the receiving of applications, the inspection of premises and the issuing of building permits.  No building permit shall be issued by the City Engineer except where the provisions of Chapter 155 have been complied with and where, if applicable, such buildings shall be constructed pursuant to the state building code.
(`63 Code, § 1301.02)   (Ord. 3078, passed 3-4-57)  Penalty, see § 150.99
§ 150.12  FEE REQUIRED.
   The fee required to be paid upon application for such permit shall be as follows:  At the rate of $1 per $2,000 cost or any part thereof for any residence construction, improvement, or alteration, or for any private garage or any other building used in connection with a residence.  At the rate of $15 per $100,000 cost or any part thereof for any industrial, commercial, or public building.
(`63 Code, § 1301.03)   (Ord. 52-80, passed 6-23-80)
Statutory reference:
   Fees for plan approval, see R.C. § 3791.07
§ 150.13  FALSE STATEMENTS.
   It shall be unlawful and a violation of this chapter for any person to make any false statement on any application to the city for a building permit.
(`63 Code, § 1301.04)  (Ord. 3078, passed 3-4-57) Penalty, see § 150.99
§ 150.14  REFERRAL TO PLANNING COMMISSION; PUBLIC HEARING.
   Whenever the City Engineer finds that an application does not conform to the state building code or Chapter 155, then he shall forward such application to the Planning Commission who shall hold a public hearing on the application.  The Planning Commission may, after public hearing upon the application, recommend to the City Council that an exception be made and that a permit be granted if they find it right, just, and proper that such permit should be issued.
(`63 Code, § 1301.05)  (Ord. 3078, passed 3-4-57)
§ 150.15  CONSTRUCTION PLANS REQUIRED.
   Plans required shall be drawn to scale and submitted for new construction, addition, or remodeling of 50% or more of value of building, and shall consist of the following:
   (A)   A plot plan showing street location; the location of the proposed building and all existing buildings on the site including setback and side yard dimensions; distances between all buildings; and location and sizes of all utilities.
   (B)   A floor plan showing all relevant information sufficiently dimensioned to describe all space sizes.  Wall materials must be described.
(`63 Code, § 1301.07)  (Ord. 52-80, passed 6-23-80)
Statutory reference:
   Power to set limits and govern construction, see R.C. § 737.28
   Required submission of plans of public buildings, see R.C. § 791.04
§ 150.16  BOUNDARY LINE MARKERS REQUIRED.
   Before any new construction or additions to existing structures are started, all boundary lines shall be clearly marked at their intersections with permanent markers or with markers which are offset at a distance which is of record with the owner.
(`63 Code, § 1301.08)  (Ord. 52-80, passed 6-23-80)  Penalty, see § 150.99
§ 150.17  YARD REQUIREMENT.
   No single-story structures shall be located closer than three feet and no structure two stories or more shall be located closer than five feet from the adjoining property line or public right-of-way line.
(`63 Code, § 1301.09)  (Ord. 52-80, passed 6-23-80)  Penalty, see § 150.99
§ 150.18  CONSTRUCTION; TIME LIMIT.
   Construction approved by building permit shall begin within six months of the date of the permit and shall continue to completion without delay.  Failure to comply with this section will result in the revocation of the building permit.
(`63 Code, § 1301.10)  (Ord. 52-80, passed 6-23-80)
FIRE LIMITS
§ 150.25  FIRE LIMITS ESTABLISHED.
   The fire limits of the city are established as follows:  Beginning at the intersection of North Fourth Street and the first public alley north of Steubenville Avenue; thence east on the center line of the aforesaid public alley, parallel to Steubenville Avenue to the end of the aforesaid public alley; thence south with a public alley; thence on the east side of McCrackens Addition on a public alley to Steubenville Avenue; thence east on Steubenville Avenue 120 feet to Highland Avenue; thence southeast on Highland Avenue one block to Wheeling Avenue and South Twelfth Street; thence on South Twelfth Street south to the intersection of Carlisle; thence west on Carlisle to a point on the north right-of-way of the B. and O. Railroad; thence with the right-of-way of the B. and O. Railroad to the intersection of North Fourth Street; thence with the center line of North Fourth Street to the first public alley north of Steubenville Avenue and there to terminate at the place of beginning.
(`63 Code, § 1305.01)  (Ord. 2812, passed 2-18-52)
Cross-reference:
   Fire prevention, see Ch. 93
§ 150.26  WOODEN BUILDINGS OR STRUCTURES.
   Except as otherwise provided in this chapter, no building or structure of wood frame construction or of unprotected metal construction shall be erected within the limits established by law as the fire limits.
(`63 Code, § 1305.02)  (Ord. 2812, passed 2-18-52)  Penalty, see § 150.99
§ 150.27  ALTERATIONS AND EXTENSIONS.
   (A)   Within the fire limits no building or structure of wood frame construction or of unprotected metal construction shall hereafter be increased in height.
   (B)   Within the fire limits no building or structure of wood frame construction or of unprotected metal construction shall hereafter be extended on any side, unless the construction of such extension conforms to the requirements of state building code for new construction, and provided that the total area of the building including extension shall not exceed the allowable area for wood frame construction.
   (C)   Within the fire limits no other building or structure shall hereafter be extended on any side by wood frame construction or unprotected metal construction.
   (D)   Nothing in this section shall prohibit other alterations within the fire limits, provided there is no change of occupancy to a class of occupancy otherwise prohibited.
(`63 Code, § 1305.03)  (Ord. 2812, passed 2-18-52)  Penalty, see § 150.99
§ 150.28  MOVING BUILDINGS.
   No building of wood frame construction or unprotected metal construction shall hereafter be moved from without to within the fire limits or within the fire limits.
(`63 Code, § 1305.04)  (Ord. 2812, passed 2-18-52)  Penalty, see § 150.99
§ 150.29  BUILDINGS PARTLY WITHIN FIRE LIMITS.
   A building or structure shall be deemed to be within the fire limits if one-third or more of the area of such building or structure is located therein.
(`63 Code, § 1305.05)  (Ord. 2812, passed 2-18-52)
§ 150.30  EXCEPTIONS TO RESTRICTIONS.
   Nothing in this section shall prohibit, within the fire limits and subject to the specified limitations, the erection of new buildings or structures, or the extension or enlargement of heretofore erected buildings or structures of wood frame construction or unprotected metal construction, as follows:
   (A)   Frame dwellings not exceeding two stories in height and separated by at least five feet from the lot line of adjoining property.
   (B)   Gasoline service stations, parking lot offices, real estate offices, or similar business structures, of unprotected metal construction not exceeding 2,500 square feet in area, not more than one story in height and located at least ten feet from lot lines.  If erected less than ten feet from the adjoining lot line, the walls facing such lot lines shall have a fire resistance of not less than one hour.
   (C)   A building of wood frame construction or of unprotected metal construction occupied exclusively as a private garage or stable not more than one story in height, not more than 750 square feet in area and located on the same lot with a dwelling, provided that such building shall be placed at least three feet from the lot lines of adjoining property.
   (D)   Outhouses not more than eight feet in height or not more than 100 square feet in area.
   (E)   Greenhouses not more than 15 feet in height erected on the same lot with and accessory to a dwelling or a store.
   (F)   Sheds, open on the long side, not more than 15 feet in height, not more than 500 square feet in area and located at least five feet from buildings and from adjoining lot lines.
   (G)   Builders' shanties for use only in connection with a duly authorized building operation and located on the same lot with such building operation, on a lot immediately adjoining, on an upper floor of the building under construction or on a sidewalk shed.
   (H)   Piazzas or balconies on dwellings, not exceeding ten feet in width or not extending more than three feet above the second story floor beams, provided that no structures shall be located nearer than three feet to an adjoining lot line or be joined to a similar structure of another building.
   (I)   Coal tipples, ice houses, material bins, trestles, and water tanks, when built of planking and timbers of the dimensions specified for heavy timber construction.
   (J)   Fences not exceeding ten feet in height.
   (K)   Roofs over parking lots, of unprotected metal construction, where the roof is at least ten feet above the floor, and where every 40 feet there is an open ventilation area six feet wide extending either the full length or the full width of the roof.
(`63 Code, § 1305.06)  (Ord. 2812, passed 2-18-52)
§ 150.31  VIOLATIONS.
   (A)   No person shall violate any provision of this subchapter or fail to comply therewith or with any of the requirements thereof, or erect, construct, alter, or repair, or has erected, constructed, altered, or repaired a building or structure in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder.
   (B)   The owner of a building, structure, or premises, where anything in violation of this chapter shall be placed or shall exist, and an architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of such violation, shall each be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.
   (C)   The imposition of the penalties herein prescribed shall not preclude the Law Director from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or from restraining, correcting or abating a violation, or to preventing the occupancy of a building, structure, or premises, or preventing an illegal act, conduct, business or use in or about any premises.
(`63 Code, § 1305.99)  (Ord. 2812, passed 2-18-52)  Penalty, see § 150.99
UNSAFE OR UNSANITARY BUILDINGS
§ 150.40  DEFINITION.
   For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
   UNSAFE BUILDING.  Buildings and structures unsafe, unstable or unsanitary, inadequately provided with exit facilities, constituting a fire hazard, unsuitable or improper for the use or occupancy to which they are put, constituting a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence, or abandonment, or otherwise reasonably dangerous to life or property.
(`63 Code, § 1309.01)
§ 150.41  UNSAFE BUILDINGS TO BE MADE SAFE OR ABATED.
   Any building or structure that shall be found upon inspection by the City Engineer to have become dangerous or unsafe shall, unless made safe and so certified by the City Engineer, be demolished, torn down, and removed.
(`63 Code, § 1309.02)
Statutory reference:
   Removal of unsafe structures, see R.C. §§ 715.26(B) and 715.261
§ 150.42  RECONSTRUCTION OR RESTORATION.
   Any building or structure declared unsafe by the City Engineer may be restored to a safe condition, provided, however, that if the damage or cost of reconstruction or restoration is in excess of 50% of the value of the building or structure, exclusive of foundations, such building or structure, if reconstructed or restored, shall be made to conform, with respect to materials and type of construction to the requirements for buildings and structures as set forth in the state building code, if applicable, but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
(`63 Code, § 1309.03)
§ 150.43  COMPLIANCE.
   (A)   No person upon being notified by the City Engineer that any building or structure owned or occupied by him is unsafe or unsanitary shall fail to comply with the written order of the City Engineer in connection therewith.
   (B)   The imposition of any penalty shall not preclude the Law Director from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to restrain, correct, or abate a violation or to prevent the occupancy of a building, structure, or premise, or prevent an illegal act, conduct, or use in and about any such premises.
(`63 Code, § 1309.99)  Penalty, see § 150.99
ENFORCEMENT
§ 150.50  BUILDING DEPARTMENT CREATED.
   There is created a Building Department, which shall be a subdivision of the office of the City Engineer.
(`63 Code, § 1317.02)  (Ord. 42-69, passed 11-3-69; Am. Ord. 1-97, passed 1-13-97)
§ 150.51  BUILDING INSPECTOR; POWERS.
   (A)   The City Engineer is designated as the Building Inspector and he shall hire such other employees as are necessary for the proper administration of this code. The salaries of such employees are to be fixed by Council.
(`63 Code, § 1317.03)
   (B)   The Building Inspector shall have full power to interpret any question arising under the provisions of the building code relative to the manner of construction or material to be used in the erection, alteration, or repair of any building. 
(`63 Code, § 1317.04)  (Ord. 42-69, passed 11-3-69)
§ 150.52  ASSISTANT INSPECTORS.
   Any duty or act required of or authorized to be done by the Building Inspector may be performed by his assistant, subject to revision by the Building Inspector.
(`63 Code, § 1317.05)  (Ord. 42-69, passed 11-3-69)
§ 150.53  RULES AND REGULATIONS; PUBLICATION; EFFECT OF AND AMENDMENT OF RULES.
   (A)   The Building Inspector may promulgate such rules and regulations as he may determine as necessary to supplement or aid in the interpretation of the requirements of this building code, which regulations shall be consistent therewith. 
(`63 Code, § 1317.06)
   (B)   No rule of the Building Inspector shall become effective until two weeks after notice of intention to enforce it shall have been posted on at least two bulletin boards in public places of the municipality.  Any person may, in writing, during the period that the proposed rule is posted, appeal to the Board of Building Code Appeals, alleging that the proposed rule is unreasonable, arbitrary, confiscatory, or contrary to the provisions of this building code.
(`63 Code, § 1317.07)
   (C)   Rules promulgated as herein provided shall have the same force and effect as provisions of this building code.
(`63 Code, § 1317.08)
   (D)   Any rule may be amended or replaced by the same procedure as prescribed for the adoption of new rules. 
(`63 Code, § 1317.09)  (Ord. 42-69, passed 11-3-69)
§ 150.54  LIABILITY OF EMPLOYEES.
   Neither the Building Inspector nor any person appointed or employed by him, when acting in good faith and without malice, shall be personally liable for damages by reason of anything done under the provisions of this building code.
(`63 Code, § 1317.10)  (Ord. 42-69, passed 3-11-69)
§ 150.55  DEPARTMENT RECORDS AND REPORTS.
   The Building Inspector shall keep or cause to be kept a record of the business of the Building Department. The records of the Building Department shall be open to public inspection during regular business hours.
(`63 Code, § 1317.11)  (Ord. 42-69, passed 11-3-69)
§ 150.56  BOARD OF BUILDING CODE; APPEALS ESTABLISHED.
   There is established a Board of Building Code Appeals, which Board shall consist of three members appointed by the Mayor for a term of three years, except that the first appointment shall be made for staggered terms of one, two, and three years and each succeeding appointment shall be for three years.
(`63 Code, § 1317.12)  (Ord. 42-69, passed 11-3-69)
§ 150.57  BOARD'S POWERS AND DUTIES.
   The Board of Building Code Appeals shall have the power, subject to the limitations and in the manner set forth in this building code, to:
   (A)   Affirm or reverse, in whole or in part, or modify any decision of the Building Inspector interpreting the provisions of this building code;
   (B)   Vary the application of any provision of this building code to any particular case, when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit of the purpose of this building code or the public interest;
   (C)   Determine if any material or method of construction may be used, even though not specifically authorized by this building code, and specify the manner in which such materials and methods shall be used;
   (D)   Determine any requirement for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this building code or not readily interpretable from the provisions of this building code;
   (E)   Determine whether any proposed rule of the Building Inspector supplements or aids in the interpretation of the requirements of this building code and is consistent therewith and affirm, amend, modify, or nullify any such proposed rule;
   (F)   Establish rules and regulations, conditions, and qualifications for the registration, licensing, or certification of qualification of any person performing work or providing services under this building code; and
   (G)   Report and recommend to Council any amendment, deletion, or addition to this building code.
(`63 Code, § 1317.13)  (Ord. 42-69, passed 11-3-69)
§ 150.58  BOARD'S MEETINGS AND RECORDS.
   Meetings of the Board of Building Code Appeals shall be held at the call of the chairman and at such other times as the Board may determine.  All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such facts.  It shall also keep records of its examinations and other official actions.  Such minutes and such records shall be public records.
(`63 Code, § 1317.14)  (Ord. 42-69, passed 11-3-69)
§ 150.59  BOARD PROCEDURE.
   (A)   The Board of Building Code Appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of this building code.
   (B)   The Board members shall annually, by majority vote, select one of the members to serve as chairman, who shall hold office for a term of one year or until his successor is elected and qualified.
(`63 Code, § 1317.15)  (Ord. 42-69, passed 11-3-69)
§ 150.60  RIGHT TO APPEAL TO BOARD.
   Any person, any municipal officer or official or any public body aggrieved by the action of the Building Inspector may take an appeal to the Board of Building Code Appeals.  The Building Inspector, any municipal officer or official, any public body or any member of the Board of Building Code Appeals may request a hearing by the Board on any subject over which the Board has jurisdiction or power, as set forth in this building code, or may request the Board to review or interpret any provision of this building code.
(`63 Code, § 1317.16)  (Ord. 42-69, passed 11-3-69)
§ 150.61  TIME, FEE, AND NOTICE OF APPEAL.
   An appeal from any decision of the Building Inspector may be taken within 30 days from the date of the decision, from which the appeal is taken, by depositing $10 and filing with the Building Inspector and with the Board of Building Code Appeals a notice of appeal, specifying the grounds therefor.  The deposit shall be forfeited if the appeal is denied, but shall be returned if the appeal is granted.  The Building Inspector shall forthwith transmit to the Board the papers upon which the action appealed was taken.
(`63 Code, § 1317.17)  (Ord. 42-69, passed 11-3-69)
§ 150.62  NOTICE OF HEARING; EVIDENCE.
   (A)   Notice.  The Board of Building Code Appeals shall hold a public hearing on each appeal and shall give such notice to the public by posting, publication, or otherwise, as the Board deems appropriate.  At the hearing, any party may appear in person or by his agent or attorney.
   (B)   Evidence and inspection.  In passing upon appeals, the Board may require submission of evidence or proof to substantiate claims and may require such additional data and tests which, in the opinion of the Board, are needed for adequate consideration of the appeal.  Any member of the Board or any person authorized by the Board may at any time enter, inspect, and examine any plans, building, or structure for the purpose of carrying out the duties of the Board.
(`63 Code, § 1317.18)  (Ord. 42-69, passed 11-3-69)
§ 150.63  DECISIONS RECORDED.
   The Board of Building Code Appeals shall in every case reach a decision without unreasonable or unnecessary delay.  Every decision of the Board shall be in writing and shall indicate the vote upon a decision.  Every decision shall be promptly filed in the office of the Building Inspector and shall be open to public inspection.  A certified copy shall be sent by mail or otherwise to the appellant or other interested party and a copy shall be kept publicly posted in the office of the Building Inspector for two weeks after filing.
(`63 Code, § 1317.19)  (Ord. 42-69, passed 11-3-69)
§ 150.64  DECISIONS; VARIATIONS AND MODIFICATIONS.
   The Board after public hearing, may vary the application of any provision of this building code to any particular case when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit and purpose of this building code or public interest or when, in its opinion, the interpretation of the Building Inspector should be modified or reversed.  A decision of the Board to vary the application of any provision of this building code or to modify an order of the Building Inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
(`63 Code, § 1317.20)  (Ord. 42-69, passed 11-3-69)
§ 150.65  BUILDING INSPECTOR TO ACT ON DECISION.
   If a decision of the Board of Building Code Appeals reverses or modifies a refusal, order, or disallowance of the Building Inspector or varies the application of any provisions of this building code, the Building Inspector shall take action immediately in accordance with such decision.
(`63 Code, § 1317.21)  (Ord. 42-69, passed 11-3-69)
§ 150.66  DANGEROUS DWELLINGS.
   All dwellings, including single-family dwellings or parts thereof which have any of the following defects, shall be deemed dangerous dwellings and shall be condemned as unfit for human habitation:
   (A)   Those whose interior or exterior bearing walls or other vertical structural members list, lean, or buckle to such an extent as to weaken the structural support they provide.
   (B)   Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting members or member, or 50% or more of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
   (C)   Those which have improperly distributed loads upon the floors or roof in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
   (D)   Those which have been damaged by fire, wind, or other causes so as to no longer provide shelter from the elements and have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
   (E)   Those which have become or are dilapidated, decayed, unsafe, unsanitary, or vermin- infested or which utterly fail to provide the facilities essential to decent living and are likely to cause sickness or disease or injury to the health, morals, safety, or general welfare of those living therein or of the people at large.
   (F)   Those lacking light, air, and sanitation facilities as required by this building code to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
   (G)   Those lacking facilities required by this building code for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication required herein.
   (H)   Those which have parts thereof which are so attached that they may fall and injure occupants or the public or property.
(`63 Code, § 1317.22)  (Ord. 42-69, passed 11-3-69)  Penalty, see § 150.99
Cross-reference:
   Unsafe or unsanitary buildings, see §§ 150.40 -150.43
§ 150.67  DECLARATION OF NUISANCE; VACATION ORDERS.
   All dangerous dwellings or parts thereof within the terms of this chapter are declared to be public nuisances and shall be vacated and repaired or demolished as hereinafter provided:
   (A)   If the dangerous dwelling is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated and repaired or demolished.
   (B)   In any case where a dangerous dwelling is 50% damaged or decayed or deteriorated from its original structure, it shall be ordered to be vacated and demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this building code it shall be ordered vacated and demolished.
   (C)   Dwellings ordered vacated shall be vacated within 30 days of the receipt of notice to vacate as set forth in § 150.68.
(`63 Code, § 1317.23)  (Ord. 42-69, passed 11-3-69)
§ 150.68  NOTICE SERVED ON DANGEROUS DWELLING.
   Whenever the Building Inspector determines that a dwelling is a dangerous dwelling as defined in § 150.66, he shall:
   (A)   Affix to such dwelling or portion thereof, upon the door or entrance thereto, a placard on which shall be printed a declaration that such dwelling or portion thereof is unfit for human habitation and ordered vacated.  No person shall deface or remove the placard from any dwelling or part thereof which has been condemned as unfit for human habitation and placarded as such. The Building Inspector shall remove such placard whenever the defect upon which the condemnation and placarding section were based have been eliminated.
   (B)   Notify the owner, occupant, lessee, mortgagee, or other person having an interest in the building, as shown by the land records of the County Recorder of Deeds, of any building found by him to be a dangerous dwelling within the standards set forth in § 150.66.
      (1)   The owner must vacate and repair or demolish the building in accordance with the terms of the notice and this building code.
      (2)   The occupant or lessee must vacate the building or, with the consent of the owner, may have it repaired in accordance with the notice and order and remain in possession.
      (3)   The mortgagee or other persons having an interest in the building, as shown by the land records of the County Recorder of Deeds, may at his own risk, vacate, and repair or demolish the building or have such work or act done.
(`63 Code, § 1317.24)  (Ord. 42-69, passed 11-3-69)
   (C)   (1)   The notice required by subsection (B) hereof shall be served either personally or by leaving a copy at the usual place of residence of the owner, or by mailing a copy to such owner at his usual place of residence by U.S. certified mail with return receipt requested.  If service of the written notice is not perfected by any of the hereinbefore described methods, then the Building Inspector shall cause such notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such "public nuisance exists, or if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the same premises.
      (2)   Service of notice may be waived by any owner.  Failure of the Building Inspector to serve all parties other than owners in subsection (B) hereof shall not relieve the owner in fee simple if properly served of the obligation to abate the nuisance.
(Ord. 92-87, passed 10-13-87)
§ 150.69  APPEAL FROM NOTICE AND ORDERS.
   Any person affected by any notice and order provided for in § 150.67 may within ten days after the date of such notice and order, request and shall be granted a hearing on the matter pursuant to the provisions of § 150.62.
(`63 Code, § 1317.25)  (Ord. 42-69, passed 11-3-69)
§ 150.70  VACATION AND DEMOLITION FOR NONCOMPLIANCE.
   If the owner, occupant, mortgagee, or lessee fails to comply with the order of the Building Inspector provided for in § 150.68 or the action of the Building Appeals Board after hearing, where a hearing has been requested, the Building Inspector shall cause such dwelling or part thereof to be vacated and may cause the same to be repaired or demolished if the facts indicate that any delay will be dangerous to the health, morals, safety, or general welfare of the people and shall cause the costs of such repair or demolition to be charged against the land on which the building existed as a municipal lien or to be recovered in a suit at law against the owner.
(`63 Code, § 1317.26)  (Ord. 42-69, passed 11-3-69)
§ 150.71  EMERGENCY VACATION AND DEMOLITION.
   In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous dwelling, as defined in § 150.66, is immediately vacated and repaired or demolished, the Building Inspector shall cause the immediate vacation and repair or demolition of such dangerous dwelling.  The costs of such emergency repair or demolition of such dangerous dwelling shall be collected in the same manner as provided in § 150.70.
(`63 Code, § 1317.27)  (Ord. 42-69, passed 11-3-69)
§ 150.72  DISPOSITION OF INSURANCE PROCEEDS.
   No insurance company doing business in the state shall pay a claim of the named insured for the fire damage to a structure located within the city where the amount recoverable for the fire loss to the structure under all insurance policies exceeds $20,000 and is greater than or equal to 60% of all fire insurance policy monetary limitations unless there is compliance with the following procedures:
   (A)   When the loss agreed to between the named insured and the insurance company equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company, in accordance with R.C. § 715.26(F), shall transfer from the insurance proceeds to the Auditor of the City in the aggregate amount of $1,000 for each $20,000 and each fraction of that amount, of a claim or, if at the time of a proof of loss agreed to between the named insured and the insurance company, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
   (B)   Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the city may be disbursed in accordance with the policy terms.
   (C)   The named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Auditor of the city, after notifying the City Code Enforcement Supervisor, shall return the amount of the fund in excess of the estimate to the named insured, provided that the city has not commenced to remove, repair or secure the building or other structure.
   (D)   Upon receipt of proceeds by the city as authorized by this section, the Auditor of the city shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the city pursuant to R.C. § 715.261.
   (E)   When transferring the fund as required herein, an insurance company shall provide the city with the name and address of the named insured, whereupon the city shall contact the named insured, certify that the proceeds have been received by the city and notify them that the following procedures will be followed:
      (1)   The fund shall be returned by the Auditor of the city to the named insured when repairs, or removal, or securing of the building or other structure has been completed and the required proof is received by the City Code Enforcement Supervisor, provided that the city has not incurred any costs for such repairs, removal or securing.  If the city has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the city shall transfer the remaining funds to the named insured after repair, rebuilding or removal has been completed.  Nothing in this section shall be construed to limit the ability of the city to recover any deficiency under R.C. § 715.261.
   (F)   Nothing in R.C. § 3929.56(C) and (D), as adopted herein, shall be construed to prohibit the city and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
(Ord. 92-87, passed 10-13-87; Am. Ord. 40-05, passed 6-13-05)
§ 150.99  PENALTY.
   Whoever violates any provision of this chapter shall be fined not more than $100.  Any such violation shall constitute a separate offense on each successive day continued.
(`63 Code, §§ 1301.99, 1305.99, 1309.99)