(A) Property Inspector.
(1) It shall be the duty and responsibility of the person (herein called the Property Inspector) to enforce the code as herein provided. He shall work in close cooperation with the Fire Chief, the County Health Department and other officials and agencies. He may seek their written opinions concerning the conditions of dwellings or other buildings.
(2) The Property Inspector shall be free from personal liability for acts done in good faith in the performance of official duties.
(3) An official record shall be kept of all business and activities of the department and all records shall be open to the public for inspection at any appropriate time.
(4) Powers and duties of the Property Inspector shall be as follows:
(a) The Property Inspector shall investigate all complaints whether they be verbal, written or in the form of a petition alleging or charging that a violation exists and that a structure, dwelling or premises is unsafe or unfit for human habitation or other occupancy.
(b) Subject to the limitations of the Constitution of the United States and the State, and in order to carry out the purposes and provisions of this Code, the Property Inspector is hereby authorized to make inspections to determine the condition of dwellings and premises within the city in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspection and upon showing appropriate identification, the Property Inspector is hereby authorized to examine and survey, at any reasonable hour, all dwellings and premises.
(c) In the event that an inspection to the interior of rental property is required, written notice of intent to inspect shall be given 48 hours prior to the inspection. For the purpose of making such inspection and upon showing appropriate identification, the Property Inspector is hereby authorized to examine and survey, at any reasonable hour, all dwellings and premises.
(d) Nothing contained in this section shall limit the powers and duties of the Property Inspector or his designated representative to inspect any property in the city when he determines that an emergency exists.
(B) Responsibilities of Owner. Owners shall have the duties and responsibilities as prescribed in this Code 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.
(C) Notice.
(1) Where a violation of this Code exists, the Property Inspector shall cause a written notice of such violation/violations to be served upon the person(s) responsible for the code violation. The notice shall specify the violation committed and shall provide for a reasonable period of time, not more than 30 days, to correct or abate the violation. In the event that weather is a consideration in correcting a violation, the Property Inspector may extend the time set out herein not to exceed 60 days. The person in violation shall present the Property Inspector a letter stating that such a continuance is necessary. The Property Inspector shall decide upon either a continuance of the order as long as it is not a threat to the health and safety of the general public or find that the person in violation, repair such violation in the length of time specified.
(2) Notice may be served personally or by certified mail addressed to the last known address of the person to be served. If the last known address cannot be ascertained, the notice shall be posted in the local paper one time per week for three consecutive weeks.
(D) Appeal.
(1) General provisions. Any person, any municipal officer or official or any public body aggrieved by the action of the Property Inspector may take an appeal to the Board of Property Maintenance Code Appeals. The Property Inspector, any municipal officer or official, any public body or any member of the Board of Property Maintenance 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 Property Maintenance Code, or may request the Board to review or interpret any provision of this Property Maintenance Code. (See § 150.60).
(a) An appeal from any decision of the Property 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 Property Inspector and with the Board of Property Maintenance 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 Property Inspector shall forthwith transmit to the Board the papers upon which the action appealed was taken. (See § 150.61)
(b) Notice: The Board of Property Maintenance 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. (See § 150.62(A)).
(c) 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, buildings or structures for the purpose of carrying out duties of the Board. (See § 150.62(B)).
(2) Appeals Board. There is hereby created an Appeals Board. Members of the Board shall be residents of the city for not less than one year, shall be appointed by the Mayor and shall be approved by a majority vote of Council. Members shall be representative of the residents of the city. Not less than one member shall be a licensed realtor, not less than one member shall represent the interest of commercial housing and not less than one member shall be a minority representative. Such a Board shall consist of one member from each ward. The term to be served by the original appointees shall be one, two, three and four-year terms. Two members shall be appointed to serve a one-year term, two members a two- year term, two members a three-year term and one member a four-year term. If any member resigns, dies or moves out of the ward from which that member was appointed, a replacement member from that ward shall be appointed by the Mayor and approved by Council for the balance of the unexpired term of office. The Appeals Board shall elect one person to serve as chairman, and one as vice chairman. The City Engineer shall serve in an advisory capacity to the Board, but shall not have any voting privileges.
(3) Board powers and duties. The Board of Property Maintenance Code Appeals shall have the power, subject to the limitations and in the manner set forth in the Property Maintenance Code, to:
(a) Affirm or reverse, in whole or in part, or modify any decision of the Property Inspector interpreting the provisions of this Property Maintenance Code;
(b) Vary the application of any provision of this Code to any particular case, when, in its opinion, enforcement thereof should do manifest injustice, would be contrary to the spirit of the purpose of this Property Maintenance Code or the public interest;
(c) Determine if any materials or method of construction may be used, even though not specifically authorized by this Property Maintenance Code, and specify the manner in which such materials and methods shall be used;
(d) Determine whether any proposed rule of the Property Inspector supplements or aids in the interpretation of the requirements of this Property Maintenance Code and is consistent therewith and affirm, amend, modify or nullify any such proposed rule;
(e) Report and recommend to Council any amendment, deletion or addition to this Property Maintenance Code and can be adopted with Council approval. (See § 150.57)
(4) Board meeting and records. Meetings of the Board of Property Maintenance 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 record. (See § 150.58)
(5) Board procedure. The Board of Property Maintenance Code Appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Property Maintenance Code. (See § 150.59)
(6) Vote. The Board shall hear all appeals relative to the enforcement of this Code and by a concurring vote of the majority of its members shall reverse or affirm wholly or partly, or modify, the decision appealed from, and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the Code Official.
(7) Financial interest. A member of the Board shall not participate in any hearings or vote on any appeal in which that member has direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.
(8) Decisions recorded. The Property Maintenance Code Appeals Board shall in every case reach a decision without reasonable or unnecessary delay not exceeding ninety days from the date of the hearing. 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 Property 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 Property Inspector for two weeks after filing. (See § 150.63)
(9) Decisions, variations and modifications. The Board, after public hearing, may vary the application of any provision of this Property Maintenance 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 Property Maintenance Code or public interest or when, in its opinion, the interpretation of the Property Inspector should be modified or reversed. A decision of the Board to vary the application of any provision of this Property Maintenance Code or to modify an order of the Property Inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor. (See § 150.64)
(E) Failure to Comply With Order.
(1) If the owner or resident of a dwelling, building or premises fails to comply with the order of the Property Inspector to repair, alter or improve, close or vacate, remove or demolish the dwelling or building, the Property Inspector may cause the dwelling or building to be repaired, altered or improved, or to be vacated, closed, removed or demolished. The Property Inspector may cause to be posted on the main entrance a placard with the following words:
THIS BUILDING IS UNFIT FOR HUMAN HABITATION OR OTHER USE; THE USE OR OCCUPANCY OF THIS BUILDING FOR HUMAN HABITATION OR OTHER USE HEREAFTER IS UNLAWFUL AND IS PROHIBITED.
(2) No person shall deface or remove the placard or other notice from any dwelling, building or premises until such time the defects upon which the placarding action were based have been corrected or removed, and then only after the Property Inspector has determined that the Code violations have been corrected.
(3) The amount of the repairs, alterations or improvements or vacating and closing, or removal or demolition by the Property Inspector, including the costs of advertising and publishing notices, shall be the personal debt and liability of the owner or owners and shall be a lien against the real property upon which the cost was incurred. The coat shall be certified to the County Treasurer against the property and may be collected, and the liens foreclosed, in the same manner as taxes and tax liens are collected and foreclosed or by other civil suit or process.
(4) All demolition proceedings shall comply with the section of the Ohio Revised Code dealing with demolition of structures.
(Ord. 48-90, passed 7-23-90; Am. Ord. 74-91, passed 8-12-91; Am. Ord. 43-96, passed 6-10-96)