(A) Department of Property Maintenance Inspection.
(1) General. The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Code Official.
(2) Appointment. The Code Official shall be hired by Village Council and under the Mayor or Village Administrator’s supervision, upon the concurrence of Village Council. The Code Official is hired at the sole convenience of the Village Council and can be removed from office for usurping authority or other reasons the Village Council deems necessary for removal.
(3) Experience and ability. To make informed decisions, the Code Official must understand not only the subchapter but also the fundamental technical aspects upon which the subchapter is based. The Code Official must also know and follow good inspection and enforcement techniques.
(a) Must know basic technical aspects and key inspection points for plumbing, electrical, heating and ventilating, and structural systems.
(b) Must know basic health requirements and inspection points for minimum light, heat, and space requirements, poor housekeeping and animal hoarding, pest control, and mold.
(c) Must know basic protective requirements for lead, asbestos, and illegal methamphetamine labs.
(d) Must know methods to conduct effective inspections.
(e) Must know the role of the Code Official in the legal aspects of enforcement, from inspection through court proceedings.
(4) Deputies. (Not used at this time) In accordance with the prescribed procedure of the village’s personnel policies, and with the concurrence of the Village Council, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical officers, inspectors and other employees.
(5) Restriction of employees. An official or employee connected with the enforcement of this subchapter shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of any dwelling, structure, building or premises, or the preparation of construction documents therefor, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with his or her official duties or with the interests of the department.
(6) Waiver of liability. Neither the Code Official, nor any other officer or employee charged with the enforcement of this subchapter, while acting under the authority of this subchapter and on behalf of the village, shall be held personally liable for any damages accruing to persons or property as a result of any act required or permitted in the discharge of his or her official duties.
(B) Duties and powers of the Code Official.
(1) General. The Code Official, or his or her designee, shall be responsible for enforcing the provisions of this subchapter.
(2) Authority.
(a) The Code Official shall have the authority to:
1. Adopt and promulgate administrative rules and procedures to aid in the administration and enforcement of this subchapter, but must be approved by the legislative authority.
2. To interpret and implement the provisions of this subchapter and to secure the intent thereof; but can be overridden by the legislative authority.
3. To designate requirements applicable because of local climatic or other conditions.
(b) Any administrative rules or procedures adopted and promulgated by the Code Official shall not have the effect of waiving structural or fire performance requirements specifically provided for in the Ohio Residential Code or Ohio Building Code, nor shall they violate accepted engineering methods involving public safety.
(3) Inspections. The Code Official shall make all inspections required by this subchapter, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such experts or professionals as he or she may deem necessary to report upon unusual technical issues that arise, subject to the approval of the Mayor.
(4) Right of entry. The Code Official will ask for entry (only in extreme conditions, thus being an imminent danger and offer public health, safety and welfare issues that do not comply with these provisions) of any building, dwelling, structure or premises at reasonable times, and upon reasonable notice to the owner, in order to inspect. (However, such right shall be subject to constitutional restrictions on unreasonable searches and seizures.) The occupant can refuse entry and if it is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law, including, but not limited to, seeking a judicial search warrant.
(5) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of his or her duties under this subchapter.
(6) Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this subchapter, in accordance with division (E) below.
(7) Department records. The Code Official shall keep official records of all business and activities of the department, as specified in this subchapter. Such records shall be retained as long as the building, dwelling, structure or premises to which such records relate remains in existence, unless otherwise provided for by other regulations.
(8) Coordination of inspections. Whenever, in the enforcement of this subchapter, the Code Official finds that any other official of the village is engaged in the process of enforcing another village code or ordinance, it shall be the duty of the Code Official to coordinate his or her inspections and administrative orders with those of the other officials, as fully as practicable, so that visits of numerous inspectors and multiple or conflicting orders can be minimized. Whenever an inspector from any agency or department of the village observes an apparent or actual violation of any provision of this subchapter, the inspector shall report his or her findings to the Code Official.
(9) Appeals. Any person adversely affected by an administrative decision regarding any rule, requirement or interpretation made by the Code Official may appeal such decision to the Appeals Board. The Appeals Board shall consist of one Council Member and two citizens of the village.
(C) Modifications; variances.
(1) (a) Whenever the Code Official finds that the enforcement of the provisions of this subchapter would impose a burden upon the owner of the building or structure that unduly outweighs the village’s interest in the health, safety or welfare of the public, the Code Official shall have the authority to grant modifications for individual cases.
(b) If the property owner believes that the maintenance code, as applied to you, has been incorrectly interpreted, or applied inappropriately, or that other means can and will be used to adequately address the situation, then you may appeal to the Property Maintenance Committee for the village, by completing the attached notice of appeal and filing it with the Village Fiscal Officer within 15 days of when the notice of violation was served upon you.
(c) Such modifications (variances) shall be granted by the Property Maintenance Committee for the following conditions:
1. Special conditions, which do not result from any action or omission by the aggrieved party, make the strict letter of this subchapter impractical;
2. The modification is in compliance with the intent and purpose of this subchapter; and
3. Granting the modification would not lessen any other health, life and/or fire safety requirements.
(d) And modifications granted by the Code Official and the Property Maintenance Committee shall be recorded and entered in the department files.
(2) Alternative materials, methods and equipment. The provisions of this subchapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this subchapter, provided that the Code Official has approved any such alternative. An alternative material or method of construction may be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this subchapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this subchapter in quality, strength, effectiveness, fire resistance, durability and safety.
(3) Required testing.
(a) Whenever there is evidence of noncompliance with the provisions of this subchapter, or evidence that a material or method does not conform to the requirements of this subchapter, or in the consideration of requests for alternative materials or methods, the Code Official shall have the authority to require tests be made as evidence of compliance, at the cost of the owner. (Only if an imminent danger conditions will this be used.)
(b) Test methods shall be as specified in this subchapter or by other industry-recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.
(c) All tests shall be performed by an approved agency.
(d) Reports of tests shall be retained by the Code Official for the period required by division (B)(7) of this section.
(4) Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, and have placed in good and proper working condition, and have been approved by the Code Official.
(5) Appeals. Any person aggrieved by the denial of a modification, or any person specially aggrieved by the granting of a modification, may appeal such decision to the Appeals Board.
(D) Violations; penalties.
(1) Unlawful acts. It shall be unlawful for any owner to maintain, or allow to be maintained, any building, dwelling, structure or premises in conflict with, or in violation of, any of the provisions of this subchapter. It shall be unlawful for any person to violate any provisions of this subchapter.
(2) Notice. The Code Official shall serve notices of violation and correction orders in accordance with division (E) of this section.
(3) Prosecution of violations. Upon the failure of any owner or any person to comply with a notice of violation and a correction order served in accordance with division (E) of this section, the Code Official may institute the appropriate proceeding, whether in law or in equity, to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building, dwelling, structure or premises.
(4) Penalties. Any owner who fails to comply with a notice of violation and correction order served in accordance with division (E) of this section, or any person who violates any other provision of this subchapter, shall be deemed guilty of a minor misdemeanor, and the violation shall be deemed a strict liability offense. The penalty shall be $150 per violation and each day the violation continues shall be considered a separate offense. Code Official shall determine the time allowed for completion of offense.
(5) Other remedies. The imposition of the penalties herein prescribed shall not preclude the Police Chief or his or her deputies from instituting the appropriate action, whether in law or in equity, to restrain, correct or act, illegal business or the illegal use of any building, dwelling, structure or premises, or any other unlawful act under the provisions of this subchapter.
(E) Notices and orders.
(1) Notice of violation. Whenever the Code Official determines that there has been a violation of this subchapter or has grounds to believe that a violation has occurred, notice shall be given to the owner of the building, dwelling, structure or premises in the manner prescribed in this division (E).
(2) Form of notice. Notices shall be in writing and shall contain the following information:
(a) A description of the real estate sufficient for identification;
(b) A statement outlining the violation(s); and
(c) A correction order allowing reasonable time for the owner(s) to make the repairs and/or compliance with the provisions of this subchapter.
(3) Method of service. Notices shall be deemed properly served upon the owner by any of the following methods:
(a) Personal service;
(b) Registered or certified mail sent to the owner’s last known mailing address;
(c) Ordinary mail sent to the owner’s last known mailing address, evidenced by a certificate of mailing;
(d) Posting the notice in a conspicuous place in or about the premises which is the subject of the notice; or
(e) Publication of the notice in a newspaper of general circulation in the county.
(4) Penalties. Penalties for noncompliance with notices of violation and correction orders shall be as set forth in division (D) of this section.
(5) Transfer of ownership. It shall be unlawful for the owner of any building, dwelling, structure or premises who has been served with a notice of violation and correction order, to sell, transfer, lease or otherwise dispose of such property to another, except under the following circumstances:
(a) The provisions of the correction order have been complied with; or
(b) The Code Official has been furnished with an affidavit from the grantee, transferee, mortgagee or lessee that:
1. Acknowledges receipt of a true copy of the notice of violation and correction order from the owner; and
2. States the grantee’s, transferee’s, mortgagee’s or lessee’s unconditional acceptance of the responsibility for making the corrections or repairs required by the correction order.
(6) Abatement.
(a) For the purposes of this division (E), the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible, if the property owner cannot comply or doesn’t have the financial capability to pay for such work.
(b) Costs incurred by the village in the performance of emergency work shall be charged against the property upon which the structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(F) Unsafe structures and equipment.
(1) When a building, dwelling, structure, premises, or equipment is found by a Code Official to be unsafe, or when a building, dwelling, structure or premises is found unfit for human occupancy, or is found unlawful, such building, dwelling, structure or premises may be condemned for occupancy, or be condemned and ordered demolished pursuant to division (H) of this section.
(a) Unsafe structures. An unsafe building, dwelling, structure or premises is one that is found to be dangerous to the life, health, property or safety of the public; or to the occupant thereof by not providing minimum safeguards to protect or warn the occupant in the event of fire; or because such structure contains unsafe equipment, or because it is so damaged, decayed dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible.
(b) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair of dilapidated condition that such equipment is a hazard to life, health, property or safety of the public or the occupant of the building, dwelling, structure or premises.
(c) Unlawful structure. An unlawful building, dwelling or structure is one found in whole or in part to be occupied by more persons than permitted under this subchapter or other applicable codes, such as state and county zoning or building codes, or was erected, altered or occupied contrary to law.
(2) Structure unfit for human occupancy. A building, dwelling, structure or premises is unfit whenever the Code Official finds that such building, dwelling, structure or premises to be extremely unsafe; or is unlawful; or is unsanitary; or is vermin or rat infested; or contains filth and contamination; or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this subchapter or other applicable codes; or because this building, dwelling or structure contains unsafe equipment; or because the location of the structure constitutes a hazard to the occupant thereof or to the public; or because of the degree to which the structure is in disrepair or lacks maintenance it constitutes a hazard to the occupant thereof or to the public.
(3) Closing of the vacant structures. If a building, dwelling or structure is vacant and deemed to be extremely unsafe or unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of “condemned for occupancy” on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through an available public agency, or by contract or arrangement with private persons. The cost thereof shall be charged against the property upon which the building, dwelling or structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(4) Condemnation for occupancy.
(a) Notice. Before the Code Official issues an order for condemnation for occupancy, notice of violation and a correction order shall be served upon the owner of the building, dwelling, structure or premises in accordance with division (E) of this section.
(b) Placement of placard. Upon failure of the owner to comply with the correction order within the time given, the Code Official shall post in a conspicuous place in or about the building, dwelling, structure or premises, a placard bearing the words “Condemned for Occupancy”. If the structure has been condemned for occupancy because of unsafe equipment, a placard shall also be placed on said equipment. Said placard shall contain a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.
(c) Prohibited occupancy. Any person who occupies a placarded premise or operates placarded equipment, or any owner who shall let anyone occupy a placarded premises or operate placarded equipment, shall be guilty of a minor misdemeanor and the violation shall be deemed a strict liability offense. The penalty shall be $150 per violation, and each day the violation continues shall be considered a separate offense. The imposition of the penalties herein prescribed shall not preclude the Police Chief from instituting any other appropriate action, whether in law or in equity.
(d) Removal of placard. The Code Official shall remove the condemnation placard when the defect(s) upon which the condemnation and placard placement action were based has been corrected or eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be guilty of a minor misdemeanor and the violation shall be deemed a strict liability offense. The penalty shall be $150 per violation, and each date the violation continues shall be considered a separate offense. The imposition of the penalties herein prescribed shall not preclude the Police Chief from instituting any other appropriate action, whether in law or in equity.
(G) Emergency measures.
(1) Imminent danger. When, in the opinion of the Code Official, any building, dwelling, structure or premises is deemed to be extremely unsafe and poses an imminent danger to any person, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the building, dwelling, structure or premises forthwith. Conditions that will be considered to pose an imminent danger include, but are not limited to:
(a) Failure or collapse of a building, dwelling, or structure or any part thereof which endangers the health, safety or welfare of the occupants or the public;
(b) When any building, dwelling, structure or premises, or any part thereof has fallen and life is endangered by the occupation of the building, dwelling, structure or premises;
(c) When there is actual or potential danger to the building, dwelling, or structure’s occupants, those in the proximity of it, or the public because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials;
(d) Operation of defective or dangerous equipment or fixtures that endanger the health, safety or welfare of the occupants, those in proximity of it, or the public.
(2) Notice. The Code Official shall cause to be posted at each entrance to such building, dwelling, structure or premises a notice reading as follows: “This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(3) Emergency repairs.
(a) Notwithstanding other provisions of this subchapter, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition that creates an emergency, the Code Official shall order the necessary work to be done to render such structure temporarily safe, including the boarding up of openings, whether or not the legal procedure herein described has been instituted, and shall cause such other action to be taken he or she deems necessary to meet such emergency.
(b) For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible, if the property owner cannot comply or doesn’t have the financial capability to pay for such work.
(c) Costs incurred by the village in the performance of emergency work shall be charged against the property upon which the structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(4) Closing streets. When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(H) Demolition.
(1) General. The Code Official shall order the owner of any premises upon which is located any building, dwelling or structure that in the Code Official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and that cannot be reasonably repaired, to demolish and remove such structure. If, in the judgment of the Code Official, such structure is capable of being made safe by repairs, the owner may choose to either repair and make safe and sanitary the structure or to demolish and remove the structure. If the owner chooses to repair the structure, such structure shall be made safe and sanitary, to the satisfaction of the Code Official within one year, the Code Official may grant no more than two 6-month extensions to the owner in which to complete the repairs. If the owner does not complete the repairs within the required time frame, such structure shall be condemned and ordered demolished in accordance with division (H)(3) hereof.
(2) Notices and orders. All notices and orders shall comply with division (E) above.
(3) Failure to comply.
(a) If the owner of a building, dwelling, structure or premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the property upon which the structure is located and shall be a lien upon such property and may be collected as other property taxes are collected.
(b) When any structure has been ordered demolished and removed, the village shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the owner of the premises, subject to any order of a court of competent jurisdiction. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. -, passed 10-2-08)