(A) General.
(1) Scope. The provisions of this section govern the minimum requirements, conditions, and responsibilities of owners for maintenance of buildings, dwelling, structures, premises, equipment and fixtures.
(2) Responsibility. The owner of the building, dwelling, structure and/or premises shall be held responsible for the maintenance of the structures and the exterior property in compliance with these requirements, except as otherwise provided for in this subchapter. No person shall occupy a building, dwelling or structure as owner-occupant, or permit another person to occupy, premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Any agreement between the owner and the occupant of a building, dwelling or structure, whether written or oral, whereby the occupant is responsible for keeping the building, dwelling, structure, or any part thereof, in a clean, sanitary and safe condition shall be enforced by the owner and not the village.
(3) Vacant structures and land. All vacant buildings, dwellings, structures, premises and/or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health, safety or welfare.
(B) Exterior property areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
(2) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water within any structure located thereon and/or anywhere on the premises, with the exception of detention/retention areas and reservoirs that have been approved by the village.
(3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(4) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees, or shrubs, provided, however, this term does not include cultivated flowers and gardens.
(5) Rodent harborage. All buildings, dwellings, structures, premises and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, approved processes that will not be injurious to human health shall promptly exterminate them. After extermination, proper precautions shall be taken to eliminate the rodent harborage and prevent re-infestation.
(6) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting of adjacent to public or private property or that of another tenant.
(7) Accessory structures. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair.
(8) Gates. Gates which are required to be self-closing and self-latching in accordance with the Ohio Residential Code, Ohio Building Code, and/or other codes shall be maintained in such a manner that the gate will positively close and latch when released from a still position of six inches from the gatepost.
(9) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair.
(10) Motor vehicles. No inoperative, unlicensed or abandoned motor vehicle shall be parked, kept or stored on any premises and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, unless such vehicle is maintained within an enclosed structure. Painting of vehicles is prohibited unless conducted inside an approved spray booth. A vehicle may undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(11) Firewood. Firewood shall be stacked and maintained in a neat and tidy manner.
(12) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any building, dwelling or structure on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(13) Trailers. No trailer, when loaded with trash, garbage, junk, litter, or damaged/inoperable vehicles shall be parked for a period longer than seven days, except in a totally enclosed building.
(14) Semi-trailers. No semi-trailer shall be used as a storage facility, except that semi-trailers parked on construction job sites may be used for storage related to the site, but shall be removed upon completion of the project. No semi-trailer shall be used for the display or signs or banners.
(15) Kennels/animals. A kennel shall contain no more than three dogs and their offspring (puppies). Puppies will need to be removed after eight weeks. A kennel can be a fenced area, the home or outbuildings. The fenced area can be no more than 150 sq. feet.
(a) Except as otherwise provided in R.C. § 955.221 regarding dogs, a municipal corporation may regulate, restrain, or prohibit the running at large, within the municipal corporation, of cattle, horses, swine, sheep, goats, geese, chickens, or other fowl or animals, impound and hold the fowl or animals, and, on notice to the owners, authorize the sale of the fowl or animals for the penalty imposed by any ordinance, and the cost and expenses of the proceedings.
(b) A municipal corporation may adopt and enforce ordinances to control dogs within the municipal corporation that are not otherwise in conflict with any other provision of the Ohio Revised Code.
(C) Exterior of structure.
(1) General. The exterior of a structure shall be maintained in good repair, structural soundness and a good sanitary condition to prevent posing a threat to the health, safety or welfare of the occupant or the public.
(2) Structural members. All structural members shall be maintained in a sound condition, free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(3) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and shall be capable of supporting the imposed loads.
(a) Couches, overstuffed chairs, beds, or any interior household furniture shall not be used as outdoor furniture on the porch or property premises.
(b) Porches or property premises cannot be used as storage areas. Items to be stored must be enclosed and out of the sight of the general public.
(4) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(D) Interior of a structure.
(1) An existing single-family dwelling shall remain a single-family dwelling, and cannot be made into a multiple-family dwelling. Apartments cannot be made from a single-family dwelling.
(2) The owner of property occupied by tenants shall provide off-street parking for the tenants and their guests. Any future multi-family dwellings within the village shall abide by this subchapter.
(E) Garbage, junk, litter and rubbish.
(1) Accumulation of garbage, junk, litter and rubbish. All exterior property and premises, dwelling and structure, shall be kept free from any accumulation of rubbish or garbage.
(2) Disposal of garbage, junk, litter and rubbish. Every owner of a building, dwelling or structure shall dispose of all garbage, junk, litter and rubbish in a clean and sanitary manner by placing such materials in approved containers, and shall require all occupants of said building, dwelling or structure to do the same. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(3) Garbage facilities. The owner of every dwelling shall supply an approved leak-proof, tightly-covered outside garbage container.
(4) Disposal facilities. The owner of every occupied building, dwelling, structure or premises shall supply approved, covered containers for the disposal of garbage, junk, litter and rubbish, and the owner of the premises shall be responsible for the removal of the same.
(5) Containers. The owner of every business establishment shall provide, and at all times shall cause the business operator to utilize, approved, leak-proof containers provided with close-fitting covers for the storage of waste materials resulting from said business until removed from the premises for disposal.
(F) Extermination.
(1) Infestation. All structures shall be kept free from insect and/or rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.
(2) Responsibility. The owner of any building, dwelling, structure or premises shall be responsible for extermination, and shall be responsible for the continued rodent and pest-free condition of the building, dwelling, structure or premises. Any agreement between the owner and the occupant of a building, dwelling, or structure, whether written or oral, whereby the occupant is responsible for keeping the building, dwelling, structure, or any part thereof, free from insect and/or rodent infestation shall be enforced by the owner and not the village.
(G) Water systems.
(1) General. Every sink, washbasin, bathtub or shower, drinking fountain, toilet, urinal, bidet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, washbasins, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the applicable health codes as adopted and enforced by the Preble County Health Department.
(2) Supply. The water supply system shall be installed and maintained to provide a supply of water to all plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and links.
(H) Sanitary drainage systems.
(1) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
(2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and kept free from obstructions, leaks and defects.
(I) Storm drainage. Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that creates a nuisance.
(J) Trees. The owner of any building, dwelling, structure or premises shall be responsible for the removal of trees that are dead, blocking the sight of traffic on the street and foot traffic on the sidewalks. Trees that have been deemed in a condition at posing a threat to the health, safety or welfare of the occupant or the public, shall be removed.
(1) 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.
(2) 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.
(Ord. -, passed 10-2-08)
Statutory reference:
Shade trees; authority to regulate, see R.C. § 715.20