(a) All references in this code to "International Building Code" shall be replaced with "Residential Code of Ohio" when applied to 1, 2 or 3 family dwelling structures or "Ohio Building Code" when applied to all other structures.
(b) All references in this code to "International Fuel Gas Code" or "International Mechanical Code" shall be replaced with "Ohio Mechanical Code."
(c) All references in this code to "ICC Electrical Code" shall be replaced with "National Electric Code."
(d) All references in this code to "International Fire Code" shall be replaced with Ohio Fire Code."
(e) All references in this code to "International Zoning Code" shall be replaced with Canton Zoning Code."
(f) Section 101.1, Title, is amended to read: These regulations shall be known as the Property Maintenance Code of the City of Canton, Ohio, hereinafter referred to as "this code."
(g) Section 103.1, General, is amended to read: The City of Canton Code Enforcement Department is charged with the enforcement of this code. The Chief Building Official is the executive official in charge of the department.
(h) All references in this code to the "code official" shall be replaced with "Chief Building Official."
(i) Section 103.3, Deputies, is amended to read: In accordance with state law, the prescribed procedures of the City of Canton and with concurrence of Canton City Council, the Chief Building Official shall have the authority to appoint the Code Supervisor and Code Enforcement Officers and other employees.
(Ord. 9-2011. Passed 1-10-11.)
(j) Section 103.5, Fees, is amended to read: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule:
All non-owner occupied or vacant residential properties shall be registered yearly on or before March 1. The following fees are required to be paid:
1, 2, 3 family structures regulated by the Residential Code of Ohio | $80.00 per unit |
4-unit and above structures regulated by the Ohio Building Code | $80.00 per unit |
Failure to register any non-owner occupied residential property by March 1, or within 30 days of obtaining ownership to a non-owner occupied residential property, will result in a fine in an amount that is double the registration fee per unit plus the registration fee per unit.
Properties owned by SMHA shall be exempt from this annual registration process.
(Ord. 181-2015. Passed 9-21-15.)
(k) Section 104.3, Inspections, is amended to read:
The Chief Building Official (or designee) shall make all of the required inspections, 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 individual. The Chief Building Official (or designee) is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(a) Interior inspections shall be conducted upon the following occurrences:
(1) The first notice of failure from an exterior inspection that results in the property owner being fined.
(2) Interior inspections shall be performed when a written complaint is registered with the Chief Building Official (or designee) or there is probable cause to believe that a serious hazard exists. The interior inspection shall be limited to the unit for which the complaint was filed.
(3) New registration of non-owner occupied property.
(4) Any property that fails an inspection that results in the property owner being fined shall comply with all orders issued by the Chief Building Official (or designee) subject to this code. The property shall be subject to another inspection within 12 months.
(5) A vacant residential structure longer than one year will be required to have an interior inspection.
(6) The first notice of failure to comply from an inspection that results in a penalty.
(b) All interior inspection fees shall be one hundred dollars ($100.00). The interior inspection fee shall be in addition to the annual registration fees and any fines that may be assessed against a property owner for non-compliance. The interior inspection fee shall be waived if violations have been resolved.
(c) Properties owned by SMHA shall be subject to interior inspections pursuant to paragraph (a)(2).
(d) If a new complaint is received within 120 days of a prior interior inspection, and the new complaint does not involve a serious hazard, a new interior inspection may be waived. The Chief Building Official (or designee) may use the results of the previous interior inspection to respond to the new complaint.
(e) Appeals of any adverse actions under this section shall be brought pursuant to Canton Codified Ordinances Chapter 1305, Board of Building Appeals.
(l) Section 106.4,Violation penalties, is amended to read: Any person failing to comply with a notice of violation or order served in accordance with Section 107 of this code shall be deemed guilty of a misdemeanor or civil infraction as follows:
(1) If a notice or order is not complied with, a one hundred dollar ($100.00) fine will be assessed.
(2) If a second notice or order for the same violation within a one (1) year period is not complied with, a two hundred fifty dollar ($250.00) fine will be assessed.
(3) If a third notice or order for the same violation within a one (1) year period is not complied with, a five hundred dollar ($500.00) fine will be assessed.
(4) The time restraints may be tolled by the Chief Building Official (or designee) due to inclement weather or type of violation.
(5) If a notice or order is not complied with, the violator will be charged with a first degree misdemeanor.
(6) Fines assessed pursuant to subparagraphs (l)(1), (2) and (3) above, may be appealed to the Board of Building Appeals upon the payment of a one hundred dollar ($100.00) deposit for each building requested for appeal to the Canton Building Department. Checks shall be made payable to the City of Canton. The appeal must be filed within twenty (20) calendar days. The deposit shall be refunded if the appeal is successful for that building or structure.
(7) Any appeal received after 20 days from post date of violation will not be accepted. (Ord. 132-2012. Passed 8-27-12.)
(8) The Building Department shall serve a notice, order, or other documentation required by the International Property Maintenance Code on the owner of the property as determined by the Stark County Auditor. The Building Department shall complete service through (1) personal delivery, (2) certified or registered mail addressed to the owner at the last known address with the return receipt requested, or (3) regular U.S. Mail and posting in a conspicuous location on or near the structure.
(Ord. 128-2024. Passed 7-15-24.)
The violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Chief Building Official in conjunction with the Law Director shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. 132-2012. Passed 8-27-12.)
(m) Section 106.5, Abatement of violation, is amended to read: The imposition of the penalties prescribed herein shall not preclude the Law Director from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(n) Section 107.5, Transfer of ownership, is amended to read: Transfer of ownership does not relieve the subsequent owner of the duty to comply with the notice of violation or order. The notice of violation or order remains with the premises.
(o) Section 111, Means of Appeal, is deleted. See Canton Codified Ordinances Chapter 1305, Board of Building Appeals, for appeals procedures.
(Ord. 9-2011. Passed 1-10-11.)
(p) Section 202, General Definitions, is amended to read as follows:
(1) "Non-Owner occupied" means premises which is occupied by those other than the legal owner.
(2) "Supply" or "supplied" means paid for, furnished or provided by, or under the control of the owner or operator.
(3) "Unsafe building" or "public nuisance" as used in this code shall mean and include the following:
A. Any building, house, shed, fence, or other man-made structure or parts thereof which by reason of its condition endangers human health, life or limb or is likely to cause the spread of disease or otherwise cause injury to the health of persons, or to surrounding neighborhood structures.
B. Any building, house, shed, fence, or other man-made structure or parts thereof which by reason of faulty construction, age, lack of proper repair or other cause, is especially liable to occurrence of fire and constitutes or creates a fire hazard.
C. Any building, house, shed, fence, or other man-made structure or parts thereof which by reason of faulty construction, age, lack of proper repair or any other cause, is especially liable to cause injury or damage to person or property by collapse or by the danger of collapse of any part of the structure.
D. Any building, house, shed, fence or other man-made structure or parts thereof which because of its condition or lack of doors or windows is unsecured, open and available to and frequented by malefactors or disorderly persons or juveniles who are not lawful occupants of such structure.
E. Any building, house, shed, fence, other man-made structure or surrounding area to any of the foregoing structures which by reason of continued vacancy and/or lack of reasonable and adequate maintenance causes a deteriorating and blighting influence on nearby properties and causes depreciation in the use, enjoyment, and value of properties in the immediately surrounding area to such an extent that it is harmful to the community in which such structure is situated.
Any structure in the City falling within the meaning of any of the foregoing definitions of "unsafe building" is hereby declared to be illegal and to constitute a public nuisance which shall be subject to mandatory abatement by repair or demolition in accordance with the provisions of this code. (Ord. 132-2012. Passed 8-27-12.)
(q) Section 302.2, Grading and drainage, is amended to read: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Surface water shall be directed toward the storm sewer, or other designated location by the Engineering Department, however, in no case shall water from one private property discharge their surface water to another private property so as to cause a public or private nuisance. See Section 304.7 of this code.
(r) Section 302.3, Sidewalks and driveways, is amended to read: 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. See Canton Codified Ordinances Section 919.03, Hazardous Sidewalk or Curb, for the definition of hazardous sidewalk.
(s) Section 302.4, Weeds, is amended to read: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 8 inches. See Canton Codified Ordinances Chapter 551, Weeds and Litter, for definitions and procedural enforcement options.
(t) Add the following section: 302.10 Trees. Any tree designated by a Certified Arborist as being in a condition that is in imminent danger of causing damage to a right of way or harm to persons using a right of way shall be made safe or removed by the owner of the property. Any tree in the right of way between private property and the street shall also be considered the owner's responsibility to be maintained or removed as provided herein. See Canton Codified Ordinances Chapter 917, Trees, for other duties and procedural enforcement options.
(u) Sections 304.14, Insect screens; 304.17, Guards for basement windows; 304.18.1, Doors; 304.18.2, Windows; and 304.18.3, Basement hatchways, are deleted.
(v) Sections 307.2.1, Rubbish storage facilities, and 307.3.1, Garbage facilities, are deleted. Renumber Section 307.2.2, Refrigerators, as Section 307.2.1.
(w) Section 402.1, Habitable spaces, is deleted.
(x) Sections 403.1, Habitable spaces; 403.2, Bathrooms and toilet rooms; and 403.3, Cooking facilities, are deleted.
(y) Section 404, Occupancy Limitations, and all subsections are deleted.
(z) Sections 602.3, Heat supply; 602.4, Occupiable work spaces; 602.5, Room temperature measurement, are deleted.
(Ord. 9-2011. Passed 1-10-11.)