1466.02 APPLICABILITY.

   (a)   General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in 1466.01. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

   (b)   Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.

   (c)   Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of Ohio Building Code, Ohio Revised Code, Residential Code of Ohio, and the National Electric Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Zoning Code of the Municipality of Carlisle.

   (d)   Existing Remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.

   (e)   Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

   (f)   Historic Buildings. The provisions of this code may not be mandatory for existing buildings or structures that have been designated by the State of Ohio and/or the Municipality as historic buildings, if the Code Official or the Property Maintenance Review Board determines that the burden imposed upon the owner of the building or structure by the enforcement of these provisions would unduly outweigh the Municipality's interest in the health, safety or welfare of the public.

   (g)   Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 of the International Property Maintenance Code and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

   (h)   Requirements not Covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Code Official.

(Ord. 31-07. Passed 10-23-07.)

1466.03 CODE ENFORCEMENT DEPARTMENT.

   (a)   General. The Department of Code Enforcement is hereby created and the executive official in charge thereof shall be known as the Code Official.

   (b)   Appointment. The Code Official shall be appointed by the Manager and shall serve at the will of the Manager.

   (c)   Deputies. In accordance with the prescribed procedures of the Municipality's personnel policies, and with the concurrence and approval of the Manager, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical officers, inspectors and other employees.

   (d)   Liability. Neither the Code Official, nor any other officer or employee charged with the enforcement of this code, while acting under the authority of this code and on behalf of the Municipality, 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.

   (e)   Restriction of Employees. An official or employee connected with the enforcement of this code 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.

(Ord. 31-07. Passed 10-23-07.)

1466.04 DUTIES AND POWERS OF THE CODE OFFICIAL.

   (a)   General. The Code Official shall enforce the provisions of this code.

   (b)   Rule-making Authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.

   (c)   Inspections. The Code Official 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 officer of such approved agency or by the responsible individual. The Code Official 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.

   (d)   Right of Entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.

   (e)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

   (f)   Notices and Orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this code.

   (g)   Department Records. The Code Official shall keep official records of all business and activities of the Department specified in the provisions of this code in accordance with the record retention policy of the Municipality.

   (h)   Coordination of Inspections. Whenever, in the enforcement of this code, the Code Official finds that any other official of the Municipality is engaged in the process of enforcing another Municipal 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 Municipality observes an apparent or actual violation of any provision of this code, the inspector shall report his or her findings to the Code Official.

(Ord. 31-07. Passed 10-23-07.)

1466.05 APPROVAL.

   (a)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the Department files.

   (b)   Alternative Materials, Methods and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

   (c)   Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

      (1)   Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall be permitted to approve appropriate testing procedures performed by an approved agency.

      (2)   Test reports. Reports of tests shall be retained by the Code Official for the period required for retention of public records.

   (d)   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, placed in good and proper working condition and approved.

(Ord. 31-07. Passed 10-23-07.)

1466.06 VIOLATIONS.

   (a)   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 code. It shall be unlawful for any person to violate any provision of this code.

   (b)   Notice of Violation. The Code Official shall serve a notice of violation order in accordance with Section 1466.07.

   (c)   Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 1466.07 shall be deemed guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official 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 certified to the County Auditor for collection the same as other taxes and assessments are collected.

   (d)   Violation Penalties. Whoever violates this code is guilty of a misdemeanor of the fourth degree and shall not be fined more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days or both, and the violation shall be deemed a strict liability offense. An offense shall be committed each day during or on which a violation occurs and continues.

   (e)   Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction 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.

   (f)   Informal Resolution of Violation. The Code Official may, at his or her discretion, attempt to informally resolve violations or suspected violations of this code without issuing the notices and orders in the manner prescribed in the manner prescribed below. The Code Official shall be encouraged to utilize this procedure to the extent practical to achieve compliance with the code. (Ord. 31-07. Passed 10-23-07.)

1466.07 NOTICES AND ORDERS.

   (a)   Notice to Person Responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in divisions (b) and (c) of this section to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 1466.08(c).

   (b)   Form. Such notice prescribed in division (a) of this section shall be in accordance with all the following:

      (1)   Be in writing;

      (2)   Include a description of the real estate sufficient for identification;

      (3)   Include a statement of the violation or violations and why the notice is being issued;

      (4)   Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;

      (5)   Inform the property owner of the right to appeal to the Property Maintenance Review Board. If the property owner desires such an appeal, a notice of appeal must be filed with the Clerk of Council within five days of receipt of notice prescribed in division (a) of this section;

      (6)   When applicable, include a statement of right to file a lien in accordance with Section 1466.06(c).

   (c)   Method of Service. Such notice shall be deemed to be properly served if a copy therefor is:

      (1)   Delivered personally;

      (2)   Sent by certified or first class mail addressed to last known address;

      (3)   A copy therefor shall be posted in a conspicuous place in or about the structure affected by such notice; or

      (4)   Publication of the notice in a newspaper of general circulation in the Municipality.

   (d)   Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 1466.06(d).

   (e)   Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a notice and order or upon whom a notice and order has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the notice and order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice and order issued by the Code Official, and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice and order and fully accepting the responsibility without condition for making the corrections or repairs required by such notice and order.
(Ord. 31-07. Passed 10-23-07.)

1466.08 UNSAFE STRUCTURES AND EQUIPMENT.

   (a)   General. When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

      (1)   Unsafe structures. An unsafe building, dwelling, structure, premises or equipment is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

      (2)   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 or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

      (3)   Structure unfit for human occupancy. A building, dwelling, structure or premises is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

      (4)   Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

   (b)   Closing of Vacant Structures. If a building, dwelling or structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation 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 any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

   (c)   Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1466.07(c). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 1466.07(b).

   (d)   (1)   Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

      (2)   Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this code.

   (e)   Prohibited Occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Code Official. Any person who occupies a placarded premises 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 one hundred fifty dollars ($150.00) 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 Director of Law from instituting any other appropriate action, whether in law or in equity.

(Ord. 31-07. Passed 10-23-07.)

1466.09 EMERGENCY MEASURES.

   (a)   Imminent Danger. Imminent danger exists when, in the opinion of the Code Official: there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to those in the proximity of any structure or premises. Potentially dangerous conditions include explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, open pits, wells, shafts, or other dangerous excavations unprotected or inadequately protected. The Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted a notice reading as follows: "This Structure/Premises Is Unsafe and its Occupancy/Use Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter upon this property except for the purpose of securing the property, making the required repairs, removing the hazardous condition or of demolishing the same.

   (b)   Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the boarding up of openings and/or the fencing of premises, to render such structure or premises temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.

   (c)   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.

   (d)   Emergency Repairs. 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.

   (e)   Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

   (f)   Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Property Maintenance Review Board, be afforded a hearing as described in this code.

(Ord. 31-07. Passed 10-23-07.)