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(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.)
(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.)
(a) General. The Code Official shall order the owner of any premises upon which is located any structure, which 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 such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
(c) Failure to Comply. If the owner of a 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 real estate upon which the structure is located and shall be a lien upon such real estate.
(d) Salvage Materials. When any structure has been ordered demolished and removed, the Municipality 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. 31-07. Passed 10-23-07.)
(a) Application for Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Zoning Appeals, provided that a written application for appeal is filed with the Clerk of Council within five business days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
(b) Board of Zoning Appeals.
(1) Establishment. The Board of Zoning Appeals (BZA) shall have all powers as are conferred by Carlisle Council to execute the purpose declared in this code. The Board membership and conduction of meetings shall be in compliance with Section 1244.07
(2) Conflict of interest. No member of the BZA shall vote or participate in the discussion of any question before the BZA in which he or she has a personal or pecuniary interest.
(3) Additional rules of procedures. The BZA shall adopt additional rules of procedures, as it deems necessary to conduct business and review of this code.
(4) Review of suspected violations of environment requirements. The BZA may, at the request of the Code Official, review any suspected vioaltions of this code referred to it by said Code Official and submit a written recommendation to the Code Official
(5) Additional powers. The BZA shall have all additional powers granted by the Council to conduct business and review of this Code.
(c) Review of Appeal.
(1) Hearings. Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the BZA, provided that such person shall file in the Clerk of Council an appeal on forms provided by the municipality. The appeal shall be filed within five days after the day the decision, notice or order was served. Upon receipt of such a petition, the BZA shall set a time and place for a hearing before the BZA and shall give the petitioner written notice thereof by first class mail, postmarked at least five days prior to such hearing. The hearing shall be held no less than ten days and no more than thirty days from the date the petition was filed and deemed by the Code Official to be complete. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his or her representative to appear and state his or her case at such hearing shall have the same effect as if no petition were filed.
(d) Findings. Prior to sustaining any violation notice and compliance order, the BZA shall make the following findings:
(1) The violator was served with a notice of violation as provided for in Section 1466.07.
(2) The notice of violation that was served stated the specific nature of the violation, corrective action needed to be taken to abate the violation and a specific time period for abatement of the violation.
(3) Within the time stipulated in the notice of violation, the violator failed to comply with the notice of violation by not abating the violation and/or by not bringing the use into compliance with this code.
(4) Upon expiration of the date indicated for compliance in the notice of violation, the property was being maintained in violation of specific provisions of this code and/or conditions imposed by the Appeals Board as a prerequisite to the modification of a previous compliance order.
(e) Authority of Appeals Board. Within thirty days of the public hearing, the BZA shall render a decision sustaining, modifying or withdrawing any item appearing on the notice and order. The petitioner shall be notified in writing of such action.
(Ord. 31-07. Passed 10-23-07; Ord. 21-21. Passed 9-14-21.)
DEFINITIONS
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
(a) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
(b) Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
(c) Terms Not Defined. Where terms are not defined through the methods authorized by this subchapter, such terms shall have ordinarily accepted meanings such as the context implies.
(d) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(Ord. 31-07. Passed 10-23-07.)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Approved.” Approved by the Code Official.
(b) “Basement.” That portion of a building which is partly or completely below grade.
(c) “Bathroom.” A room containing plumbing fixtures, including a bathtub or shower.
(d) “Bedroom.” Any room or space used or intended to be used for sleeping purposes.
(e) “Code Official.” The Manager or his or her designee is charged with the administration and enforcement of this code.
(f) “Condemn.” To adjudge unfit for occupancy or use.
(g) “Dwelling unit.” A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(h) “Easement.” That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
(i) “Exterior property.” The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(j) “Extermination.” The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
(k) “Garbage.” The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(l) “Guard.” A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
(m) “Habitable space.” Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
(n) “Housekeeping unit.” A room or group of rooms forming a single habitable space, equipped and intended to be used for living, sleeping, cooking and eating, which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
(o) “Imminent danger.” A condition which could cause serious or life-threatening injury or death at any time.
(p) “Infestation.” The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
(q) “Inoperable motor vehicle.” A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
(r) “Junk.” Scrapped materials such as glass, rags, paper, metal, or other scrap or waste material of whatsoever kind or nature, that is collected or accumulated for resale, salvage, disposal or storage; scrapped or worn-out vehicle parts, appliances, equipment or parts thereof, whether serviceable or not; or anything worn-out or fit to be discarded. (See also "Garbage," "Litter" and "Rubbish" as defined in this section).
(s) “Labeled.” Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
(t) “Let for occupancy” or “Let.” To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof; pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
(u) “Litter.” Includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature. (See also "Garbage," "Junk" and "Rubbish" as defined in this chapter).
(v) “Motor vehicle.” Any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include motorized bicycles, equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at the speed of 25 m.p.h. or less, threshing machinery, hay-baling machinery, corn shelter, hammermill and agricultural tractors, machinery used in the production of horticultural, agricultural, and vegetable products, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of 25 m.p.h. or less.
(w) “Motor vehicle, abandoned.”
(1) A vehicle shall be presumed abandoned under any of the following circumstances:
A. The vehicle is physically inoperable and/or is missing parts so that it could not be legally driven upon any public highway or street, and/or it is not maintained for driving.
B. The vehicle does not bear a valid registration plate.
(2) An operable vehicle shall start and move under its own power upon request by the Code Official. A vehicle setting on a bona fide sales lot that is open for business during normal operating hours shall not be required to bear valid registration. An “abandoned motor vehicle” may be permitted to be stored within a completely enclosed building. A tent, tarpaulin, or vehicle cover shall not be considered a completely enclosed building.
(x) “Noxious weeds.” Shall be as defined by Ohio Administrative Code Section 901:5-37.
(y) “Nuisance.” Any offensive, annoying, unpleasant, or obnoxious activity or emission which results in such condition(s), that endangers life, health, gives offense to the senses, violates the laws of decency, or unreasonably obstructs, annoys or disturbs the reasonable and comfortable use by another of his or her property, and includes, but is not limited to, the following:
(1) A physical condition, or use of any premises regarded as public nuisance at common law;
(2) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk vehicles, abandoned wells, shaft, basements, excavations, abandoned refrigerators and unsafe fences or structures;
(3) Any premises which have unsanitary sewerage or plumbing facilities;
(4) Any premises designated as unsafe for human habitation or use;
(5) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property;
(6) Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
(7) Any premises which are unsanitary, or which are littered with rubbish or garbage; or
(8) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.
(z) “Occupancy.” The purpose for which a building or portion thereof is utilized or occupied.
(aa) “Occupant.” Any individual living or sleeping in a building, or having possession of a space within a building.
(bb) “Operable area.” That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(cc) “Operator.” Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(dd) “Owner.” Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or Municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(ee) “Person.” An individual, corporation, partnership or any other group acting as a unit.
(ff) “Premises.” A lot, plot or parcel of land, easement or public way, including any structures thereon.
(gg) “Public way.” Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(hh) “Rooming house.” A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
(ii) “Rooming unit.” Any room or group of rooms forming a single habitable unit, occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
(jj) “Rubbish.” Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
(kk) “Strict liability offense.” An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(ll) “Structure.” That which is built or constructed or a portion thereof.
(mm) “Tenant.” A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(nn) “Toilet room.” A room containing a water closet or urinal but not a bathtub or shower.
(oo) “Toxic or noxious substance.” Any solid, liquid, or gaseous matter including, but not limited to, gases, vapors, dusts, fumes and mists containing properties that by chemical means are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property.
(pp) “Used building materials.” Any materials including, but not limited to, wood, stone, brick, cement blocks or any composition or combination thereof, used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
(qq) “Vacant.” Lands or buildings that are not actively used for any purpose.
(rr) “Ventilation.” The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(ss) “Water closet.” A water-flushed plumbing fixture designed to receive human waste directly from the user of the fixture.
(tt) “Workmanlike.” Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(uu) “Yard.” An open space on the same lot with a structure.
(Ord. 31-07. Passed 10-23-07.)
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