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(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.)
GENERAL REQUIREMENTS
(a) Scope. The provisions of this subchapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, premises and exterior property.
(b) Responsibility. The owner of the premises shall maintain the structures, premises and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy 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 chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
(c) Vacant Structures and Land. All vacant structures and premises thereof 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 or safety.
(Ord. 31-07. Passed 10-23-07.)
(a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(b) Grading and Drainage.
(1) 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.
(2) Exception: approved retention areas and reservoirs.
(c) 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.
(d) Weeds and Grass. 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.
(1) Removal of offensive weeds vines and grass by owner. The owner of any lot or parcel of land situated within the Municipality, whether the same is improved or unimproved, vacant or occupied, within five days of receipt of notice to do so, shall cut any offensive weeds, vines or grass on such lot or parcel or upon any street, public right-of-way or tree lawn abutting such lot or parcel. Notice may be served in person or certified mail or first class mail or by posting upon the premises. Only one notice per calendar year is required per lot, parcel or premises under this section. If, after a notice has been served in accordance with this section, the Code Official determines that a subsequent violation has occurred, the Municipality may proceed with the remedy set forth in subsection (2) hereof. The Manager may exempt lots or parcels of land of five acres or more in size either in whole or in part from the requirements of this section.
(2) Removal of offensive weeds, vines and grass by Municipality. If the owner does not comply with the provisions of division (d)(1) of this section, the Manager is authorized to enforce the provisions of this section and to cause to be cut and removed all offensive weeds, vines and grass.
(3) Annual notice. The Manager shall cause an annual notice to be published, in March of each year, in a newspaper of general circulation in the County notifying Municipal residents of the requirements of this section.
(4) Prima-facie violation. If weeds or grass of a height eight inches or more exist on any lot, parcel or premises within the Municipality between April 1 and November 1.
(5) Assessment of costs by Municipality. Whenever any offensive weeds, vines and grass are cut and removed by the Municipality pursuant to division (d)(2) of this section, the Municipality shall give five days notice, by regular mail, to the owner of the lot or parcel, at his or her last known address, to pay the cost of such cutting or removal, including the cost to serve notice, shall be charged to the owner, together with an administrative fee of two hundred dollars ($200.00). Said notice shall be accompanied by a statement of the amount of cost, including the Municipality's administrative cost. If the same is not paid within ten days after the mailing of the notice, such amount shall be certified to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the Municipality in accordance with Ohio R.C. 731.54 to the credit of the General Fund. The remedy provided for herein shall be in addition to other penalties.
(e) Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
(f) 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 or adjacent public or private property or that of another tenant.
(g) Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(h) Motor Vehicles, Recreational Vehicles, and Boats.
(1) No abandoned, discarded, wrecked, burned, dismantled, inoperable, unlicensed junked or partially dismantled motor vehicle, recreational vehicle or boat or part thereof, on private or public property, shall be kept or stored on any premises, and may be abated as such in accordance with Section 404.05 of the Traffic Code. No person shall keep or place any such vehicle or vehicle part:
A. Upon public streets or property except on an emergency basis; or
B. Upon private property of any person owning, in charge of or in control of any real property within the Municipality, whether as an owner, tenant, occupant, lessee or otherwise, for longer than 14 days, unless such vehicle is within a carport or fully enclosed building or structure. A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this division.
(2) In no event shall a vehicle, which by definition is an inoperable vehicle, and as such constitutes an imminent health, safety, fire or traffic hazard, be kept or located on any premises. One inoperable vehicle may be kept on a private driveway or kept shielded from public view in a residentially zoned district. However, if the inoperable vehicle is in a state of visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days. Filling stations, automobile repair shops or other motor vehicle-related businesses, in compliance with applicable Municipal ordinances, which businesses may place inoperable vehicles being repaired or offered for sale on the premises, so long as:
A. The inoperable vehicle being repaired can be reasonably matched to vehicle parts used in the repair process, and the process has a reasonable end time, and claim of being under repair is not a subterfuge for having junk vehicles or miscellaneous repair parts exposed to the public, thus presenting a public nuisance.
B. The inoperable vehicle being offered for sale is properly titled in the State of Ohio and is being offered for a sale at a fair market value as a vehicle, and not as a subterfuge, so that the vehicle can be used for a non-designed use, such as, but not limited to, a structure for storing items, a structure for displaying a sign or banner, or a structure for use as a housing or a business office.
C. Junkyards operated and maintained in compliance with applicable Municipal ordinances.
(3) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense; for a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense such person is guilty of a misdemeanor of the third degree.
(4) Exception. A vehicle of any type is permitted to undergo major overhaul, including body work. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Such vehicle shall not be kept on a driveway longer than 14 days.
(i) Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building 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.
(j) Obsolete Signs. All obsolete signs shall be removed.
(k) Screening or Removal of Outdoor Storage. In the Business Zoning District, all storage of materials, goods or products shall be within enclosed buildings or shall be effectively screened from view in a manner subject to the approval of the Planning Commission of the Municipality. Off-street parking of operative vehicles shall be an exception to this requirement. In Residence Zoning Districts, all outdoor storage for a period exceeding 15 continuous days (with any part of such a day being counted as an entire day) shall be enclosed or effectively screened from view in a manner subject to the approval of the Planning Commission. The storage of such functional items as children's play structures, firewood and operable automobiles and vehicles shall be exempt from this requirement. If the principal building on any premises has become vacant, portable objects shall not be stored outside on the lot, but instead shall be placed within an enclosed structure.
(l) Diseased and Dead Trees. Diseased trees are those with any form of decay or vegetation sickness that can be transmitted to other trees and those infected with insects to such an extent as to create a nuisance adversely affecting nearby persons or property. Such trees shall be removed immediately or shall be treated or sprayed to eliminate, at once, the risk of the decay or vegetation sickness being transmitted to other trees, and to remove the insect nuisance situation. The Code Official shall determine if a dead tree constitutes a safety hazard because of its proximity to the right-of-way, any building or structure, or persons who use nearby premises. If the Code Official decides that a tree constitutes such a safety hazard, it shall be removed at the expense of the owner or operator responsible for maintenance of the premises on which it is located.
(m) Casualty Damage Repair.
(1) Within 30 days after casualty damage to any structure or exterior property, the owner shall have taken the following steps:
A. Contracted for repair and restoration of damaged areas and removal of debris; and/or
B. Contracted for the demolition (as regulated by the Building Code of this Municipality) and removal of any portions of the premises not to be repaired and restored, and also for removal of debris in connection therewith; and
C. Arranged for the contract work to be completed within 60 days from the contract date, accepting delay caused by weather, strikes, acts of God or other matters beyond the reasonable control of the owner and contractor.
(2) The Code Official may extend these time periods to the extent he or she deems appropriate, but shall not be required to do so. Time is of the essence in repairing damage quickly so as to avoid detrimental impact upon persons and property.
(Ord. 31-07. Passed 10-23-07; Ord. 34-09. Passed 12-8-09.)
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