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(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.)
(a) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(b) Protective Treatment. All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(c) Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(d) Structural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(e) Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(f) Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration.
(g) Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downpours shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(h) Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(i) Overhang Extensions. All overhang extensions, including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, sandpipers and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(j) Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(k) Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(l) Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(m) Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and watertight.
(1) Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) Operable windows. Every window, other than a fixed window, shall be easily Operable and capable of being held in position by window hardware.
(n) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with division (q)(1) of this section.
(o) Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(p) Guards for Basement Windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(q) Building Security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(1) Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than one inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort.
(2) Windows. Operable windows located in whole or in part within six feet (1828 mm) above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices.
(3) Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. (Ord. 31- 07. Passed 10-23-07.)
(a) General. The interior of all buildings, dwellings and structures, and equipment therein, shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a multi-use structure, including, but not limited to a rooming house, boarding house, hotel, dormitory, two or more dwelling units, or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition.
(b) Structural Members. All structural members shall be maintained in a sound condition, free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(c) Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
(d) Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(e) Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(f) Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by means of proper and secure attachment to jambs, headers or tracks, as intended by the manufacturer of the attachment hardware.
(Ord. 31-07. Passed 10-23-07.)
(a) General. Every exterior flight of stairs having more than four risers shall have a handrail on one side of the stair, and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
(b) Exception. Guards shall not be required where exempted by the adopted building code.
(Ord. 31-07. Passed 10-23-07.)
(a) Accumulation of Garbage, Junk, Litter and Rubbish. All exterior property and premises, and the interior of every building, dwelling and structure, shall be kept free from any accumulation of rubbish or garbage.
(b) Disposal of Garbage, Junk, Litter and Rubbish. Every owner of a building, dwelling or structure shall dispose of all garbage, junk, litter and rubbish in a clean and sanitary manner by placing such materials in approved containers, and shall require all occupants of said building, dwelling or structure to do the same. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
(1) Rubbish storage facilities. The owner of every occupied building, dwelling, structure or premises shall supply approved, covered containers for the disposal of garbage, junk, litter and rubbish, and the owner of the premises shall be responsible for the removal of the same.
(2) Refrigerators. Refrigerator and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
(3) Garbage facilities. The owner of every dwelling shall supply at least one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak-proof, tightly-covered, outside garbage container.
(4) Containers. The owner of every business establishment shall provide, and at all times shall cause the business operator to utilize, approved, leak-proof containers provided with close-fitting covers for the storage of waste materials resulting from said business until removed from the premises for disposal.
(Ord. 31-07. Passed 10-23-07.)
(a) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.
(b) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
(c) Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
(d) Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
(e) Occupant. The occupant of any structure shall be responsible for the continued rodent-free and pest-free condition of the structure.
(f) Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
(Ord. 31- 07. Passed 10-23-07.)
CODIFIED ORDINANCES OF CARLISLE