(a) Purpose: The condition of all premises and the exterior of all buildings and structures thereon shall be maintained at a level in keeping with the standards of the Village. The purpose of this section shall be the elimination and prevention of blighting effects and hazards to health , safety, and welfare.
(b) Definitions: For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where terms are not defined in the provisions of this section, they shall have ascribed to them their meanings as set forth in the Zoning Regulation of this Village. Where questions arise as to the meaning of terms not specifically defined, the Zoning Administrator shall determine the implied meaning.
(1) Accessory structure: A structure, whether temporary or permanent, the usage of which is incidental and secondary to that of a principal building and which is located on the same premises.
(2) Deterioration: Refers to the diminution of quality, character, or value of a structure because of lack of maintenance. Such deterioration, if left unchanged, may result in dilapidation. Deterioration may include inadequate paint protection, faulty roof, missing gutters or downspouts, lack of screening, loose doors and windows, access to vermin, blockage of drains, inadequate structural support systems, etc.
(3) Dilapidation: Refers to structures evidencing a state of ruin, decay, or disrepair. The severity of dilapidation shall be judged by examining major structural components, such as foundations, walls, siding, roofing, plumbing, guttering, etc. The term implies a hazard to health or safety.
(4) Lot: Includes the words “zoning lot,” Piece,” “parcel”, and “plot.”
(5) Owner: The owner of record of the premises as determined by examination of the public records of the Auditor’s Office of Greene County, OH, or the duly recognized agents of the County.
(6) Premises: A lot, plot, or parcel of land, including all buildings or structures thereon, and including the area known as the driveway, tree lawn, landscape, situated to the front, side, or rear of any building. If no buildings are involved, it designates the land area owned by a particular individual and the properties contiguous to it.
(7) Refuse and Waste: Unused or discarded matter and material having no substantial market value, which includes, among other things, rubbish, refuse, debris, and similar matter. Such material may include, but is not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery (or parts thereof), scrap metal, furniture, inoperative motor vehicles, vehicle parts, trimmings from plants or trees, cans, bottles, and barrels.
(8) Structure: An assembly of materials forming a construction or occupancy. Structures may include, but are not limited to, buildings, stadiums, tents, platforms, sheds, pools, water tanks, bins, shelters, fences, signs, etc.
(c) Interpretation.
(1) Minimum requirements: The provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare. In the event that the provisions of this chapter involve several individuals, the responsibility for remediation shall rest equally upon all parties involved, i.e., landlord, tenant, owner, manager, etc.
(2) More restrictive: In the event that the requirements of another level of jurisdiction conflict, i.e., State Codes, or County Codes, with Village Regulations, the more stringent requirement shall be enforced.
(3) Agreements: This section is not intended to repeal or interfere with any agreements that may exist by way of rights of way, easements, covenants, etc. In such cases, the more restrictive requirement shall be enforce.
(4) Municipal exemption: The provisions of this section shall not be deemed to apply to municipal operations, personnel, or contractors acting in the performance of functions for the Village. (Ord. 2013-04. Passed 6-10-13.)
(d) Nuisances. The following conditions, acts and items are declared to be nuisances:
(1) Fire hazards: Dry or dead shrubs, dead trees, combustible refuse and waste, or any material upon either public or private property which by reason of size, location, or manner of growth constitutes a fire hazard to a building, improvement, crop, or other property; or which, when dry will provide reasonable probability of burning, shall be considered a fire hazard.
(2) Hazardous obstructions: Landscaping or obstacles installed in the front yard, or setback area of a yard which cause a vision obstruction creating a danger to a person involved in the reasonable operation of a vehicle or on foot.
(3) Polluted water: Any body of water which is abandoned or unattended in such a way that it becomes stagnant or unusable by the allowance of bacterial growth, algae, remains of organic substance, rubbish, debris, or any other material which by its nature would constitute an unhealthy, unsafe, or unsightly condition.
(4) Open burning: The intentional, unauthorized , outdoor burning of any material, structure, matter, or thing in any manner other than a container manufactured for burning under very controlled conditions. See ORC Chapter 1551, as well.
(5) Refuse and waste: Refuse and waste matter which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially interfere with the prevention or suppression of fire upon the premises.
(6) Improper motor vehicle storage: See ORC 521.13 Junk Vehicles.
(7) Inadequate property maintenance: It is hereby declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in this Municipality to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
A. Buildings which are abandoned, dilapidated, improperly secured, partially destroyed , or left in a state of partial construction.
B. Unpainted buildings, resulting in dry rot, warping, or termite infestation.
C. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.
D. Noxious weeds or other vegetation including grasses which are 8 inches or more in height, or any weed or vegetation growth causing a hazardous condition to pedestrian or vehicular traffic or which is likely to harbor vermin, rats, or other pests.( ORC Chap. 557).
E. Dead trees or litter, including garbage, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, part of automobiles, furniture, glass, oil, or anything else of unsanitary or unsightly nature.
F. Attractive nuisances, dangerous to children and other persons, in the form of abandoned equipment, hazardous pools, ponds, and excavations, and neglected machinery.
G. Broken or discarded furniture and household equipment in visible yard areas.
H. Clotheslines in front yards.
I. Property, such as building exteriors, which is maintained in such condition as to become so defective, unsightly, or in such condition as to cause the diminution of property values in the surrounding area. This includes collection of discarded or unused objects in such a manner as to create unsightly appearance by reason of condition or inappropriate location.
(8) Construction and repair materials: Materials used to construct or maintain structures must be of a similar material to the remaining portions of the structure so as to not create a “patchwork” appearance to the structure.
(Ord. 2013-04. Passed 6-10-13.)
(e) Structural Defects and Maintenance after Property Damage. Any structure which has been damaged by fire or natural events must be repaired or removed. This would include any building becoming in disrepair or dilapidated to the point of being unfit for occupation.
(1) Within a period of 60 days after damage to any real estate exceeding $1000, the owner or person having possession or control of the property, shall have taken the following steps:
A. Contracted for the demolition and removal of any parts of the property not to be restored or repaired, including removal of debris.
B. Contracted for the repair or restoration of the damaged areas.
C. Secured any damaged property that might become an attractive nuisance.
(2) In addition to other remedies provided by law, failure to comply with the provision of this section may result in the Village taking action to remove, repair, or secure the structures at the expenses of the owners of the property.
(f) Ohio Revised Code. Building and property management also falls under ORC Chapter 13 and is regulated thereby. Penalties and level of offenses are found in ORC Chapter 5. Ohio Fire Code is in Chapter 15 of the ORC.