(a) Purposes. The purpose of the City of Delphos Property Maintenance Codes "PMC" are to protect the safety, welfare, and public health in all existing structures and premises, both residential and nonresidential, by establishing minimum requirements and standards. Part Seventeen includes standards and codes for equipment and facilities sanitation, protection from the elements, public health and welfare, safety from fire and other hazards, maintenance; responsibility of owners, operators and occupants; regulate the occupancy of existing structures and premises; and to provide for administration, enforcement and penalties.
(b) Intent. This Code shall be construed so as to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with this Code shall be altered or repaired to provide a minimum level of health and safety as required herein.
(c) Referenced Standards. The standards referenced in this Code and listed in Chapter 1365 (Reference) shall be 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 provisions of referenced standards, the provisions of this Code shall apply.
(d) Existing Remedies. The provisions of 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 or unsanitary.
(e) Workmanship. All repairs, maintenance work, alterations and installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner.
(f) Application of Other Codes. Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions under Chapter 1365.
(g) Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall continue in full force and effect, and to this end the provisions of this Code are hereby declared to be severable.
(h) Saving Clause. This Code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be removed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
(i) Maintenance Required. All equipment, systems, devices and safeguards required by this Code or a previous statute or code for a structure or premises when erected or altered shall be maintained in good working order. 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.
(j) Approved Materials and Equipment. All materials, equipment and devices approved by the "Code Enforcement Department or Safety Service Director" shall be constructed and installed in accordance with such approval.
(k) Modifications. Where there are practical difficulties involved in carrying out structural or mechanical provisions of this Code, the "Code Enforcement Department or Safety Service Director" shall have the right to vary or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare are assured.
(l) Records. The application for modification and the final decision of the "Code Enforcement Department or Safety Service Director" shall be in writing and shall be officially recorded in the permanent records of the City.
(m) Alternative Materials and Equipment. The provisions of this Code are not intended to prevent the installation of any material or 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 when the "Code Enforcement Department or Safety Service Director" finds that the proposed design is satisfactory and complies with the intent 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.
(n) Research and Investigations. Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the "Code Enforcement Department or Safety Service Director" shall approve such alternative, subject to the requirements of this Code. The cost of all tests, reports and investigations required under this Code shall be paid by the applicant.
(o) Authority of Code Official Generally. The "Code Enforcement Department or Safety Service Director" shall enforce all of the provisions of this Code.
(p) Authority of Code Official Re: Notices and Orders. The "Code Enforcement Department or Safety Service Director" shall issue all necessary notices and orders to ensure compliance with this Code.
(q) Right of Entry. The "Code Enforcement Department or Safety Service Director" is authorized to enter a structure or premises at reasonable times to inspect the same. Prior to entering into a space not otherwise open to the general public, the "Code Enforcement Department or Safety Service Director" shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or otherwise not obtained, the "Code Enforcement Department or Safety Service Director" shall have recourse as provided by law.
(r) Identification. The "Code Enforcement Department or Safety Service Director" shall carry proper identification when inspecting structures or premises and otherwise when in the performance of duties under this Code.
(s) Coordination of Enforcement; Inspection of Premises. The issuance of notices and orders and the enforcement thereof shall be the responsibility of the "Code Enforcement Department or Safety Service Director" so charged by the jurisdiction. Whenever inspections by any other department are necessary, the "Code Enforcement Department or Safety Service Director" shall make a reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.
(t) Rule-making authority. The "Code Enforcement Department or Safety Service Director" shall have power, as necessary in the interest of the public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret, implement and enforce 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 practice involving public safety.
(u) Organization. The "Code Enforcement Department or Safety Service Director" shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Code and as authorized by the appointing authority. The "Code Enforcement Department or Safety Service Director" is authorized to designate an employee as deputy who shall exercise all the powers of the "Code Enforcement Department or Safety Service Director" during the temporary absence or disability of the "Code Enforcement Department or Safety Service Director".
(v) Relief from Personal Responsibility. The "Code Enforcement Department or Safety Service Director", charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The "Code Enforcement Department or Safety Service Director" or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted pursuant to the provisions of this Code, and any officer of the City, acting in good faith without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(w) Unlawful Acts. No person, firm or corporation shall erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another to occupy, or permit another person to occupy, any structure or equipment regulated by this Code, or cause the same to be done, contrary to, in conflict with or in violation of any of the provisions of this Code, or fail to obey a lawful order of the "Code Enforcement Department or Safety Service Director", or remove or deface a placard or notice posted under the provisions of this Code.
(x) Prosecution. In case of any unlawful acts, the "Code Enforcement Department or Safety Service Director" shall institute an appropriate action or proceeding at law to exact the penalty provided in Section 1365.99. Also, the "Code Enforcement Department or Safety Service Director" shall ask the jurisdiction's legal representative to proceed at law or in equity, including injunctive relief, against the person responsible for the violation for the purpose of ordering that person:
(1) To restrain, correct or remove the violation or refrain from any further violations;
(2) To restrain or correct the erection, installation, maintenance, repair or alteration of such premises or structure;
(3) To require the removal of work in violation; or
(4) To prevent the occupancy of the structure that is not in compliance with the provisions of this Code.
(y) Notice to Owner or to Person or Persons Responsible. Whenever the "Code Enforcement Department or Safety Service Director" determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Section 1365.04(aa).
Notices for condemnation procedures shall also comply with Section 1365.04(aa). Where appropriate in the discretion of the "Code Enforcement Department or Safety Service Director", such notice may also be posted at a suitable location in or on the premises if the "Code Enforcement Department or Safety Service Director" determines that such posting will provide additional notice to the owner or the person or persons responsible for the violation.
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why the notice is being issued;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this Code;
(5) Include assessment of Civil Penalty and Notice of Re-inspection Fees if there is failure to bring premises into compliance; and,
(6) Include a statement notifying the person of any administrative appeal rights and procedures.
(aa) Method of Service.
A. Delivery by personal service upon the person to whom the notice is directed or such person's agent; or
B. Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice.
(2) If the notice is returned showing that the letter was not delivered because the addressee no longer lives there or is unknown, or because a wrong address was used, and no other address is known, then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published once in a publication having general circulation in Allen and/or Van Wert County. When such a notice is so published, any time periods referenced in the notice shall commence from the date of publication. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the premises shall constitute service of notice upon the owner.
(bb) Transfer of Ownership. No owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of the unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by "Code Enforcement Department or Safety Service Director", and furnish to the "Code Enforcement Department or Safety Service Director" a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such compliance order or notice of violation.
(cc) Appeals. Any person adversely affected by a ruling or order of the "Code Enforcement Department or Safety Service Director" may file an appeal with the "Code Enforcement Appeals Board". The appeal shall be in writing, shall state the reasons for the appeal and shall be received by the office of the Safety Service Director no later than ten days from the date of the ruling or order of the "Code Enforcement Department or Safety Service Director". The Code Enforcement Appeals Board shall hear the appeal in the manner prescribed in these Codified Ordinances.
(dd) Administrative Action. The "Code Enforcement Department or Safety Service Director" shall take immediate action in accordance with the decision of the Code Enforcement Appeals Board.
(ee) Review. Any person adversely affected by a ruling or order of the Code Enforcement Appeals Board, including "Code Enforcement Department or Safety Service Director", shall have the right to appeal to the appropriate court in the manner and time required by law following the filing of the decision of the Code Enforcement Appeals Board.
(ff) Responsibility of Owner. Unless otherwise specifically stated in this Code, the owner of a premises is ultimately responsible for any violation of this Code.
(gg) Specified Parcels.
Definition. A specified parcel is a premises, with or without a structure, in which all of the following are applicable:
(1) The parcel has been the subject of violations and the Code Enforcement Department or Safety Service Director" has caused the weeds in excess of the maximum allowable height to be cut and destroyed on at least two occasions in a twelve-month period;
(2) The owner and/or person responsible for the premises has failed to remedy the violations consistent with the requirements of this Code; and,
(3) The parcel is found by the Code Enforcement Department or Safety Service Director" to be unoccupied and vacant for a period of at least 90 days.
(hh) Specified Parcels.
(1) Specified Parcel List. Upon finding a premise to be a specified parcel, said parcel will be placed upon the City's Specified Parcel List and subject to seasonal cutting until such time as the property is transferred to a new owner and/or responsible person who then maintain said parcel in a manner consistent with the requirements in this chapter. Annually a Code Enforcement Department or Safety Service Director" shall be assigned to make a review of the specified parcel list in order to make any necessary additions or deletions. The Specified Parcel List is subject to final approval by the Code Enforcement Department or Safety Service Director".
(2) Notwithstanding other notice provisions contained within this code, owners and/or persons responsible for parcels classified as specified parcels will be given notice by posting and publication as herein described. Additionally, each parcel shall be posted, by stake or placarding on structure, as a specified parcel, at least five days prior to any cutting services being performed.
(3) Postings and publications shall include a description of the real estate sufficient for identification, description of the code violation, an order of correction setting forth the requirements for cutting weeds, grass, and/or other vegetation, notice that the parcel has been placed on the specified parcel list, notice of assessment of cutting costs and administrative fees, the time period for cutting services being provided by the City and rights to appeal.
(4) Appeals. Any owner and/or person responsible for the specified parcel may file an appeal with the Board of Building Appeals concerning the property's placement on the specified parcel list, no later than ten (10) days following the first billing for cutting costs and administrative fees in any given year. The appeal shall be in writing, shall state the reasons for the appeal and shall be filed with the "Code Enforcement Department or Safety Service Director". The "Code Enforcement Department or Safety Service Director" shall hear the appeal in the manner prescribed in these Codified Ordinances.
(5) Administrative Fees. Notwithstanding other administrative fees described in this Code, the Special Assessment Administrative Fee of Two Hundred and Five Dollars ($205.00) is authorized to be charged to the owner and/or persons responsible annually for initial placement or continued placement of the premises on the Specified Parcel List.
(ii) Administrative Fee Schedule.
(a) For the purposes of this Chapter 1365 Property Maintenance Code, whenever an Administrative Fee is authorized to be charged for work or services performed by the City, the Administrative Fee shall be two hundred and five dollars ($205.00).
(b) For the purposes of this Chapter 1365 Property Maintenance Code, whenever a Re-Inspection Fee is authorized to be charged for re-inspection of the premises performed by the City, the Re-Inspection Fee shall be seventy- five dollars ($75.00).
(Ord. 2019-5. Passed 2-25-19.)