(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, safe and sanitary condition. Nothing herein shall abrogate the ultimate responsibility of the owner.
(b) Infestation. All structures and exterior property areas shall be kept free from rat, vermin, insect or other pest infestation. Where rats, vermin, insects or other pests are found, they shall be promptly removed or exterminated by approved processes which will not be injurious to human health. After removal or extermination, proper precautions shall be taken to prevent re-infestation.
(c) Grading and Drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon. This section shall not apply to water retention areas and reservoirs approved by the City of Delphos.
(d) Sidewalks and Driveways.
(1) 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. Every owner of any lot or parcel of land situated within the City shall keep, repair and maintain the sidewalks along all public streets, avenues drive, boulevards or lanes adjoining such lot or parcel of land as recommended by the City's Standard Construction Drawings and shall be approved by the Zoning Inspector.
A. All existing sidewalks shall be kept clear of any obstructions which would make their use difficult for pedestrians.
B. Property owners are responsible and required to meet applicable sidewalk and driveway codes prior to selling or transferring the property. Before any lot or parcel, subject to this chapter is sold or transferred to another person or entity, all existing sidewalks must be repaired and/or replaced to the current required specifications.
C. The cost of such keeping, repairing and maintaining shall be the responsibility of the property owner.
(2) All sidewalks shall be constructed, reconstructed in accordance with the City of Delphos Standard Construction Drawings on file with the Zoning Inspector.
(3) Any and all new residential, business or industrial construction project will be required to have sidewalks constructed on the front of any such property or on any sides of such property which abut an existing street. A parking area will not qualify as a sidewalk for pedestrian use.
A. All construction shall be of concrete in accordance with Ohio Department of Transportation specifications for Class "C" Portland concrete.
B. Sidewalk width shall be a minimum of forty-eight inches.
C. Whenever a new sidewalk is built under this chapter, adjacent to a sidewalk which has been built under previous ordinances which may have been in force in the City, there shall not be a break between the old and new sidewalk. The method of joining to the old sidewalk shall be determined and the new sidewalk built in accordance with the decision of the "Code Enforcement Department or Safety Service Director".
D. Defining Defective Sidewalks - Sidewalk blocks shall be considered defective if;
1. There are 3 or more cracks, broken into 4 or more pieces, or multiple cracks
2. Any single crack is wider than 1 inch
3. There are stub toes - adjoining slabs misaligned by 1.2 inch or more
4. There are depressions that impound water 1 inch or more
5. There are disintegrated or deteriorated areas
6. Other reasons will be specified by the inspector.
(e) Removal of Snow and Ice from Sidewalks.
(1) The owner, occupant or any person having the care of any building, lot or land abutting on any street, square or other public way within the City, where there is a sidewalk in front of or alongside of the same, shall, within the first 10 hours after daylight after snow has ceased to fall, cause such snow to be removed from such sidewalk. The provisions of this section shall also apply to the falling of snow or ice from buildings upon such sidewalks.
(2) Whenever the sidewalk or any part thereof adjoining any building, lot or land on any street is encumbered with sleet and ice, it shall be the duty of the owner, occupant or any person having care of any such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the same with sand, salt or other suitable substances.
(3) The Mayor shall have the authority to temporarily suspend the obligations of this section only on a city-wide basis when the Mayor determines it is appropriate to do so because of impossibility, impracticality, irrelevance to existing circumstances, likelihood of short-term future resolution, other demonstrable inability to comply, hardship, or for other good cause as determined by the Mayor.
(4) No owner, occupant or person responsible for any premises in the City shall shovel, use a snow blower, or plow in such a manner as to place snow or ice on City right of ways and streets. Nor shall any owner, occupant or person responsible for any premises shovel, blow snow or plow snow or ice, so as to block or impede traffic on City streets and walkers on City sidewalks.
(f) Barricades and Warning Lights; Abandoned Excavations.
(1) No person shall abandon or permit to remain on public or private property any excavation, well or cesspool, or structure which is in the process of construction, reconstruction, repair or alteration, unless the same is adequately protected by suitable barricades and guarded so that the condition will not reasonably prove dangerous to life or limb.
(2) Prior to the placement of any such barricade on public streets or grounds, approval must be obtained from the Service-Safety Director.
(3) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life of limb.
(4) No owner or person in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build, or any other reason, shall fail to cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.
(5) If the owner or person to whom a notice is directed requiring him to fill the basement, cellar, well or cistern, or other type of excavation, fails to comply with the requirements of the notice, the "Code Enforcement Department or Safety Service Director" may cause said basement, cellar, well or cistern, or other type of excavation, to be filled, and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor or "Code Enforcement Department or Safety Service Director". The expenses shall consist of the following:
A. All direct costs for the filling of such items; plus
B. The costs for preparing and serving all notices; plus
(6) In the event that the owner of other appropriate person fails to pay such expenses within thirty days after being notified in writing, by regular U.S. mail of the amount thereof by the "Code Enforcement Department or Safety Service Director", the expenses set forth in Section 1365.04(ii) hereof may be collected by using one or more of the following methods, provided, however, that the expenses may only be collected once:
(7) Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
(8) The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(9) The remedies provided in this section shall be in addition to the penalty provided in Section 1365.99 and any other remedy allowed by law.
(g) Storage and Accumulation of Junk Materials on Private Property; Notice to Remove.
(1) No person shall cause or permit garbage, rubbish, tree or bush branches or trimmings, brush, cast-off or discarded articles, litter, junk, materials which are ready for destruction, or which have been collected for salvage or conversion to some other use, to be stored, kept or placed outside any structure, or on any premises, except where permitted by zoning ordinances.
(2) Upon receipt of information that subsection (a) hereof is being violated, the "Code Enforcement Department or Safety Service Director" shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him that the offending articles and/or materials must be removed within ten days after service of such notice.
(4) If the person to whom a notice is directed fails to comply with the requirements of the notice, the "Code Enforcement Department or Safety Service Director" shall cause such offending articles and/or materials to be removed from the premises and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:
A. All direct costs for the removal of such items; plus
B. The costs for preparing and serving all notices; plus
(h) Weeds, Lawn and Landscaping.
(1) Every owner, occupant of any residence tenement, building, lot or front land fronting upon any avenue, street, alley or public highway of the City, shall remove any and all trees or parts of trees, plants or shrubs, that are dead, harbor insects or disease which become a nuisance or hazard to any person or property and exist on such premises or in the tree lawns or grass strip existing between such premises on the edge of the adjoining street curbing or street surface where such trees, or part of the tree plants or shrubs exists. Branches and/or overhangs may present nuisance or hazard.
(2) The owner or occupant of any premises shall maintain such premises and exterior property free from grass and/or weeds in excess of eight inches.
(3) The owner or occupant of any premises shall maintain such premises and exterior property free from all noxious or harmful weeds or vines.
(4) Landscaping and lawns on private property as well as within the public right-of-way that have become overgrown and unsightly such as to contribute to a blighting or deteriorating effect on the surrounding neighborhood.
(5) No owner, occupant or person responsible for any premises in the City shall rake, use a leaf blower, or any lawn implement in such a manner as to place leaves, limbs, grass clippings or other such debris in the City's right of ways and streets or place such materials so as to cause such materials to enter the City's storm sewer system.
(i) Notice to Cut; Service.
(1) Upon information that noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, are growing on land within the City, the "Code Enforcement Department or Safety Service Director" shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him that noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, are growing on such land and that they must be cut and destroyed within five days after service of such notice.
(j) Failure to Comply after Notice.
(1) If the person to whom the notice referred to in Section 1365.05(i) is directed and fails to comply with the terms of such notice, the "Code Enforcement Department or Safety Service Director" shall cause such noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, to be cut and destroyed and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:
A. All direct costs for the cutting and/or destruction of the noxious or harmful weeds or vines, or grass or weeds; plus
B. The costs for preparing and serving all notices; plus
(2) In the event that the owner or other appropriate person fails to pay such expenses within 30 days after being notified in writing, by regular U.S. mail, of the amount thereof by the "Code Enforcement Department or Safety Service Director", the costs set forth in subsection (j)(1) hereof of this section may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:
A. Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(k) Prosecution Despite Cutting. The cutting and destroying of noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, by the owner, occupant or other person having charge of the land in question, pursuant to the requirements of the notice provided for in Section 1365.05(i), shall not constitute a bar to prosecution.
(l) Tree Branches Overhanging Streets.
(1) The branches of all shade or ornamental trees located on private property within the corporate limits shall not be allowed to grow nearer than 16 feet to the line of the established grade of the street or within sixteen feet from the surface of the earth upon any street upon which a grade has not been established.
(2) The branches of trees extending downward to a point nearer than 16 feet to the line of the established grade upon any street, or nearer than 16 feet to the surface of the earth upon any street where there is no established grade, are hereby declared to be a nuisance and the owners of the abutting lot or land shall cause the same to be removed or such nuisance shall be abated according to law.
(3) It shall be the owner's or occupant's responsibility to maintain trees on tree lawn in a manner that the tree will not obstruct or shade the street lights, obstruct the movement of vehicular traffic, obstruct the passage of pedestrians, or obstruct the view of any street intersection.
(4) No tree located within the tree lawn or on any public property shall be planted closer than fifteen feet to any fire hydrant.
(5) Within ten days of any removal or pruning the owner or occupant will remove and/or dispose of all material created by the removal or pruning of any tree, parts of tree, plant or shrub.
(6) All stumps shall be removed six inches below the surface of the ground to facilitate landscaping. Removal shall be done by the owner or at the owner's expense, within three months. Stump chips shall be removed and replaced with topsoil, to level of the grade.
(m) Parking of Motor Vehicles and Watercraft.
(1) No motor vehicle owner or person in charge or control of any residential premises within the City, whether as owner, tenant, lessee, occupant, or otherwise, shall allow to be parked, kept or stored on the exterior area of such premises any of the following:
A. A motor vehicle which is not properly licensed for immediate use on public streets;
B. A motor vehicle which is not in sound operating condition; or
C. A commercial motor vehicle.
(2) No watercraft owner or person in charge or control of any residential premises within the City, whether as owner, tenant, lessee, occupant, or otherwise, shall allow to be parked, kept or stored on the exterior area of such premises any of the following:
A. A watercraft which is not properly licensed for immediate use on the water; or
B. A watercraft which is not in sound operating condition.
(3) The exterior parking, keeping or storage of motor vehicles or watercraft on residential premises that is not otherwise prohibited by this section shall also be limited to the following locations:
A. If a driveway exists on the premises on which motor vehicles or watercraft are parked, kept or stored, then such motor vehicles or watercraft shall only be parked, kept or stored on the driveway. The street entrance to the driveway must be accessed by a curb cut approved by the "Code Enforcement Department or Safety Service Director".
B. If on the premises where motor vehicles or watercraft are parked, kept or stored there exists insufficient driveway space to accommodate such motor vehicles or watercraft, then not more than two (2) motor vehicles and/or watercraft may be parked, kept or stored in the rear yard.
(4) If the locations provided in subsection (m)(4) herein will not reasonably accommodate the exterior parking, keeping or storage on any residential premises of those motor vehicles or watercraft that are not otherwise prohibited by this section, then the "Code Enforcement Department or Safety Service Director" is authorized to grant an "Off- Street Parking Permit" upon application therefore and under such terms and conditions that the determines to be reasonable and equitable.
A. In considering an application for an "Off-Street Parking Permit," the "Code Enforcement Department or Safety Service Director" shall be guided by the following objectives:
B. Non-rear yard motor vehicle or watercraft parking, keeping or storage should be upon hard surfaces which are compliant with standards adopted by City Council, and such hard surfaces should be no greater than 400 square feet in size and that accommodate no more than two motor vehicles and/or watercraft.
C. Only one hard surface should be permitted within the area comprising the front and side yards and such hard surface should be located no less than ten (10) feet from any property line.
D. The interests of an applicant's immediate neighbors and the general public should be given due consideration.
(5) The exterior parking, keeping or storage of motor vehicles and watercraft in non-residentially zoned districts shall be limited to motor vehicles and watercraft in sound operating condition, and which are properly licensed for immediate use on public streets or waterways. All parking, keeping or storage shall be on hard surfaces in compliance with standards adopted by the City Council. The following are exceptions to this provision:
A. Motor vehicles or watercraft parked or stored on new or used motor vehicle or watercraft sales lots which are operable but unlicensed.
B. Licensed motor vehicles or watercraft parked or stored while in the temporary care of a motor vehicle or watercraft service business in compliance with the City of Delphos Zoning Code.
C. Motor vehicles or watercraft parked or stored on premises operating as a junk or dismantling business in compliance with the City of Delphos Zoning Code and Ohio Law.
(6) This section shall not apply to a motor vehicle or watercraft under major mechanical repair or overhaul, including body work, provided that such work is performed inside a structure which is appropriate to be used for such purposes in accordance with state or local zoning, building, fire, or other applicable codes.
(7) Upon a determination that any subsection hereof is being violated, the "Code Enforcement Department or Safety Service Director" shall cause a written notice to be served upon the owner, lessee, agent, tenant, occupant or person having control of such land, and the registered owner of the motor vehicle or watercraft, as the violator(s), notifying such person(s) that the offending motor vehicle or watercraft must be removed or relocated to an area in compliance with these provisions within five (5) days after service of such notice. Such written notice shall contain:
A. The name of the violator and the property address at which the motor vehicle or watercraft is located.
B. The make and model of the motor vehicle or watercraft and the license plate number, if any.
C. The motor vehicle or watercraft identification number (VIN), if available and a description of the condition of said motor vehicle or watercraft.
D. A statement that the person in charge or in control of the private property upon which such motor vehicle or watercraft is located and the titled owner of such motor vehicle or watercraft are jointly and severally liable for all costs incurred by the City for the removal, storage and disposal of such motor vehicle or watercraft, plus an administrative fee in the amount set forth in Section 1365.04(ii).
E. A notice of any right to appeal.
(9) If the owner, lessee, agent or person having charge of the land, or the registered owner of the motor vehicle or watercraft, served with the notice, fails to remove such motor vehicle or watercraft as required herein, the "Code Enforcement Department or Safety Service Director" is authorized to remove and impound any such motor vehicle or watercraft remaining at any place within the City in violation of this section. Such motor vehicle or watercraft shall be impounded until lawfully claimed or disposed of. Upon impounding of a motor vehicle or watercraft a photograph shall be taken of the same, and an inventory search shall be conducted.
(10) All expenses related to the removal and impoundment of such motor vehicle or watercraft by the City shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:
A. All direct costs for the removal and impoundment of the motor vehicle or watercraft; plus
B. The costs for preparing and serving all notices; plus
(11) In the event that the owner or other person in charge or control of such property, and/or the title owner of said motor vehicle or watercraft, fails to pay such expenses within thirty days after being notified in writing, by regular U.S. mail, of the amount thereof by the "Code Enforcement Department or Safety Service Director", the expenses set forth in subsection (m)(11) hereof may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:
A. Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(12) The owner, lessee, agent, tenant or person otherwise having charge or control of such premises, and the titled owner of such motor vehicle or watercraft, are jointly and severally liable for all expenses incurred by the City as set forth in subsection (m)(11) hereof.
(13) The movement of a motor vehicle or watercraft in violation of this section to any other location within the City limits that does not abate the violation under this section shall not constitute compliance with this section.
(14) Any person who has received notice to remove a motor vehicle or watercraft under this section may appeal to the "Code Enforcement Department or Safety Service Director". An appeal must be filed within five (5) days after service of the notice, excluding Saturdays, Sundays and holidays, together with a fee of twenty-five dollars ($25.00) for the cost of the appeal. The twenty-five dollars ($25.00) will be refunded if the appeal is successful. The scope of the appeal shall be limited to:
A. Determining whether the person requesting such appeal is in charge or in control of the real property involved or is the registered owner of the motor vehicle or watercraft involved and
B. Whether the parking, keeping or storage of the motor vehicle or watercraft involved is in violation of this section. At such appeal, the appellant must appear in person, and the City and the appellant may introduce such witnesses and evidence as each party deems necessary. The appeal provision provided herein shall be the exclusive method of appeal of notices of violations of this section, notwithstanding the method of appeal set forth in Section 1365.04(cc)
(15) The remedies provided in this section shall be in addition to the remedies available in Section 1365.04(x) and the penalty provided in Section 1365.99.
(n) Prohibition Against Junk Motor Vehicles; Exceptions.
(1) For purposes of this section, the following definitions shall apply:
A. "Junk motor vehicle" means any motor vehicle meeting any three of the following criteria:
i. Three years old or older
ii. Partially dismantled or inoperable
iii. Fair market value of less than one five hundred dollars ($500.00).
iv. Unlicensed or improperly licensed.
B. Partially dismantled" means, but not limited to, the following:
i. Missing engine, battery, transmission
ii. Missing door, fenders or hood
iii. Missing wheels or on blocks
iv. Missing tires or deflated tires
v. Missing or broken windshield or windows
(2) "Inoperable" means any motor vehicle incapable to being propelled under its own power. Any motor vehicle that has not been moved for thirty consecutive days shall be presumed to be inoperable.
(3) "Collector's vehicle" means any motor vehicle or agricultural tractor or traction engine of special interest having a fair market value of one hundred dollars ($100.00) or more, whether operable or not, that is owned, operated, collected, preserved, stored, maintained or used essentially as a collector's item, leisure pursuit or investment, but not as the owner's principal means of transportation.
(4) If the owner, the person having the right of possession of the property, or any other person authorized to give such permission is a person engaged in a bona fide commercial operation or if the vehicle is a historical vehicle, then the vehicle may be stored upon the following condition: The vehicle shall be concealed from the general public by means of buildings, screening fence, shrub or other appropriate obstruction. Tarpaulins, tents, vehicle socks or other items intended to cover a vehicle made from cloth or plastic will not constitute an appropriate obstruction.
(5) No vehicle owner or person in charge or control of any premises within the City, whether as owner, tenant, lessee, occupant or otherwise, shall allow any junk motor vehicle to remain upon any premises longer than ten days after receipt of written notice to remove the junk motor vehicle from such premises. The written notice shall be issued to the property owner and/or the owner of such vehicle by an office of the Police Department or by the "Code Enforcement Department or Safety Service Director". Such written notice shall contain:
A. The name of the property owner and the property address at which the junk motor vehicle is located.
B. The make and model of the vehicle and the license plate number, if any.
C. The vehicle identification number (VIN), if available and a description of the condition of said vehicle.
D. A statement to the effect that the person in charge or in control of the private property upon which such vehicle is located and the titled owner of such vehicle are jointly and severally liable for all costs incurred by the City for the removal, storage and disposal of such vehicle, plus an administrative fee in the amount set forth in Section 1365.04(ii).
E. A notice of any right to appeal.
(7) If the owner, lessee, agent or person having charge of the land, or the title owner of the motor vehicle, served with the notice, fails to remove such junk motor vehicle, an officer of the Police Department approved by the Chief of Police, or the "Code Enforcement Department or Safety Service Director" is authorized to remove and impound any junk motor vehicle remaining at any place within the City in violation of this section. Such junk motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with Ohio R.C. 4513.63. Upon impounding of a junk motor vehicle a photograph shall be taken.
(8) All expenses related to the removal and impoundment of such junk motor vehicle by the City shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor or Service-Safety Director. The expenses shall consist of the following
A. All direct costs for the removal and impoundment of the vehicle; plus
B. The costs for preparing and serving all notices; plus
(9) In the event that the owner or other person in charge or control of such property, and/or the title owner of said vehicle, fails to pay such expenses within thirty days after being notified in writing, by regular mail, of the amount thereof by the "Code Enforcement Department or Safety Service Director", the expenses set forth in subsection (n)(8) hereof may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:
A. Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(10) The owner, lessee, agent, tenant or person otherwise having charge or control of such premises, and the titled owner of such vehicle, are jointly and severally liable for all expenses incurred by the City as set forth in subsection (n)(8) hereof.
(11) The movement of a vehicle in violation of this section to any other location within the City limits that does not abate the violation under this section shall not constitute compliance with this section.
(12) The provisions of this section shall not apply to the deposit, parking, storage, maintenance or collection of junk motor vehicles in an enclosed building in a regularly established junk yard in any area of the City in which the same is permitted under the Zoning Code, or a collector's vehicle as described in subsection (n)(3) hereof.
(13) Any person in charge or in control of any premises within the City, whether as owner, tenant, lessee, occupant or otherwise, shall completely conceal any collector's vehicle stored on the property by means of storage inside buildings or fences which comply with all building and zoning ordinances and all building codes.
(14) Except as allowed in subsections (n)(12) and (n)(13) hereof, the deposit, parking, storage, maintenance or collection of junk motor vehicles on private property is hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the residents of the City.
(15) Any person who has received notice to remove a junk vehicle may appeal to the "Code Enforcement Department or Safety Service Director". An appeal must be filed within five days after service of the notice, excluding Saturdays, Sundays and holidays, together with a fee of twenty-five dollars ($25.00) for the cost of the appeal. The twenty-five dollars ($25.00) will be refunded if the appeal is successful. The scope of the appeal shall be limited to determining whether the person requesting such appeal is in charge or control of the private property involved, or is the titled owner of said vehicle, and whether such vehicle is a junk motor vehicle as charged. At such appeal, the appellant must appear in person, and the City and the appellant may introduce such witnesses and evidence as each party deems necessary. The appeal provision provided herein shall be the exclusive method of appeal of notices of violations of this section, notwithstanding the method of appeal set forth in Section 1365.04(cc). The remedies provided in this section shall be in addition to the remedies available in Section 1365.04(x) and the penalty provided in Section 1365.99.
(Ord. 2019-5. Passed 2-25-19.)