1301.03 ADMINISTRATION.

(a) Title. This Title Three, hereinafter referred to as “this Code” shall be known as the Residential and Nonresidential Maintenance Code of the Village of Delta, Ohio.

(b) Purpose. The purpose of this Code is to protect the public health, safety, and welfare of the citizens and inhabitants of the Village by establishing minimum standards governing the maintenance, appearance, and condition of all residential and nonresidential premises; to fix certain responsibilities and duties upon owners and agents; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violation of this Code; and provide for the right of access across adjoining premises to permit repairs. This Code is hereby declared to be remedial and essential for the public interest and it is intended that this Code be liberally construed to effectuate the purposes as stated herein.

(1) The provisions of this Code shall be supplementary to all other provisions of the ordinances of the Village relating to the construction, use and maintenance of residential and nonresidential structures and shall apply to all buildings or portions thereof which are used, designed or intended to be used for residential and nonresidential purposes.

(2) Existing structures may continue to be used for residential and nonresidential purposes if:

A. The structure complies with the provisions of this Code.

B. The use and/or occupancy of the structure is not in violation of any of the provisions of the ordinances of the Village, including any rules and regulations adopted pursuant to such ordinances or statutes.

(3) In the event of conflict between any provisions of this Code, including any rules and regulations adopted pursuant to this Code, and any provisions of the ordinances, of the Village, including any rules and regulations adopted pursuant to such ordinances, the provisions of this Code shall prevail.

(Ord. 95-1. Passed 2-20-95.)

1301.02 DEFINITIONS.

As used in this Code, the following definitions shall apply:

(1) "Accessory structure" means a building, the use of which is incidental to that of the main building and which is located on the same lot.

(2) "Administrator" means the officer charged with the administration and enforcement of the Building Code or the Code and shall be construed as though followed by the words “or his agent or representative”.

(3) "Agent" means any person who has charge, care, or control of a structure, dwelling or premises or a part thereof.

(4) "Approved" means approved by the Administrator pursuant to the Code, or approved by any other authority designated by the ordinances of the Village of Delta, Ohio, to give approval of the matter in question.

(5) "Approved manner" means done in a manner which complies with this Code or any other laws applicable to the construction, repair and maintenance of residential and nonresidential structures.

(6) "Authorized person" means a person with the actual or apparent authority to act for another.

(7) “Basement” means a portion of the building partly underground, but having more than half its ceiling height below the average grade of the adjoining ground.

(8) "Board" means the Board of Zoning Appeals of the Village of Delta.

(9) "Building Code" means including any applicable State Building Code.

(10) “Ceiling height” means the clear vertical distance from the finished floor to the finished ceiling.

(11) "Certified mail" means mail which provides a return receipt showing the name of the person delivered to and the date of delivery.

(12) "Code" means this Code, the Residential and Nonresidential Maintenance Code.

(13) "Court" means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded structurally on three or more sides.

(14) "Deterioration" means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracks, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance.

(15) "Door, exterior" means a door manufactured or constructed of materials 1-3/4 inches in thickness and faced with an approved weather resisting covering properly attached to resist wind and rain and installed in a weather-tight opening.

(16) "Dwelling" means that part of any structure, whether occupied or vacant, designed for use by human occupants for sleeping and living purposes, and shall include factory built structures.

(17) "Dwelling unit" means one or more rooms arranged for the use of one or more individuals as a single house-keeping unit, with cooking, living, sanitary and sleeping facilities excluding State approved nursing or group homes.

(18) "Efficiency apartment" means a dwelling unit consisting of one room of not less than 400 square feet, exclusive of bathrooms, closets and hallways. Every efficiency apartment shall access a water closet in an adjacent room which is provided exclusively for the use of the occupant.

(19) "Egress" means an arrangement of exit facilities to assure a safe means of exit from buildings.

(20) "Existing building" means a building erected prior to the adoption of this Code, or one for which a legal building permit has been issued.

(21) "Exposed to public view" means any premises, or any part thereof, or any building, structure or any part thereof, which may be lawfully viewed by the public.

(22) "Exterior of the premises" means those portions of a building or structure which are exposed to public view and the open space of any premises outside of any building or structure erected thereon.

(23) "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their habitat; by removing or making inaccessible materials that may serve as their food; or by poison, spraying, fumigating, trapping, or by any other approved pest elimination methods.

(24) "Factory built housing" means structures designed for long-term residential use, including but not limited to modular homes, mobile homes, and manufactured homes.

(25) "Factory built structure" means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in a manufacturing facility, transported to a site for installation or assembly and is installed on a building site.

(26) "Family" means an individual; two or more persons related by blood, marriage or law; or a group of not more than any five unrelated persons living together in a dwelling unit. Servants having common housekeeping facilities are a part of the family for the purpose of this Code.

(27) "Fire hazard" means any thing or act which increases or may cause any increased potential for fire to a greater degree than that customarily recognized as acceptable by persons in the public service of preventing, suppressing, or extinguishing fire, or that which may obstruct, delay, or hinder or may become the cause of an obstruction, delay, hazard, or hindrance to the prevention, suppression, or extinguishment of fire or any other fire hazard defined in the Ordinances of the Village.

(28) "Foundation elements" means the elements which make up the foundation, i.e., poured concrete, cement block, brick, treated lumber, etc.

(29) “Garbage” means the waste resulting from the handling, preparation, cooking and/or the consumption of food.

(30) "Grade" means the finished ground level adjoining the building at all exterior walls.

(31) "Grade floor window" means a window located such that the sill height of the window is not more than forty-four inches above the finished grade adjacent to the window.

(32) "Habitable space" means any room or group of rooms used for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.

(33) “Hazardous natural growth” means dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm drainage, constitutes a hazard to persons.

(34) "Hearing Officer" means the Zoning Code Administrator, or his designee.

(35) "Hot water" means water at a temperature of not less that 120° F.

(36) "Immediate neighborhood" means an area denoting a limited number of properties located within the same or adjoining block or within 450 feet of the affected property.

(37) "Immediate action" means any action taken or required to be taken within twenty- four hours.

(38) "Infestation" means the presence of insects, rodents, vermin or other pests.

(39) "Kitchen" means an area used, or designated to be used, for the preparation of food.

(40) "Village Solicitor" means the Village Solicitor of the Village or his designee.

(41) “Manufactured home” means a factory-built structure that is manufactured or constructed under the authority of the laws, rules and regulations of the Department of Housing and Urban Development or to its successors and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device which would allow the unit to be moved other than for the purpose of moving the unit to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home.

(42) "Mixed occupancy" means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nonresidential uses.

(43) "Mobile home" means a transportable, factory-built structure, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

(44) "Multiple dwelling" means a building containing two or more dwelling units.

(45) "Occupant" means a person living, sleeping, cooking and/or eating in a dwelling unit or room.

(46) "Occupy" means to reside in or be used by an owner-occupant.

(47) "Operable area" means that part of a window, vent or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(48) "Owner" means the owner or owners of the premises including the holder of the title thereto, subject to contract of purchase; a vendee in possession; a mortgagee or receiver in possession; or a representative.

(49) “Person” means an individual, firm, corporation, association or partnership.

(50) "Premises" means a lot, parcel or plot of land including the buildings or structures thereon.

(51) "Privacy" means the existence of conditions which will permit an individual or individuals to carry out an activity without interruption or interference, either by sight or sound, by unwanted individuals.

(52) "Public nuisance" means:

A. Any public nuisance known in equity jurisprudence, or as provided by the statutes of the State of Ohio or the ordinances of the Village of Delta.

B. Conditions dangerous to human life or detrimental to the health of persons who may be affected by such conditions due to the active and negligent operation thereof.

C. Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Code.

D. Fire hazards.

(53) "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

(54) "Rubbish" means combustible and non-combustible waste materials, except garbage, and 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 and other accumulation of vegetation, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials.

(55) “Structure” means any assembly of materials forming a construction for occupancy or use including, but not limited to, buildings, mobile homes, factory built homes, tents, platforms, towers, water tanks, open sheds, swimming pools, shelters and fences.

(56) “Supply or supplied” means paid for, furnished, or provided by or under the control of the owner or agent.

(57) "Unsanitary condition" means any condition determined as presenting a health hazard to the general public or any member thereof.

(58) "Unsightly condition" means any condition which debases or deteriorates the appearance of the neighborhood.

(59) "Ventilation" means the process of supplying and removing air by natural or mechanical means to or from any space:

A. Mechanical: Ventilation by power-driven devices.

B. Natural: Ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks other than by mechanical means.

(60) "Weathering" means deterioration, decay or damage caused by exposure to the elements.

(61) "Workmanlike" means performed or done in a reasonably skillful manner.

(Ord. 95-1. Passed 2-20-95.)

1301.03 ADMINISTRATION.

(a) Administrator’s Appointment. The Administrator shall be appointed by the Mayor and shall be approved by a majority vote of the Council members.

(b) Administrator. There is hereby established in the Village of Delta, provisions for the enforcement of this Code by the Code Administrator and for the purpose of this Code, shall be called “the Administrator”; and where used herein, shall be construed as though followed by the words “or authorized agent or representative”.

(c) Records. The Administrator shall keep, or cause to be kept, a record of the business of the Department. The records of the Department shall be open to public inspection.

(d) Reports. The Administrator shall monthly submit a report to Council covering the work of the Department during the preceding month.

(e) Board of Appeals. The Board of Zoning Appeals (hereafter referred to as the "Board") is hereby vested with authority to hear all appeals which are initiated as a result of this legislation. In carrying out the intention and purpose of this Code, the Board shall have the following powers and perform the following duties:

(1) To hear an appeal, pursuant to Section 1301.04(g) of this Code, filed by any person adversely affected by a decision of the Administrator in the enforcement of this Code and to determine whether in the opinion of the Board such decision of the Administrator shall be reversed, modified or affirmed.

(2) To require by resolution that the Administrator modify, reverse or enforce its decision.

(3) To formulate and report to Council from time to time, recommendations or action by them upon such amendments to this Code as the public health, safety and general welfare may require.

(Ord. 95-1. Passed 2-20-95.)

1301.04 ENFORCEMENT AND PENALTY.

(a) Applicability.

(1) Every residential and nonresidential structure and the premises of which it is situated in the Village, used or intended to be used, shall comply with the provisions of this Code, whether or not such structure has been constructed, altered, or repaired before or after the enactment of this Code. This Code establishes minimum standards for the initial and continued occupancy and use of all such structures. Any alterations to structures or changes of use therein, which may be caused directly or indirectly by the enforcement of this Code, shall be done in a worklike manner and in accordance with applicable sections of the Zoning Code of the Village. Where there is mixed occupancy, residential and nonresidential use therein shall be, nevertheless, regulated by and subject to the provisions of this Code.

(2) In any case where the provisions of this Code impose a higher standard than set forth in any other ordinance of the Village or under the laws of the State, then the standards set forth herein shall prevail; but if the provisions of this Code impose a lower standard that any other ordinance of the Village or the laws of the State, then the higher standard contained in any such other ordinance or law shall prevail.

(3) After the date of enactment hereof, all permits shall be issued upon compliance with this Code as well as compliance with the ordinances under which such permits are granted.

(4) No permit or other certification of compliance with this Code shall constitute a defense against any violation of any other ordinance of the Village applicable to any structure or premises; nor shall any provision herein relieve any owner, agent, or occupant from complying with any such other provision; nor any official of the Village from enforcing any such other provision.

(5) This Code establishes minimum requirements for the initial and/or continued occupancy of all buildings and structures and does not replace or modify requirements otherwise established for the construction, repair, alteration, or use of buildings, equipment or facilities except as provided in this section.

(b) Inspection.

(1) The Administrator is hereby authorized and directed to make inspections when:

A. There exists reasonable grounds to believe that a violation of the provisions of this Code has been committed; or

B. In response to a complaint that an alleged violation of the provisions of this Code has been committed; or

C. When periodic inspections are required in accordance with this Code.

(2) All structures and premises subject to this Code are subject to inspection as necessary by the Administrator of the Village. Upon written notice delivered by hand or by regular mail from the Administrator that an interior inspection is needed, all interior parts of the premises shall be made available and accessible. The owner, agent, and/or occupant is required to provide the necessary arrangements to facilitate such interior inspections.

(3) Where an owner, agent, occupant, bona fide prospective purchaser, bona fide prospective occupant, or mortgagee requests a status report as to whether or not there are any known violations presently pending on such premises, upon payment of the required fee and the written request, a copy of any notice or order of any violation then pending shall be sent to the applicant. The term "bona fide" shall mean anyone with a then existing contractual relationship by way of purchase contract or lease.

(4) The fee for any status report under subsection (c) shall be ten dollars ($10.00).

(5) Inspections shall be made between the hours of 8:30 a.m. and 5:00 p.m. unless the premises are not available during the foregoing hours for inspections, or there is reason to believe a violation exists of a character which is an immediate threat to health or safety, thereby requiring inspection and abatement without delay or notification.

(1) Where any owner is required to make repairs or otherwise improve his property and is unable to comply with this Code without having the right to access to the structure, accessory structure or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, agent or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon filing of an affidavit setting forth the facts with the Administrator, the Administrator shall serve a five day notice in writing, of a hearing upon the owner, the agent, or the occupant of any adjoining premises affected by the application.

(2) On the day fixed for the hearing, the Board shall provide opportunity for the owner of the adjoining property or properties to state why access should not be granted across such adjoining properties.

(3) If the Board determines that access is deemed necessary for the compliance with this Code, the Board shall, with the approval of the Mayor, direct the Law Director, or his designee, to take such steps as are necessary to acquire access to the adjoining property. These actions may include, but are not limited to the following:

A. The acquisition of an easement by the Municipality on the adjoining property;

B. A contractual arrangement with the adjoining property owner holding him harmless and/or indemnifying the adjoining owner from any and all damages which may occur on the adjoining property as a result of the intrusion thereon;

C. A contractual arrangement with a private contractor for the performance of the work necessary to bring the offending property owner into compliance.

(4) A. All repairs or other improvement required to be made under the circumstances set forth in this chapter shall be performed by individuals who maintain insurance policies covering property damage and bodily injury in the amount of one hundred thousand dollars ($100,000). Proof of said insurance must be given to the Board by the offending owner prior to the hearing required in paragraph (2) hereinabove.

B. In the event the offending owner fails to provide proof that a qualified and insured individual will perform the required repairs or other improvements prior to said hearing, the Board shall deny the right of access to the offending owner.

(5) No such action legally obligating the Municipality shall be taken by the Law Director without the Village first having entered into a contract with the offending property owner requiring said property owner to reimburse the Municipality for the direct costs it may incur as a result of these procedures.

(d) Entry. The Administrator is hereby authorized to enter on and into and inspect all structures, accessory structures or premises subject to the provisions of this Code for the purposes of determining whether there is compliance with its provisions:

(1) Upon presentation of proper credentials, the Administrator may enter at reasonable times, any structure, accessory structure or premises in the Village to perform any duty imposed on him by this Code.

(2) If an owner or occupant shall refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the Administrator may seek in a court of competent jurisdiction, a warrant or that such owner or occupant cease and desist with such interference and/or granting necessary access by the Administrator to the subject property.

(e) Notice to Abate Violations.

(1) Whenever the Administrator determines that any structure, accessory structure, dwelling, dwelling unit, or premises thereof, fails to meet the provisions set forth in this Code or in applicable rules or regulations adopted pursuant thereto, he shall make reasonable effort to advise the owner or agent of the violation in person. In the event that personal contact cannot be made, the Administrator shall send by regular mail a notice stating the nature of the violation found and request personal contact by the owner or agent. In the event that the violation has not been corrected after personal contact or after fourteen days from the date of the mailing of notice required herein, no personal contact has been made, or whenever the Administrator determines that an emergency situation exists pursuant to subsection (h) hereof, a notice shall be issued either in person or by certified mail to the owner or agent that such violations must be corrected. This notice shall:

A. Be in writing.

B. Set forth the alleged violations of this Code or of applicable rules and regulations pursuant thereto.

C. Describe the structure, dwelling, dwelling unit, accessory structure or premises where the violations are alleged to exist or to have been committed, and include a description of the real estate sufficient for identification.

D. Be served upon the owner and/or agent of a structure, dwelling, dwelling unit, accessory structure or premises, personally or by certified mail, addressed to the last known place of residence or business of the owner, agent or authorized person in control. In all cases where a violation exists, the owner must be served with a copy of the order to abate violation by regular U.S. mail. Any notice of the Administrator of violations of subsection (f) hereof shall be made either personally or by certified mail. In the event notice cannot be effected by either of those two means, service may be made by publication in a newspaper of general circulation within the community.

E. Provide a stated reasonable time, not to exceed ninety days for the correction of any alleged violation, except a longer reasonable period of time will be allowed for exterior painting, concrete and roofing work or other corrections which cannot be properly completed in cold weather or for other good cause.

F. Shall state a time and place for an administrative hearing before the Hearing Officer.

(2) If one or more persons to whom such notice is addressed cannot be found after a diligent effort to do so, service may be made upon such person or persons by posting a notice on or about the structure, dwelling, dwelling unit, accessory structure or premises described in such notice.

A. The Administrator shall reinspect the property upon the expiration of the time set forth in such notice. The findings of the reinspection shall be supplied to the owner and/or agent or authorized person in control of the structure, dwelling, dwelling unit, accessory structure or premises.

B. If, upon reinspection, good cause has been shown why the alleged violations have not been corrected, the Administrator may extend the time to comply with the original notice.

(3) A. At the hearing, the person served with the notice of violation may present evidence to refute the necessity to perform the acts set forth in the notice to abate violations. The Code Administrator may also present evidence indicating why the notice was given.

B. At the conclusion of the hearing, the Hearing Officer may do one of three things:

1. Confirm the findings of the Administrator and provide a reasonable time period in which the property owner must abate the violation, beginning with the day subsequent to the hearing.

2. Refute the findings of the Administrator and revoke the work order.

3. Modify (or refute) any part of the work order, including reasonable time of completion.

C. The Hearing Officer shall make all findings in writing. A copy of such findings shall be delivered to the appellant either by certified mail or personal delivery.

D. Whenever the findings of the Hearing Officer require any person to perform any act, such findings shall constitute a notice to abate violations. Failure to comply with such notice shall constitute a violation of this section.

(4) The requirement that an individual abate a violation of this Code pursuant to this chapter shall not terminate by reason of sale of the property for which such violation has occurred unless the purchaser of the property:

A. Has received notice of the order to abate violations and the time period for the correction of the violations; and

B. Has agreed to assume the responsibility for repairing the violation.

(f) Structures Unfit for Human Habitation or Unsafe for Use.

(1) Should the Administrator, after conducting inspection pursuant to any provision of Section 1301.04(a), determine that a public nuisance as defined in Section 1301.02 exists and that the nature of such public nuisance requires its summary abatement, the Administrator shall be obligated to perform the following duties:

A. Cause photographs of the public nuisance to be made;

B. Contact the Fire Chief when appropriate;

C. Contact the County Health Department when appropriate;

D. Maintain written reports from the County Health Department, the Fire Chief and written reports made by the Code Administrator regarding the alleged public nuisance.

(2) When the Administrator has received all written reports regarding the alleged public nuisance, he shall then determine what person(s) is the titled owner of said property pursuant to the records in the Office of the County Auditor of Fulton County, Ohio. Upon determination of the ownership, the Administrator shall cause a notice to be served upon such person(s) either personally, by certified mail, or by leaving a copy at the usual place of residence, business or employment of such person(s).

(3) The Administrator shall determine from the Office of the County Recorder of Fulton County, Ohio any and all lienholders of the property as documented therein and shall cause a copy of the written notice sent to the owner of the premises to be served upon the lienholders by certified mail.

(4) The notice as sent forth in subsection (f)(2) and (3) hereof to the owner and lienholders of the property shall contain the following information:

A. The findings with respect to the existence of alleged public nuisance;

B. Steps necessary to abate the public nuisance;

C. That unless that owner shall cause the abatement of such public nuisance pursuant to the recommendation of the Administrator set forth in subsection B. hereof within seventy-two hours after service of the Village at the expense of such owner;

D. That the owner has a right to appeal such finding to the Board pursuant to Section 1301.04(g);

E. That the expense incurred may be certified on the tax duplicate of the individual property owners and addressed by the County Auditor and collected by the County Treasurer to satisfy the expense of abatement.

(5) In the event a structure, dwelling, dwelling unit, or accessory structure is declared unfit for human habitation or unsafe and in the judgement of the Administrator an emergency exists, the notice issued pursuant to subsection (f)(4) hereof shall state that the abatement of the public nuisance may include demolition of the structure or accessory structure.

(6) Whenever a structure, dwelling, dwelling unit, or accessory structure is declared unfit for human habitation or unsafe by the Administrator, the structure shall be vacated within a reasonable time as determined by the Administrator. No structure, dwelling, dwelling unit, or accessory structure which has been declared as unfit for human habitation or unsafe shall again be used until written approval is secured from the Administrator.

(7) Should any public nuisance not be abated at the expiration of the time stated in the notice or within such additional time as may be granted by the Administrator or the Board after appeal, the Administrator shall notify the Mayor and the Law Director in writing. The Mayor shall then direct the Administrator to take such steps as are necessary to abate the public nuisance found upon the premises. Such public nuisance may be abated by the use of whatever means are necessary and the Mayor may direct the Administrator to exercise whatever powers are necessary to abate the public nuisance. Should it be practicable, materials derived in the aforesaid abatement may be salvaged and sold at public or private sale for the best obtainable price. The Administrator shall keep an accounting of the proceeds thereof.

(8) The proceeds obtained from the sale of any materials salvaged as a result of an abatement of a public nuisance by the Administrator shall be deposited in the General Fund of the Village and any deficit between the amount so received and the cost of abatement may be levied as an assessment against and collected as any other assessment by the Village. Nothing contained within this provision shall be construed to limit any other method of collection or other remedy available to the Village in law or in equity to recoup the deficit aforementioned from the proper individual.

(9) In the event the proceeds of sale of such salvage material exceeds the cost of such abatement, the surplus shall be paid to the owner of the premises from which such public nuisance was abated when his or her proper claim thereof is established.

(10) In abating a public nuisance, the Administrator is authorized to call upon and use the resources of the Village of Delta, including each department therein, or may use private contract to cause the abatement thereof.

(g) Appeals.

(1) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code, or whenever it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner, or his duly authorized agent, may appeal from said notice of decision within fifteen days after such notice or decision has been served.

(2) To appeal any notice or decision, a person must pay the required fee and file with the Administrator and the Board a notice of appeal on forms approved by the Administrator. The Administrator shall forthwith transmit to the Board all documents upon which the actions appealed were taken.

(3) The decisions of the Board shall be final and binding. The decision of the Board shall be rendered within thirty days after the hearing except in cases involving abatement of a public nuisance. In such cases, the decision shall be rendered at the conclusion of the hearing. All of the decisions of the Board shall be promptly served upon the person making the appeal or their legal representative by certified mail, return receipt requested.

(4) Any individual making an appeal may file an appeal from the decision of the Board by filing a written complaint with the Court of Common Pleas of Fulton County, Ohio pursuant to Ohio R. C. 2506.01 et seq. Appeals from the decision of the Board must be filed with the Court of Common Pleas within seven days after the Board renders its decision.

(h) Emergencies. Whenever a condition exists which is an immediate threat to the health or public welfare and which, in the opinion of the Administrator, requires immediate action to protect the public health, safety or welfare, the Administrator may, without notice, conference or hearing, issue a notice directing the owner to take immediate action to correct or abate the emergency. Any such notice issued by the Administrator shall be witnessed by the Law Director or Mayor. Such notice shall be served upon the owner by the best available means.

(i) Penalty.

(1) Any person convicted of an offense under this Code is guilty of a misdemeanor of the third degree punishable by imprisonment not to exceed sixty days and a fine not to exceed five hundred dollars ($500.00).

(2) Each day such offense occurs or continues, shall constitute a separate offense for purposes of this Code.

(Ord. 95-1. Passed 2-20-95.)

1301.05 BASIC STANDARDS.

(a) Compliance.

(1) No person shall occupy, rent or lease any structure for any purpose which does not comply with the requirements of this Code.

(2) No owner or agent shall rent or lease or offer for rent or lease any dwelling unit, dwelling structure, or any part thereof which does not comply with the provisions of this Code.

(3) The occupancy of any dwelling unit shall be limited to one, and only one, family.

(b) General Requirements.

(1) All structures, accessory structures and all parts thereof, both exterior and interior, shall comply with the provisions of this Code and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.

(2) All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working notice pursuant to this Code.

(3) All required maintenance and/or repairs shall be performed in a workmanlike manner.

(1) The owner shall place or cause to be placed upon each structure or accessory structure the number or numbers which have been assigned to such structure or accessory structure by the Village of Delta.

(2) The cost of numbers shall be borne by the property owner. The numbers used shall be not less than three inches in height and shall be made of durable and clearly visible material.

(3) The numbers shall be conspicuously placed immediately above or at the side of the proper door of each structure or accessory structure so that the number can be seen plainly from the street line. Such number may be placed near the walk, driveway or common entrance to such structure or accessory structure, or upon a gate post, fence post, or other appropriate place so as to be easily discernible from the street.

(Ord. 95-1. Passed 2-20-95.)

1301.06 STRUCTURAL REQUIREMENTS AND CONDITIONS.

(a) General Requirements.

(1) No person shall occupy as owner-occupant, or let to another for occupancy, any structure, accessory structure or portion thereof which does not comply with the standards set forth in this chapter.

(2) All structures and accessory structures shall be maintained in good repair and free from health, safety and fire hazards.

(3) All repairs or corrections mandated by this Code shall be in a workmanlike manner.

(b) Foundation and Foundation Elements.

(1) Every foundation and foundation element shall be maintained in sound condition and in a good state of repair.

(2) Foundation elements shall adequately support the structure at all points.

(3) All missing or deteriorating foundation blocks must be replaced.

(4) Holes and/or cracks in foundation walls must be repaired.

(5) In every structure or accessory structure, cellars, basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure.

(6) The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads.

(1) Every exterior wall and exterior part shall be maintained in sound condition and in a state of good repair.

(2) Every exterior wall shall be free of holes, breaks, and any other condition which might admit rain, or dampness into the interior portion of the structure.

(3) All exterior parts of every structure shall be free of structural damage and weather-tight so as to resist decay or deterioration from any cause.

(4) All buckled, rotted or decayed exterior walls or parts of every structure shall be repaired or replaced.

(5) Gutters and downspouts shall be maintained in good repair. Splash guards of directional devices shall be provided to direct water away from the foundation of the structure.

(d) Interior Walls, Ceiling and Floors.

(1) All interior walls, ceilings, and floors shall be maintained in sound condition and in a good state of repair.

(2) Every bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(e) Roof and Elements.

(1) The roof shall be maintained in sound condition and in a good state of repair.

(2) Roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portions of the structure.

A. Holes and structural damage of the roof shall be repaired.

B. All missing shingles shall be replaced.

(3) Chimneys shall be free of holes or structural defects.

(4) Flashing on chimneys shall be maintained to prevent moisture from damaging the interior portions of the structure.

(f) Exterior Surface Condition. Any structure or accessory structure whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface is weathered, or has been impaired through substantial peeling or flaking of the paint or other protective coating shall be repaired, repainted and/or resurfaced.

(1) All exterior wood or exterior surfaces must be sealed and painted or surface covered with other approved protective coating or treated to prevent rot and decay.

(2) The provisions of this section shall not apply to exterior surfaces which are not designed by the manufacturer to be sealed, painted or otherwise covered.

(g) Stairs, Stairways and Exit Facilities.

(1) Exterior stairs and other exit facilities shall be adequately constructed for safety.

(2) Every outside stair, every porch and every appurtenance attached thereto shall be capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair.

(3) Handrails shall be provided on at least one side of exterior stairways of four or more risers and on any open side of interior stairways of four or more risers.

A. Open sides of stairs, porches, balconies or raised floor surface with a total rise of more than thirty inches above the floor or grade below shall have guardrails.

B. Every required handrail, guardrail and balustrade shall be firmly fastened and shall be maintained in good condition.

(h) Windows and Doors.

(1) Every window, exterior door and basement hatchway shall be substantially tight.

(2) Every window, exterior door, and basement hatchway shall be kept in sound condition and repair.

(3) Every window, exterior door, and basement hatchway shall afford protection against infestation.

(4) Every basement hatchway and window shall be so constructed and maintained as to prevent entrance of rain and surface drainage into the structure.

(5) Every window, exterior door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible.

(6) Every window sash shall be fully supplied with glass window panes or an approved substitute which is without open cracks or holes and tightly sealed with caulking or putty.

(7) Every window sash shall be in good condition and fit reasonably tight within this frame.

(8) Every exterior door, when closed, shall fit reasonably well within its frame.

(9) Every exterior door, door hinge and door latch shall be maintained in good condition.

(10) Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.

(i) Additional Standards for Multiple Dwellings.

(1) In multiple dwellings, every dwelling unit shall have direct access to a public stairway, hallway, corridor, or other means of egress without passing through any other dwelling unit, provided that where such multiple dwelling contains more than two dwelling units above the first story, the Administrator may require such additional means of egress as are, in his opinion, needed for the safety of the occupants of the structure.

(2) No premises which contains a dwelling unit shall be used for any other purpose unless the following conditions exist:

A. The other use is so located or arranged that it is not a health, safety or fire hazard to the residential occupant of the dwelling unit.

B. Such other use has approved toilet accommodations separate and apart from those provided for the residential occupant of the dwelling unit.

(3) All public hallways, corridors and stairways shall be provided with adequate natural or artificial illumination at all times.

(4) All other common areas, such as boiler rooms, laundries, basements, locker rooms, meter rooms, garages and cellars, shall be provided with electrical lighting facilities which, when in use, will provide adequate illumination.

(Ord. 95-1. Passed 2-20-95.)

1301.07 EXTERIOR PREMISES.

(a) Appearance. The exterior of structures shall be maintained so that the appearance of the premises and all accessory structures thereon shall reflect a level of maintenance in keeping with the standards of the immediate neighborhood so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the immediate neighborhood with the accompanying diminution of property values.

(b) Land Areas.

(1) All premises shall be graded or maintained so as to prevent the accumulation of stagnant water within any structure or accessory structure upon the premises.

(2) An owner or agent of any premises shall keep the land free and clear from all noxious weeds, tall grass and/or tall weeds.

(3) Lawns, hedges and/or bushes shall be kept from becoming overgrown and/or unsightly.

(4) Every owner or agent shall be required to cut all weeds and/or grass on the land as often as is necessary to prevent weeds and/or grass from exceeding six inches in height.

A. If the owner or agent fails to correct a violation as provided in an order of the Administrator within five days from receipt of such notice, the Administrator may cause the weeds and grass to be cut and removed or destroyed. All expenses and/or labor costs incurred shall be paid from the General Fund.

B. The Administrator shall certify the costs incurred to the Village Clerk of Council. The Clerk shall make a written report to the County Auditor of the charges which shall include the cost of mowing, the fees of any officer serving required notices, cost of sending or publishing notification and for obtaining a proper legal description of the premises, if necessary. These amounts shall be entered upon the County tax duplicate and shall thereby become a lien upon the premises from and after the date of entry and be collected as other taxes and returned to the Municipality for deposit within the General Fund.

(1) The owner or agent of any pond shall maintain such pond in a clean and sanitary condition as to prevent stagnation. This provision shall not include ponds used in the process of manufacturing.

(2) Private pools over 2,000 gallon capacity must be equipped with a filtering system which is maintained in good working order.

(d) Garbage. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of garbage.

(e) Rubbish or Junk. The exterior property areas shall be free from rubbish placed at or on the premises in such a manner as to be patently unsightly, grotesque, or offensive to the senses or which may deteriorate or debase the appearance of the neighborhood; reduce property values in the neighborhood; create a fire, safety or health hazard, or that which is a public nuisance including but not limited to the following:

(1) Broken or dilapidated fences, walls or other such structures.

(2) Out of use or non-usable appliances.

(3) Broken, dilapidated, or unusable furniture, mattresses, or other household furnishings.

(4) Miscellaneous materials, paints, coverings or junk.

(5) Tree branches, logs, or any fire wood unless stacked in an orderly manner.

(f) Residential Porches.

(1) No open porch exposed to public view shall be used for storage purposes.

(2) All enclosed porches exposed to public view shall be kept free of foreign substances unless such areas are first screened from public view by drapes, venetian blinds or other rendering of the windows to make them opaque to the public view.

(g) Additional Standards for Nonresidential Premises.

(1) All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use, shall be maintained in good repair.

A. Any signs which have weathered or are faded, or those upon which the paint has peeled or cracked shall, with their supporting members, be removed or put into a good state of repair.

B. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed.

(2) All windows exposed to public view shall be kept free of foreign substances, except when necessary in the course of changing displays.

A. No storage of materials, stock or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view unless such areas are first screened from the public view by drapes, by venetian blinds, or by other permanent rendering of the windows to make them opaque to the public view.

B. All screening of interiors shall be kept clean and in a good state of repair.

(3) All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or a nuisance.

(4) Any awning or marquee and its accompanying structural members which extend over any street, sidewalk, or other portion of the premises shall be maintained in good repair so as not to constitute a nuisance or a safety hazard.

A. In the event such awnings or marquees are not properly maintained, they shall, together with their supporting members, be removed.

B. In the event such awnings or marquees are made of cloth, plastic, or similar materials, such cloth or plastic, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, gross discoloration, ripping, tearing or other holes.

C. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain.

(Ord. 95-1. Passed 2-20-95.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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