(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.
(c) Certificate of Necessity.
(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.)