(a) Purpose and Intent. Regulations for protecting the public health, safety and welfare are set forth in this chapter. This chapter shall insure the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, and conditions of all residential and nonresidential premises; by fixing certain responsibilities and duties upon owner, agent, operator, occupant, firm or corporation having a legal or equitable interest in the property, including a guardian of the estate of such person, if ordered to take possession of the real property by a court; by authorizing and establishing procedures for the inspection of residential and nonresidential premises; and by fixing penalties for violations of this Code. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. This Code is hereby declared remedial and essential for the public interest and it is intended that this Code be liberally construed to effectuate the purposes stated herein.
(b) Definitions. As used in this chapter:
(1) "Abandoned vehicle" means a vehicle which:
A. Is inoperable, is more than five years old, and has been left unattended on private property for more than 14 days;
B. Has remained on private property without the consent of the owner or person in charge of the property for more than 14 days; or
C. Has been left outside, unattended on private property for more than 30 days.
(2) "Accessory structure" means a subordinate structure customarily incidental to, detached from and located upon the same lot occupied by the principal structure or use, including, but not limited to, sheds, garages, and play equipment.
(3) "Basement" means a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
(4) "Bathroom" means a room containing plumbing fixtures including a bathtub, toilet, urinal, water closet or shower.
(5) "Bedroom" means any private room in a dwelling suitable for regular use for sleeping purposes. Bedrooms include dens, studies, or libraries but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms, and mud rooms. Any room designated as other than a bedroom, but that in the judgment of the Building Commissioner would normally be usable for sleeping purposes, shall be considered a bedroom.
(6) "Blighted" or "deteriorated" as it refers to "blighting" or "deteriorating" influences, factors and conditions within this Code means the condition of any structure or land, except property used for agricultural purposes, in a predominantly built-up neighborhood:
A. Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;
B. Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
C. Which, because it is dilapidated, unsanitary, unsafe, vermin- infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated as unfit for human habitation by the Building Commissioner;
D. Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
E. From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
F. Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
G. Which has been tax delinquent for a period of at least three years; or
H. Which has not been rehabilitated within the time constraints placed upon the owner by the Building Commissioner.
(7) "Building" See "Structure".
(8) "Building Commissioner" means the official certified by the Ohio Board of Building Standards to operate the Evendale Building Department, or any duly authorized representative or designee.
(9) "Code" means this Chapter 1468, Property Maintenance Code.
(10) "Commercial vehicle" means any of the following:
A. Any vehicle exceeding 8,800 pounds gross vehicle weight; or
B. A passenger van designed to transport ten or more individuals, regardless of its weight.
(11) "Deterioration" means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
(12) "Driveway" means a roadway-like path with a surface of concrete or asphalt for the ingress and egress of vehicles from the right-of-way to a parcel (but which is not the parking areas of a business).
(13) "Evendale Zoning Code" means Part Twelve, Title Four of the Evendale, Ohio Code of Ordinances.
(14) "Exposed to public view" means any premises or any part thereof, or any building or any part thereof, which may be viewed by the public, or any member thereof, from a sidewalk, street, alleyway or open air parking lot, or from the area of any adjoining or neighboring premises.
(15) "Exterior of the property" means the open space of any premises outside of any building erected thereon.
(16) "Exterior property" means the open space on the premises and on adjoining property under the control of the owners or operators of such premises.
(17) "Family" means one of the following:
A. One person;
B. Two or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in a residence;
C. Two unrelated persons and their children living together as a single housekeeping unit in a residence; or
D. A group of not more than four unrelated persons living together as a single housekeeping unit.
(18) "Fire hazard" means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguish-ing fire, or which may obstruct, delay or hinder or may become the cause of obstruction, a delay or a hindrance to the prevention, suppression or extinguishment of fire, or any other fire hazard defined in these Codified Ordinances.
(19) "Front yard" see "Yard, front".
(20) "Habitable space" means a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
(21) "Impassable" means a private driveway or improved easement is impassable when because of age, neglect, deterioration or disaster—natural or manmade—the private driveway or improved easement will no longer safely support motor vehicular traffic of the type necessary to provide police and fire/paramedic service to any one of the premises served by the private driveway or improved easement. It is prima facie evidence that a private driveway or improved easement is impassable when it does not meet the standards required for private and public fire lanes as specified in the Village of Evendale Fire Code.
(22) "In danger of becoming impassable" means a private driveway or improved easement is in danger of becoming impassable if, in the opinion of the Building Commissioner, the private driveway or improved easement is more likely than not to become impassable within the next 60 days.
(23) "Infestation" means the presence, within or contiguous to a structure or premises, of vermin.
(24) "Landscaping" means the improvement of a lot, parcel or tract of land with grass, shrubs, and trees. Landscaping may include, but is not limited to: pedestrian walks; flower beds; and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
(25) "Let or rent/lease for occupancy" means to permit, provide or offer possession or occupancy of a dwelling, premises or structure to a person or persons who are not the legal owner of record thereof, pursuant to a written or unwritten agreement or contract, recorded or not.
(26) "Motor vehicle" means every vehicle intended to be propelled or drawn by power other than muscle power including, but not limited to, automobiles, trucks, trailers, boats, construction equipment, buses, and tractors.
(27) "Nonresidential" means any parcel of land within the Village that does not fall within the definition of "Residential".
(28) "Occupant" means any person living or sleeping in a building; or having possession of a space within a building.
(29) "Operator" means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(30) "Owner" means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(31) "Parcel benefitted by" means that a parcel is "benefitted by" a private driveway or improved easement if the owners, occupiers, tenants or users of said parcel have used said private driveway or improved easement for access to that parcel on any date in the preceding calendar year. It is prima facie evidence that such use occurred if (1) the private driveway or improved easement provides the sole means of motor vehicular ingress and egress to said parcel; or (2) there exists on said parcel a driveway that connects to the private driveway or improved easement that is subject to the order in some manner to a public street or thoroughfare of the Village of Evendale.
(32) "Parked vehicle" means any operable vehicle that does not fit the definition of "stored vehicle".
(33) "Plumbing" means and includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
(34) "Premises" means a lot, plot or parcel of land, whether vacant or including any structures thereon.
(35) "Private driveway" means the full width of an easement with a part thereof being paved as a private drive and not dedicated to the Village for public use, providing access to residential or other abutting property from the right-of-way to a parcel or parcels where approved to be constructed as a private drive in lieu of a dedicated street.
(36) "Recreational vehicle" means any vehicle or boat originally designed for recreation or human habitation, including, but not limited to, the following:
A. "Boat." Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle.
B. "Camper trailer." A folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use.
C. "Motorized home." A temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicle.
D. "Off-the-road vehicle." A vehicle intended principally for recreational use off of roads where state vehicle licenses are required, such as a dune buggy, go-cart, snowmobile, or aircraft.
E. "Racing car" or "cycle." A vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
F. "Travel trailer" or "trailer" means a vehicle without its own motor power that is designed to transport other vehicles, equipment and objects, and that is eligible to be licensed or registered and insured for highway use.
G. "Truck camper." A structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses. When mounted on a truck, such a structure and the truck shall together be considered one vehicle.
H. "Van." A general term applied to a non-commercial motor vehicle licensed by the State of Ohio as a recreational vehicle.
(37) "Residential" means any parcel of land that includes a single-family dwelling intended primarily for use as a residence, or any vacant parcel platted for one single-family dwelling.
(38) "Side yard" see "Yard, side".
(39) "Stored" as pertaining to "vehicles" means any operable vehicle that remains on premises for greater than 24 hours during any time Monday through Friday, or greater than 72 hours from Friday to Monday. All inoperable vehicles located on premises are considered "stored vehicles."
(40) "Structure" means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including driveways, patios, and other similar structures.
(41) "Vehicle" means a device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices moved by human power, such as bicycles. (For the purposes of this chapter only, "vehicle" does not include "recreational vehicle," "commercial vehicle," or "trailer.")
(42) "Vermin" means animals, insects, and other organisms whose presence in, on, or around a premises constitute or have the potential to constitute a health hazard, and include, but are not limited to, rats, mice, birds, roaches, etc.
(43) "Workmanlike" means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
(44) "Yard, front" means the area between a front lot line and the building line. Where no structure exists, it is considered that area between the front lot line and the front setback line. A corner lot must have two front yards and two rear yards opposite those front lot yards.
(45) "Yard, rear" means the area between a rear lot line and the rear building line. Where no structure exists, it is considered that area between the rear lot line and the rear setback line. In the case of a corner lot, there will be two rear yards opposite the two front yards.
(46) "Yard, side" means any yard between a lot line and a building line which is not considered a front or rear yard. Where no structure exists, it is considered that area between the side lot lines and the side setback lines.
(Ord. 16-78. Passed 12- 13-16.)