(a) Responsibilities.
(1) No person shall occupy as owner-occupant or let or permit to be occupied or let by another any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements set forth in this Housing Code.
(b) Contents and Service of Notice of Violation. Whenever the Housing Inspector determines that there is a violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible therefor. Such notice shall:
(1) Be in writing.
(2) Include a statement of the reasons why it is being issued, with references to the appropriate code sections being violated.
(3) Prescribe the action which must be taken by the violator to correct the violation or violations.
(4) State a reasonable deadline for correcting the violation which shall not exceed ninety days. However, when the painting of a substantial portion of a residential structure is required, or when masonry, concrete or carpentry work is required to correct a violation, the Director of Building and Zoning may, at his discretion, allow a period for compliance not to exceed one year.
(5) Inform the violator of his right to appeal the order to the Board of Zoning Appeals.
(6) Be served upon the violator through one of the following methods:
A. Personal service. Personal service is accomplished when a copy of the notice is placed in the hand of the violator. If the violator refuses to grasp the notice in his hand, it may be dropped at his feet while the server advises the violator that he is being served with a copy of a notice of violation of the Housing Code of the City of Grandview Heights.
B. Certified mail, return receipt requested. The notice may be sent to the violator at the violator’s last known residence or place of business by certified mail, return receipt requested. A copy of the notice may, at the discretion of the Director of Building and Zoning, also be posted in a conspicuous location upon the premises being cited.
C. Ordinary mail. If certified mail is returned refused or unclaimed, a copy of the notice may be sent by ordinary mail to the violator’s last known residence or place of business. The certified mail envelope which was returned refused or unclaimed shall be kept in the appropriate file for use as evidence.
D. Leaving notice at violator’s last known address. A copy of the notice may be left at the last known residence or place of business of the violator, in the presence of a family member or other responsible person of suitable age and discretion. Such person must be informed of the general nature of the notice.
(c) Additional Powers of Director of Building and Zoning. The Director of Building and Zoning is hereby authorized to utilize either City personnel or contract with private businesses to correct any noted violation or violations which have not been corrected by the person or persons properly served with a notice of violation in accordance with the deadline set forth in any such notice or pursuant to any extension of time granted by the Director of Building and Zoning. The cost of so effecting correction of noted violations by the Director of Building and Zoning shall be reported to Council and upon Council’s approval shall be returned by the Director of Finance to the Franklin County Auditor for inclusion upon the tax duplicate for collection, all in accordance with Ohio R.C. 731.51 et seq.
(Ord. 97-32. Passed 11-3-97.)
(d) Emergency Orders.
(1) Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the public health and safety or the health and safety of any person, he may issue an order reciting the existence of such an emergency and requiring that such action as he deems necessary be taken to meet the emergency. Notwithstanding the other provisions of this Housing Code, such order shall be effective immediately and complied with immediately.
(2) If necessary to protect the public health and safety or the health and safety of any person where an emergency exists in an occupied building, the Housing Inspector shall order that the premises be vacated forthwith and further that they shall not be reoccupied until the conditions causing the emergency to exist have been abated and approved by the Housing Inspector.
(3) In cases where it reasonably appears that there is imminent danger to the public health and safety or the health and safety of any person unless the emergency condition is immediately corrected and if after reasonable attempts to notify the owner it appears that the owner will not or cannot immediately correct the condition, the Housing Inspector may cause the immediate abatement, including building demolition, of such emergency condition. The Housing Inspector shall further cause the cost of such abatement to be charged against the land on which the building exists as a municipal lien or to be recovered in a civil suit against the owner.
(e) Retaliatory Eviction. No owner, or person having control, of any premises regulated by this Code shall institute any action to recover possession of the premises or otherwise willfully cause a tenant to quit a habitation involuntarily, demand an increase in rent from a tenant, decrease services to which a tenant has been entitled, or increase the obligations of a tenant, in retaliation against a tenant's good faith complaint or report of conditions in, or affecting his dwelling unit which might reasonably be believed to constitute a violation of a housing, building, health, or other code or ordinance made to a governmental authority or to the owner. Provided, however, that this subsection shall not apply:
(1) Where it is established that the tenant has complained to a governmental authority or to the owner subsequent to the receipt of a written notice to leave the premises; or
(2) Where the rent is increased to reflect the cost of improvements installed in or about the premises other than by the occupant or other costs of operation of the premises.
(f) Fire Insurance Claim.
(1) No insurance company doing business in the State of Ohio shall pay a claim of a named insured for fire damage to a structure located within the City where the loss agreed to between the named insured or insureds and the company or companies is more than five thousand dollars ($5,000) and equal or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the structure unless there is compliance with subsection (f)(2) and (3) hereof.
(2) The insurance company or companies in accordance with Division (F) of Ohio R. C. 715.26 shall transfer from the insurance proceeds to the Mayor in the aggregate one thousand dollars ($1,000) for each twenty thousand dollars ($20,000), and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor's signed estimate of the costs of removing, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.
Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or other structure.
(3) Upon receipt of proceeds by the Mayor as authorized by this section, the Mayor shall deposit same with the Finance Director who shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing, or securing the building or structure incurred by the City pursuant to Ohio R. C. 715.261.
A. When transferring the funds as required in this subsection, an insurance company shall provide the Mayor with the name and address of the named insured or insureds, whereupon the Mayor shall contact the named insured or insureds, certify that the proceeds have been received by the City and notify them that the following procedures will be followed:
B. The fund shall be returned to the named insured or insureds when repairs, or removal, or securing of the building or other structure have been completed and approved by the Mayor, if the City has not incurred any costs for such repairs, removal, or securing. If the City has incurred any costs for repairs, removal, or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the City shall transfer the remaining funds to the named insured or insureds. Nothing in this subsection shall be construed to limit the ability of the City to recover any deficiency under Ohio R. C. 715.261.
C. Nothing in this subsection shall be construed to prohibit the City and the named insured or insureds from entering into agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.
(g) Penalties.
(1) Whoever violates any provision of this Housing Code is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days or both. Each day that any such person continues to violate any of the provisions of this Housing Code shall constitute a separate and complete offense. Receipt of notice under Section 1331.04(b) shall not be a prerequisite for prosecution for any violation of this Housing Code, providing a diligent effort was made under its provisions.
(2) Whoever violates any provision of any rules or regulation adopted by the Housing Inspector pursuant to authority granted by this Housing Code is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty day or both. Each day that any such person continues to violate any rule or regulation adopted by the Housing Inspector pursuant to authority granted by this Housing Code shall constitute a separate and complete offense.
(3) Regardless of the penalty otherwise provided in this subsection, an organization convicted of a violation of the Grandview Heights Housing Code, a misdemeanor of the third degree, shall be fined not more than three thousand dollars ($3,000).
(h) Civil Penalty. The violation of, or failure to comply with any of the provisions of this Housing Code is declared to be unlawful and in addition to any other remedy is subject to the following civil penalty:
(1) Any person who violates or fails to comply with any of the provisions of this Code or fails to bring property in compliance with this Code following the issuance of an order by the Housing Inspector shall be subject to a penalty of ten dollars ($10.00) per violation per day. The penalty provided herein shall be calculated for each violation from the day set forth in the notice of violation when compliance should have been affected and will run until the violation has been removed.
(2) On the date established for compliance, the Housing Inspector shall reinspect the property to determine whether the violation or violations contained in the notice of violation have been removed. If the Housing Inspector is unable to reinspect the property on the compliance date set forth in the notice of violation, then the person served with the notice of violation may serve upon the Housing Inspector an affidavit setting forth facts showing compliance with the notice of violation and such affidavit shall serve as notice of compliance unless upon inspection of the Housing Inspector it is found that any or all of the violations set forth in the notice remain wholly uncorrected. If the violation or violations are found to be wholly uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from the date when compliance should have been effected.
(Ord. 89-21. Passed 5-1-89.)