1909.35 NUISANCE.

        "Nuisance" or "Public Nuisance" means any underground container or storage tank, fence, wall, garage, shed, house, lot, building, structure, tree, pole, smoke stack, excavation, basement, cellar, well, cistern, sidewalk subspace, walks, driveways, terrace steps or parts thereof, which has any or all of the conditions or defects hereinafter described:

        (a)    The following conditions or defects shall constitute a public nuisance when they endanger the life, health, property, safety, or welfare of the public, or of any current or prospective occupants:

      (1)   Whenever the property is a deteriorating and blighting influence on nearby properties by reason of continued vacancy and a lack of reasonable or adequate maintenance of structures and grounds.

      (2)   Whenever the property is vacant and is not secured in the manner required pursuant to Section 1905.19.

      (3)   Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

      (4)   Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or as defined by statute.

      (5)   Whenever any building or structure is determined to be a fire hazard.

      (6)   Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

      (7)   Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, is determined to be unsafe for occupation due to the lack of:

                        A. Structural strength;

                        B. Fire-resisting qualities or characteristics; or

                        C. Weather-resisting qualities or characteristics required by law.

               (8)    Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the applicable Building Code or the Housing Code, or of any law or ordinance of this state or city relating to the condition, location, or construction of buildings.

              (9)    Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

                       A.    An attractive nuisance to children;

                        B.    A harbor for vagrants, criminals or immoral persons; or as to

                        C.    Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

              (10)    Whenever the building or structure, exclusive of the foundation, because of inadequate maintenance, dilapidation, decay, faulty construction or arrangement, suffers damage or deterioration of its supporting member or members, or damage or deterioration of its non-supporting members, enclosing or outside walls or coverings, such that said condition endangers the life, health, property, safety, or welfare of the public, or of any current or prospective occupants.

             (11)    Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

             (12)    Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

             (13)    Whenever the building or structure, or any portion thereof, because of:

                       A.    Dilapidation, deterioration or decay;

                        B.    Faulty construction;

                       C.    The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

                        D.    The deterioration, decay or inadequacy of its foundation; or

                        E.    Any other cause;

         is likely to partially or completely collapse.

            (14)    Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is reasonably safe.

            (15)    Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the applicable Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the applicable Building Code for such buildings.

            (16)    Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

            (17)    Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the applicable Building Code for new buildings of similar structure, purpose or location.

            (18)    Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the applicable Building Code for new buildings of similar structure, purpose or location.

            (19)    Whenever the walking surface of any aisle, passageway, stairway or other element of a means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

            (20)   Whenever any door, aisle, passageway, stairway or other element of a means of egress is not of sufficient width or size or is not so arranged as to provide safe and adequate means of egress and creates a serious hazard.

        (b)    The following conditions shall constitute a public nuisance:

      (1)    That which is defined as a nuisance in Ohio Revised Code section 3767.01(c), which is incorporated herein by reference and made a part hereof.

      (2)    Property, including vacant land, on which a felony violation of Ohio Revised Code Chapters 2925 or 3719 occurs, regardless of whether there has been a conviction for said violation.

                        (Ord. 2022-4-26. Passed 4-13-22; Ord. 2023-9-82. Passed 9-27-23.)