1937.03 RESPONSIBILITIES OF OWNER, OPERATOR AND OCCUPANT.

   (a)   The owner, operator, and occupants shall have all duties and responsibilities prescribed in this chapter, individually, and jointly and severally.

   (b)   The owner, operator, and occupants shall monitor the frequency and adequacy of maintenance to assure on-going compliance with the provisions of this chapter.

   (c)    If the owner of any non-residential improved real estate is not a resident of Butler County, Ohio, and is not responsive to notices, such owner shall be required to designate and file with the City Manager, and/or his or her designee, the name, address, and telephone number of an accessible agent for the purpose of receiving all notices of inspection, orders or otherwise from the City relative to such improved real estate.

   (d)   Service of notice upon such agent, as described in subsection (c) herein, shall be deemed to be notice upon the owner.

   (e)    Any such notice upon such agent, as described in subsection (c) herein, shall also be sent by United States certified mail or commercial carrier service to the last known address of the owner.

   (f)   Notice may also be posted in a conspicuous place on the property to which it relates.

   (g)    No person shall remove or deface such posted notice without the written permission of the City Manager, and/or his or her designee.

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

1937.04 NON-RESIDENTIAL PROPERTY TO BE FREE OF NUISANCES.

         All non-residential property shall be kept free of public nuisances.

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

1937.05 GENERAL MAINTENANCE REQUIREMENTS.

           (a)    All non-residential buildings and structures, and all parts thereof, shall be structurally sound, maintained in good repair and in a sanitary condition, and shall be capable of performing the function for which such building, structure, or part thereof was designed or intended to be used.

        (b)    All equipment and facilities appurtenant to a non-residential building or structure shall be structurally sound, maintained in a good and safe working order, and be in a sanitary condition.

   (c)   No non-residential structures may be structurally altered without first obtaining a building permit.

   (d)    Where required under the Zoning Code, any alteration, construction, reconstruction, erection, removal, or exterior work to any non-residential structure located within the Historic District, shall be approved in advance by the Architectural Design Review Board.

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

1937.06 SPECIFIC MAINTENANCE REQUIREMENTS.

       (a)   Exterior Building Maintenance.

      (1)    Street Numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All street numbers shall be in Arabic numerals at least four (4) inches high and one-half (0.5) inch stroke.

              (2)   Structural Members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads.

      (3)    Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats.

      (4)    Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials, and shall be weatherproofed and properly surface coated where required to prevent deterioration.

                        A.    The exterior of every building and structure shall be free of obsolete hardware and fixtures.

                        B.    Any exterior painted surfaces which are altered by repairs or structural alterations shall be repainted.

       (5)    Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair, with proper anchorage, and in a safe condition.

               (6)    Overhang Extensions. All canopies, marquees, signs, metal awnings, stairways, fire escapes, sandpiper exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or a similar surface treatment.

            (7)    Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained in a structurally safe and sound manner and be kept in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or a similar surface treatment.

                (8)    Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

               (9)    Windows and Doors. Exterior windows and doors, whether transparent, translucent, or opaque, shall be kept in good repair, clean and free of marks, cracks, breaks, soap, wax, and other foreign substances.

                        A.    Windows and doors shall be secured in a tight-fitting and weather proof manner, shall be easily operable, and all windows shall be capable of being held in position by window hardware.

                        B.    No exterior windows shall be permanently removed or enclosed, covered or boarded up, unless treated as an integral component of the facade using materials and detailing compatible with the building facade and style in general.

             (10)    Insect Screens. During the period from May 1 to October 1, every door, window, and other outside opening utilized or required for ventilation purposes, serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch, and every swinging door shall have a self-closing device in good, working condition. Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans, are employed.

              (11)    Basement hatchways. Every basement hatchway shall be maintained so as to prevent the entrance of rats, rain, and surface drainage water.

               (12)    Guards for basement windows. Every basement window that is openable shall be supplied with rat-proof shields, storm windows, or other approved protection against the entry of rats.

               (13)    Posters and Graffiti. The exterior of all buildings and structures shall be free from all posters, handbills and graffiti.

               (14)    Scaffolds. Exterior painting scaffolds or other temporary equipment used for construction, repair, or maintenance, shall be maintained in good repair and shall be removed when the project is suspended for fourteen (14) days or more and immediately upon completion of the project.

   (b)    Roofs and Drainage.

      (1)     Roofs shall be maintained in good repair and free of trash, debris, and any other materials that are not a permanent part of the building or a functional element.

      (2)    Any false roof, mansard, like-roof element, or other auxiliary structure on the roof, shall be maintained in good repair and finished in a manner compatible with the exterior of the building.

               (3)    The roof and flashing shall be sound, tight and not have defects that admit rain.

               (4)    Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.

               (5)    Roof water shall not be discharged in a manner that creates a public nuisance.

    (c)   Interior of Buildings.

               (1)    The interior of a structure and all equipment therein shall be maintained in good repair, shall be structurally sound, and shall be kept in a sanitary condition.

               (2)    Structural members. The supporting structural members of every structure shall be maintained in a structurally sound manner and be capable of supporting the imposed loads.

               (3)    Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition.

               (4)    Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

              (5)    Lead-based paint. Interior and exterior painted surfaces of all business facilities, including fences and outbuildings, are required to follow all Federal, State, and Environmental laws regarding lead-based paint.

                        A.    Should any lead-based paint on the property be removed or covered, it must be done in an approved manner.

                        B.    Any surface to be covered shall first be marked with warnings as to the lead content of such surface.

            (6)    Asbestos. Both the interior and exterior of all business facilities, including fences and outbuildings, are required to follow all Federal, State, and Environmental laws regarding asbestos.

                  A.    Should any asbestos on the property be removed or covered, it must be done in an approved manner.

      (7)    Stairs and railings. All interior stairs and railings shall be maintained in a structurally sound condition and in good repair, with proper anchorage, and capable of supporting the imposed loads.

            (8)    Handrails and guards. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

           (9)    Storage and display. All window displays and screening of interiors as backdrops shall be maintained in good repair and in a clean and attractive manner.

            (10)    Infestation. The interior of every structure shall be free from insect, rodent, and/or vermin infestation.

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

1937.07 GROUNDS.

           (a)   Accessory Structures. All accessory structures, including fences and fence-like structures, located on exterior property areas, shall be kept:

               (1)    In good repair and be free from holes, breaks, loose or rotting materials, and shall be weatherproofed and properly surface coated where required to prevent deterioration; and

                        A.    As pertaining to fences and fence-like structures:

                           (i)    No section(s) of the fence or fence-like structure shall be missing; and

                           (ii)    No section(s) of the fence or fence-like structure shall be broken; and

                             (iii)    If the fence or fence-like structure is painted, the paint shall be maintained free of peeling or chipping paint.

                (2)    Free from health, fire, and accident hazards; and

               (3)    Free from vermin, insect, and rodent harborage.

   (b)    Exterior Property Areas.

            (1)    All exterior property shall be maintained in a clean, safe, and sanitary condition.

            (2)    Exterior property areas shall be free of excessive vegetation, weeds, trash, and debris.

            (3)    Grading and drainage. All exterior property shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water, including accumulation within structures, with the exception of water retention areas and reservoirs approved by the City Engineer.

            (4)    Exhaust vents. Pipes, ducts, conductors, fans, and/or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particular wastes directly upon abutting or adjacent public or private property.

            (5)    Structures and equipment, including curbs, guardrails, signs, light fixtures and poles, garages, fences, and walls, shall be maintained in good repair.

                        A.    Structures and equipment which are deteriorated or obsolete shall be removed or replaced.

      (6)   Paved grounds and parking areas. Paved grounds, including parking areas, shall be maintained in good repair, free of debris, chuck holes, loose asphalt, loose concrete, and vegetation.

                  A.    Except as provided for by the City of Hamilton Zoning Code, parking areas are to be paved and shall be marked with appropriate traffic control markings and islands.

                  B.    Striping and markings shall be clearly visible to pedestrians and operators of vehicles.

            (7)    Stairs. All stairs and handrails shall be structurally sound and capable of supporting normally imposed loads.

            (8)    Rat harborage. All structures and exterior property areas shall be kept free from rat infestation.

                  A.    Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health.

                 B.    After extermination, proper precautions shall be taken to prevent re-infestation.

            (9)    Motor vehicles. No motor vehicle or trailer that does not bear current, valid, state license plates, and that is not owned or leased by the owner or operator of the subject non-residential property, nor any boat, aircraft, or camper, shall, at any time, be kept or stored on non-residential property for more than thirty (30) days, without being kept or stored in a structure with at least three (3) sides. Neither a carport nor a fence meets the above requirement that motor vehicles, boats, aircraft, campers, or trailers be kept or stored in a structure with at least three (3) sides.

                      A.    Exception: A vehicle of any type, boat, aircraft, camper, or trailer, is permitted to undergo mechanical repair and body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

                         B.    Exception: Motor vehicles, boats, aircraft, campers, and trailers are permitted in impound lots:

                            (i)    Operated by the City, or

                            (ii)    Used in connection with the operation of the Police Department, and/or

       (iii) Otherwise approved by the City.

         C.    Notice of Violation and Order to Remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the City Manager, and/or his or her designee, shall give, or cause to be given, notice of the violation to the person responsible therefore and order that the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) be removed to a place of lawful storage or into a structure with at least three (3) sides within five (5) days of receipt of the notice of violation. The City Manager, and/or his or her designee, shall also give, or cause to be given, written notice of the violation and order to remove to the registered owner of the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s). Written notice shall be by United States certified mail return receipt requested, commercial carrier service, or by personal service.

                        D.    Removal by City.

                           (i)    In addition to, and not in lieu of any other procedure or penalty prescribed in this section or in the Traffic Code for removal of abandoned motor vehicles from private property, if the person responsible for the violation of this section, or the registered owner of the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s), fails, neglects, or refuses to remove the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) in accordance with the notice given by the City Manager, and/or his or her designee, pursuant to the provisions of this section, the Manager, and/or his or her designee, may remove the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) in any manner authorized by state law. In addition to any other penalty authorized by law, the person responsible for the violation of this section shall be assessed any costs incurred by the City in removing the motor vehicle(s), boat(s), aircraft, camper(s), or trailer(s) from the property.

                           (ii)    Right of Entry.

                                   1.    The City Manager, and/or his or her designee, any contracting agent of the City and employee of such contracting agent, and/or authorized officer, employee or agent of the City, are hereby expressly authorized to enter upon the subject property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow them to enter upon private property for such purpose.

                          2.    Any person to whom notice of violation was given pursuant to subsection (C) hereof shall have the right to remove or house such motor vehicle, boat, aircraft, camper, or trailer in accordance with such notice at his expense at any time prior to the arrival of the City Manager and/or his or her designee, for the purpose of removal.

               (10)    Graffiti. All surfaces, including but not limited to, walls, fences, parking lots, sidewalks, curbs, furniture and equipment, signs, and dumpsters shall be maintained free of graffiti.

   (c)    Landscaping.

           (1)    Grounds which are unpaved shall be landscaped with a healthy stand of grass, appropriate ground cover, rocks, or other appropriate, approved material as determined by municipal ordinance.

           (2)    Trees, shrubs, ground cover, grasses, and other landscape materials shall be maintained.

            (3)    Landscape materials which die or are damaged shall be replaced with similar vegetation, and shall comply with the approved site plan, if any.

            (4)    No landscaping shall impede vehicular or pedestrian traffic.

   (d)   Sidewalks and Tree Lawns.

               (1)   Sidewalk and tree lawns shall be maintained in good repair and free from hazardous conditions.

                        A.    Sidewalks shall be kept clean.

                        B.    Sidewalks and tree lawns shall be free of excessive vegetation, trash, and debris.

               (2)    Free standing objects, including but not limited to, trash receptacles, vending machines, and benches, shall be maintained in good repair and free of trash, debris, and excessive vegetation.

     (e)    Rubbish and Garbage.

      (1)   All exterior property, and the interior of every structure, shall be free from any accumulation of rubbish or garbage, such that causes a health hazard or public nuisance.

      (2)    The outside storage of any equipment, materials, and/or merchandise shall be in accordance with the requirements of the Zoning Code and all other applicable City ordinances, including the Fire and Health Codes.

      (3)    Dumpsters shall be maintained in good repair and free from rust and damaged components.

                  A.    Areas surrounding dumpsters shall be free from trash, debris, and excessive vegetation.

                  B.    Dumpsters shall be of adequate size to hold all garbage and rubbish with a closed cover.

                  C.    Covers shall remain closed at all times except when filling and emptying.

                  D.    Dumpsters shall be located in an appropriate place so as not to impede pedestrian or vehicular traffic.

                E.    Dumpsters shall be located on a solid, non-earth surface that is capable of being cleaned.

            (4)   Rubbish or garbage kept or disposed of in violation of the City Health Code shall be deemed to be a public nuisance.

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

1937.08 LIGHT AND VENTILATION.

       (a)    Light.

              (1)    All spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, the safe occupancy of the space, and utilization of the appliances, equipment, and fixtures.

   (b)    Ventilation.

            (1)    Where injurious, toxic, irritating, or noxious fumes, gases, dusts, or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source.

         A.    Air shall be exhausted to the exterior and not be recirculated to any space.

      (2)   Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions.

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

1937.09 PLUMBING FACILITIES AND FUTURE REQUIREMENTS.

       (a)    The requirements listed herein for plumbing facilities represent minimum requirements; where applicable, the requirements of the applicable Building Code shall govern.

      (1)    A minimum of one (1) water closet, one (1) lavatory, and one (1) drinking facility shall be available to employees.

      (2)    Toilet facilities shall be located not more than one (1) story above or below the employees' regular working area and the path of travel to such facilities shall not exceed five hundred (500) feet.

      (3)    Toilet rooms and bathrooms shall provide privacy.

      (4)    Drinking facilities shall be at least one of the following:

            A.    Drinking fountain, or

                  B.    Water cooler, or

                  C.    Bottled water cooler, or

                  D.    Disposable cups next to a sink or water dispenser.

      (5)    Drinking facilities shall not be located in toilet rooms or bathrooms.

   (b)    Plumbing Fixtures.

               (1)    All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks, and defects.

               (2)    All plumbing fixtures shall be capable of performing the function for which such plumbing fixtures are designed.

               (3)    All plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.

               (4)    Plumbing fixtures shall have adequate clearances for usage and cleaning.

      (c)    Water System.

               (1)    Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to a public water system.

            (2)    All kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water.

               (3)    The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture.

               (4)    Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved, permanently attached hose connection vacuum breaker.

               (5)    The water supply system shall be installed and maintained so as to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks.

              (6)    Water heating facilities shall be properly installed, maintained, and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a temperature of not less than one hundred and ten (110) degrees F. (forty-three (43) degrees C.).

               (7)    A gas-burning water heater shall not be located in any bathroom, toilet room, or other occupied room normally kept closed, unless adequate combustion air is provided.

           (8)    An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

            (9)    Water heating facilities used in conjunction with the preparation of food shall also comply with the applicable provisions of the City Health Code and State Law, including Ohio Revised Code Chapter 3732.

   (d)    Sanitary Drainage System.

      (1)    All plumbing fixtures shall be properly connected to a public sewer system or to an approved, private septic system as determined by the City Manager and/or his or her designee.

      (2)    Every plumbing stack, vent, waste, and sewer line shall function properly and be kept free from obstructions, leaks, and defects.

   (e)    Drainage of roofs and paved areas, yards and courts, and other open areas on the property shall not be discharged in a manner that creates a public nuisance.

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