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No owner, operator or agent shall occupy, maintain or lease or offer for rental or lease any dwelling or dwelling unit or any part thereof which does not comply with the following minimum requirements:
(a) All foundations, floors and walls shall be weather-tight, water-tight, and rodent- proof, shall be capable of affording privacy and shall be maintained structurally sound and in good repair.
(b) All foundations of every dwelling and occupiable structure shall be maintained in such condition as to prevent the seepage or leaking of water within such foundations. (Ord. 68-97. Passed 4-20-1998.)
(c) All roofs of every dwelling and occupiable structure shall be maintained weather- tight, water-tight, shall match and conform in their entirety to the existing design and color, and shall be equipped with gutters and downspouts connected to a public storm sewer or discharging onto splash pads or other on-site storm water management devices if a nuisance shall not be created to adjoining property.
(Ord. 45-10. Passed 9-20-2010.)
(d) Every window, exterior door and basement or cellar hatchway shall be maintained in a weather-tight, watertight and rodent-proof condition and shall be kept in sound working condition and good repair.
(Ord. 68-97. Passed 4-20-1998.)
(Ord. 68-97. Passed 4-20-1998.)
(e) Every inside and outside stair and every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be maintained in sound condition and good repair. All existing exterior stairs with more than three (3) risers, not constructed with side wing walls or other permanent safeguards delineating the path of ascent or descent on the stairs, shall be provided with an handrail on at least one side of the stairs which conforms to the existing design of the structure. (Ord. 35-98. Passed 9-8-1998.)
(f) Every multiple dwelling containing ten or more units shall provide and maintain in good working condition a two-way mechanical communication system for the main entrance. All rental dwellings are required to have locks at all entrances which shall tightly secure the door.
(g) Every plumbing fixture and water and waste pipe shall be installed and maintained in a clean and sanitary working condition free from defects, leaks or obstructions. No dwelling, dwelling unit or occupiable structure shall be deemed to comply with this subsection unless:
(1) All plumbing is designed and installed so as to prevent contamination of the water supply by back flow, back siphonage or any other method.
(2) All plumbing is so designed and installed that no potable water supply line or plumbing fixture is directly connected to a nonpotable water supply.
(3) Every water supply line is so constructed that there is no cross connection between a potable and non-potable water supply.
(4) Every water supply line and every valve therein is in good working condition.
(5) Every water supply inlet is located above the flood level of any installed sink, lavatory, bathtub, shower, automatic washing machine or similar water-using fixture, or above some unobstructible overflow thereof; and there are no submerged inlets, except submerged inlets installed with a vacuum breaker of a type approved by the Building Commissioner.
(6) The waste line of every water-using fixture is trapped in an approved manner.
(7) Every waste line drains freely without leaks.
(8) All plumbing and plumbing fixtures are maintained in a clean and sanitary working condition.
(9) Water pressure is adequate to permit a proper flow of water from all open water faucets at all times.
(10) Every water closet is of the trap-type with facilities for safe and clean flushing.
(11) No water closet is of the so-called “flush hopper” or “frost-proof hopper” or similar type.
(12) No air conditioning condensate drain shall flow onto adjacent property or over the public right of way or otherwise create a nuisance or unsanitary condition.
(h) Every water closet compartment, floor surface and bathroom floor surface shall be constructed and maintained so as to be impervious to water and so as to permit such water closet compartments to be easily kept in a clean and sanitary condition, as by a properly constructed and maintained floor of terrazzo, tile, smooth concrete, rubber, asphalt tile, linoleum, or sealed dense hardwood with tightly fitting joints.
(i) Every supplied facility, piece of equipment or utility which is required under this Code shall be so constructed and installed that it will function safely and effectively and shall be maintained in good working condition.
(j) The owner, operator or occupant shall not cause any service, facility, equipment, or utility which is required under this Code to be removed from, shut off from, discontinued for any occupied dwelling or occupiable structure leased or occupied by him except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Building Commissioner.
(k) No owner, operator or agent shall occupy, maintain or lease or offer for rental or lease any vacant dwelling, dwelling unit or occupiable structure unless it is clean, sanitary and fit for human occupancy. The access to such dwelling unit, rooming unit, or occupiable structure and their premises shall be available at any and all reasonable times, for the purpose of such inspection, examination and survey.
(Ord. 68-97. Passed 4-20-1998.)
(a) All exterior parts of every dwelling and occupiable structure and all accessory buildings shall be maintained weather-tight and shall be maintained so as to resist decay or deterioration from any cause. This includes exterior walls, parapet walls, chimneys and all other exterior structures either above or below the roofline.
(b) Any dwelling, occupiable structure or appurtenant structure whose exterior surface is bare, deteriorated, decaying, disintegrating or in poor repair must be repaired or razed.
(1) All buckled, rotted or decayed or deteriorated walls, doors, windows, porches, floors, steps, ceilings, soffits, posts, sills, trim and their missing members must be repaired and put in good condition.
(2) All replacements must match and conform to the existing design or be replaced completely.
(3) All exterior wood or exterior unfinished surfaces must be sealed and painted or surface covered with other protective coating or treated to prevent rot or decay, and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective coating.
(c) Any dwelling, occupiable structure or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be cleaned, repaired, repainted or resurfaced.
(1) All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or staining.
(2) All bare exterior surfaces that are flaking or crumbling shall be replaced or sealed in a good workman-like manner.
(3) All new or repaired bare surfaces shall be painted or stained to match and conform to the existing colors of the structure, but not to include fences or patio decks constructed at the rear of the structure.
(4) All exterior surfaces weathered with dirt and grime or which are peeling or flaking shall be painted or stained with approved, protective coating or surface. (Ord. 68-97. Passed 4-20-1998.)
No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates, blights or debases the appearance of the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance; or which adversely alters the appearance and general character of the neighborhood and shall keep such premises free of any debris, object, material or condition which may create a health, accident or fire hazard or which is a public nuisance. Furniture used on open porches, decks and patios shall be of the type and style designed and intended for exterior use. Lawns, landscaping, trees and driveway shall also be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. All parking surfaces, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. (Ord. 68-97. Passed 4-20-1998.)
(a) Definitions. As used herein:
(1) "Area light" means lighting fixture intended to illuminate a significant parking or pedestrian area, such as a parking lot or walkway.
(2) "Cutoff" means a lighting fixture from which no more than 2.5 percent of its lamp's intensity is emitted at or above horizontal plane drawn through the bottom of the fixture and no more than 10 percent of its lamp's intensity is emitted between 80 degrees and that horizontal plane.
(3) "Footcandle" means a unit of incident light stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter.
(4) "Full cutoff" means a lighting fixture from which none of its lamp's intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10 percent of the lamp's intensity is emitted between 80 degrees and that horizontal plane.
(5) "Fully shielded" means a lighting fixture, from which, in the installed position, none of its light output, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture (excepting only incidental reflections from supporting brackets or arms), is projected above a horizontal plane through the fixture's lowest light-emitting part, as determined by photometric test or certified by the manufacturer. Any structural part of the fixture providing this shielding shall be permanently affixed.
(6) "Glare" means the sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.
(7) "Illuminance" means the quantity of incident light measured in footcandles.
(8) "Light trespass" means light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.
(9) "Lumen" means the light-output rating of a lamp (light bulb), as used in the context of this section.
(10) "Luminaire" means a complete lighting unit
(11) "Shielded" means the description of a luminaire from which no direct glare is visible at normal viewing angles, by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors.
(12) "Commercial property" means property used for commercial purposes as defined in C1, C2, C3, C4, I, Planned Development, Mixed Use Overlay Districts, and multi-family properties of four or more units.
(b) Lighting Fixture Design and Control. The following regulations are required on commercial property:
(1) Luminaires shall be of a type and design appropriate to the lighting application.
(2) For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas,and pedestrian passage areas, merchandising and storage areas automotive-fuel dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, and site entrances, luminaires shall be aimed straight down, have no uplight and shall meet IESNA full-cutoff/fully shielded criteria.
(3) For the lighting of predominantly non-horizontal tasks or surfaces such as, but not limited to, facades, landscaping, fountains, displays and statuary, when their use is specifically permitted, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.
(4) Area light shall not be permitted where visible, during hours of darkness, from a residential use, unless fitted with a reflector or other shielding device to block direct viewing of the light source from the adjacent use.
(5) All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard and so as not to create a light trespass by projecting or reflecting objectionable light onto a neighboring use or property.
(6) Directional luminaires such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences, adjacent uses, past the object being illuminated, or skyward. Floodlights installed above grade shall not be aimed out more than 45 degrees from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.
(7) All exterior property areas shall maintain all exterior lighting so that it complies with the following:
A. All luminaire fixtures should be installed at a height appropriate for the use.
B. All luminaire fixtures should be placed in the area of use or as near to the area of use as is reasonably possible.
C. All luminaire fixtures should be angled such that it reasonably reduces horizontal glare.
D. The luminaire should be aimed at the subject property of the horizontal plane and all reasonable efforts made to reduce glare and light trespass from the neighboring properties.
E. Full cutoff, fully shielded and internal baffling is required on all luminaire fixtures to reduce or eliminate glare and light trespass to the extent reasonably possible.
(8) Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(9) The level of illumination projected onto a residential use from an adjacent property shall not create a light trespass or glare as determined by reasonable person.
(c) Plan Submission. For all commercial properties where site lighting is proposed or otherwise required by the City, lighting plans shall be submitted to the Commissioner for review and approval with any preliminary development plan application or with any conditional use application. The Commissioner may also require that lighting plans be submitted for Building Permit applications or referred to Architectural Review Board for review. Lighting plans shall include:
(1) A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location, mounting height and type. The submission shall include, in addition to area lighting, exterior architectural, building entrance, landscape lighting, etc.
(2) A point-by-point illuminance-grid plot on 10-foot-by-10-foot centers (or as necessary for suitable legibility) of footcandles overlaid on the site plan, plotted out to 0.0 maintained footcandles, which demonstrate compliance with the light trespass, illuminance and uniformity requirements as set forth in this Section or as otherwise required by the City.
(3) Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole wind-loading conformance, foundation pole details and mounting methods.
(4) Landscaping plans shall contain lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(5) Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Commissioner for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical performance and maintainability of the specified luminaires; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the performance of the lighting on the approved plan.
(Ord. 2-18. Passed 4-1-2019.)
(a) Owner. Whenever any habitable or occupiable structure or part thereof, or any accessory building or structure or part thereof, is in such state of disrepair, or whenever the light or ventilation, or any other condition in or about such buildings or structures or part thereof, or in or about the lot on which they are situated, is, in the opinion of the Building Commissioner, in a condition or in its effect dangerous to life or health, the Building Commissioner may order or cause repairs to be made, or may order or cause the light or ventilation to be improved, or take such other action as he may deem necessary to remove such danger to life or health.
(b) Occupant. The occupant of a dwelling unit in any dwelling structure and the occupant of an occupiable structure shall be responsible for maintaining in a clean and sanitary condition that part of the dwelling unit, dwelling structure, occupiable structure or premises which he occupies and controls. In addition, such occupant shall be responsible for maintaining in good and safe working order the equipment and appliances which he owns.
(Ord. 68-97. Passed 4-20-1998.)
(a) A nonresident owner of one or more rental dwelling unit(s), excluding condominium property, shall designate either a janitor, custodian, agent or other responsible person for each dwelling structure who shall, except as hereinafter provided in subsection (b) hereof, reside in such rental dwelling structure and have charge of the same. However, where there exist two or more such rental dwelling structures on one parcel of land or upon two or more contiguous parcels of land, one janitor, custodian or agent residing in any one of such rental dwelling unit may serve as janitor, custodian or agent for all of such rental dwelling units.
(b) Such janitor, custodian, agent or other responsible person designated by the owner, pursuant to subsection (a) hereof, shall not be required to reside in such rental dwelling structure when such rental dwelling structure is owned or managed by a person, firm or corporation who resides in or has a business office located within the City.
(c) Such janitor, custodian, agent or other responsible person shall be available at reasonable hours, to the Building Official and to the tenants of the dwelling units. A schedule showing the name, location and hours of the janitor, custodian, agent or other responsible person is available and the name and address and telephone number of the owner shall be posted at the main entrance of such structure. (Ord. 68-97. Passed 4-20-1998.)
(a) An owner of an occupiable structure shall take such measures necessary to prevent and control the harborage and free movement of insects, vermin, rodents or other pests within the structure. An owner of an occupiable structure is solely responsible for the extermination of insects, vermin, rodents or other pests within the structure. No owner shall fail to exterminate insects, vermin, rodents or other pests as required herein.
(b) In the event that the dwelling is infested with or there is a report of infestation with bedbugs, the owner shall make written notification to all contiguous units (including adjacent units on either side, across the hall, or above or below the affected unit) within 72 hours of confirmation of the presence of bedbugs. In addition, where there are confirmed bedbugs in a dwelling unit within a building of more than three dwelling units, the owner or agent shall cause all affected units to be treated by a licensed pesticide applicator under Section 921.06 of the Revised Code or for the affected units to be heat-treated to eliminate the bedbugs.
(c) The occupant of an occupiable structure, if not the owner, shall notify the owner of the structure when the occupant knows of or suspects an infestation of insects, vermin, rodents or other pests within the structure within 72 hours of discovery. The occupant shall grant the owner and the owner’s agents or contractors access to every portion of the structure reasonably necessary for the inspection and extermination of insects, vermin, rodents or other pests within the structure. No occupant shall fail to promptly notify an owner or fail to grant the owner or the owner’s agents or contractors reasonable access as required herein.
(Ord. 35-2017. Passed 11-20-2017.)
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