1339.01 ADOPTION.
   The BOCA National Existing Structures Code, Second Edition 1987, prepared by the Building Officials and Code Administrators International, Inc. is hereby adopted with the following modifications:
   (a)   Section ES-105.3 Inspections is hereby modified to read as follows:
In order to safeguard the safety, health and welfare of the public, the code official is authorized to enter any structure or premises upon proper notice and with the consent of the owner or occupant for the purpose of making inspections and performing duties under this code. In the event entry is denied, the code official may seek an appropriate court order to authorize such entry.
   (b)   Section ES-110.2 Penalty is hereby modified to read as follows:
Any person, firm or corporation who violates any provision of this code shall be guilty of a minor misdemeanor and upon conviction of a second or subsequent violation within one year of the first, shall be guilty of a misdemeanor of the fourth degree.
   (c)   Section ES-110.3 Prosecution is hereby modified to read as follows:
That in addition to the penalty provided in section ES-110.2, in the event that any order of the code official is not followed, the code official may seek an injunction, abatement or other appropriate court order to carry out the provisions of this code from the Court of Common Pleas of Richland County.
   (d)   Section ES-111.4 Restraining Actions is hereby modified to substitute the word "fifteen" in place of the word [number] on line two of this section.
   (e)   Section ES-112.2 Appeals Board is hereby amended to reduce the number thereof from five to three.
   (f)   Section ES-301.6 Weeds is hereby amended to substitute the number "6" for the number "10" in the second line of this section.
   (g)   Section ES-301.10.1 Residential Areas is hereby modified to read as follows:
No currently unregistered or inoperable motor vehicles shall be parked on any property in any residential district within this Village. No motor vehicle shall undergo any major overhaul including body work in a residential district unless such work is performed completely within an enclosed garage.
   (h)   Section ES-301.10.2 Nonresidential Areas is hereby modified to read as follows:
No currently unregistered or inoperable motor vehicles shall be parked on any property in any nonresidential district within this Village. No motor vehicle shall undergo any major overhaul including body work in a nonresidential district unless such work is performed completely within an enclosed garage.
   (i)   Section ES-404.1 Area for Sleeping Purposes is hereby modified to read as follows:
Each room occupied for sleeping purposes by one occupant shall contain at least 100 square feet (9.3 m2) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.65 m2) of floor area for each additional occupant thereof.
   (j)   Section ES-404.2.1 Combined Spaces is hereby modified to substitute the word "kitchen" for the words "living room" in the first and fourth line thereof.
   (k)   Table ES-404.2 Minimum Occupancy Area Requirements is hereby modified to substitute the following table:
TABLE ES-404.2
Minimum Occupancy Area Requirements
Space
Minimum Area in Sq. Ft. (sq. meters)
1 - 2 Occupants
3 - 5 Occupants
6 or more
Living Room
100 sq. ft.
(9.3 m2)
120 sq. ft.
(11.16 m2)
150 sq. ft.
(13.95 m2)
Dining Room*
50 sq. ft.
(4.65 m2)
80 sq. ft.
(7.44 m2)
100 sq. ft.
(9.30 m2)
Kitchen
50 sq. ft.
(4.65 m2)
50 sq. ft.
(4.65 m2)
60 sq. ft.
(5.58 m2)
Bedrooms**
100 sq. ft.**
(9.3 m2)
**
**
Bathroom
50 sq. ft.
(4.65 m2)
50 sq. ft.
(4.65 m2)
60 sq. ft.
(5.58 m2)
   
         
* See Section 404.2.1
** See Section 404.1
   (l)   That Section ES-801.5 Rubbish Storage Facilities is hereby modified to read as follows:
That every dwelling or commercial or industrial premises which produces rubbish and which is subject to curbside pick up shall place their rubbish containers at the curb or usual place of pick up no earlier than twenty-four hours before the anticipated time it will be picked up and return such rubbish containers to their usual place of storage no later than twelve hours after their contents have been picked up.
   (m)   That Section ES-802.1 Owner is modified to read as follows:
If there is evidence of rodent or insect infestation, the owner of any structure shall be responsible for extermination within the structure, prior to renting, leasing or selling the structure.
The Clerk of Council is hereby directed to keep an adequate supply of this Code with the amendments thereto as provided in this section available at her office for review by or sale to interested persons at cost.
(Ord. 89-64. Passed 12-18-89.)