Loading...
§ 110.21 INSPECTION.
   (A)   The Building Inspector, Code Enforcement Officer, Fire Chief or his designee, or any other authorized building inspector pursuant to § 110.01(C) shall enforce the provisions of this subchapter and is authorized and directed to make inspections pursuant to a request from the Code Enforcement Board, pursuant to a request for inspection made by the owner, the owner's agent, or a tenant or other occupant: based upon credible evidence presented to the Building Inspector of violations or non-compliance with this chapter obtained through a lawful entry to the building or premises by a law enforcement officer or fire personnel; in response to a complaint that an alleged violation of the provisions of this chapter may exist; or, when the Building Inspector has valid reason to believe that a violation of this chapter has been or is being committed.
   (B)   The Building Inspector, as defined in § 110.01(C) is authorized to enter and inspect all premises subject to the provisions of this chapter for the purpose of determining whether there is compliance with its provisions. The Building Inspector may enter any dwelling unit and the common areas used by the tenant in that dwelling unit at the tenant's invitation without the consent of the owner or owner's agent.
All rental dwelling units may be subject to a mandatory inspection by a Building Inspector as defined in § 110.01(C) on an annual basis or based upon any other standardized rental dwelling unit inspection schedule not to exceed once a year or be less than once every three years as determined by the city.
   (C)   An exterior inspection of a rental dwelling and an interior inspection of common areas and each rental dwelling unit within the rental dwelling shall be made where a Building Inspector, Fire Inspector or other authorized inspector pursuant to § 110.01(C) observes the existence of any of the following rental dwelling conditions:
      (1)   One or more broken windows, or an open area where a window should exist;
      (2)   Visible exterior damage to the roof of the rental dwelling;
      (3)   Visibly damaged or missing gutters;
      (4)   One or more visibly damaged and/or rotting exterior stairs;
      (5)   One or more visibly damaged and/or rotting exterior porches or balconies;
      (6)   Visibly damaged exterior walls;
      (7)   Excessive weeds or grass;
      (8)   A prohibited trash set out; or
      (9)   A violation of licensing standards pursuant to this chapter.
   (D)   The owner, occupant, or other person in charge of premises, upon presentation of proper identification by the Building Inspector, shall give the Building Inspector entry and unfettered access to every part of the premises. If access is refused, the Building Inspector may apply for an appropriate court order to gain access.
   (E)   Upon notice of violation or a citation being issued, the owner of the real property has a duty to have a re-inspection(s) performed to demonstrate compliance with all city ordinances and state laws. There is in place a fee schedule for re-inspection, said schedule is as follows:
      (1)   For a first re-inspection the fee shall be $25;
      (2)   For a second re-inspection the fee shall be $50; and
      (3)   For a third or subsequent re-inspection, the fee shall be $100.
   (F)   All re-inspection fees are due and payable to the city and said fees are to be mailed or otherwise delivered to the City Clerk for the city.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.22 NOTICE OF VIOLATION AFTER INSPECTION.
   (A)   Whenever the Building Inspector determines that any premises or dwelling unit fails to meet the requirements set forth in this chapter, he or she shall issue a notice setting forth the alleged violations of this chapter and advise the owner or his or her designee, that such violation must be corrected. This notice shall:
      (1)   Be in writing;
      (2)   Set forth the alleged violations of this chapter;
      (3)   Describe the dwelling unit where the violations are alleged to exist or to have been committed;
      (4)   Provide a reasonable time, generally not to exceed 30 days, for corrections to be made;
      (5)   Notify the owner or his or her designee of the premises or dwelling unit responsible for compliance with the alleged violation by first-class mail at the address provided on the license application, or if none provided, to the address of record with the Kenton County Property Valuation Administrator's office; and
      (6)   State the time limit for correcting the violation, typically 30 days, and describe the procedure and time limit to apply for a re-inspection, reconsideration or a formal hearing.
   (B)   At the end of the period of time allowed for compliance, the Building Inspector shall reinspect the premises or dwelling unit described in the notice.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.23 REPAIRS AND OTHER CORRECTIVE ACTION AFTER NOTICE OF VIOLATION.
   Whenever an owner of any premises or dwelling unit fails, neglects, or refuses to make repairs or other corrective action, the Building Inspector may either apply to the court for appointment of a receiver to collect rents and make repairs, or proceed in accordance with the ordinances relating to demolishing dilapidated or dangerous buildings.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.24 APPLICATIONS FOR HEARING ON INSPECTION VIOLATION; APPEALS PERTAINING TO INSPECTIONS OR NOTICES OF VIOLATIONS.
   (A)   (1)   Any person aggrieved by any notice or order of the Building Inspector issued under this chapter may file a petition setting forth his or her reasons for contesting the notice or order with the City of Ludlow Code Enforcement Board (hereinafter referred to as the "Board"), within five days of receipt of such notice or order of the Building Inspector. The petition shall state the address where mailings pertaining to the hearing and/or appeal should be mailed.
      (2)   Upon receipt of the petition, the Board shall set a date for a hearing and shall notify the petitioner of such date by certified mail.
      (3)   At the hearing the petitioner shall be given an opportunity to show cause why the notice or order of the Building Inspector should be modified or withdrawn or why the period of time permitted for compliance should be extended.
      (4)   After the hearing, the Board may affirm, modify, or reverse the notice or order of the Building Inspector and may grant an extension of time for the performance of any act required where there is practical difficulty or undue hardship connected with the performance of any act required by the
provisions of this chapter and that such extension is in harmony with the general purpose of this chapter to secure the public health, safety, and welfare.
   (B)   In addition to the other remedies herein, any license issued under this chapter may, with notice to the holder thereof, and after hearing, be revoked or suspended by the Board, if it is found by the Board that a chronic or criminal nuisance exists upon the property in compliance with the applicable provisions of the City of Ludlow Nuisance Code.
(Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)
§ 110.99 PENALTY.
   (A)   Any person conducting a business in this city without first having paid the fee to the appropriate authority and having obtained a license therefor, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not less than $10 nor more than $100 for each offense. Each day that a business is conducted without having paid the license fee and having obtained a license, therefore shall constitute a separate offense. The violation of any provision of this chapter shall likewise be a misdemeanor and, upon conviction thereof, the violator shall be fined in the sum of not less than $10 nor more than $100.
   (B)   Any person or business found to be in violation of any section of the rental license requirements as contained within this chapter shall be deemed to have committed a civil offense and shall be fined not less than $100 per day, per violation and not more than $500 per day, per violation until said violations are abated. For purposes of this chapter, each day that an individual or business is engaged in the renting, letting or leasing of real property without having first paid the license fee to the appropriate authority and having obtained the proper license therefor shall constitute a separate offense.
(Ord. 2001-17, passed 1-10-2002; Am. Ord. 2007-14, passed 11-8-2007; Am. Ord. 2011-6, passed 4-14-2011; Am. Ord. 2012-5, passed 3-8-2012; Am. Ord. 2014-10, passed 8-14-2014; Am. Ord. 2016-8, passed 11-10-2016)