CHAPTER 1371
Housing Code

1371.01   Board of Housing Appeals.

1371.02   Interpretation.

1371.03   Definitions.

1371.04   Inspections.

1371.05   Conveyance inspections; fee.

1371.06   Enforcement.

1371.07   Minimum sanitation standards.

1371.08   Rooming houses.

1371.09   Condemnation.

1371.10   Securing condemned and vacated dwellings and other buildings.

1371.11   Variance.

1371.12   Conflict of laws.

1371.13   Violations.

1371.99   Penalty.

CROSS REFERENCES

         Animal nuisance conditions - see GEN. OFF. 505.08

         Junk accumulation - see GEN. OFF 521.07

         Littering and deposit of refuse - see GEN. OFF. 521.08

1371.01 BOARD OF HOUSING APPEALS.

   There is hereby established a Board of Housing Appeals, the members and officers of which shall be the same as the Planning Commission. This Board shall have the authority, after hearing, to affirm, overrule or modify any order issued under authority of this chapter by the Bureau of Buildings, Inspections, Licenses and Permits or the Superintendent.

(Ord. 06-019. Passed 1-17-06..)

1371.02 INTERPRETATION.

Reference is made to that certain publication of the Ohio Department of Health, published in 1968, known as the "Recommended Housing Regulation and Interpretive Guide" from which this chapter is modeled. The explanatory provisions thereof which are set forth therein as a guide to interpretation of the regulations are hereby adopted as a guide to interpretation and explanation of the provisions of this chapter.

(Ord. 70-253. Passed 7-21-70.)

1371.03 DEFINITIONS.

   The following definitions shall apply in the interpretation and enforcement of the provisions of this chapter:

   (a)    "Basement" means a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

   (b)    "Board" means the Board of Housing Appeals.

   (c)    "Bureau" means the Bureau of Buildings, Inspections, Licenses and Permits.

   (d)    "Cellar" means a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

   (e)    "Dwelling" means any building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall be exempted from the provisions of this chapter.

   (f)    "Dwelling unit" means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating of meals.

   (g)    "Garbage" means the putrescible animal and vegetable wastes resulting from the handling, processing, preparation, cooking or serving of food.

   (h)    "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage space, and any other room designated by the Superintendent.

   (i)    "Infestation" means the presence, within or around a dwelling, of any insects, rodents or other pests.

   (j)    "Multiple dwelling" means any dwelling containing three or more dwelling units.

   (k)    "Occupant" means any person over one year of age, living, sleeping, cooking, eating in or having actual possession of a dwelling unit or rooming unit.

   (l)    "Operator" means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

   (m)    "Ordinary minimum winter conditions" means the temperature fifteen degrees Fahrenheit above the lowest recorded temperature for the previous ten-year period.

   (n)   "Owner" means any person who, alone or jointly or severally with others:

      (1)   Has legal or equitable title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

      (2)   Has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter.

   (o)    "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency or any entity recognized by law.

   (p)    "Plumbing" means and includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

   (q)    "Premises" means a lot, plot or parcel of land including the buildings or structures thereon.

   (r)    "Rooming house" means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

   (s)    "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

   (t)    "Rubbish" means combustible and noncombustible waste materials, except garbage, and includes the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, plastics, glass, crockery and dust.

   (u)    "Superintendent" means the Inspections Superintendent of the Bureau.

   (v)    "Supplied" means paid for, furnished or provided by or under the control of the owner.

   (w)    "Temporary housing" means:

      (1)   House trailers and travel trailers as defined in Ohio R.C. 4501.01, when occupied for periods of less than thirty days.

      (2)   A camp as defined in Ohio Administrative Code Chapter 3701:25 under authority of Ohio R.C. 3701.13 and 3701.34.

      (3)    Any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days.

   (x)    Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof".

      (Ord. 70- 253. Passed 7-21-70.)

1371.04 INSPECTIONS .

   The Superintendent and the Bureau are hereby authorized to make inspections to determine the conditions of dwellings, dwelling units, rooming units and premises located within the City, in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public. The owner, operator or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Bureau free access to such dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner or operator thereof, or his agent or employee, access to any part of the dwelling or dwelling unit or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to affect compliance with the provisions of this chapter.

(Ord. 70-253. Passed 7-21-70.)

1371.05 CONVEYANCE INSPECTIONS; FEE.

   Any mortgage, loan, rental, leasing or management institution or agency, including Federal and State agencies, and any real estate broker or other person having an interest therein, may have a dwelling inspected by the Bureau to determine such dwelling's degree of compliance with the provisions of this chapter. The fee for such inspection shall be twenty-five dollars ($25.00). (Ord. 72-326. Passed 7-18-72.)