The International Property Maintenance Code, as adopted in Section 1490.02, is hereby amended as follows:
PM–101.1 Title:
These regulations shall be known as the Property Maintenance Code of Maple Heights, Ohio, or just the Property Maintenance Code.
104.5.1 Relief from personal responsibility:
The Code Official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage occurring to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal reprehensive of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for cost in any action, suit or proceedings that is instituted in pursuance of the provisions of this code; and any officer of the department of building inspections, acting in good faith and without malice, shall be free from liability for acts preformed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
108.3 Notice:
Whenever the Building Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and serviced on the owner or person or persons responsible for the structure or equipment in accordance with Section 1482.02 Service of Notice, Placarding Premises. If the notice pertains to equipment, the notice of violation shall also be placed on the condemned equipment.
110.2 Notices and orders:
All notice and orders shall comply with Section 1482.02(d).
302.1 Sanitation:
All exterior property and premises shall be maintained clean, safe, sanitary and free from any accumulation of debris, rubbish or garbage. No rubbish receptacle or container shall be stored or placed adjacent to or up against any building used in whole or in part as a dwelling unit. No such rubbish receptacle or container shall be stored or placed in the front or side yard of any building setback line. Any rubbish receptacle stored or used on the property shall comply with Section 307.2.1.
302.3 Treelawns:
All paved tree lawns, at the point of sale or transfer of property ownership, or by reason of foreclosure of property, shall be replaced with a landscaped tree lawn. There shall be no parking of vehicles on any tree lawn area.
302.3.1 Unpaved public sidewalks, driveways and parking areas:
All existing unpaved public sidewalks, driveways and parking areas, at the point of sale or transfer of ownership, or by reason of foreclosure of property, shall be replaced with a hard-surface public sidewalk, driveway or parking area in accordance with the specifications prescribed in Chapter 1026 of the Codified Ordinances of the City of Maple Heights. However, the latter requirement for constructing a paved sidewalk may be waived if, in the opinion of the Building Commissioner, sidewalks are impractical at that location due to the nature of the surrounding neighborhood. Such waiver must be in writing from the Building Commissioner. Each driveway shall be a minimum of nine feet wide and shall extend from the curb or street line to a minimum of fifty-five feet or to twenty feet beyond the front of the building, whichever is less.
302.3.2 Maintenance of Garage Floors, Patios, Driveways, Aprons, Parking Areas, and Sidewalk Blocks:
Specifications for the Maintenance of Garage Floors, Patios, Driveways, Aprons, Parking Areas, and Sidewalk Blocks are as follows:
1. Blocks having cracks over 3/4 on an inch wide or wider to be replaced.
2. Blocks having cracks 3/4 inch wide or less can be properly cleaned and filled, flush with the existing surface. (By means of an approved latex or vinyl crack concrete crack sealer)
3. Adjoining block(s) or any part(s) thereof with a vertical deference of 3/4 inch or more shall be leveled or replaced. (Ramping from block to block shall not permitted).
4. Blocks that hold standing water equal to or greater than 1/2 inch shall be replaced.
5. Blocks that have disintegrated, spaulded, or deteriorated areas shall be replaced.
6. Blocks that have a slope of 3/4 inch or greater toward any building or structure shall be leveled or replaced.
7. Blocks greater that 4 by 6 inches may be cut to replace 1/2 of the block, provided the block to remain complies with all of the other concrete requirements of this code. Blocks in no case shall be less than 3 by 4 inches in size.
8. Replacement of garage floors shall not be required to meet the provisions of the current code for new construction. Provided such work is done in accordance with the conditions of the approval in the same manner and construction methods approved by the code in force at the time of original approval. All existing construction method approvals require approval by the Building Commissioner.
9. No concrete surface coating, or ramping shall be permitted, on driveways, sidewalks, or aprons. No existing concrete can be patched or resurfaced, except as permitted to seal cracks as permitted above.
10. All sidewalks, driveways, aprons, curbs and parking areas shall be kept in a proper state of repair.
11. No asphalt resurfacing over existing asphalt surfaces shall be permitted without written approval from the Building Official.
12. Any widening or alteration of asphalt aprons shall be done by removing all of the asphalt and replacing it with concrete.
302.4 Weeds and grass:
All premises and exterior property/areas, including tree lawns, shall be maintained free from weeds or plant growth in excess of 6 inches (152.4 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided, however, that this term shall not include cultivated flowers and gardens.
302.4.1 Compliance time:
Compliance must be commenced within 72 hours of notice, One notice per calendar year shall be considered notice for the entire calendar year. No other notification will be sent for the remainder of the calendar year.
302.8 Motor vehicles:
No unlicensed vehicle or an immovable/inoperable motor vehicle shall be parked, kept or stored on any public or private property, No vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled, regardless of whether it has valid license plates in any zoning district, with the following exception:
A vehicle of any type is permitted to undergo major overhaul, including body work, provided such work is performed inside a structure or similarly enclosed area designed and approved by the Fire Division and the Building Department for such use group.
304.1 General:
The exterior property area of all properties shall be kept free of any debris, object, material or condition which, in the opinion of the Building Commissioner or his or her authorized representative, may create a health, accident or fire hazard, is a public nuisance or constitutes a blighting or deteriorating influence on the neighborhood. Lawns, signs, fences, walls, landscaping, trees, walks and driveways shall also be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood and the community.
304.2 Surface coating:
All exterior surfaces that are deteriorating, decaying, or whose exterior surface has faded, weathered with dirt or grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced. All bare exterior surfaces which are peeling, flaking or crumbling shall be replaced or sealed in a good workmanlike manner which may include cleaning and/or scraping prior to resurfacing.
304.7.1 Maintenance of roofs, gutters and downspouts:
(a) All roofs of every structure shall be maintained weather-tight and shall be equipped with gutters and downspouts. Downspouts shall be connected to a public storm sewer. However, one or more downspout(s) may be diverted into an approved rain barrel or other structural storage container, provided that the overflow from such appurtenance is directed into the public storm sewer. Rain barrels or other structural storage containers shall be covered at all times and incorporate a drainage system that directs any overflow into the public storm sewer system. The installation of rain barrels or other structural storage containers shall he subject to the review and approval of the Building Commissioner, and shall conform to the standards set forth by the City for such devices. No branches, shrubbery, or other overgrowth is permitted to encroach or come into contact with roof areas. All roof, gutter, and downspout replacements must match the original gutter(s) or downspout(s) or be replaced completely. Rain barrels shall not be permitted anywhere in the front of a house or garage. Rain barrels may be permitted in the side yard and behind the garage only under certain conditions approved by the Building Commissioner.
(b) As an alternative to the requirement of division (a) of this section, that downspouts be connected to the public storm sewer system, one or more downspouts may be directed into an approved rain garden. Such rain garden shall be subject to the review and approval of the Building Commissioner and the City Engineer, and shall be constructed in accordance with the latest edition of the Rain Garden Manual for Homeowners. No rain garden shall be constructed until a permit has been obtained as set forth in Section 1440.10.
304.14 Insect screens:
During the period from April 1 to October 1, every door, window and other outside opening used or required for ventilation purposes, serving any building containing habitable rooms, food preparation areas, food service areas or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every screened, swinging door shall have a self-closing device in good working condition, with the following exception:
Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
304.16.1 Garage doors:
Every garage shall have an operable garage door(s) that shall remain in the closed position when unattended.
307.2 Disposal of rubbish/garbage:
Every occupant of a structure shall dispose of all rubbish or garbage in a clean and sanitary manner by placing such rubbish in approved leakproof containers with closed, tight-fitting covers.
307.2.1 Rubbish storage facilities:
The owner of every occupied premises shall supply approved leakproof (tight-fitting) covered containers for rubbish and garbage, and the owner of the premises shall be responsible for the removal of rubbish and garbage in accordance with Chapter 1060 of the Codified Ordinances of the City of Maple Heights. Any receptacle on any property, other than a single or two-family dwelling, that can be seen from the first floor of a residence, or any street, must be totally fenced and screened from sight in a manner approved by the Building Commissioner.
404.8 Window coverings:
Window coverings, treatments, drapes, shades, blinds, shutters, rods and supports shall be maintained in working order and perform their intended function. The following products shall not be permitted or used as window treatments or coverings, including but not limited to: paper of any kind, sheets, blankets, any fabric not manufactured as a window treatment, and wood or similar material, unless specific permission is granted by the Building Commissioner.
602.4 Nonresidential structures:
Every enclosed occupied work space shall be supplied with sufficient heat during the period from January 1 to December 31 to maintain a temperature of not less than 65°F. (18°C.) during all work hours, with the following exceptions:
A. Processing, storage and operation areas that require cooling or special temperature conditions.
B. Areas in which persons are primarily engaged in vigorous physical activities.
603.7 Incinerators:
No incinerators may be installed. Existing incinerators shall not be used unless they have approval from the Fire Chief, and are equipped with listed and labeled pollution abatement devices.
603.7.1 Removal:
All existing incinerators shall be removed from (interior and/or exterior) buildings at point of sale or transfer of ownership or by reason of foreclosure of property. Removal is also required with a change of tenant in any property. All openings in a chimney that are abandoned by the removal of an incinerator must be sealed to a thickness equal to the thickness of the existing masonry chimney.
604.4 Outside illumination:
Every building that has illumination in or about its yard shall have such illumination so designed and located that light sources shall be shielded from adjoining residential properties and streets and shall not be of excessive brightness. Flickering, moving or intermittent illumination shall not be permitted.
605.2 Receptacles:
Every laundry area shall contain at least one grounded-type receptacle, in compliance with NFPA 70 National. Electrical Code.
(Ord. 1994-56. Passed 7-13-94; Ord. 1994-145. Passed 8-24-94; Ord. 1995-96. Passed 9-20-95; Ord. 1997-108. Passed 1-21-98; Ord. 2009-22. Passed 4-1-09; Ord. 2009-85. Passed 8-19-09; Ord. 2012- 50. Passed 5-16-12.)