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(a) All words and terms used in this Code shall be given their common and normal meaning unless defined in Section 1360.01. The words and terms defined hereinafter shall be given the meaning indicated in the interpretation and enforcement of this Code.
(b) This Code shall be generally interpreted as an ordinance that provides for the enforcement of all applicable codes, ordinances, and statutes. The City of Maumee has ordinances in place which provide for non-conforming uses of property. Maumee Codified Ordinances in Chapter 1130 and Section 1301.06 may control as to non-conforming structures and structures that do not meet the current building codes. There are many properties that do not currently comply with codes presently adopted and in force and as such shall be inspected and judged based on codes in place during the era in which the home was constructed. However, the perpetuation of legal non-conformances with currently in place codes and/or ordinances shall be determined on a case-by-case basis where health, safety, and welfare of residents and the public may be at risk. Additionally, any work previously performed in a premise and/or unit in which the proper building, plumbing, mechanical, electrical, and/or zoning permits were not applied for and granted may be required to comply with current, appropriate code and obtain proper permits.
(c) In the case of compliance with the Clean Water Act of 1972, or regulations promulgated through the Federal Emergency Management Agency (FEMA), the City of Maumee cannot honor legal non-conformances and as a result those uses are and those non-conformities will be required to comply with current environmental regulations and other codes where perpetuation of legal-non-conformances is either impractical or prohibited by law or code.
(d) Nothing set forth herein, shall prohibit or restrict the ability of the City to pursue separate nuisance actions against the subject properties pursuant to Maumee Codes, or State or Federal Law. (Ord. 002-2023. Passed 1-3-23.)
The definitions set forth in Section 1360.01 are incorporated herein by reference.
(Ord. 002-2023. Passed 1-3-23.)
All dwellings shall be maintained and repaired in a workmanlike manner. All required and integral equipment in every dwelling shall be installed in accordance with the provisions of this Chapter, the Maumee Building Code, Ohio Building Code and Ohio Residential Code, and maintained in accordance with the provisions of the Maumee Code or Codes so as to perform intended functions properly and safely. All dwellings and units are required to be in compliance with Ohio law, Federal Law, and Maumee Codified Ordinances as the same relate to storm water and sewer connections. (Ord. 002-2023. Passed 1-3-23.)
(a) Establishing minimum standards for exterior property areas, exterior structure, interior structure, basic facilities, light and ventilation, occupancy requirements, and fire safety. These standards are designed to be reasonably high but at the same time practical and attainable.
(b) Fixing the responsibilities of owners, operators, occupants, and Responsible Local Agents of dwellings and dwelling units.
(c) Providing for administration, enforcement, and penalties.
(Ord. 002-2023. Passed 1-3-23.)
The provisions of Chapters 1361-1366 shall apply to all existing structures used, designed, and constructed for the purpose of or intended to be used for human habitation that which are used and/or contemplated for use as a non-owner-occupied structure, unit, or dwelling unit. The minimum standards required under this code are designed to prevent fire hazards, structural deterioration, inadequate light, air and heat, and unsanitary and overcrowded conditions which constitute a menace to the safety, health, and welfare of the occupants.
(Ord. 002-2023. Passed 1-3-23.)
In order that they may perform their duties to safeguard the health, safety, and welfare of the occupants of dwellings and of the general public, the Public Safety Director, Chief Building Official, Chief of Police and/or Fire Official, or their reports and/or subcontractors are hereby authorized to make or cause to be made such inspections of dwellings or dwelling units as are necessary to enforce the provisions of this code. The inspections that are authorized for the purpose of enforcement of the provisions of this code shall be made at a reasonable time and according to the provisions set forth herein. The word "dwelling" as used in this paragraph shall include, but not be limited to, those categories of structures defined herein.
The Director of Public Safety, Chief Building Official, Building Inspectors, Housing Inspectors, Chief of Police and Fire Officials or their designees, employees or subcontractors shall inspect buildings and structures regulated by this code. Inspections may be conducted even though a current certificate of compliance is on record with the Service and Public Safety Departments, specifically the Build, Zoning, and Code Division.
An inspection shall be conducted in the manner best calculated to secure compliance with this code and appropriate to the needs of the community. In developing inspection schedules consideration may be given to deferring inspections for newly constructed residential dwellings or residential dwellings which have been completely renovated. In the event an inspection reveals that installation of plumbing, heating, electrical, appliance, or other item or material for which no permit was obtained, if the owner can substantiate that the installation took place before that owner acquired the subject property, the owner shall not be subject to criminal prosecution or penalty but shall be required to obtain the appropriate permit and have an inspection of the installation and pay the appropriate building permit and inspection fees.
In an emergency situation, the Director of Public Safety, Chief Building Official, Chief of Police and Fire Official or their designee, employees and/or subcontractors have the right to enter at any time. For purposes of this code, an emergency shall exist when the Director of Public Safety, Chief Building Official, Chief of Police or Fire Official has reasonable grounds to believe that a condition hazardous to health or safety exists on the premises and requires immediate attention.
In a non-emergency situation where the owner or occupant of any dwelling refuses entry to a unit or dwelling, the Director of Public Safety, Chief Building Official, Chief of Police, or Fire Official or their designee or employee shall obtain a warrant from an administrative hearing officer or a court of competent jurisdiction according to applicable law. In a non-emergency situation, the property owner and/or occupant shall be afforded the opportunity for pre-compliance review as to the need for a warrant for an inspection before a neutral decision maker according to law. (Ord. 002-2023. Passed 1-3-23.)
The certificate of compliance shall be issued only upon an inspection of the premises by the Chief Building Official or his or her appointed designee or employee or subcontractor.
The Chief Building Official or his or her appointed designee or employee or subcontractor shall not issue a certificate of compliance when any existing condition constitutes a violation of this code of other building codes as adopted by Maumee or this ordinance.
Upon a finding that there is not a condition that would constitute a violation of the building codes or this code, the certificate of compliance shall be issued. Upon a finding that there is a condition that would constitute a violation of the building codes or this code, the certificate of compliance shall not be issued, and an order to comply with this title shall be issued immediately as possible and served upon the owner. Upon reinspection and proof of compliance, the order shall be rescinded, and a certificate of compliance shall be issued. Subject to the provisions of this section, a certificate of compliance shall not be valid for a period of more than three (3) years. However, if the entire premise is found to be violation free without a necessity of follow-up inspections to check compliance with the original order, the premise shall be granted an extra year, for a total of four (4) years before another inspection is required, unless either by complaint or report another violation is witnessed or comes to the attention of the City.
A certificate of compliance shall be issued on condition that the building or structure remains free from violations of this code. If upon reinspection by the Chief Building Official determines that conditions exist which constitute a violation of this code, the certificate shall be immediately suspended as to affected areas, and an order to comply with this code shall be issued immediately and served upon the owner. On reinspection and proof of compliance, the order shall be rescinded, and the suspended certificate reinstated, or a new certificate issued. No person shall alter a certificate of compliance or represent that a property has a valid certificate of compliance where a valid certificate of compliance for that property does not exist or has been suspended or has lapsed. (Ord. 002-2023. Passed 1-3-23.)
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