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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.)
A certificate of compliance may be denied or revoked by the Director of Public Safety or Chief Building Official for any of the following reasons:
(a) Whenever the City finds that the owner of any non-owner-occupied residential dwelling or unit has failed to comply with a notice of violation issued pursuant to this Code;
(b) If an owner, tenant, or responsible local agent has refused or failed to allow an inspection of the non-owner-occupied residential dwelling or unit by a code enforcement official;
(c) An act, omission, or condition exists at a non-owner-occupied residential dwelling or unit that is unauthorized or beyond the scope of the property registration granted;
(d) The owner has committed an act or omission, or allowed a condition to exist at the non-owner-occupied residential dwelling or unit that is prohibited by the provisions of this article or any other City ordinance, regulation, or provision, or by any state or federal law;
(e) The owner has committed an act or omission, or allowed a condition to exist at the non-owner-occupied residential dwelling or unit that is contrary to the public health, safety, and welfare of the citizens of Maumee; or
(f) The owner has committed an act or omission or allowed a condition to exist as the non-owner-occupied residential dwelling or unit that is a nuisance of the Codified Ordinances or the Ohio Revised Code or local health department.
(Ord. 002-2023. Passed 1-3-23.)
The owner of a dwelling unit subject to inspection, shall be charged fees by the Chief Building Official for inspections conducted pursuant to this code in accordance with the rates and fees as adopted by the City of Maumee in effect at the time of the inspection. The owner or occupant of property whose dwelling is inspected pursuant to a housing rehabilitation program or other housing assistance program of the City shall not be charged for such inspection.
Inspection fees, applicable late fees as well as any other charges in connection with property inspection shall be established by the City Administrator and the Law Director in consultation with the Chief Building Official. The City Administrator is hereby authorized and directed to calculate and charge on a fully allocated hourly rate and/or a fixed, graduated rate which shall generally reduce as the number of units within a structure increase and shall cover the cost of said program.
If the owner fails to pay an invoice for inspection fees directed to him or her within thirty (30) days, the City may cause the costs reflected in said invoice to be assessed against the premises as a special assessment and may institute an action against the owner for the collection of said costs in any court of competent jurisdiction. However, the City's attempt to collect such costs by any process shall not invalidate or waive the lien upon the premises.
All fees charged shall be placed in a Housing Code Inspection Fund which can be used to pay the cost related to maintaining and enforcing Maumee code provisions related to buildings and zoning. No part of the funds held in the Housing Code Inspection Fund may be transferred to the general operating fund for any purpose.
(Ord. 002-2023. Passed 1-3-23.)
(1) Be in writing.
(2) Identify the property involved, the day of the inspection and the name of the inspector.
(3) Cite the conditions that constitute violations of this article.
(4) State the time allotted for correction of the violations. Emergency hazards shall be corrected immediately. For purposes of this section, the time allotted for correction of non-emergency violations shall be no less than thirty (30) and no more than ninety (90) calendar days.
(5) Inform the owner of his or her right to appeal to the Administrative Hearings Officer Any appeal of a decision shall be heard within thirty days and decided within a reasonable time frame by the Administrative Hearings Officer as hereinafter set forth.
(Ord. 002-2023. Passed 1-3-23.)
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