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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 Upon reinspection and proof of compliance, the order shall be rescinded, and a certificate of compliance shall be issued.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 On reinspection and proof of compliance, the order shall be rescinded, and the suspended certificate reinstated, or a new certificate issued.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.)
When selling or transferring ownership of a non-owner-occupied residential dwelling and/or unit the seller and his or her agent/s shall disclose and furnish to the buyer, grantee or transferee a true copy of said notice of any pending violation or violations of this code and any order or orders for correction issued by the Chief Building Official, and shall furnish to the Chief Building Official a signed and notarized statement from the grantee or transferee acknowledging the receipt of such notice of violation and order for correction, and fully accepting the responsibility without condition for making the corrections or repairs required by such notice of violation and order for correction. (Ord. 002-2023. Passed 1-3-23.)
When the Chief Building Official, Chief of Police or Fire Official finds any dwelling unfit for human habitation, he or she shall serve notice to vacate on the owner or his or her responsible local agent as follows:
(a) By personal service on the owner or the responsible local agent; or
(b) By personal service to the owner, the responsible local agent, or to a person of suitable age and discretion at the owner's or responsible local agent's last known address; or
(c) By either first class mail, certified mail, or personal service addressed to the owner or his or her responsible local agent at his or her last known address; or
(d) By posting the notice for a twenty-four (24) hour period in placard form in a conspicuous place on the premises to be vacated. No person shall deface or remove such placard from any dwelling except by authority in writing from the Chief Building Official. (Ord. 002-2023. Passed 1-3-23.)
Any dwelling or dwelling unit which has been declared unfit for human habitation shall be vacated within a reasonable time as required by the Director of Public Safety, Chief Building Official, Chief of Police or Fire Official. No person shall occupy such dwelling or dwelling unit until written approval is secured from the Chief Building Official.
(Ord. 002-2023. Passed 1-3-23.)
The time limit set for the correction of a violation may be extended by the Chief Building Official if the owner can show a good faith effort to comply with the repair order. Time limits may also be extended by the Chief Building Official for repairs which cannot be carried out within the allotted period because of the seasonal nature of the work to be done.
(Ord. 002-2023. Passed 1-3-23.)
If the owner or occupant fails to comply with the correction order contained in the notice of violation, the Chief Building Official may bring an action to enforce the provisions of this article. If the violation constitutes an emergency, or the owner ignores the correction order, the Chief Building Official may cause the necessary repairs to be made or take other corrective action up to and including condemnation and demolition of the structure, and the charges collected as a special assessment against the premises.
(Ord. 002-2023. Passed 1-3-23.)
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