1368.01 Findings and determination of necessity.
1368.02 Purpose.
1368.03 Interpretations.
1368.04 General usage.
1368.05 Definitions.
1368.06 Applicability.
1368.07 Property maintenance required.
1368.08 Structural integrity.
1368.09 Exterior surfaces.
1368.10 Protection of exterior surfaces.
1368.11 Exterior windows and doors.
1368.12 Exterior attachments.
1368.13 Accessory improvements.
1368.14 Outdoor storage.
1368.15 Trees and shrubs.
1368.16 Health and sanitation.
1368.17 Tenant responsibility for maintenance.
1368.18 Owner responsibility for maintenance.
1368.19 Good workmanship.
1368.20 Exterior security lighting.
1368.21 Street address visible.
1368.22 Vacant building identification.
1368.23 Inspections authorized.
1368.24 Applicability.
1368.25 Enforcement process.
1368.26 Fees.
1368.27 Inspection entry authorized.
1368.28 Change in ownership.
1368.29 Removal of posted sign or notices.
1368.30 Penalties.
1368.31 Savings provision.
The City Council finds that there are non-residential buildings in the City which are poorly maintained or neglected by their owners. These buildings adversely affect citizens who own or occupy nearby buildings and dwellings by lowering property values and rental values. Many of these poorly maintained and neglected buildings have become so dilapidated that occupancy is no longer economically feasible. This increases the incidence of vandalism and fire. The City Council finds that the elimination and prevention of these conditions is necessary and is in the best interest of the City and its citizens. (Ord. 002-2023. Passed 1-3-23.)
The purpose of Chapter 1368 is to maintain, preserve and improve the stock of non-residential buildings in the City. To accomplish this, this article sets out minimum standards for the exterior maintenance of all non-residential buildings. In carrying out this purpose, it is the intention of the City Council to exercise its full powers to protect public health, safety, and welfare, whether the powers so exercised are derived from the Constitution, state law or the City Charter. (Ord. 002-2023. Passed 1-3-23.)
All words and terms used in this Chapter shall be given their common and normal meaning unless defined hereinafter. The words and terms defined hereinafter shall be given the meaning indicated in the interpretation and enforcement of this Chapter. All other words and provisions of this article shall be interpreted so as to eliminate or prevent the conditions set out in findings and determinations of necessity. (Ord. 002-2023. Passed 1-3-23.)
Unless the context clearly indicates otherwise, when words are used in this Chapter, the following rules of construction shall apply:
The singular includes and shall apply to the plural, and the plural applies to and includes the singular.
The masculine gender shall include the feminine and neuter, and feminine and neuter shall include the masculine.
Where the text uses the negative of a defined word, the negative of the definition shall be applied.
The definition of a verb or a noun shall be used in an appropriate fashion where the adverbial or adjectival form of the word is used.
(Ord. 002-2023. Passed 1-3-23.)
The following words, terms, and phrases, when used in this Chapter, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Basic structural elements mean the parts of a building which provide the principal strength, stability, integrity, shape, and safety of the building, including, but not limited to plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.
Building means any structure upon a property, presently or formerly used, or intended to be used in whole or in part for the purpose of commerce, trade, manufacture, business, government, worship, education, office, medical, storage or other non-residential purpose.
City means the municipal corporation that is the City of Maumee and includes all authorized agents of the City of Maumee, when acting within the scope of their authority.
Court means a court of competent jurisdiction.
Deteriorate means to decay, decompose, or degenerate.
Deterioration or deteriorated means the fact or process of decay or degeneration which has progressed to the point where it has resulted in or will soon result in making an object or mechanism unsafe, unsanitary, inoperable, unusable, or unsuitable for its intended use, including, but not limited to the advanced stage of rot, rust, mold, vermin ingestion, infestation, or destruction.
Emergency means a condition of imminent danger calling for immediate action in order to avoid death, injury, or illness to a human or the destruction or severe damaging of real or personal property.
Garbage means any spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals, waste building materials, as well as other organic waste material subject to rapid decomposition, including trash to which such material has adhered. This definition is not meant to preclude the composting of yard waste in an appropriate container as approved by the Chief Building Official.
Good repair means to be professionally installed, stable and maintained sufficiently free of defects or deterioration so as to be functional for its present use and to be safe and sanitary.
Good workmanship means executed in a skillful manner such as generally plumb, level, square, in line, undamaged, without marring adjacent work, utilizing as close to identical material as possible, and finished to a completed state. Alternative methods and materials must be approved by the Chief Building Official or his or her designee.
Non-residential means any structure or portion of a structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing place, living space, or sleeping space for one (1) or more human beings, either permanently or transiently.
Owner or ownership means any person, trustee, or other entity holding legal or equitable title to a property or to real improvements upon a property, solely, jointly, by the entireties, in common, or as land contract vendee. Owner shall also mean any person who in fact has been empowered to act on behalf of, or as the agent of the owner. Owner shall also mean a person who has or exercises care, custody, dominion, or control over any property. Owner shall not include any person who is a tenant.
Person means a human individual, as an association of individuals, a public, private or not-for-profit corporation, an LLC or partnership.
Premises means property.
Property means any lot or parcel of land inclusive of any building or improvements located thereon.
Regular mail means that class of mail designed by the U.S. Postal Service as "first class" mail. Regular mail shall also include postcards and postal cards.
Responsible person means an owner, or a person or persons designated in this article as being responsible for meeting the standards of this article.
Sanitary means free of grease, excrement, dirt, food residue, garbage, rust, or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors, or which provides for, or is an available source of food for, animals or insects.
Structure means anything constructed or placed upon a property which is supported by the ground, or which is supported by any other structure, except a currently licensed vehicle.
Trash means waste materials and items which are not in good repair or are discarded and which are of little or no value, including, but not limited to plaster, paper, wrappings, plant cuttings, household furnishings, building materials, packing, and clothing, appliances, equipment, machinery, or parts thereof.
Unsafe means a condition which is reasonably likely to do harm to humans or property if not corrected or stopped.
Vermin means rodents, birds and insects which are destructive of real or personal property or injurious to health. (Ord. 002-2023. Passed 1-3-23.)
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