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1353.06 ACCESSORY STRUCTURES.
All secondary or appurtenant structures on premises such as sheds, barns, garages, fences, etc., shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.
(Ord. 965. Passed 8-15-66.)
1353.07 EXTERIOR PROPERTY AREAS.
Exterior property areas of all premises shall be kept free of any object, material or conditions which may create a health, accident or fire hazard or adversely affect the value of surrounding properties; including but not limited to such objects and conditions as the outside storage of seldom moved or immovable vehicles in conspicuous positions where such storage is not part of the business conducted on the premises and collections of junk, rubbish or debris outside dwellings or structures in residential or retail zones.
(Ord. 965. Passed 8-15-66.)
1353.075 TRIMMING AND PRESERVATION OF TREES; REMOVAL OF DANGEROUS TREES.
(a) It shall be the responsibility of every property owner or occupant to maintain the trees on his property, including exterior property areas and tree lawn trees, in a safe and healthy manner, as to avoid hazards to persons, property and other vegetation.
(b) The Building Commissioner and/or Service Director, in consult with the Village’s certified arborist, shall, from time to time, inspect the trees and shrubs located upon the exterior property areas and tree lawn. The Building Commissioner, Service Director, or the Village’s certified arborist shall first seek the property owner's permission to conduct such an inspection. Should the property owner object to the inspection, the Building Commissioner and/or Service Director may seek, from a court or magistrate of competent jurisdiction, a warrant to inspect the exterior property areas in accordance with this section. Should a condition of extreme danger to persons, neighboring property or public thoroughfares, be known to exist, the warrant requirements of this section may be dispensed with, but only if there is reasonable cause to believe that the delay involved in compliance with the warrant requirement would pose a serious imminent danger to person or property.
(c) Upon finding that any tree or part thereof constitutes a nuisance to persons, neighboring property or public thoroughfares, property or other vegetation, the Building Commissioner and/or Service Director shall direct, by written notice, the property owner to trim, preserve and/ or remove the tree.
(1) The method of service of the written notice shall be in accordance with one or more of the methods specified in Section 1353.08.
(2) The notice shall set forth the time limit for compliance which, in no instance, shall be longer than fourteen (14) days from the date of the written notice.
(d) If at the end of the time period set forth in the notice, the tree has not been trimmed, preserved or removed, it shall be declared a nuisance, and the Building Commissioner and/or Service Director shall have the tree trimmed, preserved or removed, as the case may be, and costs assessed in accordance with the procedures set forth in Section 1357.02.
(e) A tree shall be deemed a nuisance if it or any part of it:
(1) Appears dead, dangerous to persons, neighboring property or public thoroughfares, or likely to fall;
(2) Is not pruned to a height of thirteen (13) feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;
(3) Is not pruned to a height of nine (9) feet above the sidewalk;
(4) Obstructs a curb, gutter, street or sidewalk;
(5) Interferes with sewers;
(6) Interferes with a planned public improvement.
(Ord. 2013-15. Passed 1-21-14.)
1353.08 NOTICE OF VIOLATION TO OWNER.
(a) The Building Commissioner shall examine or cause to be examined every dwelling or structure or portion thereof reported as unsafe or damaged and if such is found to be in violation of the provisions of this chapter, the Commissioner shall give to the owner of such dwelling or structure written notice stating the defects discovered.
(b) The notice shall advise the owner that a hearing concerning the enumerated defects has been scheduled before the Architectural Review Board at a specified time and place, and that the owner may appear in person, by agent or attorney to show cause why the defects should not be repaired or the dwelling or structure demolished.
(c) The notice shall be given by certified mail, return receipt requested, express mail, or any other commercial carrier service utilizing any form of delivery requiring a signed receipt. If the person to whom a notice is addressed cannot be found within Cuyahoga County after reasonable search, then the notice shall be sent by registered mail to the tax mailing address of the person as shown by the records of the Auditor of Cuyahoga County, and a copy of the notice shall be posted in a conspicuous place on the dwelling or structure to which it relates.
(Ord. 965. Passed 8-15-66; Ord. 2023-12. Passed 12-18-23.)
1353.09 HEARING BEFORE ARCHITECTURAL REVIEW BOARD.
(a) The Architectural Review Board shall schedule a hearing on all violations of this chapter reported by the Building Commissioner, the time and place of which shall be included in the notice to the owner as provided in Section 1353.08 of this chapter.
(b) In passing on the violations the Board shall require submission of evidence to substantiate all claims and may require such additional data as, in the opinion of the Board, is needed for adequate consideration of violations. Any member of the Board or any person authorized by the Board, individually or in company with any state, county or municipal official may at any reasonable time enter, inspect and examine any dwelling or structure for the purpose of carrying out the duties of the Board.
(c) The Board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and dated, and shall be promptly filed in the office of the Building Commissioner. A copy of the decision shall be sent by certified mail to the owner, return receipt requested, express mail, or any other commercial carrier service utilizing any form of delivery requiring a signed receipt.
(d) If the Board determines that the owner is in violation of this chapter, its decision shall specify the particular sections of this chapter which have been violated and shall give the owner a period of time deemed by the Board to be reasonable, based on the extent of repairs required and other relevant factors, to complete specified repairs or improvements or to demolish and remove the dwelling or structure or a portion thereof. The decision shall also advise the owner that he is entitled to a hearing before Council if he requests it by filing a notice of appeal with the Board within thirty days of the date of the Board's decision.
(Ord. 965. Passed 8-15-66; Ord. 2023-12. Passed 12-18-23.)
1353.10 ORDER TO VACATE AND POSTING OF SIGNS.
If the Architectural Review Board determines that the condition of any dwelling or structure is such as to render its continued occupancy hazardous because of structural, sanitary or fire hazards, it may order the premises wholly or partially vacated. The Building Commissioner shall carry out such an order by posting at each entrance of such dwelling or structure a notice to read: "DO NOT ENTER. UNSAFE TO OCCUPY. Architectural Review Board." Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of a majority of the Board and no person shall enter the dwelling or structure except for the purpose of making the required repairs, demolishing it or as authorized in Section 1353.11.
(Ord 965. Passed 8-15-66.)
1353.11 HEARING BEFORE COUNCIL.
(a) Upon the filing of a notice of appeal with the Architectural Review Board, the Board shall transmit to Council all of the original papers considered in issuing its decision.
(b) Council shall schedule a hearing within a reasonable time after an appeal has been filed and shall notify the owner of the time and place of hearing by certified mail, return receipt requested , express mail, or any other commercial carrier service utilizing any form of delivery requiring a signed receipt.
(c) The owner may appear at the hearing in person, by agent or by attorney.
(d) In passing on such appeals, Council shall require submission of evidence to substantiate all claims and may require such additional data as in the opinion of Council is needed for adequate consideration of the appeal. Any member of Council, or any person authorized by Council, individually or in company with any state, county or Municipal official may at any reasonable time enter, inspect and examine any dwelling or structure for the purpose of carrying out the duties of Council.
(e) Council shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of Council shall be by resolution and shall be promptly filed with the Clerk of Council. A certified copy of the resolution shall be sent by certified mail to the owner, return receipt requested.
(f) If Council determines that the owner is in violation of this chapter, its decision shall specify the particular sections of this chapter which have been violated and shall give the owner a period of time deemed by Council to be reasonable, on the basis of the extent of repairs required and other relevant factors, to complete specified repairs or improvements or to demolish and remove the dwelling or structure or a portion thereof. (Ord. 965. Passed 8-15-66; Ord. 2023-12. Passed 12-18-23.)
1353.12 REPAIRS.
(a) All repairs to existing dwellings or structures shall be subject to inspection by the Building Commissioner.
(b) All repairs requiring the issuance of a building permit shall be carried out in accordance with the provisions of the applicable ordinances of the Municipality.
(Ord. 965. Passed 8-15-66.)
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