1353.01 Title and purpose.
1353.02 Definitions.
1353.03 Scope; interpretation.
1353.04 Conflict of laws.
1353.05 Issuance of other permits and licenses.
1353.06 Compliance and enforcement.
1353.07 Responsibilities of owners, operators and occupants independent of each other.
1353.08 Duties and responsibilities of owners, operators and occupants.
1353.09 Maintenance of premises during construction, reconstruction and repair.
1353.10 Inspections.
1353.11 Application of chapter.
1353.12 Notice of violation.
1353.13 Service of notice.
1353.14 Appeals.
1353.99 Penalty.
CROSS REFERENCES
Power to regulate building construction - see Ohio R.C. 715.26
Municipal power to abate nuisances - see Ohio R.C. 715.44
Dangerous structures - see BLDG. Ch. 1333
Landscaping and lawn services - see BLDG. Ch. 1347
(a) This chapter shall be known as the Exterior Property Maintenance Code of the City.
(b) The purpose of this chapter is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance and condition of residential and nonresidential premises; to fix certain responsibilities and duties upon the owners and operators; and to fix penalties for the violation of this chapter.
(Ord. 1980-56. Passed 11-25-80.)
As used in this chapter:
(a) "Accessory structure" means a structure the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
(b) "Building" means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
(c) "Building Code" means the Building Code of the City (Part Thirteen of these Codified Ordinances).
(d) "Deterioration" means the condition or appearance characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
(e) "Dwelling" means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
(f) "Dwelling unit" means a room or group of rooms located within a dwelling forming a single, habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
(g) "Exposed to public view" means any premises, building or part thereof which may be lawfully viewed by the public or any person from a sidewalk, street, alley, licensed open air parking lot or adjoining or neighboring premises.
(h) "Exterior of the premises" means those portions of a building which are exposed to the elements and the open space of any premises outside of any building erected thereon.
(i) "Fire Chief" means the Chief of the Fire Division of the City.
(j) "Fire hazard" means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder, or may become the cause of an obstruction, delay, hazard or hindrance to, the prevention, suppression or extinguishment of fire.
(k) "Garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(l) "Infestation" means the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
(m) "Mixed occupancy" means a building containing one or more dwelling units or rooming units and also having a portion devoted to nondwelling uses.
(n) “Nuisance” means:
(1) Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State or the ordinances of the City;
(2) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter; or
(4) Fire hazards.
(o) "Operator" means a person who has charge, care or control of a dwelling, premises or a part thereof, whether with or without the knowledge and consent of the owner.
(p) “Owner” means a person who, alone, jointly or severally with others, has legal or equitable title to a premises with or without accompanying actual possession thereof or who has charge, care or control of any dwelling or dwelling unit, as the owner or as an agent of the owner, or as a fiduciary, including, but not limited to, an executor, administrator, trustee, receiver or guardian of an estate or as a mortgagee in possession, regardless of how such possession was obtained. A person who is a lessee subletting or reassigning any part or all of a dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet by or assigned to the lessee.
(q) "Premises" means a lot, plot or parcel of land, including the buildings or structures thereon.
(r) "Property maintenance officer" means the Director of Public Service of the City and such other officials as he or she may designate to act in his or her behalf.
(s) “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
(t) “Registered mail” means registered or certified mail.
(u) "Rooming unit" means a room or group of rooms forming a single habitable unit other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
(v) "Rubbish" means nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery and similar materials.
(w) "Structure" means the combination of materials, whether fixed or portable, forming a construction.
(x) "Weathering" means deterioration, decay or damage caused by exposure to the elements. (Ord. 1980-56. Passed 11-25-80.)
Every residential, public, business and industrial building and the premises on which it is situated in the City, used or intended to be used for dwelling, commercial or business occupancy, shall be in compliance with this chapter, whether or not such building has been constructed, altered or repaired before or after the enactment of this chapter (Ordinance 1980-56, passed November 25, 1980) and irrespective of any permit or license which has been issued for the use or occupancy of the building or for the installation or repair of equipment or facilities prior to its effective date. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of a building, except as provided in Section 1353.04. Mixed occupancy and residential and nonresidential use therein shall nevertheless be regulated by this chapter.
(Ord. 1983-31. Passed 3-22-83.)
In any case where this chapter imposes a higher standard than that set forth in any other ordinance of the City or law of the State, then the standard set forth herein shall prevail. If, however, this chapter imposes a lower standard than that imposed by another ordinance of the City or law of the state, then the higher standard contained in any such other ordinance or law shall prevail. (Ord. 1980-56. Passed 11-25-80.)
After the date of enactment of this chapter (Ordinance 1980-56, passed November 25, 1980), all licenses and permits shall be issued conditionally upon compliance with this chapter as well as compliance with the ordinances under which such licenses and permits are granted.
(Ord. 1980-56. Passed 11-25-80.)
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