CHAPTER 93: NUISANCES; ABATEMENTS
Section
Nuisances
   93.01   Regulating the burning of fires
   93.02   Storing of refuse; inoperative motor vehicles, etc.
   93.03   Maintaining certain nuisances
   93.04   [Reserved]
Property Maintenance Code
   93.10   General administration
   93.11   Applicability
   93.12   Property maintenance inspection
   93.13   Duties and powers of the Community Development Director
   93.14   Violations
   93.15   Notice of violation
   93.16   Minor nuisances
   93.17   Unsafe structures
   93.18   Emergency measures
   93.19   Demolition
   93.20   Means of appeal
   93.21   Definitions
   93.22   General requirements
   93.23   Exterior open areas
   93.24   Exterior structure
Weeds and Litter on Property
   93.40   Keeping down weeds
   93.41   Notice to owner to cut noxious weeds, remove litter; service
   93.42   Fees for service and return
   93.43   Procedure when owner fails to comply with notice
   93.44   Written return to County Auditor; amount as a lien upon property
 
   93.99   Penalty
NUISANCES
§ 93.01 REGULATING THE BURNING OF FIRES.
   (A)   Prohibited and exempt fires. No person without a permit shall kindle, ignite, set, start, or maintain fires of any matter on pavement of any public road or street in the municipality, within any house or other structures within the municipality, or in or upon any other matter within the municipality except fires in a contained fireplace for outdoor cooking or for the burning of paper or wood in containers constructed to prevent the spread of such fires. All fires shall be attended until extinguished or safely covered.
   (B)   Fire permit. Any person desiring to kindle, ignite, set, start, or maintain fires shall apply to the Fire Chief of the municipality for a written permit to do so. The Fire Chief may grant such permit under such proper safeguards as he/she may stipulate. In determining whether to issue any permit and the conditions governing the use of any permit, the Fire Chief shall consider the proposed location of the fire and its proximity to other combustible or inflammable material, the possibility of danger to buildings and structures, the degree and type of supervision to be provided, the quantity of the material to be burned and of smoke to be generated, weather conditions, the season of the year, wind direction and velocity, dryness of the ground and vegetation, the tools or apparatus to be employed for fire control, the extent to which debris from combustion may present a fallout problem in adjacent areas, and the nature and extent of air pollution that may be caused.
(Ord. 15-2008, passed 10-1-08) Penalty, see § 93.99
§ 93.02 STORING OF REFUSE; INOPERATIVE MOTOR VEHICLES, ETC.
   (A)   For the purposes of this section the term INOPERATIVE MOTOR VEHICLES shall be deemed to mean motor-driven vehicles that cannot, both physically and lawfully, under their own power, and without repair or replacement of parts, be operated on the public highways of this municipality and have remained in such inoperative condition for 30 or more consecutive days, or a motor driven vehicle which has no attached vehicle registration or to which the attached vehicle registration is expired or which vehicle registration attached is registered to another motor vehicle.
   (B)   No person or corporation shall store or place any used building materials, inoperative motor vehicles, motor vehicle parts, scrap metal, refuse, or rubbish on any property, or allow any such materials, vehicles, parts, or substances to remain on any property, except to the extent that materials, vehicles, parts, or substances so stored, placed, or allowed are not visible from any point on any other property (including any point on any structure on any such other property), public or private.
   (C)   It shall not be unlawful, however, for any person or corporation to store or place used building materials on any property when such materials are to be used by the owner of such property in construction on such property or on any other property owned by him, provided that such materials shall not be allowed to remain unused on such property for more than 30 days prior to commencement of construction of the building in the construction of which they are to be used or for more than six months in any event.
(‘67 Code, § 93.09) Penalty, see § 93.99(D)
Statutory reference:
   Abandoned vehicles, see R.C. §§ 4513.60 through 4513.65
§ 93.03 MAINTAINING CERTAIN NUISANCES.
   (A)   No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public.
   (B)   No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
   (C)   No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream of water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
   (D)   Persons who are engaged in agriculture-related activities, as AGRICULTURE is defined in R.C. § 519.01, and who are conducting those activities outside the municipality, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare, are exempt from divisions (A) and (B) above and from any ordinances, resolutions, rules, or other enactments of the municipality that prohibit excessive noise.
(R.C. § 3767.13)
   (E)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 3767.99(C)) Penalty, see § 130.99
§ 93.04 [RESERVED]
Editor's note:
   This section, formerly pertaining to property maintenance standards, was repealed by the enactment of the city's Property Maintenance Code, Ordinance15-2008, passed October 1, 2008. The Property Maintenance Code will be included in this Code in a future update; until such time, copies of the Property Maintenance Code are available for public inspection at the city's administrative office.
PROPERTY MAINTENANCE CODE
§ 93.10 GENERAL ADMINISTRATION.
   (A)   Title. These regulations shall be known as the City of Montgomery Property Maintenance Code hereinafter referred to as "this code" or "Property Maintenance Code".
   (B)   Scope. The provisions of this code shall apply to all existing residential and non-residential structures and premises within the City of Montgomery ("the city") and shall constitute minimum requirements and standards for premises, structures, equipment, and facilities for safe and sanitary maintenance for protection from the elements, life safety, and safety from fire and other hazards. This code is intended to define the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties.
   (C)   Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and lack of maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
   (D)   Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unauthorized or unconstitutional, such section shall be stricken or modified by the court, and such decision shall not affect the validity of the remaining portions of this code.
(Ord. 15-2008, passed 10-1-08)
§ 93.11 APPLICABILITY.
   (A)   General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in § 93.10. Where, in a specific case, different sections of this code or the Code of Ordinances of the City of Montgomery specify different requirements, the most restrictive requirements shall govern.
   (B)   Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. Except as otherwise specified herein, the owner, owner's designated agent or occupant shall be responsible for the maintenance of buildings, structures and premises.
   (C)   Application of other codes. Repairs, additions or alterations of a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of all applicable codes and standards. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City of Montgomery Code of Ordinances or any other applicable codes and standards.
   (D)   Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
   (E)   Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
   (F)   Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or city as historic or landmark buildings when such buildings or structures are judged by the Community Development Director to be safe and consistent with the public interest of health, safety and welfare.
(Ord. 15-2008, passed 10-1-08)
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