1351.01  MAINTENANCE RESPONSIBILITIES; ENFORCEMENT.
   (a)   Responsibilities of Owners or Occupants.  The owner or occupant of any dwelling, or dwelling unit in any dwelling, shall be responsible for maintaining, in a clean and sanitary condition, the dwelling or that part of the dwelling unit, dwelling structure or premises, which he or she occupies or controls.  (Ord. 2012-87.  Passed 12-12-12.)
   (b)   General Maintenance Requirements.
      (1)   All dwelling structures and all parts thereof, shall be maintained in good repair, shall be kept in accordance with original or higher construction standards and shall be capable of performing the function for which such structure or part, or any feature thereof, was designed or intended to be used.
      (2)   All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working order that is free of health hazards.
   (c)   Maintenance of Foundation.
      (1)   All foundations of every dwelling shall be maintained structurally sound and in good repair and shall be maintained in accordance with original or higher construction standards.
      (2)   All foundations of every dwelling structure shall be maintained in such condition as to prevent seepage or leakage of water into the space enclosed within such foundations.
      (3)   All openings into the foundations of every dwelling structure shall be protected against the entrance of rodents.
   (d)   Maintenance of Roofs, Gutters and Downspouts.  All roofs of every dwelling shall be maintained in accordance with original construction standards, shall be kept weathertight and shall be equipped with gutters and downspouts connected in accordance with the Building Code.  However, this requirement shall be waived for existing buildings if, in the opinion of the Building Inspector, the drainage does not cause excessive erosion, water flow, or water damage or does not create a nuisance on abutting public or private property.
   (e)   Rain Barrels, Cisterns, and Other Stormwater Storage Devices.
      (1)   As an alternative to the requirements set forth in subsection (d) of this section, one or more downspouts may be diverted into an approved rain barrel, cistern or other stormwater storage device approved by the Building Inspector, in accordance with this subsection, provided that the overflow from such appurtenance is directed back into the downspout.  For purposes of this subsection, a rain barrel is defined as a plastic or wooden storage tank with a maximum water storage capacity of seventy (70) gallons and a cistern is defined as a plastic or concrete storage tank with a water storage capacity in excess of seventy (70) gallons.  Other stormwater storage devices, for purposes of this subsection, are defined as on-site stormwater storage devices, other than rain barrels and cisterns, that are approved by the Northeast Ohio Regional Sewer District (“NEORSD”) as valid stormwater control measures and enable a property owner to be eligible for an individual NEORSD stormwater residential property credit.  Rain barrels, cisterns, and other stormwater storage devices shall have a secure lid or screen in place at all times and shall not cause a public or private nuisance.
      (2)   Cisterns shall be located underground and, after underground installation, the yard and landscaping above the cistern shall be restored.
      (3)   Rain barrels and other stormwater storage devices shall only be located in the rear yard, as defined in Section 1121.20, on rear yard downspouts.  Notwithstanding this rear yard requirement, rain barrels and other stormwater storage devices may be located in the side yard, as defined in Section 1121.21, if the following factors demonstrate to the reasonable satisfaction of the Building Inspector that such location will not cause a public or private nuisance and will not create adverse conditions or impacts on neighboring properties:
         A.   Configuration of the dwelling or structure;
         B.   Topography;
         C.   Landscaping;
         D.   Location of a patio, deck, or pool;
         E.   Window placement;
         F.   Site line from adjacent homes; and
         G.   Other similar factors determined by the Building Inspector.
      (4)   Rain barrels and other stormwater storage devices are prohibited in the front yard, as defined in Section 1121.19.
      (5)   Rain barrels and other stormwater storage devices shall be positioned adjacent to the rear of the dwelling structure so as not to be visible from the public right-of-way.  Only one rain barrel or other stormwater storage device may be installed at each rear yard downspout or side yard downspout, if authorized by the Building Inspector.
      (6)   Rain barrels and other stormwater storage devices, if visible from the public right-of-way and/or neighboring properties, shall be screened from the public right-of-way and adjacent properties by means of a landscape buffer, consisting of year round plantings of a height at least equal to the height of the rain barrel.  The landscape buffer shall be provided and maintained in a manner reasonably satisfactory to the Building Inspector.
      (7)   Rain barrel, cistern, and other stormwater storage device installations require the review and approval of the Building Inspector.  Other stormwater storage devices are authorized only if the Building Inspector determines that such devices are in compliance with this subsection and are approved by the NEORSD as a valid stormwater control measure.  The applicant is responsible for documenting NEORSD approval to the Building Inspector.  Plans submitted to the Village shall include a site plan showing the dwelling or structure in relation to the property lines and the location of the downspout or downspouts proposed to be used for a rain barrel, cistern or other stormwater storage device, details of the type, size, and location of the rain barrel, cistern or stormwater storage device, including the method of connecting the overflow back to the downspout, and a landscaping plan if necessary to screen the rain barrel from the public right- of-way and/or adjacent properties.
      (8)   Figure 1 illustrates the rain barrel connection authorized by this section.  Rain barrel materials and installation shall be in accordance with Figure 1 and rain barrels shall be maintained in a manner that ensures compliance with this subsection and Figure 1.
      (9)   No person shall install a rain barrel, cistern, or other stormwater storage device prior to the issuance of a permit.
   (f)   Maintenance of Exteriors of Dwelling Structures and Secondary or Appurtenant Structures.
      (1)   All exterior parts of every dwelling shall be maintained in accordance with original construction standard, shall be kept weathertight and shall be maintained so as to resist decay or deterioration from any cause.
      (2)   Any dwelling or appurtenant structure whose exterior surface is bare, deteriorated, decaying, disintegrating or in poor repair, must be repaired.
         A.   All buckled, rotted, decayed or deteriorated walls, doors, windows, porches, floors, steps, ceilings, soffits, posts, sills, trim and their missing members, must be replaced and put in good condition.
         B.   All replacements must match and conform to the original design if not replaced completely.
         C.   All exterior wood or exterior unfinished surfaces must be sealed and painted, surface-covered with other protective coating or treated to prevent rot and decay, and substantially conform and match the existing paint or surface covering and original design or replacement thereof.  All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering, or where such have weathered due to lack of proper protective covering.
      (3)   Any dwelling or appurtenant structure whose exterior surface is deteriorated, decaying or disintegrating, has materially weathered with dirt or grime or has been impaired through peeling or flaking of the paint or other protective coating, shall be repaired, repainted or resurfaced.
   (g)   Exterior and Interior Property Areas.
      (1)   Exterior property areas.  No owner, agent or occupant of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood; or reduces property values in the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance; including, but not limited to, the following:
         A.   Broken or dilapidated fences, walls or other structures.
         B.   Improperly installed or maintained driveways or service walks.  For purposes of this subsection, “improperly installed or maintained driveways or service walks” means having failed to pass an inspection which includes, but is not limited to, the following items:
            1.   That where existing gravel or slag driveways or aprons are maintained, the material shall be confined and distributed equally throughout the drive’s length and breadth so as not to have bare areas and to prevent vegetation from growing through.
            2.   That on asphalt driveways there be a 2 inch topcoating and a 4 to 6 inch base.
            3.   That broken or deteriorated areas of the driveway shall be repaired or replaced.
            4.   That all driveway expansions be built and maintained in the same material and standards as the rest of the driveway unless otherwise approved by the Building Inspector.
            5.   Gaps, deteriorated or broken areas of an asphalt or concrete walkway must be repaired or replaced.
         C.   Out-of-use or non-usable appliances, dilapidated automobiles or automobile parts; broken, dilapidated or unusable furniture, mattresses or other household furnishings; plastic materials, paints, miscellaneous building materials, coverings and/or any other materials, including those described in this section, placed at or on:
            1.   The front yard; or
            2.   Any other portion of said premises in such a manner as to be patently unsightly or offensive to the senses.
Materials covered by this section include, but are not limited to, toilets, bathtubs, refrigerators, stoves, dishwashers, washing machines, dryers and other household appliances and parts thereof regardless of their purported use.
         D.   All grass shall be maintained in accordance with Section 521.14 and shrubbery must be trimmed and maintained in a neat manner that does not encroach on or touch the dwelling and so as not to create a health or safety hazard or create a public nuisance.
      (2)   Interior property areas.  Interior property areas of all premises shall be kept free of objects or materials or conditions which create a health, accident or fire hazard.
   (h)   Secondary or Appurtenant Structures.  All secondary or appurtenant structures such as sheds, barns, garages, etc., and any extensions or additions thereto shall be maintained in good repair and free from health, accident and fire hazards, or shall be removed from the premises.  For purposes of this section, a demolition permit obtained pursuant to the provisions contained in the Building Code may be required.
   (i)   Infestation by Pests.  All dwelling structures, and the premises thereof, shall be maintained free from sources of breeding, harborage, and infestation by insects, vermin or rodents.
   (j)   Enforcement.  Whoever violates any provision of this section or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree.  Each day during which a non-compliance or a violation continues shall constitute a separate offense.  (Ord. 2011-75.  Passed 11-9-11.)