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UNCLEAN HABITATIONS
It shall be unlawful for any person to lease, let, permit the occupancy of, permit the continuation of the occupancy of, or continue the occupancy of a structure or building or any portion thereof used for human habitation, unless such structure or building or portion thereof is free from unclean and unsanitary conditions as defined in § 95.21 and unless the provisions of the subsequent sections are complied with.
(‘74 Code, § 91.05) Penalty, see § 95.99
Statutory reference:
Regulating occupied buildings, see R.C. § 715.29
Duties of the landlord, see R.C. § 5321.04
Duties of the tenant, see R.C. § 5321.05
Injunction for failure to comply, see R.C. § 715.30
A structure, building, or any portion thereof used for human habitation shall be deemed to be in an unclean and unsanitary condition when any of the following conditions exist:
(A) Infection with communicable disease;
(B) Absence of the toilet facilities required by law or ordinance;
(C) Presence of sewer gas;
(D) Dampness or wetness due to lack of repair;
(E) Accumulation of dirt, filth, litter, refuse, or other offensive or dangerous substances likely to cause sickness among the occupants;
(F) Defective or improperly used drainage, plumbing, or ventilation facilities likely to cause sickness.
(‘74 Code, § 91.06)
If the local Board of Health ascertains from examination or reports of its inspectors or sanitary officers or otherwise determines that a public nuisance, as defined in § 95.21, exists in or upon any structure or building, or portion thereof, and has notified the owner, occupant, or person in charge of the premises to abate the nuisance or vacate the premises, it shall be unlawful to occupy or permit the occupancy of the premises or portion thereof until the nuisance has been completely abated and the building or portion thereof has been rendered clean and sanitary in accordance with the terms of the notices of the Board of Health.
(‘74 Code, § 91.07)
When the notice or order of vacation follows a notice or order of abatement, as provided in § 95.22, such notice or order of vacation shall not be enforced as provided in this chapter, unless said notice or order of abatement specifies a time when the person so notified or ordered may appear before the Board or officer issuing same to show cause why such order or notice of vacation should not be issued, and unless said Board (or a majority thereof) or officer is present at its or his office at the time so specified; such time to be not less than 24 hours after the service of the notice or order. When the notice or order of vacation is issued as provided in this section, without a previous notice or order of abatement, such notice or order of vacation shall not be enforced as provided in this chapter unless it specifies a time, not less than five days after the service thereof, when the person so notified or ordered may appear before the Board issuing same to show cause why such notice or order should not be enforced, and said Board or a majority thereof is present at its office at the time so specified; provided that when, in the opinion of at least 4/5 of the members of such Board, an emergency exists which requires, for the protection of the health of occupants, the vacation of the building or portion thereof without a delay of five days, then no such fixing of a time for hearing shall be required.
(‘74 Code, § 91.08)
When the notice or order of vacation has not been complied with, and the Board of Health certifies such fact to the Fire Chief or Police Chief, together with a copy of the order of notice, it shall be the duty of the Fire Chief or Police Chief to enforce such notice or order of vacation and to cause the premises to be vacated in accordance with the terms of the notice or order.
(‘74 Code, § 91.10)
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