For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED AGENT. A business entity located in or an individual person 18 years or older residing in the county or Hocking County with an address other than a post office box and named by an owner as a secondary point of contact regarding the use or condition of land and the occupancy and physical condition of structures on a platted lot or parcel of land.
OWNER. Any person who, alone or jointly or severally with others, shall have the legal or equitable title to a property, and shall include executors, administrators, trustees or guardians of the estate of the owner, and any purchaser or assignee under a certificate of sale pursuant to a mortgage foreclosure. The term OWNER shall also include partnerships and other unincorporated associations. Any individual OWNER, regardless of whether he or she shares ownership responsibility with any other person, any general partner of a partnership and any officer of a corporation or unincorporated association, shall have direct and personal responsibility and liability for compliance with the provisions of this chapter.
PUBLIC NUISANCE. Any building, house, shed, accessory structure, fence or other human-made structure or part thereof, including the premises where such structure is located, which by reason of its faulty construction, age, lack of repair, lack of reasonable and adequate maintenance, continued vacancy or other cause is:
(1) Endangering human health, life or limb or is likely to cause the spread of disease or otherwise cause injury to the health of persons or to surrounding neighborhood structure;
(2) Susceptible to the occurrence of fire and constitutes or creates a fire hazard;
(3) Liable to cause injury or damage to persons or property by collapse or by the danger of collapse of any part of the structure;
(4) Unsecured, open and available to and frequented by malefactors, disorderly persons or juveniles who are not lawful occupants of such structure;
(5) Creating a deteriorating and blighting influence on nearby properties and causes depreciation in the use, enjoyment and value of properties in the immediately surrounding area to such an extent that it is harmful to the community in which such structure is situated; and
(6) Subject to provisions of Chapter 91.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY. A structure that is unsafe, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment, or because its location constitutes a hazard to its occupants or to the public.
UNSAFE STRUCTURE. A structure in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or its occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable condition that it is likely to partially or completely collapse.
VACANT BUILDING. A structure which is unoccupied for 90 days or more or which constitutes a structure unfit for human occupancy, an unsafe building or a building or premises that are a public nuisance. In the case of structures containing multiple dwelling units, multiple commercial or industrial units or a combination thereof, a building shall be considered vacant when a majority of the units are unoccupied unless any part of the building is considered unfit for human habitation, unsafe or a public nuisance, then the entire premises shall be considered subject to these regulations.
(Prior Code, § 9.17.02)
(A) All buildings presently located within the city which are vacant, as defined in this chapter, or which hereafter become vacant, shall be registered by the owner thereof with the City Manager, or his or her designated representative, within 30 days of being or becoming a vacant structure.
(B) Registration shall be made on forms supplied by the City Manager and shall include:
(1) The name, address and telephone number of the owner;
(2) The name, address and telephone number of a local agent or representative if the owner is not a resident of the county or Hocking County. Agents shall be required to be residents of the county or Hocking County, at least 18 years of age. Every owner of a vacant building shall designate an agent who, in addition to the owner, shall be responsible for care of the premises and who may accept service of process and official notices on behalf of the owner. An official notice or service of process issued to a designated agent shall be deemed as served or delivered upon the owner of record;
(3) The names, addresses and telephone numbers of all persons with any legal interest in the property, buildings and premises, including, but not limited to, holders of land contracts, mortgages and other interest in equity;
(4) A legal description and the tax parcel identification number of the premises on which the building or structure is located;
(5) The common address of the building or premises;
(6) The date on which the building became or has become vacant; and
(7) A vacant building plan as hereinafter described.
(C) Registration of a vacant building or structure shall be valid for a period of one year.
(1) If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are not completed, then the owner shall re-register such building and pay an additional renewal fee established by separate City Council ordinance.
(2) If the building is vacant at the expiration of any registration period and the requirements of the vacant building plan are completed, the owner shall re-register such building without filing a new vacant building plan or paying an additional filing fee.
(E) Upon registration of any previously unregistered building pursuant to this chapter, or when any such vacant building comes to the attention of the city, the City Manager may cause inspections to be made of the premises to determine the condition of such building and premises and whether there exist any fire, safety, health, sanitation or public nuisance hazards upon the premises and shall provide notice to the owners thereof to comply with the provisions of this chapter.
(Prior Code, § 9.17.03) Penalty, see § 156.99
(A) As a minimum requirement, all vacant buildings, as defined in this chapter, shall conform to the following requirements.
(1) Foundations shall provide structural support at all load bearing structural components and be free from holes and cracks which might admit vermin, rodents, insects, snakes, stray animals, water and dampness to the interior of the building.
(2) (a) Exterior walls and other exterior surfaces, including basement and cellar hatchways, shall be free of holes, cracks, loose and/or rotting boards and siding material which might admit vermin, rodents, insects, snakes, stray animals, rain and dampness to the interior of the building.
(b) Wood and ferrous materials shall be maintained free of loose, peeling or flaking paint.
(3) (a) Windows shall fully contain glass in their frames and sashes, be fully glazed without holes or cracks, shall fit reasonably well in their frames and shall be supplied with mechanisms to prevent entry from the exterior.
(b) Windows and doors failing this criteria may be boarded in accordance with divisions (B)(1) and (B)(2) below if approved by the City Manager, or his or her designated representative.
(4) Exterior doors shall be operable, structurally sound, weather-proof and water-proof, maintained in good working order, fit reasonably well in their frames and shall be supplied with mechanisms to prevent entry from the exterior.
(5) Roof coverings and flashing shall be provided and maintained so as to prevent the entrance of rain, snow, moisture, vermin, birds or any other animal causing nuisance.
(6) Roof gutters and downspouts shall be provided to collect, conduct and discharge all water from the roof to a location so as not to cause detriment to the structure, its foundation or adjacent properties.
(7) Chimneys shall be free of cracks, holes or missing portions and maintained in good repair.
(8) Exterior stairs, steps and landings shall be safe to use; maintained free of missing, rotting or deteriorated parts; and kept in sound condition and good repair.
(9) Structural components shall be free from deterioration and damage, maintained to function as originally designed or shall be repaired or replaced.
(10) The grounds of the premises shall be kept free of weeds, grass, tree limbs, debris, trash, garbage, refuse, rubbish, special rubbish and litter so as not to degrade and debase the general nature and character of the neighborhood; minimize the potential for spreading of noxious weeds and grasses; and minimize conditions creating potential harborage for vermin, rodents, insects, snakes and stray animals.
(11) Grass shall be mowed during summer months in conformance with § 91.01.
(12) Public sidewalks shall be kept free of snow and ice during the winter months in accordance with § 91.05.
(13) No junk, abandoned, unlicensed or inoperable motor vehicle shall be parked on the premises outside a completely enclosed building except those properly licensed as a collector’s vehicle stored in accordance with § 153.158.
(15) The interior of the building or structure, including any garage area, storage area and/or accessory structure, shall be clean and free of debris, garbage, trash, rubbish, refuse, litter and filth so as to minimize the potential for unhealthy or unsanitary conditions which may attract vermin, rodents, insects, snakes and stray animals.
(B) All buildings, which, in addition to being vacant as defined in this chapter, not in conformance with divisions (A)(3) and (A)(4) above, and are open and unsecured to trespass, shall additionally meet the following requirements.
(1) All windows and doors at or below the ground floor area, including any basement or detached accessory structure, shall be fully glazed, fit reasonably well in their frames, be secured to preclude entry or boarded up and secured with a minimum one-half inch sheathing grade plywood, OSB board or equivalent. In no case shall the sheathing be affixed for a period longer than 30 days without being painted to match the exterior of the structure. All other openings above the ground floor shall contain doors and/or windows in conformance with divisions (A)(3) and (A)(4) above or shall be boarded up as per ground floor requirements, if ordered or approved by the City Manager.
(2) Sheathing shall be applied in a neat, orderly, weather tight and workpersonlike manner; cut reasonably well to the size of the opening; and painted to match the exterior color scheme of the structure.
(C) Any structure in the city, falling within the meaning of any of the definition of STRUCTURE UNFIT FOR HUMAN OCCUPANCY, UNSAFE STRUCTURE or PUBLIC NUISANCE is hereby declared to be illegal and to constitute a public nuisance which shall be subject to abatement by repair or demolition in accordance with the provisions of §§ 91.30 through 91.39.
(Prior Code, § 9.17.04) Penalty, see § 156.99
(A) (1) When a building or structure is to be registered as required herein, the owner or agent shall submit a vacant building plan.
(2) The plan shall contain, at a minimum, the following:
(a) A plan of action to maintain the building and premises thereof in conformance with all laws of the city and state, with reference to premises security and protection from vandalism;
(b) An approved plan for fire alarm and fire protection if required by the City Fire Department;
(c) The name and address of a local company, person or designated agent who can be called when emergencies occur and who may provide inspection access or make immediate repairs to windows, doors, alarm systems or other facilities or utilities. The company, person or designated agent shall be located in or a resident of a either the county or Hocking County and at least 18 years of age;
(d) A plan of action to remedy any fire, safety, health, sanitation or public nuisance existing or occurring in the building or on the premises;
(e) Any plans for demolishing or altering structures or buildings, along with a time schedule for such activity;
(f) Certification of insurance that will be applicable on the property during the time of vacancy;
(g) Any planned changes in ownership or interest in the property;
(h) If required, a lighting plan for parking or loading areas and night-time illumination of areas and walkways of the building which may be vulnerable to vandalism or criminal activity, as determined by the City Manager, Chief of Police or the City Manager’s designated representative;
(i) A listing of any and all motor vehicles that will be stored on the premises, along with the registration and ownership of such vehicles and a certification that current license and registration will be maintained or the vehicles stored in an enclosed building; and
(j) A plan in accordance with the requirements of § 156.04 for the maintenance of all structural items, such as windows, doors and other openings, so as to avoid the necessity of any boarding up, which is prohibited unless required and approved by the City Manager, and a plan for the regular maintenance of all exterior lighting fixtures and the illumination of the building, premises and walkways adjacent thereto. If a store front window is involved, a form of display shall be submitted to and approved by the City Manager, or his or her designated representative, so as to avoid the appearance of vacancy and to avoid papering, soaping and/or boarding up.
(B) The plan shall be reviewed and approved by the City Manager, or his or her designated representative, and implemented and completed within 30 days of the date that the building is registered under this chapter.
(C) The vacant building plan shall remain in effect, notwithstanding a change in ownership. A new owner shall be required to file a new registration with the City Manager within five days of ownership and supply the names, addresses and telephone numbers of the new owners, along with any required information, including new agent name that may be different from that set forth in the original plan and registration.
(D) Failure to comply with the approved plan shall constitute a violation of this section, subjecting the owner of the building to the penalties provided in this chapter or any other applicable regulation.
(Prior Code, § 9.17.05) Penalty, see § 156.99
Exemptions include the following:
(A) Abandoned residential property pending foreclosure;
(B) Properties that are part of an estate undergoing probate and not subject to bankruptcy provided the administrator or executor of the estate resides in a contiguous county;
(C) Rental properties actively being marketed for rental;
(D) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire and extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Officer. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building;
(E) A building that is for sale provided that the owner submits proof that it is listed in the MLS to the Code Enforcement Officer;
(F) A single-family home or owner-occupied two-family dwelling has been used as a residence for at least 90 days (three months) in the last 270 days (nine months) and the owner intends to resume living in the dwelling;
(G) A building under active construction/renovation/restoration where a building plan has been submitted to the Code Enforcement Officer but no later than one year (365 days);
(H) Any building that is owned by the land bank; and
(I) Any owner of a vacant building may request an exemption for other reasons (i.e., actively marketing as a rental) from the provisions of Chapter 156 by filing a written application with the Code Enforcement Officer. The applicant understands that the Code Officer shall consider the following:
(1) The applicant’s prior record as it pertains to the city housing code, building code or property maintenance code violations;
(2) The amount of vacant property that the applicant currently has within the city; and
(3) The length of time that the building for which the exception is sought has been vacant. Documentation required.
(Ord. 67-20, passed 11-29-2020)
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