(A) There is established the office of the New Lebanon Zoning Inspector and Property Maintenance Code Enforcement Administrator. It shall be the duty of the Zoning Inspector and Property Maintenance Code Enforcement Administrator to enforce this zoning code and the provisions therefore for property maintenance, as provided under O.R.C. § 713.06 et seq. to enforce this zoning code and property maintenance code in accordance with the provisions of this code. The condition of all premises and the exterior of all buildings and structures thereon shall be maintained at a level with the standards of the village. The purpose of this chapter shall be the elimination and prevention of blighting effects and hazards to health, safety and welfare.
(B) Title. These regulations and rules shall be known as the property maintenance code of the Village of New Lebanon, Ohio, hereinafter referred to as “this code.”
(1) Scope. The provisions of this code shall apply to all residential and non-residential structures and premises and constitute minimum requirements and standards for premises, structures, equipment and facilities, for safe and sanitary maintenance; the responsibilities of owners, operators and occupants; the occupancy of structures and premises, and for administration, enforcement and penalties.
(2) Intent. This code shall be construed to secure its express intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.
(3) Severability. If a section, sub-section, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(4) General. The provisions of this code shall apply to all matters effecting or relating to structures and premises as set forth in the zoning code. Where in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(5) Maintenance. The owner or the owner’s designated agent, any tenant or person in possession of the premises, shall be responsible for the maintenance of all structures and premises. No condition shall be permitted to exist which, in any way, adversely affects the health, safety and morals of the community or adversely affects the health, safety and morals of property owners in the community or, in any way, constitutes a nuisance, which would affect property values of real estate in the immediate vicinity of the subject property. The maintenance of unmowed yards, collections of trash, debris, unlicensed vehicles, unkempt yards, both unmowed yards and fence lines and other miscellaneous debris or junk shall be deemed to be prima-facie violation of the property maintenance code and shall constitute a nuisance.
(6) Application of other codes. Repairs, additions, alterations to a structure or changes of occupancy shall be done in accordance with any codes pertaining to such action that exists under the village code. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of the village zoning code.
(7) Existing remedies. The provisions of this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe, or unsanitary.
(8) 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.
(9) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in § 152.094(C)(14) and considered part of the requirements of this code to be prescribed to the extent of such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(10) Liability of Code Enforcement Department personnel for any tortuous act will be determined by the Ohio Courts to the applicable provisions of O.R.C. Chapter 2744.
('80 Code, § 98.01) (Ord. 84-17, passed 12-18-84; Am. Ord. 2019-02, passed 6-18-19)