1464.01 Title.
1464.02 Purposes.
1464.03 Definitions.
1464.04 Application of chapter.
1464.05 Issuance of permits and licenses.
1464.06 Effect of license, permit or certification.
1464.07 Responsibilities of owners, operators and occupants.
1464.08 Duties of owners, operators and occupants.
1464.09 Maintenance of premises during construction, reconstruction and repair.
1464.101 Declaration of public nuisance, order and authority to abate.
1464.105 Abatement of nuisance; collection of costs; assessment.
1464.11 Notice of violation.
1464.12 Appeals.
1464.13 Conflict of laws.
1464.99 Penalty.
CROSS REFERENCES
Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
Power to regulate building sanitation - see Ohio R.C. 715.29
Nuisances - see Ohio R.C. Ch. 3767
Noxious odors; filthy accumulations - see GEN. OFF. 660.04
Garbage disposal from apartments - see S.U. & P.S. 1060.02
Unsafe buildings - see B. & H. Ch. 1486
The purposes of this Exterior Property Maintenance Code are to protect the public health, safety, morals and welfare by establishing minimum standards to make all parcels and dwelling structures safe, sanitary, free from fire and health hazards, fit for human habitation and beneficial to the public welfare; to establish minimum standards governing the maintenance and condition of residential and nonresidential premises so as not to not constitute a blighting or deteriorating influence on the neighborhood community; to authorize the condemnation of structures which are unsafe or unfit for human habitation to fix certain responsibilities and duties upon the owners and operators; and to fix penalties for a violation of this Code.
(Ord. 1970-167. Passed 10-7-70; Ord. 17-07. Passed 2-21-17.)
As used in this chapter:
(a) “Accessory structure” means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
(b) “Abate” or “abatement” means the removal or correction of any conditions that constitute a nuisance and the making of any other improvements that are needed to effect a rehabilitation of the building, structure, or property that is consistent with maintaining safe and habitable conditions over its remaining useful life. “Abatement” does not include the closing or boarding up of any building or structure that is found to be a public nuisance.
(c) “Building” means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
(d) “Building Code” means the Building and Housing Code of the City, codified as Part Fourteen of these Codified Ordinances.
(e) “Deterioration” means the condition or appearance characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
(f) “Dwelling” means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
(g) “Dwelling unit” means any room or group of rooms located within a dwelling forming a single habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
(h) “Exposed to public view” means any premises, or part thereof, or any building or part thereof, which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, licensed open air parking lot or adjoining or neighboring premises.
(i) “Exterior of the premises” means those portions of a building which are exposed to the elements and the open space of any premises outside of any building erected thereon.
(j) “Fire Chief” means the Chief of the Fire Department of the City.
(k) “Fire hazard” means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fires; or which may obstruct, delay or hinder, or may become the cause of an obstruction, delay, hazard or hindrance to, the prevention, suppression or extinguishing of fires.
(l) “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(m) “Infestation” means the presence of insects, rodents, vermin or other pests on the premises, which presence constitutes a health hazard.
(n) “Mixed occupancy” means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses.
(o) “Nuisance” means:
(1) Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the State or the ordinances of the City;
(2) Physical conditions of a property or structure by reason of deterioration of materials, lack of repair or maintenance which is dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist; is otherwise no longer fit and habitable; or is a blighting or deteriorating factor on the neighborhood;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter; or
(4) Fire hazards.
(p) “Operator” means any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
(q) “Owner” means any person who, alone or jointly or severally with others, has legal or equitable title to any premises with or without accompanying actual possession thereof; or who has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including, but not limited to, executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
(r) “Premises” means a lot, plot or parcel of land, including the buildings or structures thereon.
(s) “Property Maintenance Officer” means the Building Commissioner of the City and such other officials as he or she may designate to act in his or her behalf.
(t) “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
(u) “Registered mail” means registered or certified mail.
(v) “Rooming unit” means any room or group of rooms forming a single habitable unit, other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
(w) “Rubbish” means nonputrescible solid wastes consisting of both combustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass and crockery, and similar materials.
(Ord. 1970-167. Passed 10-7-70.)
(x) “Structure” means a combination of any materials, whether fixed or portable, forming a construction. “Structure” includes radio and television antennas, satellite dishes and receiving stations. (Ord. 1986-73. Passed 2-18-87.)
(y) “Weathering” means deterioration, decay or damage caused by exposure to the elements.
(Ord. 1970-167. Passed 10-7-70; Ord. 17-07. Passed 2-21-17.)
Every residential and nonresidential building and the premises on which it is situated in the City, used or intended to be used for dwelling, commercial or business occupancy, shall comply with this chapter, whether or not such building has been constructed, altered or repaired before or after the enactment of this chapter (Ordinance 1970-167, passed October 7, 1970), and irrespective of any permits or licenses which have been issued for the use or occupancy of the building, or for the installation or repair of equipment or facilities prior to the effective date of this chapter (Ordinance 1970-167, passed October 7, 1970). This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, except as provided in Section 1464.13. Where there is mixed occupancy, the residential or nonresidential use therein shall be nevertheless regulated subject to this chapter.
(Ord. 1970-167. Passed 10-7-70.)
After the date of enactment of this chapter (Ordinance 1970-167, passed October 7, 1970), all licenses and permits shall be issued conditionally upon compliance with this chapter as well as compliance with the ordinances under which such licenses and permits are granted.
(Ord. 1970-167. Passed 10-7-70.)
No license, permit or other certification of compliance with this chapter shall constitute a defense against any violation of any provision of this chapter or any other ordinance of the City applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with such provision, or any official of the City from enforcing such provision.
(Ord. 1970-167. Passed 10-7-70.)
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