1363.01 Title and purpose.
1363.02 Definitions.
1363.03 Applicability.
1363.04 Conflict of laws.
1363.05 Issuance and renewal of other permits and licenses.
1363.06 Compliance required.
1363.07 Responsibilities of owner, operator and occupant independent of each other.
1363.08 Duties and responsibilities of owner, operator and occupant.
1363.09 Maintenance of premises during construction, reconstruction and repair.
1363.10 Inspection.
1363.11 Responsibility.
1363.12 Notice.
1363.13 Service of notice.
1363.14 Appeal.
1363.15 Right to enter adjoining property for repairs or maintenance; liability for damage.
1363.99 Penalty.
CROSS REFERENCES
Power to regulate building construction - see Ohio R.C. 715.26
Municipal power to abate nuisances - see Ohio R.C. 715. 44
Occupancy permits - see BLDG. Ch. 1327
Masonry requirements - see BLDG. Ch. 1369
Unsafe buildings - see BLDG. 1379.01 et seq.
(a) Title. This chapter shall be known as the Exterior Property Maintenance Code of the City of Parma Heights.
(b) Purpose. The purpose of this chapter is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance and condition of residential and nonresidential premises; to fix certain responsibilities and duties upon the owners and operators; and to fix penalties for the violation of this chapter. (Ord. 1967-40. Passed 7-10-67.)
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) “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.
(c) “Building Code” means the Building Code of the City.
(d) “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.
(e) “Dwelling” means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
(f) “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.
(g) “Exposed to public view” means any premises or any part thereof or any building or any part which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open air parking lot or from any adjoining or neighboring premises.
(h) “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.
(i) “Fire Chief” means the Chief of the Fire Department of the City of Parma Heights, (j) “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 fire or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay or a hazard or a hindrance to the prevention, suppression or extinguishment of fire.
(k) “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(l) “Infestation” means the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
(m) “Mixed occupancy” means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses.
(n) “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 dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Code.
(4) Fire hazards.
(o) “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.
(p) “Owner” means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises with or without accompanying actual possession thereof or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owners, or as fiduciary, including but not limited to, executor, administrator, 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.
(q) “Premises” means a lot, plot or parcel of land including the buildings or structures thereon.
(r) “Property maintenance officer” means the Director of Public Service of the City and such other officials as he may designate to act in his behalf.
(s) “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.
(t) “Registered mail” means registered or certified mail.
(u) “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.
(v) “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery and similar materials.
(w) “Structure” means the combination of any materials, whether fixed or portable, forming a construction.
(x) “Weathering” means deterioration, decay or damage caused by exposure to the elements.
(Ord. 1967-40. Passed 7-10-67.)
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 the provisions of this chapter, whether or not such building has been constructed, altered or repaired before or after the enactment of this chapter, 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 of facilities prior to the effective date of this chapter. 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 1383. 04. Mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by the provisions of this chapter.
(Ord. 1967-40. Passed 7-10-67.)
In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the City or laws of the State, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinances of the City or laws of the State, then the higher standard contained in any such other ordinance or law shall prevail.
(Ord. 1967-40. Passed 7-10-67.)
After the date of enactment hereof, 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. 1967-40. Passed 7-10-67.)
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