(a) Definitions. For the purpose of this section the following shall apply unless the context clearly indicates or requires a different meaning.
(1) “Building Officer” means the City employee designated to enforce Part 13 of the Ordinances of the City of Portsmouth.
(2) “Code Enforcement Officer” means the City employee or his authorized delegate or representative designated to enforce Part 13 of the Codified Ordinances of the City of Portsmouth.
(3) “Dwelling” means a structure all or part of which is designed for human habitation.
(4) “Dwelling unit” means any room, group of rooms, or other interior area of a structure designed or used for human habitation.
(5) “Occupant” means any person who is living, sleeping, cooking, eating in, working or actually having possession of a dwelling, dwelling unit, or premises.
(6) “Owner” means any person who along, jointly or severally, with others:
A. Shall have legal title to any premises, dwelling or dwelling unit with or without accompanying actually possession thereof; or
B. Shall have charge, care, or control of any premises, dwelling or dwelling unit as owner or agent of the owenr, or an executor, administrator, trustee or guardian of the estate of the owner.
C. Any person having a legal or equitable interest in said property.
(7) “Person” means any individual, firm, corporation, association or partnership.
(8) “Premises” means a tract or plot of land occupied by a building or structure of any kind or nature, as well as the entire parcel of land surrounding such buildings or structure, including but not limited to, fences, walkways, walls and appurtenances.
(b) Inspections. The Code Enforcement Officer, upon consent of the owner, occupant or other person in charge of the dwelling, is authorized to enter a dwelling, dwelling unit, or any other premises and perform an inspection at any reasonable time, or at any other time agreed to by the owner, occupant or other person in charge of the dwelling, dwelling unit or premises. If the Code Enforcement Officer determines that a dwelling, dwelling unit or premises presents an imminent hazard, the Code Enforcement Officer is authorized to conduct an inspection at any time.
If the owner, occupant or other person in charge of the dwelling, dwelling unit or premises fails or refuses to permit free access and entry to the dwelling, dwelling unit or premises, the Code Enforcement Officer may petition and obtain an order or warrant to inspect from the Portsmouth Municipal Court or Scioto County Court of Common Pleas.
(c) Violation Notice. Whenever the Code Enforcement Officer determines that any dwelling, dwelling unit or premises are so constructed or so used that they are unsanitary, unhealthful or unsafe for occupancy, either to the occupants or to other residents of the City, the Code Enforcement Officer shall issue a “violation notice” to the owner or person responsible for the maintenance of the dwelling, dwelling unit or premises in question.
If the violation/violations involve a dwelling, dwelling unit or premises occupied by someone other than the owner or person responsible for the violation/violations and the violation/violations expose the occupant to an actual or suspected health hazard the occupant shall also be notified that a “violation notice” has been issued and of the potential hazard to their health. All notices and orders under this section shall:
(1) Be put in writing on an appropriate form.
(2) Include a list of violations and order remedial action.
(3) Specify a reasonable time in which to comply, giving due consideration to the immediacy of the threat to the health of the occupants. The time given to comply shall not exceed thirty days.
(4) Be served on the owner or other person in charge and the occupant. Such notice and order shall be properly served on such owner, occupant or other person in charge if a copy thereof is sent by certified mail to his or her last known address or principal place of business. If said certified letter is not accepted it will be considered served if a copy of it is posted in a conspicuous place in or on the dwelling, dwelling unit or premises in question.
(5) Include a statement of appeal rights.
(d) Condemnation of Premises. If the owner or person responsible for the maintenance of dwelling, dwelling unit or premises does not correct the violation/violations in the allotted time as expressed in the violation notice, the Code Enforcement Officer can condemn and placard the dwelling, dwelling unit or premises as unfit for human habitation. This action shall not be taken however until subsection (e) of this section has been satisfied.
(d) Appeal Procedure.
(1) Any person affected by a “violation notice” as prescribed in subsection (c) of this section may request and shall be granted a hearing before the City Manager, provided the request for such a hearing is made within the time limits specified in the “violation notice”.
(2) After such hearing, the City Manager shall sustain, modify or withdraw the alleged violation/violations as listed on the “violation notice” depending upon his findings. Notice of the decision of the City Manager shall be served on the person by certified mail.
(3) Any person affected by the decision of the City Manager as provided in subsection (e)(2) hereof, shall be entitled to appeal the decision of the City Manager to the Nuisance Board. Written notice of the appeal must be filed with the City Manager within five days after the affected person has been duly served by certified mail. This notice of appeal shall state the alleged violation/violations appealed. The Nuisance Board shall hear the appeal at their next regular meeting, provided that no hearing shall be had sooner than five days from the date of the filing of the notice of the appeal. Notice of the Nuisance Board meeting, at which the appeal is to be heard, shall be given to the appellant by certified mail at the address shown in their notice of appeal. The appellant shall be entitled to appear personally and with counsel, at the meeting of the Nuisance Board. The Nuisance Board may, in its discretion, continue the hearing on the appeal fromt ime to time until the hearing is completed.
(4) The Nuisance Board shall modify, withdraw or sustain the order of the City Manager made pursuant to subsection (e)(2) hereof. The copy of the decision of the Nuisance Board shall be mailed by certified mail to the appellant at the address shown in the notice of appeal, and to his counsel of record.
(f) Emergency Situation. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, he may, without advance notice or hearing, issue an order, stating the existence of such an emergency, and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be “effective immediately”. Any person to whom such order is directed shall comply therewith immediately, but shall be advised in writing at the time of the order that, within ten days, they may petition the City Manager for a hearing and shall be afforded a hearing within three working days from the date of the request. After such hearing, depending on his findings as to whether or not an emergency condiiton exists, and, if so, whether the emergency condition has been abated, the City Manager shall continue such order in effect.
(Ord. 2021-13. Passed 3-22-21.)