The following sections of the International Property Maintenance Code are hereby revised as follows and shall be controlling over the provisions in conflict of the most recent public available version of the International Property Maintenance Code:
Section 101.1 Title.
These regulations shall be known as the International Property Maintenance Code of the City of Salem, Ohio, hereinafter referred to as "this Code."
Section 102.3 Application of Other Codes.
Repairs, additions or alterations to a structure shall be done in accordance with the procedures and provisions of the codes and reference standards as set out in Chapter 8 herein.
Section 103.1 General
The City of Salem Fire Department shall fulfill the role of the Department of Property Maintenance as set out herein and the Fire Chief shall be known as the Code Official.
Section 103.2 Appointment
Removed and eliminated.
Section 103.5 Fees
Fees for activities and services performed by the Department in carrying out its responsibilities under this Code shall be in accordance with Section 1501.13
of the Codified Ordinances of the City of Salem as if the International Property Maintenance Code was referenced directly therein.
Section 104.2 Inspections
The Code Official shall make all of the required inspections, or shall accept reports of inspection by a approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to request, at the property, building or structure, owner's expense, expert opinion up to and including a structural integrity inspection by a certified structural engineer as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. Expenses associated with this Section shall be subject to the provisions of Sections 106.5 and 106.6.
Section 104.5 Notices and Orders
The Code Official shall issue all necessary notices or orders to ensure compliance with this Code in accordance with Section 107.
Section 105.1 Modifications
Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the Code Official shall first find that special individual reason makes the strict letter of this Code impractical and modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered into the Department file and shall be reviewed by the Board of Appeals upon request of the Code Official, the property owner or any affected adjacent land owner pursuant to Section 111.
Section 106.4 Violation Penalties
Any person who shall violate a provision of this Code or fail to comply therewith or with any of the requirements as set out therein, shall be subject to criminal prosecution as set out herein, unless otherwise specified in a particular Code section:
First Offense - Minor Misdemeanor
Second Offense - Fourth Degree Misdemeanor
Third Offense - Third Degree Misdemeanor
Fourth Offense - Second Degree Misdemeanor
Fifth Offense - First Degree Misdemeanor
Each day that any violation of this Code continues shall be deemed to be a separate offense for the purposes of enhancement of criminal liability. Prosecution of any violation of this Code as a criminal offense shall be in addition to, and not limit, any civil remedy that may be allowable as set out in this Code.
Section 106.6 Costs of Prosecution and Abatement
The City may recover from the owner of any property such costs that may occur for prosecution of violations of this Code or the abatement of violations of this Code including the actual costs of staff time and legal services in the event that litigation is initiated.
The expenses incurred by the City and chargeable to the property owner for the prosecution of violations or the abatement of violations of this Code shall be a lien upon the property at issue. Whenever an invoice for such expenses remains unpaid by the property owner for thirty (30) days after the date of issue, the City Auditor shall make a written return to the County Auditor of expenses to be charged and the property description of the real property in question. Said amounts shall be entered upon the tax duplicate, and shall be a lien upon such lands after the date of entry and shall be collected as other taxes to be returned to the City and deposited in the General Fund. The remedies provided in this Section are in addition to any other penalties that may be allowable under this Code.
Section 107.3 Method of Service
Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally upon the property owner or their designated or statutory agent.
2. Sent by certified mail, return receipt requested to the owner of the property at the tax mailing address on file with the Columbiana County Auditor or to the agent, or statutory agent for the property whose address may be obtained from any public agency.
All other provisions of Section 107.3 shall remain in effect.
Section 111.2 Membership of Board
The Board of Appeals as contemplated herein shall be the currently sitting City of Salem Board of Zoning Appeals. The Code Official shall be an ex-officio member, but shall have no vote on any matter before the Board.
Sections 111.2.1 through 111.2.5
Removed and eliminated.
Section 301.4 Notices
Notices issued under this Chapter shall comply with Section 107 and shall be effective for the remainder of the calendar year in which they are issued. Abatement procedures may be taken pursuant to Section 106 without the issuance of additional notices.
Section 302.4 Weeds
All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
All other provisions of Section 302.4 shall remain in effect.
Section 304.14 Insect Screens
During the period from April 1st to October 31st, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self closing device in good working condition.
All other provisions of Section 304.14 shall remain in effect.
Section 309.6 Abatement by City
If the owner, lessee, agent or tenant having charge of the land or property violates any provision of this Chapter and fails to comply with a notice of abatement required herein, the administrator or his/her designee shall cause such pests to be removed at the owner's expense.
Section 309.7 Recovery of Costs and Fees
The City may recover from the owner of any property such costs that may occur for prosecution of violations of this Code or the abatement of violations of this Code including the actual costs of staff time and legal services in the event that litigation is initiated.
The expenses incurred by the City and chargeable to the property owner for the prosecution of violations or the abatement of violations of this Code shall be a lien upon the property at issue. Whenever an invoice for such expenses remains unpaid by the property owner for thirty (30) days after the date of issue, the City Auditor shall make a written return to the County Auditor of expenses to be charged and the property description of the real property in question. Said amounts shall be entered upon the tax duplicate, and shall be a lien upon such lands after the date of entry and shall be collected as other taxes to be returned to the City and deposited in the General Fund. The remedies provided in this Section are in addition to any other penalties that may be allowable under this Code.
Section 602.3 Heat Supply
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat or a sufficient, safe and code compliant heating apparatus available for the use by said occupants during the period from October 1st through April 30th and maintain a minimum temperature of 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms.
All other provisions of Section 602.3 shall remain in effect.
Section 602.4 Occupiable Work Spaces
Indoor Occupiable work spaces shall be supplied with heat to the occupants or sufficient, safe and code compliant heating apparatus for use by the occupants during the period from October 1st through April 30th to maintain a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.
All other provisions of Section 602.4 shall remain in effect.
Chapter 8 Referenced Standards
This Chapter lists the standards that are referenced in various sections of this Code. The following is a list of standards that are to be controlling over the codes in the event of a conflict between standardized codes. In the event that there are conflicts, the following standardized codes and their subsequent revisions shall be controlling:
1. National Electric Code
2. Ohio Residential Code
3. Ohio Building Code
4. Ohio Fire Code
5. Ohio Mechanical Code
6. Ohio Plumbing Code
All other provisions of Chapter 8 shall remain in effect.
(Ord. 151020-63. Passed 11-17-15.)
CODIFIED ORDINANCES OF SALEM