1420.04 AMENDMENTS.

   (a)    As each of the codes adopted by this chapter is superseded by a new edition approved by its sponsoring body, such new edition shall be deemed adopted by the City without further action by the City Council.

   (b)    In response to local conditions, needs and preferences, the adopted codes are hereby amended as follows:

      (1)   Certain parts of the 2000 International Property Maintenance Code are hereby revised as follows:

All subsections: All references to metric system measures are deleted. All code provisions published by the International Code Council shall incorporate all relevant State of Ohio statutes and City of Springboro ordinances as if such references are expressly stated with such provisions. In the event of any inconsistencies, the most restrictive provision(s) will apply.

Subsection 101.1 Insert "City of Springboro" in line 2.

Subsection 102.6 Delete.

Subsection 103.6 Delete.

Subsection 106.1 Replace with: "Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any premises, property, structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code."

Subsection 106.3 Replace with: "Prosecution of violation. Any person who fails to comply with a lawful notice of violation and/or order to correct such violation, served in accordance with Section 107 shall be deemed guilty of a strict liability offense, punishable as a misdemeanor of the fourth degree as set forth in Section 1420.99 of the Codified Ordinances of Springboro. The code official may, in addition to or in lieu of criminal prosecution, institute an appropriate proceeding at law or in equity to restrain, correct or abate the violation, and/or to terminate the unlawful use or occupancy of the premises.

Subsection 106.4 Delete. (Ord. 02-22. Passed 4-4-02.)

Subsection 107.3 Such notice shall be deemed properly served if a copy thereof is:

1.   Delivered personally by an employee of the City, or its designee; or

2.   Sent by certified mail, return receipt requested, and first-class mail to the owner(s) at the tax mailing address on file with the Treasurer of Warren County; and

3.   Posted in a conspicuous place in or about the structure/property affected by such notice.

Subsection 107.2.4 Any notice sent under Section 107.3 shall include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure or property into compliance with the provisions of this code. With regard to noxious weeds and other site related issues a reasonable time for correction shall be deemed to be seven (7) days after the notice provided in 107.3 has been personally delivered or sent by certified mail and posted on the property.
(Ord. 04-19. Passed 5-20-04.)

Subsection 107.5 Delete all references to "mortgage," "lease," "mortgagee," and "lessee."

Add Subsection: "108.6 Maintenance after casualty damage. Within a period of thirty days after casualty damage to any premises, the owner and operator shall have taken the following steps:

1.    Contracted for the repair and restoration of damaged areas and removal of debris; and/or

2.    Contracted for the demolition and removal of any aspects of the premises not to be repaired and restored, and also for the removal of debris in connection therewith; and

3.    Arranged for dates of performance under such contracts which will result in the work being completed within sixty days from the contract date, except to the extent delay is caused by weather, strikes, acts of God or other happenings beyond the control of the owner, operator and contractor. "

Subsection 111.2 Replace with "Board of Appeals. The board of appeals for any matters arising under this Property Maintenance Code shall be the City of Springboro Board of Zoning Appeals. In the event of any conflict between the administrative process described herein and the adopted procedures of the Board of Zoning Appeals, the procedures of the Board of Zoning Appeals shall prevail."

Subsection 202 Insert the following definitions in proper alphabetical sequence:

"AUTOMOBILE PART. Any new or used portion or part of a motor vehicle which is not permanently attached to a vehicle."

"BED & BREAKFAST. The provision of sleeping rooms for overnight lodging of guests, usually followed by the provision of breakfast or brunch to such guests the next day, for a fee."

"DEVELOPED LOT. A lot or parcel upon which a structure requiring a governmental permit such as a building, sign on fence has been constructed or is under construction, or upon which paving has been installed for the purpose of vehicular circulation or parking."

"MANAGER. The City Manager of Springboro, Ohio."

"SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum or any other metal or alloy thereof, whether covered with porcelain or any other material or whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose."

"BUILDING MATERIAL. Any used or unused material, such as wood, stone, brick, cement block or any composition thereof, used or useful in the construction of a building or structure."

Add Subsection: "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 per Section 307 without issuing any additional notices."

Subsection 302.3 Add: "Grass or other vegetation growing in or through sidewalks on the public street right-of-way (or through cracks in those sidewalks) shall be removed."

Subsection 302.04 Replace with: "Weeds. All developed lots shall be maintained free of weeds and plant growth in excess of eight (8) inches in height. All undeveloped lots and any abutting street right-of-way shall be maintained free of weeds and plant growth in excess of eight (8) inches in height for the first fifty (50) feet measured perpendicularly to any adjacent road surface or developed lot. Exceptions: Regulated weeds and plant growth do not include trees (except those identified by the City tree ordinance as nuisances), ornamental shrubs, cultivated flowers, gardens or cultivated crops. Areas which are heavily forested and in a natural state need not be mowed."

Add Subsection: "302.10 Diseased trees. All diseased trees which are afflicted with a form of decay or vegetation sickness which can be transmitted to other trees, and all trees infested with insects to such an extent as to create a nuisance adversely affecting nearby persons or property, shall be removed immediately or shall be treated or sprayed in such a manner and with such material as to eliminate at once the risk of such decay or vegetation sickness being transmitted to other trees and to remove such nuisance. Any dead tree which because of its proximity to rights- of-way, buildings, structures or congregations of people may endanger such right-of-way, buildings, structures or congregations of people, may be ordered removed if in the opinion of the Code Official such tree constitutes a safety hazard. If the owner fails to comply with an order of removal, the City may lawfully enter upon the property, remove the tree and assess the cost of removal against the property."

Add Subsection: "302.11 Screening of outdoor storage. All outdoor storage for a continuous period exceeding fifteen days shall be enclosed or otherwise screened from public view.

Exception: The storage of such functional items as children's play structures, firewood and bicycles shall be permitted."

Subsection 303.14 Insert "May 1" in line 1 and "October 31" in line 2.

Subsection 305.1 Add "No person shall store, place, or allow to remain, any building materials, automobile parts, scrap metal, refuse or rubbish on any lot, part of a lot or parcel of land.

Exception: It shall not be unlawful for any person to purchase used building materials and place or store them on a lot, part of a lot or parcel of land, when such materials are to be used by the purchaser or owner in later construction on the same lot or on any lot owned or controlled by such person, provided that such materials shall not remain on such lot, part of a lot or parcel of land for more than thirty days, unless the construction planned for the use of such materials has commenced, and provided, further, that such materials are used or consumed in the construction or removed from the premises within four months from the time such materials are first placed on the lot, part of a lot or parcel of land. No person shall move any materials so stored or placed to another location within the Municipality for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, part of a lot or parcel of land, when the same have been sold to a bona fide purchaser for value for such purchaser's own use."

Subsection 305.2.1 Add: "Containers shall be nonflammable and designed to contain odors and minimize the intrusion of rodents, insects and precipitation. They shall be maintained in good condition."

Subsection 305.3.2 Replace with: "Containers shall be nonflammable and designed to contain odors and minimize the intrusion of rodents, insects and precipitation. They shall be maintained in good condition. If stored outdoors, such containers shall not be located within any side yard unless screened from view. In no case shall containers be stored where they may become offensive or constitute a nuisance to occupants of adjacent properties. Every outside garbage storage container shall be so maintained that no odors will permeate any dwellings or dwelling units. Containers shall not be set at the curb any earlier than 12:00 noon the day before the scheduled collection day nor left at the curb any later than 12:00 noon the day following collection."

Add "SECTION 307- ABATEMENT BY MUNICIPALITY"

Add Subsection: "307.1 Abatement by Municipality. If the owner, lessee, agent or tenant having charge of the land in violation of any of the provisions of this chapter fails to comply with a notice of abatement required by Sections 302.4, 302. 10, 305, and 306, the Manager or his or her designee shall cause such plants or weeds to be cut, or such diseased trees, litter, rubbish, and garbage to be removed."

Add Subsection: "307.2 Recovery of Administrative Costs. The City may recover from the owner of the property such costs as it may incur under Section 107.01, plus its actual cost of staff time and legal services, in the event that civil litigation is initiated and the City prevails in the action."

Add Subsection: "307.3 Recovery of Abatement Expenses. The expenses incurred by the Municipality and chargeable to the property owner under section 307.2 shall be a lien upon the land. Whenever an invoice for such expenses remains unpaid by the property owner for sixty days after actual receipt, the Manager or his/her designee shall make a written return to the County Auditor of the expenses to be charged and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from and after the date of entry, and shall be collected as other taxes, to be returned to the Municipality and deposited in the General Fund. The remedies provided in this section and in Section 307.1 are in addition to the penalty provided in Section

Subsection 402.1 Replace "8" with "10" in lines 4 and 15.

Subsection 404.3 Add "6 inches" after "7 feet" in line 4.

Subsection 404.4.1 Replace "70" with "80" in line 2 and "50" with "60" in line 4. Add: "Exception: All Bed and Breakfast occupancies shall comply with the requirements of Section 1270.53 of the Codified Ordinances."

Add Subsection: "404.8 Use of cellar and basement. No cellar space shall be used as a rooming unit or dwelling unit. No basement space shall be used as a rooming unit or dwelling unit, unless:

1.    The floors and walls are impervious to leakage of underground and surface runoff water and are well drained and protected against dampness.

2.    The total window area in each room is equal to at least ten percent (10%) of the floor area of the room and is entirely above the grade of ground adjoining such window area.

3.    The total openable window area of each habitable room is at least forty-five percent (45%) of the required window area, except where there is supplied some other device affording adequate ventilation and approved by the Code Official.

4.    Such basement space is separated from heating equipment, including incinerator or other equally hazardous equipment by a standard partition.

5.    Access can be gained to such space without passage through a furnace room."

Subsection 505.4 Replace "120" with "130" in line 5

Subsection 602.2 Replace with "Every residential building, or dwelling unit in a building of mixed occupancy, shall have heating facilities, and the owner of the heating shall be required to ensure that they are properly installed, safely maintained and in good working condition. Such heating facilities shall be capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least seventy degrees Fahrenheit (70°F) with an outside temperature of minus ten degrees Fahrenheit (-10°F). Cooking appliances may not be used to provide space heating to meet the requirements of this section."

Subsection 602.3 Insert: "October 1" and "April 30" in line 5. Replace "65° F (18°c)" with "70°F" in line 6.

Subsection 602.4 Insert: "October 1" and "April 30" in line 3. Replace "65°F (18°c)" with "70°F" in line 6.
(Ord. 02-22. Passed 4-4-02.)