Every foundation, exterior floor, exterior wall and roof of every unoccupied or vacant dwelling shall be so constructed and maintained and be kept in good repair and in such safe condition so as to make all rooms and other interior areas weathertight, watertight and rodent proof, and so as to prevent the structures from becoming harbors for rats, vermin or insects, to prevent unauthorized entry of the structures, to eliminate unsafe or unsanitary conditions, to prevent unauthorized entry of the structures, to eliminate unsafe or unsanitary conditions, to prevent the deterioration of unoccupied or vacant buildings in such gross contrast to the neighborhood in which such property is located that they become patently offensive, to preserve and maintain real estate values and ready marketability of real estate, to maintain a high character of community development, and to preserve from deterioration or diminution the supply of safe and sanitary housing available for residents of the City. Good repair, maintenance, and safe condition shall include, but is not limited to, the following:
(A) Foundations shall support the building at all points and shall be free of all holes and cracks which admit rodents, water or dampness to the interior of the building or lessen the capability of the foundation to support the building;
(B) Exterior walls and other exterior surface materials shall be free of holes, cracks, loose or rotting boards and timbers, or any other condition which might admit rodents, rain or dampness to the building interior;
(C) Windows shall be fully supplied with window glass which is glazed and is without open cracks or holes, shall have sash in good condition which fit reasonably well within frames, or if window glazing is not readily available, secure window opening with exterior grade one-half inch thick plywood painted on the outside to match the exterior color scheme of the building until such time as the window glass can be replaced. Windows temporarily secured with plywood shall be replaced with suitable glazing materials within 30 days of the temporary repair;
(D) Doors shall be maintained so as to be structurally sound, fit reasonably well within frames so as to be weatherproof and waterproof and be provided with door hinges and door latches which are in good working condition;
(E) Roof members, covering and flashing shall be provided so as to prevent the entrance of moisture and be maintained by renewal, repair, waterproofing or other suitable means;
(F) Rain gutters, downspouts and leaders shall be provided to collect, conduct and discharge all water from the roof and maintained so as not to leak or cause dampness in the walls, ceilings or basements, or adversely affect the adjacent properties;
(G) Chimneys shall be free of cracks, holes or missing portions;
(H) Every porch shall be so constructed and maintained so as to be free of missing, defective, rotting or deteriorated foundations, supports, floors, other members, and steps thereto, so as to be safe to use and kept in sound condition and in good repair;
(I) Any structural member which has become deteriorated or damaged to the extent that it does not serve the purpose as originally intended shall be renewed, restored, repaired or replaced as is necessary to serve the purpose as originally intended;
(J) Exterior wood and ferrous metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint;
(K) Basement or cellar hatchways shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage into the building interior;
(L) Interior areas of the unoccupied or vacant building and common areas shared by two or more unoccupied or vacant building units shall be maintained in a clean and sanitary condition;
(M) The interior of the unoccupied or vacant building and the exterior premises shall be maintained free of rodents, insects and other pests;
(N) Driveways, terrace steps, yard walks, fences, yard cisterns, garages, garage pads and all exterior premises shall be of sound construction and maintained free of defects or objects, materials, or conditions which create a health, safety or fire hazard, or which are a public nuisance;
(O) The exterior open space around each unoccupied or vacant building shall be maintained or so improved so as to provide for the immediate diversion of water away from neighboring buildings and proper drainage of the lot; and shall also provide for grass, plantings or other suitable ground cover to prevent soil erosion which is or may become detrimental to the structures, lot use, or adjacent lots and structures;
(Q) Notwithstanding any other provision of this PMC, if the owner, lessee, agent or tenant of a vacant building fails to comply with any lawful notice of violation issued under this PMC, the PMO shall cause written notice to be personally served on the owner, lessee, agent or tenant having charge of the land that any and all violations of the PMC shall be remedied. If the owner, lessee, agent or tenant having charge of the land is a nonresident whose address is known, the notice shall be sent to his or her address by certified mail. Notice by certified mail becomes effective when placed in the post. If the owner, lessee, agent or tenant in charge of the land is a resident whose address is known, the notice shall be served on him or her personally. If the address of the owner, lessee, agent or tenant in charge of the land is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the county.
(R) The PMO, his or her designee, any police officer, or the Clerk of Council/Finance Director may make service and return of the notice provided for in division (Q) of this section, and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.
(S) If the owner, lessee, agent or tenant having charge of the land fails to comply with the notice provided for in division (Q) of this section, the PMO is authorized to call upon any department, division or bureau of the city for whatever assistance may be necessary, or may, by private contract, have any and all necessary work completed to bring the property into compliance.
(T) Whenever any necessary work must be completed by the city as provided in division (S) of this section, then, after the work is done, the City Clerk of Council/Finance Director shall give notice, by regular mail, to the owner of the lot or parcel of land, at his or her last known address, a statement of the charges for labor, material and equipment incurred in performing the work. In the event the same is not paid within 30 days after the mailing of the notice, then the amount shall be assessed as provided in § 155.065.
(U) Individuals performing necessary work pursuant to division (S) of this section shall have a right of entry onto the property. Said entry shall not constitute a trespass.
(Ord. 56-1987, passed 10-21-87; Am. Ord. 41-2005, passed 9-21-05)