(a) General.
(1) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
(2) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(b) Exterior Property Areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(2) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approve retention areas and reservoirs.
(3) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(4) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(5) Accessory structures. All accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair.
(6) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(c) Exterior Structure.
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. When thirty percent (30%) of the exterior structure is peeling, flaking or chipping, or otherwise in disrepair, a violation will be deemed to have occurred. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight.
(3) Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public way. All numbers shall be in Arabic numerals at least 3 inches (76mm) high and ½-inch (13mm) stroke.
(4) Foundation walls. All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents.
(5) Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(6) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(8) Overhang extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(9) Stairway, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(10) Chimneys and towers. All chimneys, cool towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(11) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(12) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(13) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition.
(14) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(d) Rubbish and Garbage.
(1) Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage.
(2) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner.
(e) Notice of Violation. Whenever the Zoning Compliance Officer determines that there has been a violation of any of the provision of this section, written notice of such violation shall be given to the owner, lessee, agent, or tenant having charge of the structure or property. Such notice shall include a list of violations, refer to the section violated and order remedial action that will effect compliance with the provisions of this section, and specify a period of thirty (30) days to comply. Service of notice of violation shall be by personal delivery to the person or persons responsible; certified mail addressed to the person or persons responsible at the last known address; or posting a copy of the notice in a conspicuous place on the premises.
(f) Hearings. Any person affected by any notice and order which has been issued in connection with the enforcement of any of the provisions of this section may appeal the matter to the Board of Zoning and Building Appeals in accordance with Section 1137.05.
(g) Penalty. Whosoever violates any provision of this section is guilty of a minor misdemeanor, punishable by up to a one hundred dollar ($100.00) fine, for each offense. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of Section 1185.04, the offender is guilty of a misdemeanor of the third degree. The imposition of a penalty shall not excuse the violation or permit it to continue and the application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.
(h) Civil Remedies. The City of Stow, the Mayor on behalf of the City of Stow, or any officer designated by the Mayor on behalf of the City of Stow may, in addition to the criminal remedies provided in this section, file suit for injunction against any violation of this section.
(Ord. 2007-222. Passed 1-10-08.)