PROPERTY MAINTENANCE CODE.
The following Sections of Chapter One of the ICC International Property Maintenance Code shall be amended as listed below:
(a) PM-101.1 Title. This paragraph shall be amended to read as follows:
These regulations shall be known as the Property Maintenance Code of the City of Sylvania hereinafter referred to as the Property Maintenance Code or "this Code."
(b) PM-102.3 Application of Other Codes. This paragraph shall be amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes legally adopted in this jurisdiction.
(c) PM-102.7 Referenced Code and Standards. This paragraph shall be amended to read as follows:
The codes and standards referenced in this code shall be replaced by the locally adopted code standards listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(d) PM-110 Demolition. This Section should be deleted in its entirety (Refer to Chapter 1329
, Nuisance Abatement).
(e) PM-111.2 Membership of Board. This Section and all subsections (Paragraphs one through five) shall be amended to read as follows:
There shall be and hereby is created a Property Maintenance Code Appeals Board, hereinafter referred to as the Board, consisting of five members appointed by City Council. Those members making up the Board of Zoning Appeals as established in Chapter 1105 of the Sylvania Codified Ordinances shall also serve as the Appeals Board for this Code. This Board shall carry out all the duties and obligations required of the Board in this Code. No member shall hear an appeal in which that member has a personal, professional or financial interest. (Ord. 97- 2002. Passed 10-21-02.)
(f) PM-104.4 Right of Entry. This section shall be amended to read as follows:
The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided herein.
(g) PM-104.4.1 Where Right of Entry by Code Official is Refused. This section shall be added and shall read as follows:
The code official may apply to the Sylvania Municipal Court, upon affidavit, for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises, and if the Court is satisfied as to the matter set forth in such affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. A warrant for access may be issued by the Court upon affidavit of code official establishing the grounds therefor.
(Ord. 104-2006. Passed 11-20-06.)
(h) PM-106.4 Violation Penalties. This section shall be amended to read as follows:
Whoever violates any provision of this Property Maintenance Code or fails to comply with any of its requirements shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 9-2008. Passed 2-4-08.)