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(a) The Director of the Department of Neighborhoods, herein after referred to as "the Director," or his/her designated representative is hereby authorized and directed to make inspections pursuant to one or more plans for the inspection authorized by Section 1743.02; or in response to a complaint that an alleged violation of the provisions of this Housing Code or of applicable rules and regulations adopted pursuant thereto has been committed; or when the Director of the Department of Neighborhoods or his/her designated representative, has valid reason to believe that a violation of the provisions of this Housing Code or any rules or regulations adopted pursuant thereto has been committed.
(b) The Director and/or his/her designated representative is hereby authorized to enter on and into and inspect all premises, dwellings, dwelling units and accessory buildings subject to the provisions of the Housing Code for the purpose of determining whether there is compliance with its provisions.
(c) Upon presentation of proper credentials, the Director and/or his/her designated representative may enter at reasonable times, any building, structure or premises in the City to perform any duty imposed on him by this Housing Code.
(d) If an owner, occupant or other person in control of premises, dwellings, dwelling units or accessory buildings subject to the provisions of this Housing Code shall refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the structure or premises where inspection authorized by this Housing Code is sought, the Director may seek in a court of competent jurisdiction, an order that such owner, occupant or other person in control, cease and desist with such interference.
(e) Only information and evidence gathered relating to the condition of the premises and violations of this Housing Code existing therein shall be a matter of public record.
(f) Notwithstanding the provisions of subsection (e) hereof, whenever the Director determines that a dwelling has been illegally converted to contain more dwelling or rooming units than is authorized under Part Eleven - Planning and Zoning Code, or whenever he has determined that any correction of a violation notice given pursuant to this Housing Code has been performed without obtaining required building permits, the Director shall advise the Commissioner of Code Enforcement of such violation, or violations, who shall then take such enforcement action as is necessary to correct such violation or violations.
(Ord. 134-15. Passed 3-31-15.)
(a) Whenever the Director of the Department of Neighborhoods, or his or her designated representative, determines that any premises, dwelling, dwelling unit or accessory building fails to meet the provisions set forth in this Housing Code or in applicable rules or regulations adopted pursuant thereto, he/she shall issue an order setting forth the alleged failures and advising the owner, occupant or other person in control that such failures must be corrected. This order shall:
(1) Be in writing.
(2) Set forth the alleged violations of this Housing Code or of applicable rules and regulations adopted pursuant thereto.
(3) Describe the premises, dwelling, dwelling unit or accessory building where the violations are alleged to exist or to have been committed, and include a description of the real estate sufficient for identification.
(4) Be served upon the owner, resident, agent, local representative or other person in control of the premises, dwelling, dwelling unit or accessory building, personally or by regular or certified mail, return receipt requested, addressed to the last known place of residence or business of the owner, occupant or other person in control. Service of such order may be made by any other method authorized or required by the laws of the State or the City. If one or more persons to whom such an order is addressed cannot be found after a diligent effort to do so, service may be made upon such person or persons by posting an order in or about the premises, dwelling, dwelling unit or accessory building described in such order.
(5) Provide a stated reasonable time, not to exceed thirty (30) days for the correction of any alleged violation, except a longer reasonable period of time may be authorized by the inspector for exterior painting, concrete and roofing work which cannot be done properly in cold weather months, and which does not affect the immediate health and safety of the occupants of the building.
(b) The Director of the Department of Neighborhoods, or his/her designated representative, shall re-inspect the property upon the expiration of the time set forth in such order. The findings of the re-inspection shall be communicated to the owner, resident agent, local representative, or other person in control of the premises, dwelling, dwelling unit or accessory building.
(c) If upon re-inspection, the alleged violations have been corrected, a note shall be made upon the record of the premises, dwelling, dwelling unit or accessory building and the case shall be closed.
(d) If upon re-inspection, good cause has been shown why the alleged violations have not been corrected, the Director of the Department of Neighborhoods, or his/her designated representative, may extend the time to comply with the original order with a notation to the file evidencing the extension.
(e) If upon re-inspection the Director of the Department of Neighborhoods, or his/her designated representative, finds that the violation has not been corrected, the Director is authorized to take such enforcement action as is necessary to correct the violation(s). In addition to any other enforcement action taken by the inspector to correct the violation, the Director is authorized to assess a non-compliance fee to the owner as defined by Section 1726.01 (b) in the amount of $250.00. Each re-inspection thereafter wherein the housing violation has not been corrected shall result in a $250.00 non-compliance fee. Payment of the non-compliance fee and any and all costs incurred in collecting the fee and legal fees may be assessed as a lien against the property; enforced by means of a civil action or any other feasible method by the City provided by the Ohio Revised Code.
(f) A copy of the interim or final notice shall be posted in a conspicuous place in or about the premises, dwelling, dwelling unit or accessory building where the violations are alleged to exist.
(g) Any person in the position of an owner at the time a housing order is issued and served upon him, shall be responsible for complying with that order notwithstanding the fact that he may have conveyed his interests in the property to another after such order was issued and served.
(Ord. 134-15. Passed 3-31-15.)
(a) An owner, as defined in Section 1726.01(b), of a property, location or structure declared by the Director [or his/her designated representative], to be in violation of this housing code, and ordered to make necessary repairs within thirty days, or within seventy-two hours in case of an emergency situation or assessed a housing code non-compliance fee, may appeal the orders, summary abatement or fee by a written request for a hearing with the Nuisance Abatement Housing Appeals Board within ten (10) calendar days from the date on the housing orders/non-compliance fee, or no later than twenty-four (24) hours from the date of receipt (excluding weekends and/or holidays) of a summary abatement notice or notice of unfit conditions. The written request shall be made to the Director of the Department of Neighborhoods and must be accompanied by an application fee in the amount of one hundred fifty dollars ($150.00). The appeal request does not stay the order to comply with the housing orders.
(1) A summary abatement appeal hearing, non-compliance fee appeal or regular abatement appeal hearing if properly requested, shall be held at the first regularly scheduled meeting of the Nuisance Abatement Housing Appeals Board after the written request is received.
(b) The hearing shall be conducted by the Nuisance Abatement Housing Appeals Board comprised of the Director of Law, the Commissioner of Health and the Director of Public Safety, or their respective designated representatives or the Board of Building Appeals as defined in TMC Chapter 1319.
(1) The Appeal Board, after hearing the matter, may amend, modify, revoke or uphold the notice or order, and may extend the time for compliance with the order by the owner by such date as the majority of the board may determine.
(2) The Appeal Board, at the conclusion of the hearing and after deliberations, may render a decision immediately or take the matter under advisement. The Appeal Board, however, shall render a written decision on the matter within seven business days after the hearing.
(3) The Appeal Board shall order the cash bond deposit returned to the appellant if the departmental order is revoked or overruled, or retain the deposit if the departmental order is upheld and pending completion of the order by appellant within the time allotted. A departmental order is deemed upheld even if modified or amended by the Appeal Board. The Appeal Board shall order the cash bond deposit paid to the City if proper documentation is presented to the Appeal Board that the City made the necessary repairs. The cash bond shall be applied to defray the abatement expense incurred by the City.
(4) The ruling or decision of the Appeal Board is a final appealable order; but appeal to a court of competent jurisdiction will not act as a stay of the abatement order.
(Ord. 134-15. Passed 3-31-15.)
Whenever the Director of Neighborhoods, or his/her designated representative, determines that there has been a violation of this Housing Code relative to any of the following sections or a violation of the rules and regulations adopted pursuant thereto, he shall advise the Commissioner of Code Enforcement of such violations and the Commissioner is authorized to take such enforcement action as is necessary to correct such violations:
(c) Wiring standards: Section 1751.04.
(d) Heating requirements: Chapter 1753.
(e) Responsibilities of owners and occupants: Section 1745.07.
(f) Rooming house, dormitory rooms, rooming units: Chapter 1761.
This section does not preclude the Director from initiating independent action in the enforcement of matters relative to the six subjects listed above in addition to the other authority given to him under this Housing Code.
(Ord. 689-91. Passed 9-3-91; Ord. 134-15. Passed 3-31-15.)
The procedure and designation of dwellings and/or dwelling units as unfit for human habitation and accessory buildings as unsafe shall be carried out in compliance with the following requirements:
(a) Any dwelling and/or dwelling unit and accessory building which is found to have any of the below listed defects shall be declared as unfit for human habitation or unsafe and shall be so designated and placarded by the Director of the Department of Neighborhoods, the Commissioner of Code Enforcement, the Chief Building Official, or the Director of Health, or their respective designated representative.
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
(4) One which contains hazardous levels of lead based paint or any other environmental pollutant.
(b) Any dwelling and/or dwelling unit declared as unfit for human habitation and so designated and placarded by either Director or his/her designated representative, shall be vacated within a reasonable time as ordered by either Director.
(1) No dwelling or dwelling unit which has been declared as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the Director.
(2) The Director shall remove such placard whenever the defect or defects upon which the declaration and placarding action were based, have been eliminated.
(3) No person shall deface or remove the placard from any dwelling or dwelling unit which has been declared as unfit for human habitation and placarded as such, except as provided in subsection (b)(2) hereof.
(4) Any person affected by any notice or order relating to the declaring and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter under the procedure set forth in Section 1743.05.
(Ord. 134-15. Passed 3-31-15.)
(a) Whenever the Director of the Department of Neighborhoods or his/her designated representative determines that a housing code violation exists that needs to be summarily abated because the condition poses an immediate hazard or danger to the health, safety or welfare of an individual or the community, the owner, as defined by Section 1726.01(b), of the property where the violation exists shall be provided written notice of the violation and an order to make necessary emergency repairs within seventy-two hours from the date of notice.
(1) The written notice shall be given to the owner, as defined in TMC Section 1726.01(b):
(A) in person to the owner or
(B) by U.S. Mail to the owners last known address or
(C) by posting notice on the premises which has been determined to be an immediate hazard or danger to the health, safety or welfare of an individual or the community.
(2) The notices of violation shall state the nature of the violation and the time period for correction and may state corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(3) The owner, as defined in TMC Section 1726.01(b), shall comply with the order within the time period designated on the notice- order.
(4) The housing code order, once issued by the Director, or his/her designated representative, is against the property and runs with the property notwithstanding any change(s) in the titled ownership of the property.
(b) The Director or his/her designated representative, is authorized to enter on any property to inspect for housing code violations and to summarily repair or remove or otherwise abate the condition that presents an immediate hazard or danger to the health, safety or welfare of an individual or the community regardless of any time period given to the owner of the property to make the necessary repair, removal or replacement.
(c) The owner, occupant or other person in control of such dwelling unit or accessory building may appeal any summary abatement order or summary abatement caused by the Director or his/her designee under the provisions of this chapter, but such appeal shall in no case stay the orders issued under this chapter.
(d) Whenever the Director of Health or the Director of the Department of Neighborhoods, or their designated representative declares that a housing condition constitutes an emergency situation which requires immediate action to protect the public health, safety or welfare of an individual or the community, the owner, as defined in Section 1726.01(b), of the property shall pay any and all costs incurred by the City in abating the emergency condition including all costs incurred by the City in identifying the emergency condition and legal fees for the recovery of the abatement or repair costs. If the owner of the property fails or refuses to pay the abatement costs, the costs may be assessed as a lien against the property, pursued through the collection process and/or recouped via any other feasible method by the City provided by the Ohio Revised Code.
(e) It shall not be a defense to the determination that an emergency condition as defined in this section exists, that the building, premises or location is boarded up or otherwise enclosed.
(f) Any person in the position of an owner, as defined in Section 1726.01(b), at the time an order pursuant to this chapter is issued and served upon him or her, shall be responsible for complying with that order and liable for any costs incurred by the City therewith, notwithstanding the fact that he or she conveys his or her interests in the property to another after such order was issued and served.
(Ord. 134-15. Passed 3-31-15.)
No person shall violate any section of this Housing Code or any rule or regulation adopted in pursuance thereof, obstruct or interfere with the execution of any order issued in the pursuance thereof, or willfully or illegally omit to obey such order.
(Ord. 134-15. Passed 3-31-15.)
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