For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) "Code Official" means the City Manager or his or her designee who is charged with the administration and enforcement of this chapter. The Code Official shall have all the same powers and subject to the provisions and protections set forth in Chapter 1482 of the Housing/Property Maintenance Code.
(b) "Owner" means the owner of record of the fee of the premises or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee, as determined by an examination of the public records of Montgomery County, Ohio, or any other person, firm or corporation in control of a building, or property or their duly authorized agents.
(c) "Property or premises" means a platted lot or part thereof, or un-platted lot or parcel of land, or plot of land either occupied or unoccupied by any building or structure, equipment or property of any kind.
(d) "Public nuisance" means any underground container or storage tank, fence, wall, garage, shed, house, lot, building, structure, pole, smoke stack, or any excavation, basement, cellar, well, cistern, sidewalk subspace, walks, driveways, terrace steps or parts thereof, which has any or all of the conditions or defects hereinafter described shall be deemed to be a public nuisance. Any one or more of the following conditions or defects shall constitute a public nuisance:
(1) Whenever the premises are a deteriorating and blighting influence on nearby properties by reason of continued vacancy and a lack of reasonable or adequate maintenance of structures and grounds.
(2) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is apparently abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance.
(3) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or as defined by statute.
(4) Whenever any building or structure is determined to be a fire hazard.
(5) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness, disease or injury.
(6) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City or of any law or ordinance of this state or City relating to the condition, location, or construction of buildings or structures.
(7) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
A. An attractive nuisance to children;
B. A harbor for vagrants, criminals or immoral persons; or as to
C. Enable persons to resort thereto for the purpose of committing unlawful acts.
(8) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(9) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
(10) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(11) Whenever the building or structure, or any portion thereof, because of:
A. Dilapidation, deterioration or decay;
B. Faulty construction;
C. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
D. The deterioration, decay or inadequacy of its foundation; or
E. Any other cause;
is likely to partially or completely collapse, fall, become detached or dislodged, or to collapse and thereby injure persons or damage property.
(12) Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds than is reasonably safe.
(13) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one- half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.
(14) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
(15) Whenever the walking surface of any aisle, passageway, stairway or other element of a means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(16) Whenever household property typically associated with indoor use, such as furniture, and appliances, are stored outside and whenever there is a residential stockpiling of household property, goods or merchandise in storage bins or boxes when such items are stored outside and remain outside on the property for longer than thirty consecutive days. Stockpiling as used in this section shall mean ten or more storage bins or boxes.
(Ord. 19-27. Passed 12-2-19.)