(a) Nuisance Declared; Abatement.
(1) Any reference in this chapter to “the Ohio Basic Building Code” shall be, and is, a reference to the Ohio Building Code as adopted by the City of Warren per Chapter 1301 of these Codified Ordinances.
(2) All dangerous buildings, or the dangerous parts thereof, within the terms of Section 1323.01 herein, as well as all buildings or structures which are otherwise injurious to or a menace to the public health, safety or welfare, or are structurally unsafe, or have been condemned by a health official in accordance with Section 1367.11(a) or are not provided with adequate safe egrees, or which constitute a fire hazard, or which are vacant and open to public entry, or which are otherwise dangerous to human life or injurious to the public, or which in relation to existing uses constitute a hazard to the public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are, severally, for the purpose of this Building Code, declared to be “unsafe structures”. All such unsafe structures or conditions are hereby declared to be public nuisances. The public nuisance shall be abated in accordance with this chapter and by correction of the violations to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code, and the Ohio Administrative Code including the Ohio Building Code, or by demolition.
(3) Any building or structure having at least one of the following characteristics shall be deemed and defined as a “blighted building” for purposes of this Building Code:
A. Because of its age, obsolescence, abandonment, dilapidation, deterioration, lack of maintenance, and/or lack of repair, the building or structure is a fire hazard.
B. Because of its age, obsolescence, abandonment, dilapidation, deterioration, lack of maintenance, and/or lack of repair, the building or structure has become a retreat for immoral activities, criminal activities, or repeated and serious breaches of the public peace, health, safety or welfare.
C. Because of its age, obsolescence, abandonment, dilapidation, deterioration, lack of maintenance, and/or lack of repair, the building or structure is injurious to, or a menace to, the lawful use and enjoyment of any real property located, in whole or in part, within a radius of 500 feet of said building or structure.
D. Because of its age, obsolescence, abandonment, dilapidation, deterioration, lack of maintenance and/or lack of repair, the building or structure is injurious to, or a menace to, the property value of any real property located, in whole or in part, within a radius of 500 feet of said building or structure.
All such blighted buildings are, for purposes of this Building Code, declared to be “unsafe structures”. All such unsafe structures are hereby declared to be public nuisances. The public nuisance shall be abated in accordance with this chapter and by correction of the violations to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and the Ohio Administrative Code including the Ohio Building Code, or by demolition.
(Ord. 12019/07. Passed 2-28-07.)
(b) Effective Boarding Pending Rehabilitation; Rehabilitation Permit.
(1) Pending the correction of the violations to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and Ohio Administrative Code including the Ohio Basic Building Code, the owner of a structure may secure the structure through effective boarding. In order to effectively board the structure, the owner of the structure shall apply, within seven days of receiving a notice of violation, to the Building Official for a permit to board. The Building Official shall review the condition of the structure, determine if it can be effectively boarded, and grant or deny the owner's permit to board, setting forth special requirements, if any, necessary for compliance with minimum standards for effective boarding. The owner shall effectively board the structure within seven days of the issuance of a boarding permit, or within such other time limit that the Building Official deems appropriate. Structures which are boarded without first obtaining a boarding permit shall continue to be considered public nuisances subject to demolition.
(2) Within thirty days of the issuance of a permit to board, the owner or the owner's agent shall apply to the Building Official for a rehabilitation permit. The Building Official, based upon his inspection of the structure, shall determine if it can be effectively rehabilitated to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and the Ohio Administrative Code including the Ohio Basic Building Code. If it is determined that the structure can be so rehabilitated, the Building Official shall set forth the corrections required and a time frame within which such corrections shall be made. These conditions shall be described and set forth in the permit as issued. The Building Official may grant an extension of time for acquiring a rehabilitation permit or for completing the required corrections upon the owner's written request and for good cause shown. Failure of the owner to obtain a rehabilitation permit subsequent to the effective boarding shall result in the structure being deemed a public nuisance and being scheduled for demolition.
If it is determined that the structure cannot be effectively rehabilitated to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and the Ohio Administrative Code including the Ohio Building Code, the structure shall continue to be considered a public nuisance and be scheduled for demolition.
(Ord. 10082/90. Passed 1-24-90.)
(c) Materials. The effective boarding of a structure includes, but is not limited to, doors, windows or other areas of the structure open to ingress and egress, and to weather elements, at any and all levels of the structure. Each such opening shall be secured by 3/4 inch thick C.D.X. plywood cut to fit neatly against the jamb or frame, and recessed whenever possible. Two 2x4's shall be cut to the width of the plywood dimension. All exposed surfaces of the plywood and 2x4's shall receive one sufficient coat of paint (which shall match the existing siding or trim color) prior to assembly and installation. The two 2x4's shall be cut at least 6 inches longer than the interior opening width. Two minimum ½ inch diameter carriage bolts of sufficient length shall be extended through evenly spaced holes drilled through the exterior 2x4's. All plywood and interior 2x4's shall be secured with washers and nuts. A diagram of the aforedescribed is available at the City’s Engineering, Planning and Building Departments.
(1) Scope: All such openings located below ten feet measured vertically from grade or a readily accessible surface, and such openings located less than six feet horizontally from any readily accessible surface, shall be barricaded.
(2) Methods: Single hung and sliding windows shall be opened fully to install the barricade. Double hung windows shall be opened by raising the bottom sash and lowering the top sash respectively to the ½ open positions and installing the barricade bolts through these openings.
(3) General: Fire escape stairs and drop ladders shall be chained and locked in the up position. If the fire escape cannot be rendered reasonably inaccessible in this manner, all windows along the fire escape shall be barricaded.
(4) Cleaning: All trash, garbate, rubbish, debris and motor vehicles shall be removed from the premises. All grass and weeds shall be cut.
(d) Maintenance. Upon effectively boarding the structure, the owner shall monitor and maintain the structure and its surrounding premises in a safe, sanitary and secured condition in accordance with these Codified Ordinances. Any portion of the exterior structure which is deemed to be potentially hazardous due to deteriorated conditions, or to be structurally unsound, shall be removed or treated in such a manner so as to eliminate the hazard. The exterior premises shall be maintained free of trash, garbage, rubbish, debris, motor vehicles and any condition that may provide harborage for rodents. All grass and weeds shall be cut at least once every two weeks during the growing season. All fallen leaves shall be removed at least once every two weeks during the month of November. All porches, stoops and steps shall, at all times, be free of debris. All flyers, leaflets, telephone books, handbills, mail, newspapers and like items upon porches, stoops and steps shall be removed within twenty-four hours after initially being placed there. Failure of the owner to properly maintain the buildings in the above condition shall result in the structure being deemed a public nuisance, and being scheduled for demolition.
(Ord. 12019/07. Passed 2-28-07.)
(e) Rehabilitation. Rehabilitation of the structure shall commence within sixty days of receiving a rehabilitation permit issued pursuant to subsection (b)(2) hereof. If rehabilitation of the effectively boarded structure does not commence within this time period, or is not completed within the time allotted and in accordance with the conditions described in the permit, or if the rehabilitation permit is otherwise invalidated or revoked, then the Building Official may declare that the nuisance has not been abated and schedule the structure for demolition.
(f) Examination and Condemnation.
(1) The Building Official is authorized to examine or cause to be examined every building or other structure reported to be unsafe or dangerous or injurious to or a menace to the public, and shall make a written record of such examination.
(2) The Building Official may designate as a public nuisance those particular structures or conditions found to be unsafe pursuant to subsection (a) hereof.
(3) The Building Official may also declare that a nuisance structure which, due to its advanced state of dilapidation, substantial fire damage or structural infirmity, is an immediate hazard to human life or health, may only be abated by immediate repair and rehabilitation to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and Ohio Administrative Code including the Ohio Basic Building Code, or by demolition.
(4) Whenever the Building Official finds a vacant structure open to entry at doors, windows or other points accessible to the general public, he may cause the structure to be secured at those points of entry. The Building Official shall be authorized at any time to enter upon the premises to secure the structure in order to lessen the severity of the public nuisance. In securing such structure, the Building Official may call upon any department, division or bureau of the City for whatever assistance may be necessary, or may, by private contract, secure such structure. Such securing shall not be deemed to constitute "effective boarding" pursuant to subsection (b) hereof, and it does not abate the nuisance condition of an unsafe structure, as declared pursuant to subsection (a) hereof unless so declared in writing by the Building Official. Subsequent notice, issued pursuant to subsection (g) hereof includes the fact the Building Official has found it necessary to take appropriate action to secure the structure.
(g) Notice of Violation.
(1) Whenever the Building Official finds a building, structure or portion thereof to be unsafe and determines it to be a public nuisance, he shall forward by certified mail to the owner, agent or person in control of such building, structure or portion thereof and to any mortgagee of record a written notice of violation stating the defects thereof. Such notice of violation shall require the owner within a stated time to abate the nuisance condition of such structure by correction of the violations and defects to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and the Ohio Administrative Code including the Ohio Basic Building Code, or by demolition and removal of the building, structure or portion thereof.
(2) If the person to whom such notice and order is addressed is not found after a reasonable and diligent search, then such notice and order shall be sent by certified mail to his tax mailing address, if available, as indicated on the county tax duplicate, and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed legal service of such notice.
(3) An owner or agent or person in control of such structure or building, a mortgagee of record or a lienholder of record who has received a notice of violation or a notice to make corrections to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and Ohio Administrative Code including the Ohio Basic Building Code, or to demolish and remove, as provided for in this section, shall inform prospective purchasers, vendees, grantees, assignees, lessees or land contractees thereof of such notice of violation or the notice to make corrections, or to demolish and remove. No person shall transfer to a vendee, grantee, assignee, lessee, land contractee or any other transferee any interest in a building, structure or portion thereof after receiving a notice of violation to make corrections or to demolish and remove the same, without first providing the transferee with a copy of such notice.
(h) Vacating Buildings and Prohibiting Use. The Building Official may also require in the notice issued pursuant to subsection (g) hereof that the building structure or portion thereof be vacated and not reoccupied or used until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Official may cause to be posted at each entrance to such building or structure a notice as follows: "THIS STRUCTURE IS IN A DANGEROUS CONDITION AND HAS BEEN CONDEMNED AND ITS USE HAS BEEN PROHIBITED BY THE CITY BUILDING OFFICIAL." Such notice shall remain posted until the required corrections are made or demolition is completed. No person shall remove such notice without written permission of the Building Official, nor shall any person use or enter the building or structure except for the purpose of making the required corrections or demolishing or effectively boarding the building or structure, or securing the structure pursuant to subsection (b) hereof.
Any certificate of occupancy permit, as described in Section 1367.10
, issued for such premises, shall be revoked and shall not be reissued until the premises have been rehabilitated to the minimum housing standards of these Codified Ordinances, the Ohio Revised Code and the Ohio Administrative Code including the Ohio Basic Building Code.
(i) Right to Appeal. The owner, agent or person in control shall have a right to appeal from the notice and decision provided in this section and appear before the Board of Appeals as described in Chapter 1313
at a specified time and place to show cause why he should not comply with such notice. Any notice served by the Building Official shall automatically become a final order if a written notice of appeal before the Board is not filed in the office of the Board within the time set forth in such notice from the Building Official. In the absence of an appeal, all actions taken pursuant thereto shall constitute a valid exercise of the police powers of the City.
(j) Noncompliance with Notice. In case the owner, agent or person in control fails, neglects or refuses to comply with the notice to repair or rehabilitate, or to demolish and remove a public nuisance or unsafe building, structure or portion thereof, the Building Official may take appropriate action to demolish and remove an unsafe structure, or may advise the Director of Law of the facts in the case, who, in turn, may institute appropriate action in the court to cause correction of the violations and defects, or demolition and removal, or effective boarding of such building or structure pending rehabilitation. Permits for such building or structure shall not in and of itself bar the Building Official from taking action to abate the nuisance. The Building Official may, with respect to any condemned structure, also take appropriate action to effectively board such structure, or to secure it pursuant to subsection (b) hereof. The Building Official shall specifically state in writing his findings with respect to such structure, and shall determine whether to secure or to effectively board, based upon factors which may include the following: the distance of the structure from neighboring structures, the type of structure, the extent to which the structure is secured, the likelihood of vandalism or arson, the extent of the deterioration, the economic likelihood of eventual rehabilitation of the structure or cost of securing or effectively boarding the structure. Except as provided in subsection (k) hereof, the Building Official shall give written notice informing the owner, agent or person in control, mortgagee of record and lienholders of record of the City's intention to demolish and remove the unsafe building or structure at least thirty days prior to such intended action by the City. Such notice may be effective concurrently with the violation notice. A condemned structure, once effectively boarded by the owner pending rehabilitation that subsequently becomes open to entry, may then be demolished and removed, subject to the Building Official giving written notice as stated in subsection (g) hereof, upon a finding by the Building Official that the structure can no longer be effectively boarded.
(k) Cases of Emergency. In cases of emergency in the opinion of the Building Official involve immediate danger to human life or health, the Building Official shall promptly cause the building, structure or portion thereof to be made safe or removed. For this purpose he may at once enter such structure or land on which it stands, or any abutting land or structure, with such assistance and at such cost as he/she deems necessary. He/she may order adjacent structures and premises to be vacated, and protect the public by an appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way.
(Ord. 10082/90. Passed 1-24-90.)
(Ord. 10082/90. Passed 1-24-90.)
(l) Costs. Any and all expenses or costs incurred under this section for the removal, repair, alteration, securing or boarding of a building or structure shall be paid by the owner of such building or structure.
For any of the following services or actions rendered by the City, the City shall charge, and the property owner shall pay, the actual cost to the City (including labor and materials):
(1) Boarding up windows.
(2) Boarding up doors.
(3) Any maintenance per subsection (d) hereof.
(There shall be interest due and payable on any of the expenses, costs and charges incurred by the City, which remain unpaid thirty days after initial billing, at the rate of eighteen percent (18%) per year).
If the owner fails to pay the costs within thirty days after receipt from the City of a statement of the charges and costs incurred therein, the Director may certify such amount to the City Auditor. The City Auditor shall as soon as is then practical make written return to the County Auditor of the action under this section with a statement of the charges for services, the amount paid for the performing of such labor and a proper description of the premises. Certification to the County Auditor is for the purpose of making expenses and costs a lien upon such lands, to be collected as other taxes and returned to the City with accounting thereof in accordance with Ohio R.C. 715.261.
Notwithstanding the method of collection set forth in this subsection, the Director of Law may take any action necessary to collect the costs of demolition or boarding from the owner or other responsible party.
(m) Acquisition by City. As an alternative to demolition, the City, in an effort to redevelop or rehabilitate an unsafe structure, may purchase or, if permitted by law, acquire by eminent domain the unsafe structure and its lot and land.
(Ord. 12019/07. Passed 2-28-07.)