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When the Health Officer determines that there has been a violation of this Housing Code or any rule or regulation adopted pursuant thereto, he shall serve a written notice of violation upon the person responsible therefor. Such notice shall:
(a) Include a statement of the facts which constitute a violation of the Code;
(b) State the time within which a request for hearing may be filed;
(c) Allow a reasonable time for the performance of any act it requires.
(Ord. 4903/55. Passed 12-19-55.)
Such notice of violation shall be served upon the owner or his agent, or the occupant as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice.
(Ord. 4903/55. Passed 12-19-55.)
Any person affected by a notice of violation issued under this Housing Code may, within ten days after the date on which the notice was issued, file with the Health Officer a written request for a hearing. The request for hearing shall include a brief statement of the basis for disagreement with the notice of violation. Pursuant to such a request the Health Officer shall set a date for a hearing within a reasonable time and shall notify the person in writing.
(Ord. 4903/55. Passed 12-19-55.)
At the hearing the petitioner shall be given an opportunity to be heard and to show cause why the notice of violation should be modified or withdrawn. After the hearing the Health Officer shall sustain, modify or withdraw the notice, depending upon his finding as to whether this Housing Code has been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order.
(Ord. 4903/55. Passed 12-19-55.)
When the Sanitarian, in his judgment, finds that an emergency, as defined in Section 1365.10, exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. The person to whom the order is directed shall comply immediately.
(Ord. 9123/81. Passed 10-26-81.)
(a) Creation. The members of the Board of Health shall act as a Housing Board of Appeals, consisting of the Mayor and the five members.
(Ord. 6718/67. Passed 2-6-67.)
(b) Reports. The Board shall at the end of each calendar year submit a written report of its activiites and recommendations to the Mayor and to Council.
(Ord. 4903/55. Passed 12-19-55.)
(a) Issuance. No dwelling unit not occupied by at least one owner thereof shall be occupied without a residential non-owner occupied dwelling unit permit having first been issued for that dwelling unit by the office of the Health Officer. Any such permit to be issued after the effective date of this division (a) shall only be issued after inspection of the dwelling unit by the Building Inspector, or his designee, and only after endorsement thereof by the Building Inspector certifying that the dwelling unit complies with the applicable provisions of this Housing Code, the Building Code, the Zoning Code, applicable fire codes and laws, and all other applicable codes, ordinances and laws.
(b) Required Fee. A permit fee of eighty-four dollars ($84.00) shall be paid for each permit provided for in division (a) of this section, except as follows:
(1) Should there be multiple dwelling units within one dwelling, a permit fee of eighty-four dollars ($84.00) shall be paid for one permit provided for in division (a) of this section for that dwelling, and a permit fee of seventy dollars ($70.00) shall be paid for each remaining permit provided for in division (a) of this section for that dwelling.
(2) Should the number of dwelling units within one complex exceed fifty (50) but not exceed one hundred (100), a permit fee of sixty dollars ($60.00) shall be paid for each permit provided for in division (a) of this section. Should the number of dwelling units within one complex exceed one hundred (100) but not exceed three hundred (300), a permit fee of fifty dollars ($50.00) shall be paid for each permit provided for in division (a) of this section. Should the number of dwelling units within one complex exceed three hundred (300), a permit fee of forty dollars ($40.00) shall be paid for each permit provided for in division (a) of this section.
Nothwithstanding anything to the contrary in this section, however, and in addition to any fee referred to previously in this division (b), an additional fee of thirty dollars ($30.00) per unit shall be paid for each reinspection required because compliance did not exist at the time of the inspection provided for in division (a) of this section.
(Ord. 12103/08. Passed 3-26-08.)
Notwithstanding anything to the contrary in this section, however, and in addition to any fines and penalties provided elsewhere in these Codified Ordinances, a permit fee of two hundred and eighty eight dollars ($288.00) shall be paid for a permit provided for in division (a) of this section for a dwelling unit that was previously occupied for any period of time without a requisite residential non-owner occupied dwelling unit permit having been issued therefor.
(c) Expiration and Renewal; Nontransferable. A permit provided for in division (a) of this section shall not be transferable. A permit provided for in division (a) of this section shall be in force and effect for one year from the date of issuance thereof.
A permit provided for in division (a) of this section, a like permit issued prior to the effective date of this division (c), and a like permit issued and renewed prior to the effective date of this division (c) shall be renewed annually. It shall be the responsibility of a record title owner of the dwelling unit to renew the dwelling unit's permit annually. A renewal fee equal to the amount of the permit fee paid in accordance with division (b) of this section shall be paid for each renewal. A dwelling unit whose permit is renewed shall be subject to inspection by the Health Officer, or his designee, once during each year of renewal. An additional fee of thirty dollars ($30.00) per unit shall be paid for each reinspection required because compliance did not exist at the time of the inspection provided for in the preceding sentence.
(Ord. 12103/08. Passed 3-26-08; Ord. 12272/10. Passed 4-28-10.)
(d) Fees Deposit. All fees collected per this section shall be deposited in the General Fund of the City and credited to the Environmental Health Division of the Health Department to be used in the administration and enforcement of the Housing Code as it pertains to residential non-owner occupied property.
(e) Certificate Required for Water Service. The Water Department of the City shall not accept an application for service for a dwelling unit within the corporate limits of the City of Warren not occupied by at least one owner thereof unless proof of a requisite permit per this Section 1367.10 accompanies said application. In the event the dwelling unit is under construction or being repaired, the building permit may be substituted, with authorization by the Health Officer, provided that the Engineering, Planning and Building Department office is notified and all proper building, electrical and plumbing permits are obtained.
(f) Revocation of Permit. When a holder of a residential non-owner occupied dwelling permit has, subsequent to previous issuance of a notice of violation, failed to comply with any provisions of the Housing Code, the Building Code or Zoning Code, and amendments thereto, the holder's residential non-owner occupied dwelling permit may be revoked by the Health Officer. Upon written notification of the revocation, it shall be the responsibility of the owner and/or agent/operator to have the premises vacated within thirty days upon receipt of the notice. It shall also be the responsibility of the owner and/or agent/operator to insure that the eviction process is conducted in a timely manner and in accordance with then current acceptable legal standards.
(Ord. 12103/08. Passed 3-26-08.)
(g) Insurance. No residential non-owner occupied dwelling permit provided for within this Section 1367.10 shall be issued or renewed unless and until adequate proof of insurance is presented indicating that the building or structure in which the dwelling unit exists is insured for fire damage by an insurance company authorized to do business in the State of Ohio. Such insurance coverage shall be maintained and kept in effect and force during the term of the permit.
(Ord. 11498/01. Passed 10-10-01.)
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