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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.)
(a) Dwelling Units Subject to Condemnation. The Health Officer or Sanitarian shall condemn and placard as unfit for human habitation any dwellings, dwelling units or premises which have any of the following defects:
(1) Those which have become so damaged, dilapidated, decayed, unsanitary, unsafe or vermin-infested, or which so utterly fails to provide the amenities essential to decent living that they are unfit for human habitation or use, or are so likely to cause sickness or disease that their condition constitutes a serious hazard to the health, morals, safety or general welfare of the occupants or other residents of the City;
(2) Those having light, air, ventilation and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein or of the general public;
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or have insufficient strength to be reasonably safe for the purpose used;
(4) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or other residents of the City;
(5) Those having inadequate facilities for ingress and egress in case of fire, panic or other emergencies, or those having insufficient stairways, elevators, fire escapes or other means of communication;
(6) Those which have parts thereof which are so attached that such parts may fall and injure occupants, other residents or other property;
(7) Those which, because of their general condition or location, are unsafe, unsanitary or otherwise dangerous to the health, morals, safety or general welfare of occupants or other residents of the City;
(8) Those existing in violation of any of the provisions of the Building Code, Zoning Code, the Fire Prevention Code, the Housing Code or other ordinances of the City or resolutions adopted by the City Board of Health.
(9) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
(10) Those which, exclusive of the foundation, show thirty-three percent or more of damage or deterioration of the supporting members, or fifty percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
(Ord. 9013/81. Passed 2-11-81.)
(b) Vacating Unit. Any dwelling or dwelling unit condemned and placarded as "Unfit for Human Habitation" shall be vacated within a reasonable time as ordered by the Sanitarian. It shall be the responsibility of the occupant or tenant to vacate within the time limit ordered by the Sanitarian. It shall also be the responsibility of the owner or operator to see to it that the order to vacate the premises is complied with by the occupant or tenant.
(Ord. 9123/81. Passed 10-26-81.)
(c) Reoccupancy Regulations. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for habitation until written approval is secured from, and the placard is removed by, the Health Officer. The Health Officer shall remove the placard when the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(d) Removal of Placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation except as provided in subsection (c) hereof.
(Ord. 4903/55. Passed 12-19-55.)
(e) Requesting Hearing. Any person affected by any notice of an alleged violation under Section 1367.02 may request and shall be granted a hearing before the Board of Health, provided the request for such hearing is made within the number of days specified in the notice.
The proceedings at such hearing, including the findings and decisions of the Board, are to be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction.
(f) Demolition of Dwelling Unit. If the Board of Health determines that the structure cannot be improved so as to comply with the provisions of this chapter and/or Chapter 1323 of the Codified Ordinances and that the same is unsafe, the Board may order and direct the owners to demolish such structure as a hazard. In the event the owners fail to comply with such order, the Board may order the demolition of such structure and shall certify the cost and expense of demolition as set forth herein to the County Auditor, and the same shall become a lien upon the real estate.
(Ord. 6718/67. Passed 2-6-67.)
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