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§ 150.086 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where terms are not defined under the provisions of this subchapter, they shall have ascribed to them their ordinarily accepted meanings or meanings as the context may imply. Where questions arise as to the meaning of terms not defined, the Property Maintenance Officer shall determine the implied meaning. For further amplification and clarity of interpretation, the following rules of word use shall apply: words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural the singular.
   ACCESSORY STRUCTURE. A structure, whether temporary or permanent, the use of which is incidental and secondary to that of a principal building and which is located on the same premises.
   BUILDING or STRUCTURE. Includes the word PREMISES.
   DETERIORATION. Refers to a diminution of quality, character or value of a structure because of lack of maintenance. The DETERIORATION, if left unchecked, can lead to dilapidation. DETERIORATION is frequently the result of inadequate paint protection, faulty roofing, faulty gutters and downspouts, deteriorating screening, loose doors and windows, access by or infestation by vermin, blockage of drains, inadequate structural support systems and the like.
   DILAPIDATION. Refers to structures evidencing a state of ruin, decay or disrepair. The severity of DILAPIDATION shall be judged by examination of major structural components like foundations, bearing walls, floor joints, rafters and roofs, and by examination of minor structural components like windows, doors, siding, roofing and guttering. The sources of DILAPIDATION will not necessarily be included within the preceding lists of structural components. The term implies a hazard to life or property.
   LOT. Includes the words ZONING LOT, PIECE, PARCEL and PLOT.
   MAY. Is permissive.
   OWNER. The owner of record of the premises of fee 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 the county, or any other person, firm or corporation in control of a building or their duly authorized agents.
   PREMISES. A lot, plot or parcel of land, including all buildings or structures thereon, and including the area known as the parkway or tree lawn, situated between the sidewalk and the street on the front, side, or rear lot line adjoining the street and extending along the front, back or sides of such a lot, plot or parcel of land.
   PROPERTY MAINTENANCE OFFICER. Refers to the Village Administrator or his or her designee for Property Maintenance Code enforcement activity. The term may also refer to representatives of the Preble County Department of Health when personnel are acting on behalf of the village.
   REFUSE AND WASTE. Unused or discarded matter and material having no substantial market value, and which includes, among other items: rubbish, refuse, debris and similar matter including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery, or parts, scrap metal and inoperative motor vehicles and parts, trimmings from plants and trees, cans, bottles and barrels.
   SHALL. Is mandatory and not discretionary.
   STRUCTURE. An assembly of materials forming a construction or occupancy or use including among others: buildings, stadiums, gospel and circus tents, reviewing stands, platforms, observation towers, radio towers, water tanks, swimming pools and their enclosures, domes such as plastic, geodesic, air-supported and the like, open sheds, coal bins, shelters, fences and display signs.
(Prior Code, § 1416.02) (Ord. 699, passed 9-2-2003)
§ 150.087 INTERPRETATION.
   (A)   Minimum requirements. The provisions of this subchapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. In the event provisions of this subchapter impose the same requirement or obligation upon more than one person, each person shall be equally responsible for the performance of the requirement or obligation.
   (B)   More restrictive requirement to govern. Where the conditions imposed by any provision of this subchapter, upon the use or maintenance of land or buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this subchapter or any other regulation, the regulations, laws, ordinances and the like, which are more restrictive or which impose higher standards or requirements shall govern.
   (C)   Status of private agreements. This subchapter is not intended to repeal or interfere with any easement, covenant or other private agreement, provided that where the regulations of this subchapter are more restrictive or impose higher standards or requirements than the easements, covenants or other private agreements, the requirements of this subchapter shall govern.
(Prior Code, § 1416.03) (Ord. 699, passed 9-2-2003)
§ 150.088 NUISANCES.
   The following conditions, acts and items are declared to be nuisances: it being expressly understood that all other definitions of nuisances under this Property Maintenance Code Chapter or any other chapter of the codified ordinances in the village shall be equally considered to be a nuisance:
   (A)   Fire hazards. Dry or dead shrubs, dead trees, combustible refuse and waste, or any material upon either public or private property which by reason of its size, location, or manner or growth constitutes a fire hazard to a building, improvement, crop or other property, or which, when dry, will in reasonable probability constitute a fire hazard;
   (B)   Polluted water. A swimming pool, pond or other body of water, which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted by bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, or any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition;
   (C)   Refuse and waste. Refuse and waste matter which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially interfere with the prevention or suppression of fire upon the premises;
   (D)   Improper motor vehicle and machinery storage. Inoperative, abandoned, wrecked or dismantled motor vehicles and machinery, or any other machinery or motor vehicle, or any parts, determined by municipal authorities to be a danger or hazard to the general health of the public, or having a blighting effect on the welfare of the public, stored outside a completely enclosed structure or visible from either the street, alley, or neighboring properties. This definition also includes an inoperable, dismantled, partly dismantled or wrecked motor vehicle, or parts, or any motor vehicle which is of no value except for salvage or junk purposes, or any motor vehicle which is unlicensed or not currently licensed for a period of seven days or more;
   (E)   Inadequate property maintenance. It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this village to maintain the premises in a manner that any of the following conditions are found to exist:
      (1)   Buildings which are abandoned, dilapidated, improperly secured, partially destroyed or left in a state of partial construction;
      (2)   Buildings whose exterior structure has inadequate protective treatment, painting or other protective covering resulting in or leading to dry rot, warping, termite infestation, deterioration, dilapidation or any blighting effects;
      (3)   Broken windows constituting hazardous conditions or inviting trespassers or malicious mischief;
      (4)   Noxious weeds, as determined by the State Director of Agriculture pursuant to the authority granted him or her by R.C. § 907.10(B)(2), or other vegetation, including grasses, which is eight inches or more in height, or any weed or vegetation growth causing a hazardous condition to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests;
      (5)   Dead trees or litter which, for purposes herein, shall include garbage waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature;
      (6)   Attractive nuisances, dangerous to children or other persons, in the form of abandoned or broken equipment, hazardous pools, ponds or excavations, or neglected machinery;
      (7)   Broken or discarded furniture or household equipment in visible yard areas;
      (8)   Clothesline in front yards;
      (9)   Garbage cans stored in front yards and visible from public streets, except when set out temporarily for garbage pick-up;
      (10)   Packing boxes or crates or other debris stored in visible yard areas;
      (11)   Property, such as building exteriors, which is maintained in a condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same will probably cause diminution in values of surrounding property or is materially detrimental to proximal properties or improvements. This includes, but is not limited to, the keeping, disposing or scattering over the premises of lumber, junk, trash, debris; abandoned, discarded or unused objects or equipment such as automobiles, or parts thereof, furniture, stoves, refrigerators, freezers, cans or containers; or any device, decoration, design, fence or structure which is unsightly by reason of condition or inappropriate location; and
      (12)   Materials used to build, maintain or repair structures shall be like the materials used similarly elsewhere on the structure so as not to create a patchwork appearance. Intermediate construction materials, such as asphaltic-coated papers for roofing or Masonite for siding, shall not be submitted for permanent construction materials customarily utilized in new finished construction.
   (F)   No person shall create, permit, or maintain a public nuisance as described in this section.
(Prior Code, § 1416.04) (Ord. 699, passed 9-2-2003)
§ 150.089 STRUCTURAL DEFECTS.
   Any building, structure or paved area exhibiting any of the following conditions or defects to a significant degree shall be deemed a nuisance and shall be altered or repaired so as to abate the nuisance.
   (A)   Whenever any exterior door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit;
   (B)   Whenever any portion has been damaged by earthquake, wind, flood or by any other cause, in such a manner that the structural strength or stability is appreciably less than the minimum code requirements for a new building or similar structure;
   (C)   Whenever any portion, member or appurtenance is likely to fall, become detached or dislodged, or to collapse, and thereby injure person or persons or damage property;
   (D)   Whenever any building, portion or any member, appurtenance or ornamentation on the exterior is not of sufficient strength or stability or is not anchored, attached, or fastened in place as to be capable of resisting the working stresses permitted in applicable building codes;
   (E)   Whenever any portion has settled to an extent that walls or other structural portions have materially less resistance to winds or design forces than is required in the case of new construction;
   (F)   Whenever the buildings or structure, or any portion, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting the building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fail or give way;
   (G)   Whenever, for any reason, a building or structure, or any portion, is manifestly unsafe for the purpose for which it is used;
   (H)   Whenever a building or structure has been so damaged by fire, wind, earthquake, flood, or other cause, or has become so dilapidated or deteriorated, as to become an attractive nuisance;
   (I)   Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary, unfit for human habitation, or is in a condition that is likely to cause sickness or disease, when so determined by the Property Maintenance Officer, or is likely to work injury to the health, safety, or general welfare of those living within or nearby;
   (J)   Whenever a building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety, or general welfare of persons living within;
   (K)   Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus or other cause, is in a condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause; and
   (L)   Any sidewalk or driveway which is debilitated, broken, damaged or raised to a degree as to be injurious to persons using the driveway or sidewalk.
(Prior Code, § 1416.05) (Ord. 699, passed 9-2-2003)
§ 150.090 MAINTENANCE AFTER PROPERTY DAMAGE.
   (A)   Within 30 days or any other reasonable time as determined by the Property Maintenance Officer, due to the severity of the damage to any real property, whichever time period is longer, the owner or person or persons having possession or control of real property shall be responsible for providing the following:
      (1)   Contract for the demolition and removal of any aspects of the premises not to be repaired or restored, and also for the removal of debris in connection therewith;
      (2)   Contract for repair and restoration of damaged areas and the removal of debris in connection therewith; and
      (3)   Arrange for dates of performance under contracts which will result in the work being completed within 60 days from the contract date, except to the extent that delay is caused by weather, strikes, acts of God or other events beyond the control of the owner and contractor.
   (B)   Any damaged property posing an immediate threat to the general public health and safety because of property damage shall be closed securely or as necessary, rendered safe through additional support to prevent collapse or threat to life and property.
   (C)   In addition to other remedies provided by law, failure to comply with provisions of this section may result in the village taking action to remove, repair, or secure structures pursuant to authority derived from R.C. 3929.86.
(Prior Code, § 1416.06) (Ord. 699, passed 9-2-2003)
§ 150.091 CLOSING OF VACANT STRUCTURES.
   (A)   Structures which are vacant or unfit for human habitation, occupancy, or use, but not in danger of structural collapse, may be ordered closed by the Property Maintenance Officer. The order for closure shall be conveyed to the owner of the property at the address most recently on file with the County Auditor’s office, or to the person or persons having control of the real estate or via a placard of condemnation posted on the premises. Having received the order for closure, structures shall be secured with sturdy plywood, or other materials approved by the Property Maintenance Officer within the time specified in the order.
   (B)   Vacant or condemned structures, with or without a closure order from the village, shall have at least one “no trespassing” sign posted on a prominent place on each outside wall.
   (C)   Plywood or other approved materials, used to close up vacant or condemned structures shall be painted a color compatible with the color of the structure to which the materials are attached.
(Prior Code, § 1416.07) (Ord. 699, passed 9-2-2003)
§ 150.092 FENCES AND WALLS.
   (A)   All fences, walls or similar structures shall be anchored firmly to the ground, shall be constructed in a workmanlike manner, and shall be maintained in a manner that fences, walls or similar structures shall always be in a state of good structural repair. All wooden and metal fences shall be treated periodically with chemicals and paint as will retard deterioration.
   (B)   Fences, walls and similar structures not in a state of good structural repair shall be rehabilitated or removed as necessary.
(Prior Code, § 1416.08) (Ord. 699, passed 9-2-2003)
§ 150.093 NOTICES AND ORDERS.
   (A)   Notice. Whenever the Property Maintenance Officer determines that there has been a violation of this subchapter or has reasonable grounds to believe that a violation has occurred, or whenever any structure or equipment has been condemned under the provisions of this subchapter, the Property Maintenance Officer or other designee of the village shall give notice to the owner or person or persons responsible for the property in the manner prescribed. If the property has been condemned in whole or in part, the Property Maintenance Officer or his or her designee shall give notice to the owner or to the occupants of the intention of the village to placard and to vacate the property, or to order equipment out of service.
   (B)   Form. All notices as set forth shall be in writing and shall include the following:
      (1)   A description of the real estate which is sufficient for necessary identification;
      (2)   A statement of the reason or reasons why the notice is being issued, including specific references to the ordinance or ordinances so violated; and
      (3)   A correction order allowing a reasonable time for any necessary repairs and improvements which will bring the dwelling unit or structure or equipment into compliance with the provisions of this subchapter.
   (C)   Service. Service shall be deemed to be properly served upon any owner or person in possession of any property in violation of this subchapter if a copy is delivered to that person or owner personally; or by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents; or by certified or registered mail addressed to the owner or person in possession at their last known address with return receipt requested; or if the certified mail or registered letter is returned with receipt showing that it has not been delivered, by posting a copy in a conspicuous place in or about the structure affected by the notice, and publishing the notice in a local newspaper of general circulation at least once a week for two consecutive weeks.
   (D)   Service on occupants. When a condemnation order is served on an occupant other than the owner or person responsible for the compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is a failure of compliance.
(Prior Code, § 1416.09) (Ord. 699, passed 9-2-2003)
§ 150.094 PERMITS REQUIRED.
   (A)   Remodeling, rehabilitation and new construction activities shall require the same permits from the village, county or other authorizing source, and the payment of the same fees, as would be required on a new structure or undeveloped premises. This requirement shall pertain to structural and building support systems and shall not pertain to superficial structural embellishments like siding, roofing, and the like.
   (B)   Whenever it comes to the attention of the Property Maintenance Officer that work is being performed contrary to this subchapter, a stop-work order shall be promptly issued to the owner of premises involved, the agent of the owner, or the person doing the work. The Property Maintenance Officer shall also post a placard at the site of the work informing the public and all concerned that work at the site has been stopped by official order. The order shall be written and state the conditions under which the work may be resumed. The order shall also direct the performance of the work as may be necessary to remove any violations of the codified ordinances. A stop-work order shall not obviate the need for nuisance abatement in accord with schedules specified elsewhere in this subchapter.
(Prior Code, § 1416.10) (Ord. 699, passed 9-2-2003)
§ 150.095 ABATEMENT EXPENSES.
   The village shall keep an itemized account of those expenses it incurs to abate nuisances on behalf of a private property owner or tenant. The total cost incurred for administration, labor, personnel, materials and equipment may either be collected through civil litigation directed against the property owner or may be certified by the Village Fiscal Officer to the County Auditor, and by the Auditor placed upon the tax duplicate to be a lien upon the duplicate and to be collected as other taxes and returned to the village, with the effect that the total cost of the work constitutes a lien on the property which has priority ahead of any and all mortgages on the premises. The collection proceedings or certification to the Auditor shall only be initiated by the village after property owners, or others with an interest in the property, have been offered at least 30 days to remit full payment for charges incurred.
(Prior Code, § 1416.11) (Ord. 699, passed 9-2-2003)
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