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§ 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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