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(a) Maintenance of Exterior of Premises Free of Hazards and Unsanitary Conditions. The exterior of the premises and the exterior of all structures thereon shall be kept free of all nuisances, unsanitary conditions or any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing are determined to be nuisances and shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of nuisances and hazards which include, but are not limited to, the following: (Ord. 2008-95. Passed 7-3-08.)
(1) Refuse. An accumulation of brush, broken glass, stumps and roots that presents a safety hazard or of garbage, rubbish, trash and debris which presents an unsanitary and/or a safety hazard is prohibited. Compost piles, enclosed in a fenced-in area not exceeding twenty-four square feet and maintained no closer than thirty feet from adjacent property lines, shall be exempt from this prohibition.
(2) Natural growth. Dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof, are prohibited.
(3) Overhangings and awnings. Loose and overhanging objects which, by reason of their location above ground level, constitute a danger of falling on persons in the vicinity thereof, are prohibited.
(4) Infestation with vermin or rodents. The owner, occupant or person in charge or control of any premises shall not cause or knowingly permit such premises to become or to remain infested with vermin or rodents.
(5) Foundation walls. Exterior foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
(6) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to perform capably at all times the functions for which they were designed, and the same shall be capable of withstanding the action of flue gases.
(7) Gutters and downspouts. All gutters and downspouts shall be placed in compliance with this Building Code and maintained to collect surface water from roofs. Rusted, broken or damaged gutters and downspouts shall be promptly repaired or replaced.
(Ord. 1989-48. Passed 2-16-89.)
(8) Sidewalks, driveways and parking areas. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in repair. Any sidewalks, driveways or parking areas with grade separations of one inch or greater or which are eroded or pitted to such an extent as to cause a safety hazard to pedestrians or motorists shall be replaced or repaired according to guidelines set forth in Sections 1129.08 (c) and (d) of the Planning and Platting Code and Section 1221.09 of the Zoning Code.
(Ord. 2006-91. Passed 7-6-06.)
(9) Firewood. Front yards shall be kept free, and storage shall be prohibited, of all firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities. Storage of such materials shall be permitted only in side or rear yards and only when materials are stored in such a manner so as not to constitute a fire hazard. Storage shall not exceed an amount sufficient for a one-year supply for the property wherein such materials shall be stored.
(Ord. 1989-48. Passed 2-16-89; Ord. 1994-188. Passed 10-20-94.)
(10) Swimming pool, spa, and hot tub cleanliness. All swimming pool, spa and hot tub facilities including grounds used in connection therewith, shall be kept clean and in a sanitary condition and maintained free from standing or stagnant water, garbage, trash, and other refuse. Swimming pools, spas and hot tubs which are the source of stagnant water or a health hazard shall be emptied. (Ord. 2006-91. Passed 7-6-06.)
(b) Appearance of Exterior of Premises and Structures. The exterior of the premises, the exterior of structures, the exterior of dwelling structures and the condition of accessory structures shall be maintained by each owner or operator so that the appearance of the premises and all buildings thereon shall not constitute a nuisance, nor be kept in a condition unnecessarily offensive to the visual sensibilities of the average person which would materially and economically detract from the district or neighborhood.
(1) Residential. To effect the purposes of this section, the owner or operator of the premises shall use, maintain or refrain from using the premises and all buildings thereon, as the case may be, as follows:
(Ord. 1999-162. Passed 12-16-99.)
A. Storage of commercial and industrial equipment, materials or waste relating to commercial or industrial uses or wastes shall not be stored or used unless permitted under the Zoning Code for the premises. Parking and/or storage of semi-tractor trailers, trucks or commercial or industrial vehicles shall be prohibited.
(Ord. 1996-198. Passed 10-3-96.)
B. Landscaping. Lawns, grass, landscaping and ground covering shall be installed and maintained on all developed lots as soon as practical after the issuance of a certificate of occupancy, within or during the first growing season following said certificate, not to exceed one year after issuance of said certificate. Lawns, grass or grass-like ground coverings, hedges and bushes shall be trimmed and kept from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property and impairing the good residential character of the immediate neighborhood. Grass in lawns, or other ground cover, permitted to grow in excess of six inches in height, shall be presumed to be a nuisance.
C. Signs. All signs permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair and printed matter, pictures or illustrations contained thereon shall be completely maintained or when no longer in use, completely removed. (Ord. 1989-48. Passed 2-16-89
D. General maintenance. The exterior of every structure or accessory structure, including fences, shall be maintained in good repair as set forth herein.
1. No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates, blights or debases the appearance of the neighborhood; or creates a fire, safety or health hazard or which is a nuisance; or which adversely alters the appearance and general character of the neighborhood and shall keep such premises free of any debris, objects, material or condition which may create a health, accident or fire hazard or which is a nuisance. Lawns, landscaping, trees and driveways shall also be maintained. (Ord. 2008-95. Passed 7-3-08.)
2. All exterior parts of every dwelling and all accessory buildings shall be maintained weathertight and shall be maintained so as to resist decay or deterioration from any cause. This includes exterior walls, parapet walls, chimneys and other exterior structures either above or below the roof line.
3. Any dwelling or appurtenant structure whose exterior surface is bare, deteriorating, ramshackled, tumbledown, decaying, disintegrating or in poor repair shall be repaired or razed. All buckled, rotted or decayed or deteriorated walls, doors, windows, porches, floors, steps, ceilings, posts, sills, trim and their missing members shall be repaired and put in good condition. All replacements shall match and conform to original design or be replaced completely.
4. Any dwelling or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired, repainted or resurfaced. All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or recoating. All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good and workmanlike manner. All new or repaired bare surfaces shall be painted or coated.
E. Laundry. All laundry poles or lines for the drying of clothes shall be constructed and maintained only in the rear yard.
F. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, vermin, rodents or other pests therein or on the premises and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing, whenever the occupant fails to maintain a dwelling in a rat-proof or insect-proof condition or whenever infestation exists in two or more of the dwellings in a dwelling unit, or in the shared or public parks of a dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
(Ord. 1989-48. Passed 2-16-89; Ord. 1994-188. Passed 10-20-94.)
G. Appliances, automobile parts, mattresses, paint containers, miscellaneous building materials, coverings, bathtubs, toilets and/or any other like materials or like household appliances and/or furnishings or parts thereof, regardless of their purported use shall not be placed at or on:
1. The front yard; or
2. Any other portion of said premises in such a manner as to be patently unsightly or offensive to the senses.
(Ord. 1999-162. Passed 12-16-99.)
(2) Nonresidential. To effect the purposes of this section, the owner or operator shall use, maintain or refrain from using the premises and all buildings thereon, as the case may be, as follows:
A. Landscaping. Premises shall be maintained. Lawns, hedges, and bushes shall be trimmed and kept from becoming overgrown and unsightly where exposed to public view. Grass and lawns permitted to grow in excess of six inches in height, shall be presumed to be a nuisance. Landscaping and ground covering shall be installed and maintained on all developed lots.
B. Signs and billboards. All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have weathered or faded or those upon which the paint has peeled shall, with their supporting members, be removed forthwith or put into a good state of repair. All broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
C. Store fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
D. Signs or advertising removal. Except for "For Rent" signs, any temporary sign, temporary window or other paper advertising material glued or otherwise attached to a window or windows otherwise exposed to public view shall be removed within thirty days after erection.
E. Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event such awnings or marquees are made of cloth, plastic or similar materials, such cloth or plastic, where exposed to public view, shall be maintained in good condition and shall not show evidence of weathering, discoloration, ripping, tearing or other holes. Nothing contained herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
(Ord. 1989-48. Passed 2-16-89; Ord. 1994-188. Passed 10-20-94.)
F. Storage of industrial and commercial equipment, materials or waste and motor vehicle equipment relating to commercial or industrial uses shall not be permitted at a location visible from the sidewalk, street or other public areas unless expressly permitted under the Zoning Code for such premises. Parking and/or storage of semi- tractor trailers or industrial vehicles shall be prohibited in Office Building, Executive Office Park, Shopping Center, General Business and Recreation Business Districts.
(Ord. 1996-207. Passed 10-17-96.)
The parking or storage of boats, motor homes, recreational vehicles, travel trailers and truck trailers used for sales or storage between the property line at the street right of way and the front of every commercial or industrial building is prohibited. All such boats, motor homes, recreational vehicles, travel trailers and truck trailers used for sales or storage shall be stored in the rear yard and screened from view. In the event that the commercial or industrial building is located on a corner lot, boats, motor homes, recreational vehicles, travel trailers and truck trailers used for sales or storage shall not be stored or parked between the property line at the street right of way and the side of the building facing the street.
(c) Structural Soundness and General Maintenance of Exterior; Residential and Nonresidential. Every owner or operator shall maintain the exterior of every structure or accessory structure free of nuisance. The exterior of every structure or accessory structure shall not be kept by any owner or operator in a condition unnecessarily offensive to the visual sensibilities of the average person which would materially and economically detract from the district or neighborhood.
To effect the purposes of this section, the owner or operator shall use, maintain or refrain from using the premises and all buildings thereon, as the case may be, as follows:
(1) Painting and other protective coating. All surfaces susceptible to decay shall be kept at all times painted or otherwise provided with a protective coating sufficient to prevent deterioration or rot.
(2) Surfaces. All surfaces shall be maintained free of broken windows, crumbling stone or brick, peeling paint or any other condition reflective of deterioration or inadequate maintenance.
(3) Exterior walls, sidings and roofs. Exterior walls, sidings and roofs shall be kept structurally sound, in good repair and free from defects.
(4) Damaged materials. Damaged materials shall be repaired or replaced.
(5) Rotted or corroded materials. Materials showing signs of rot, deterioration or excessive corrosion shall be restored and protected.
(d) Reconstruction of Walls and Sidings.
(1) No owner or operator of any premises or buildings shall cause or permit to be reconstructed walls and sidings on any buildings unless all construction of walls and sidings is of standard quality permitted by this Building Code and their appearance commensurate with the character of the properties on the same block and on both sides of the street on which the premises fronts.
(2) No owner or operator shall use any material of a kind that, by its appearance under prevailing appraisal practices and standards, will depreciate the value of neighboring and adjoining premises.
(e) Freedom from Infestation. No owner or operator of the premises or any building thereon shall maintain the exterior parts of the premises or buildings in a condition that will permit infestation by insects, roaches or other vermin.
(Ord. 1989-48. Passed 2-16-89; Ord. 1994-188. Passed 10-20-94.)
(f) Vacant Residential and/or Non-residential Lots. Front lot line maintenance shall be performed by the owner or operator of vacant residential and/or non-residential lots to a minimum of twenty feet from the planned right-of-way. Side lot line maintenance shall only be required to be performed by the owner or operator of vacant residential and/or non-residential lots, to a minimum of ten feet from the side lot line, when such lot is adjacent to an existing, developed and improved lot and shall maintain the entire lot if under an acre in size and surrounded by two developed lots. Such maintenance shall be performed to the same standards established in subsections 1381.07(b)(1)(B) and (b)(2)(A). Where it is impractical to maintain the height of grass, weeds and other ground cover due to the density of trees and bushes, then such trees and bushes shall either be removed or trimmed to the extent necessary to prevent encroachment upon the planned right-of-way, sidewalk and side lot lines. Further, such dense bushes, ground cover or thicket permitted to grow either more than three feet in height and within ten feet of or more than three feet from the planned right-of-way, sidewalk or side lot line shall be deemed a nuisance.
(g) Vegetable Growth as a Nuisance. The growing or existence of brush, briars, thistles or other noxious weeds or hedges to a height in excess of three feet above the level of the adjoining sidewalk or street, or located on lands adjacent to street intersections or railroad rights of way at crossings, the projection of any such growth or tree branch over the inside line of sidewalks or the curb line of streets, and all types of vegetable growth which exude unpleasant, or obnoxious odors or tend to conceal filthy deposits, on any lands located in the City, are found and hereby declared to be conducive to the harboring of mice and rats, to the concealment of obnoxious substances and odors, to the obstruction of view for traffic, to the interference and obstruction of the use of sidewalks, and to the concealment of tramps and highwaymen. All such conditions are detrimental to the general public health, welfare and safety and are hereby declared to be nuisances and prohibited.
(Ord. 1994-187. Passed 10-20-94.)
(h) Growth of Bamboo.
(1) All bamboo owners must confine bamboo (defined as any tropical or semi-tropical grasses classified as “running bamboo” with monopodial rhizome (root) systems which typically send off rhizomes far away from the plant) in a manner that will prevent the bamboo from encroaching, spreading, invading or intruding onto any other private or public property or right-of-way, and shall be required to take any such reasonable measure to do so including, but not limited to, the installation of a properly constructed and maintained underground physical barrier system.
(2) For purposes of this Section, bamboo found growing upon property shall constitute presumptive evidence that the bamboo was planted and/or grown by and with the consent of the owner upon whose property the bamboo is growing. If the bamboo is found to have encroached, spread, invaded or intruded upon any property other than the property on which it was planted, including public property and right-of-way, it shall be presumed that the bamboo is “running bamboo” as defined herein, is hereby declared a nuisance, and is subject to the provisions of this Section.
(3) In the event bamboo growing on a bamboo owner’s property encroaches or grows onto an adjoining or neighboring property, and the bamboo owner fails to remove the bamboo, or fails to cause it to be removed following a request to do so by the affected adjoining property owner within ten (10) days from the date of the request, the affected adjoining property owner shall notify the Real Property Maintenance Officer of such encroachment. The Real Property Maintenance Officer shall be provided satisfactory proof from the affected adjoining neighbor that the bamboo owner was notified of the encroachment and had the requisite number of days to remove the bamboo.
(4) In the event that a property owner notifies a bamboo owner that bamboo is encroaching, spreading, invading or intruding upon such real property owner’s property, such notifying property owner shall give consent to the bamboo owner for the bamboo owner to enter such notifying property owner’s property in order that the bamboo owner may remove the bamboo thereon. Failure to give consent shall hold the notifying property owner responsible for the removal of the encroaching bamboo at such property owner’s cost. Consent hereunder shall also be deemed to be consent given to a contractor that the bamboo owner may hire for the removal of the bamboo, and to the City or the City’s contractor should that become necessary. (Ord. 2022-111. Passed 12-15-22.)
(i) Remedy of the City. In the event the owner, lessee or occupant of any land in the City fails to abate any condition hereinbefore declared to be a nuisance, particularly those as set forth in subsections (b)(1)B., (b)(2)A., or (g), within five (5) days after being notified to do so as hereinafter provided, such nuisance may be abated by the City through use of direct or contract labor under the direction of the Director of Public Service. The cost of abating any such nuisance shall be charged to the owner of the property effected and, in default of payment, shall be assessed against such property. All charges and assessments hereunder shall be made in accordance with the provisions as established in the Charter and Codified Ordinances for charges and assessments for sidewalk repairs. All charges and assessments made under the authority of this section are in addition to any penalty that may be imposed under other provisions of these Codified Ordinances.
(1) When the Director of Public Service or the Director of Public Safety ascertains that a nuisance condition exists as a result of any vegetable growth, either Director shall cause written notice of such fact to be served upon the owners, lessees, agents or tenants in charge of such lands notifying them that vegetation of a designated sort is growing on such lands in such a manner as to constitute a nuisance to the residents to the City and that such vegetation must be cut and destroyed within five (5) days after the service of such notice. If such owner or other person having charge of such land is a non-resident of the City, whose address is known, such notice shall be sent to that address by certified mail. If the address of such owner is unknown, it shall be sufficient to serve such notice upon the property in question by posting it thereon. Any public employee designated by such Directors may make service and return of the notice provided for herein, which shall be duly noted by an official representative of the City, setting forth the cost of such service.
(2) Upon failure of the owners, lessees, agents or tenants having charge of such lands to comply with the order and notice within the period of time stipulated, the Director of Public Service or the Director of Public Safety shall cause such nuisance to be abated by direct employment of labor or by contract labor. Upon the performance of such labor, and thereafter, upon the failure of the person having charge of such lands to make payment of cost thereof within thirty (30) days after billing by the City, the responsible Director shall report to the Director of Finance the cost thereof with respect to each parcel of land, including the amount paid for the performance of such labor, the fees of employees who made service of notice and return and the cost of publication of notice, if any, together with a proper description of the premises. Upon the receipt of such report, the Director of Finance on behalf of the City shall make a filing in writing with the Auditor of Cuyahoga County of such charges which shall be entered upon the tax duplicate of such property and collected as other taxes, all in accordance with Ohio R.C. 731.54. By the enactment of this section, Council hereby approves all such assessments established by the Director of Finance upon report by the responsible Director in accordance with the provisions of this section without the necessity of formal Council approval by ordinance or resolution of each and every assessment resulting from the actions under this section. Such amounts when certified to the County Auditor shall be entered upon the tax duplicate and a lien upon such lands from and after the date of such entry and shall be collected as other taxes and returned to the City with its General Fund.
(3) In event of a second citation for a violation of any provision of this chapter within four (4) calendar months of a previous citation, the notice requirement under this chapter shall be twenty-four (24) hours for correction in lieu of the five (5) calendar days established heretofore.
(Ord. 2003-46. Passed 4-3-03.)