(a) Inspections. The Property Maintenance Officer or any of his designated agents may at any reasonable hour, enter any dwelling, structure or premises within the Municipality to perform any duty imposed on him by this Property Maintenance Code, provided that permission to enter is obtained from the occupant or, in the case of unoccupied property, from the owner or his agent. If such permission is refused or is otherwise unobtainable, a search warrant must be obtained before such entry or inspection is made, except in the case of an existing emergency in which case entry may be made at any time and no search warrant is necessary. No person shall refuse to permit such emergency entry or inspection, nor shall any person hinder, obstruct, resist or abuse any person making or attempting to make such entry or inspection.
(b) Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
(c) Search Warrant or Access Warrant. The Property Maintenance Officer may, upon affidavit, apply to the Rocky River Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises. If the Court is satisfied as to the matter set forth in the affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. A warrant for access may be issued by the Court upon affidavit of the Property Maintenance Officer establishing grounds therefor.
(d) Procedure Where Violation Discovered.
(1) Written notice. Where a violation of this Code or the regulations promulgated pursuant thereto is found to exist, a written notice from the Property Maintenance Officer shall be served on the person or persons responsible for the correction thereof.
(2) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner or operator of any violation at any address other than the last known address provided hereunder if such other address is filed with the Property Maintenance Officer personally or by certified mail addressed to the Property Maintenance Officer. The date of service of the notice shall be determined when service is by mail as of the second day following the day of mailing for notice to addresses within the City, and as of the seventh day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. (Ord. 1974-132. Passed 12-19-74.)
(3) Notice to become an order unless hearing before the Board of Building and Zoning Appeals requested. After five days from the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon before the Board of Building and Zoning Appeals by serving a written request for such hearing, within the five-day period, in person on the Secretary of the Board. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairman, upon receipt of the request, shall within thirty days therefrom and upon five days notice to the party aggrieved, set the matter down for hearing.
(Ord. 1994-189. Passed 10-20-94; Ord. 2020-149. Passed 2-18-21.)
(4) Determination at hearing. At any hearing provided for herein, the Chairman shall be vested with all of the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdraw the notice of extending the time of same.
(5) Extension of time.
A. The Property Maintenance Officer may extend the time for correction or abatement of the violations for an additional period of time not exceeding thirty days except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not exceeding ninety days beyond the expiration date of the original notice or the final decision of the Board of Building and Zoning Appeals.
(Ord. 1974-132. Passed 12-19-74; Ord. 2020-149. Passed 2-18-21.)
B. Provided, however, that the Property Maintenance Officer may extend the time for correction or abatement of any violations, if in his professional judgment, such an extension is warranted due to seasonal weather conditions which makes such correction or abatement impractical within the time period set by this section.
(Ord. 1986-40. Passed 6-5-86.)
(6) Noncompliance with notice.
A. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order as provided in subparagraph (d)(3) hereof, the Property Maintenance Officer, may advise the Director of Law or the Prosecutor of the circumstances and request the Director or the Prosecutor to institute an appropriate action at law to compel compliance.
(Ord. 1974-132. Passed 12-19-74.)
B. Provided, however, that if the Property Maintenance Officer determines that conditions existing on the premises or in or about a structure on such premises are likely to cause an imminent health or safety hazard, or in the case of grass or ground cover, has been permitted to grow to a height in excess of six inches as described in Section 1381.07
(b)(1)B., may, after due notice has been given as provided within this section, and after consultation with the Law Department and any appropriate administrative department, enter onto such premises or request the Service Department or a private contractor to enter onto the premises to take such actions, short of demolition or reconstruction of any structure, as are reasonable and necessary to abate any imminent health or safety hazard or for the purpose of cutting overgrown grass. The Finance Director shall thereafter assess the cost of such abatement to the property owner and take all necessary steps to assure payment of such cost.
(Ord. 1996-254. Passed 12-19-96.)
C. If the responsible person, after being given notice to comply and an opportunity to be heard as provided in Section 1381.08
(d)(1), fails, neglects or refuses within five days to comply with the City's order to correct the violation of the Code, the City may take such action required by such order, by force account or by contract, and the Director of Law or Prosecutor may institute legal proceedings to compel compliance with the order.
(Ord. 1994-190. Passed 10-20-94.)
(7) Referral of violations. Any violation of any ordinance other than this Code discovered by the Property Maintenance Officer or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(8) Where notice and hearing not required prior to court proceedings. Notwithstanding the requirements of subparagraphs (d)(1) through (d)(4) hereof, violations of Section 1381.07
may be prosecuted without notice or alternatively following service of the notice provided in Section 1381.08
(d)(2) by filing a complaint by the Property Maintenance Officer, upon the authorization and approval of the Prosecutor, in the Rocky River Municipal Court. (Ord. 1994-182. Passed 10-20-94.)
(9) Effect of notice on owners. For the purposes of enforcement of this Code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this Code and other applicable ordinances of the City. (Ord. 1974-132. Passed 12-19-74.)
(10) Enforcement. If legal proceedings are commenced against any owner or occupant of premises for violation of the Real Property Maintenance Code as provided for under Sections 1381.08
(d)(6) through Section 1381.08
(d)(8) and a judgment is rendered or a settlement agreement is entered into whereby the property or occupant is required to cure any violation of this Code and should the property owner or occupant fail to comply with such legal requirement, the Property Maintenance Officer may, after ten days, or such other period as provided by court order, enter onto the premises, cure the violation by any reasonable and necessary means, or direct the Service Department to do the same. The Finance Director shall thereafter assess the cost of such cure to the property owner or occupant.
(Ord. 1986-158. Passed 10-2-86.)