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The International Property Maintenance Code as adopted is amended and revised in the following respects:
Section PM 101.1 is hereby amended to read as follows: Title. These regulations shall be known as the Property Maintenance Code of the City of Whitehall hereinafter referred to as the property maintenance code or “this code”.
Section PM 102.3 is hereby amended to read as follows: Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the codes referenced in Chapter 8 of this code as amended in this ordinance. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Whitehall Zoning Code.
Section PM 102.7 is hereby amended to read as follows: Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 as amended in this ordinance and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
Section PM 103.2 is hereby amended to read as follows: Appointment. The code official shall be the Director of Public Service or his/her authorized representative(s).
Section PM 103.4 is hereby amended to read as follows: Restriction of employees. An official or employee connected with the enforcement of this code, except one whose only connection is that of a member of the Board of Zoning and Building Appeals established under the provisions of Section 55 of the Charter of the City of Whitehall, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
Section PM 103.6 is hereby amended to read as follows: Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the Building Code section of the Codified Ordinances of the City of Whitehall.
Section PM 106.4 is hereby amended to read as follows: Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall, upon conviction thereof, be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense. (Ord. 55-90. Passed 8-7-90.)
Section PM 109.6 is hereby amended to read as follows: Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Board of Zoning and Building Appeals, be afforded a hearing as described in Chapter 151 of the Codified Ordinances of the City of Whitehall.
Section PM 111.1 is hereby amended to read as follows: Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Zoning and Building Appeals, provided that a written application for appeal is filed within 20 days after the date the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
Section PM 111.8 is hereby amended to read as follows: Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Board of Zoning and Building Appeals.
Section PM 201.1 is hereby amended to read as follows: Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. Where definitions listed in this code differ from definitions in the Codified Ordinances of the City of Whitehall, the definitions hereby listed shall govern the application of the Property Maintenance Code only.
Section PM 302.4 is hereby amended to read as follows: Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 8 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. (Ord. 56-01. Passed 10-2-01.)
Section 302.8 is hereby amended to read as follows: Motor Vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. All vehicles or trailers parked or stored on any property in the City of Whitehall shall bear the current registration or license plates required by the Ohio Revised Code, unless allowed by other regulations adopted by the City. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(Ord. 47-02. Passed 10-15-02.)
Section PM 303.14 is hereby amended to read as follows: Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
Section PM 602.3 is hereby amended to read as follows: Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 65 degrees F (18 degrees C) in all habitable rooms, bathrooms, and toilet rooms.
Section PM 602.4 is hereby amended to read as follows: Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 degrees F. (18 degrees C.) during the period the spaces are occupied.
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Chapter 8 Referenced Standards is hereby amended to add:
The Ohio Basic Building Code (OBBC) replaces the Building Officials and Code Administrators (BOCA) National Building Code for all buildings except one, two and three family dwellings, for which the Ohio Building Officials Association (OBOA) code is used. Ref. Chapters 4101:2-1 to 4101:2-69 of the Ohio Administrative Code. The Ohio Basic Mechanical Code and OBOA Mechanical Code sections replace the International Mechanical Code (ICC). Ref. Chapters 4101:2-36 to 4101:2-53 of the Ohio Administrative Code. The Ohio Plumbing Code and Franklin County Plumbing Code replace the International Plumbing Code (ICC). Ref. Chapters 4101:2-56 to 4101:2-69 of the Ohio Administrative Code.
(Ord. 56-01. Passed 10-2-01.)