(a) Section 301 General.
(1) 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
(2) 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
(3) 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(b) Section 302 Exterior Property Areas.
(1) 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(2) 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs.
(3) 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(4) Vegetation. Vegetation on all premises and exterior property shall be maintained as follows:
A. Grass and Weeds: All premises and exterior property, whether residential, nonresidential, commercial or industrial, and whether occupied or vacant, on parcels of land less than ten thousand (10,000) square feet in area shall be maintained free from grass, weeds or plant growth in excess of ten inches (10"); provided, however, that for all vacant lots or parcels of land ten thousand (10,000) square feet or more in area, this division (b)(4)A. shall apply only to a fifty foot (50') setback from developed areas. All other portions of such vacant parcels must be mowed on at least two (2) occasions every calendar year, with the first mowing to occur on or before April 30 and the second mowing to occur in September, on or before September 30. All noxious weeds, as defined by OAC 901:5-37-01, shall be prohibited.
B. Trees, Plants and Shrubs: All trees, plants or shrubs that overhang a public street or sidewalk shall be trimmed to a height of at least eight feet (8') above the sidewalk and thirteen feet (13') above the street. Any tree, shrub or part thereof which, as a result of death, decay, breaking, placement or neglect, is a hazard or endangers any person, animal or property, or causes a blighting effect on the neighborhood, shall be trimmed or removed.
C. Annual Notice: The Code Official shall cause annual notice to be published, no later than April 1st of each year, in a newspaper of general circulation in the county notifying City residents and property owners of the requirements of this division (b)(4). Such notice shall also be posted on the City's website.
D. Notice of Violation: When the Code Official determines that a premises or property is in violation of this division (b)(4)A. or B. of this section, he shall serve a written notice of violation upon the owner of the premises or property, in the manner provided by Section 1490.01(g) of this Code. If the address of the owner is unknown, it is sufficient to serve the owner by posting the notice in a conspicuous place in or about the premises or property. Only one (1) written notice is required per calendar year per lot, parcel, premises or property under this division (b)(4). If, after a written notice has been served in accordance with division (b)(4)D. of this section, the Code Official determines that a subsequent violation has occurred, the City may proceed with the remedy set forth in division (b)(4)G. of this section.
E. Failure to Comply: No owner shall fail to comply with the notice provided for in division (b)(4)D. of this section.
F. Prima-Facie Violation: It is a prima-facie violation of this division (b)(4)A. if grass or weeds in excess of ten inches (10") exist upon any premises, parcel or lot of less than ten thousand (10,000) square feet, or upon a vacant premises, parcel or lot of more than ten thousand (10,000) square feet within the required fifty-foot (50') setback between April 1st and November 1st.
G. Abatement of Violation: Upon failure of the owner to comply with a notice of violation, the Code Official may cause such weeds, grass, trees, plants, shrubs and/or other vegetation to be cut and removed. The costs incurred by the City to cut said weeds, grass, trees, plants, shrubs and/or other vegetation, including the cost to serve notice, shall be charged to the owner, together with an administrative fee of one hundred fifty dollars ($150.00). An invoice for such costs and fee shall be served upon the owner in accordance with the notice provisions of Section 1490.01(g) of this Code. If the invoice is not paid by the owner within the time stated on such invoice, the City's Finance Director is hereby authorized and directed to certify the unpaid amount, together with a fifty dollar ($50.00) penalty, to the Greene County Auditor for placement upon the tax duplicate, to be collected as other taxes are collected for return to the City.
H. Penalties: The procedure outlined in division (b)(4)G. of this section shall be the exclusive remedy of a violation of this division (b)(4).
(Ord. 14-10. Passed 02/13/14; Ord. 16-19. Passed 04/28/16; Ord. 2019-05. Passed 03/14/19)
(5) 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(6) 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(7) 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(8) 302.8 Motor vehicles. Except as provided for in other regulations, motor vehicles on private property shall be subject to the following standards:
A. 302.8.1 Inoperable or unlicensed vehicles, vehicle repair. No inoperable 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. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: An inoperable or unlicensed vehicle or a vehicle undergoing major overhaul, including body work, is permitted within a building so as not to be visible from the street or neighboring properties if the vehicle is titled to the owner or resident of the premises. Major overhaul or body work shall not be performed between the hours of 11:00 p.m. and 7:00 a.m., and as required by all other laws, and no sounds shall be louder than can be heard and/or felt from 50 feet away.
B. 302.8.2 Removal of vehicle. Upon failure of the person responsible to comply with the notice of violation of Section 302.8.1, the code official shall cause the vehicle to be removed through the Chief of Police pursuant to Section 106.3.1.
(9) 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(c) Section 303 Swimming Pools, Spas And Hot Tubs.
(1) 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(2) 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(d) Section 304 Exterior Structure.
(1) 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(3) 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
(4) 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(5) 304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(6) 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(7) 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(8) 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(9) 304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(10) 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(11) 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(12) 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(13) 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
A. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
B. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
(14) 304.14 Insect screens. During the period from April 1 to October 1, 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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(15) 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.
(16) 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(17) 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(18) 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
A. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
B. 304.18.2 Windows. Operable windows located in whole or in part within six feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
C. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
(19) 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.
(e) Section 305 Interior Structure.
(1) 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(2) 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(3) 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
(4) 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(5) 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(6) 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
(f) Section 306 Component Serviceability.
(1) 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
A. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
a. Collapse of footing or foundation system;
b. Damage to footing, foundation, concrete or other structural element due to soil expansion;
c. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
d. Inadequate soil as determined by a geotechnical investigation;
e. Where the allowable bearing capacity of the soil is in doubt; or
f. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
2. Concrete that has been subjected to any of the following conditions:
a. Deterioration;
b. Ultimate deformation;
c. Fractures;
d. Fissures;
e. Spalling;
f. Exposed reinforcement; or
g. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
a. Deterioration;
b. Corrosion;
c. Elastic deformation;
d. Ultimate deformation;
e. Stress or strain cracks;
f. Joint fatigue; or
g. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
a. Deterioration;
b. Ultimate deformation;
c. Fractures in masonry or mortar joints;
d. Fissures in masonry or mortar joints;
e. Spalling;
f. Exposed reinforcement; or
g. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
a. Deterioration;
b. Elastic deformation;
c. Ultimate deformation;
d. Metal fatigue; or
e. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
a. Ultimate deformation;
b. Deterioration;
c. Damage from insects, rodents and other vermin;
d. Fire damage beyond charring;
e. Significant splits and checks;
f. Horizontal shear cracks;
g. Vertical shear cracks;
h. Inadequate support;
i. Detached, dislodged or failing connections; or
j. Excessive cutting and notching.
k. Exceptions: When substantiated otherwise by an approved method; demolition of unsafe conditions shall be permitted when approved by the code official.
(g) Section 308 Rubbish and Garbage.
(1) 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
(2) 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
A. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
B. 308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
(3) 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
A. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container.
B. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
(4) 308.4 A notice of violation of Section 1490.03(g) shall conform to Section 1490.01(g) with the exception that the notice of violation may be posted in a conspicuous place on the premises affected by such notice, without sending the notice by mail. Upon failure of the owner or agent having charge of a property to comply with a notice of violation pursuant to Section 1490.03(g), the code official may pursue abatement pursuant to Section 1490.01(f)3.A.
(h) Section 309 Pest Elimination.
(1) 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
(2) 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
(3) 309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
(4) 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
(5) 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.
(Ord. 14-10, passed 2-13-2014; Am. Ord. 16-19, passed 4-28-2016)