[R.O. 2012 §235.080; Ord. No. 99-5-9 §1, 5-3-1999]
This Article establishes minimum standards for the maintenance
of the buildings and the grounds surrounding such buildings, and does
not replace or modify standards otherwise established for construction,
replacement or repair of buildings, except as such are contrary to
the provisions of this Article.
[R.O. 2012 §235.090; Ord. No. 99-5-9 §1, 5-3-1999]
Every owner shall be responsible for complying with the requirements
of this Code even though a similar responsibility is also imposed
on the occupants of his/her building, and even though the owner has,
by agreement, imposed on the occupants the duty of furnishing required
equipment or of complying with this Code. Every adult occupant of
a dwelling shall be responsible for complying with the requirements
of this Code, even though a similar responsibility is also imposed
upon the owner.
[R.O. 2012 §235.100; Ord. No. 99-5-9 §1, 5-3-1999; Ord.
No. 14-06-03 §1, 6-16-2014]
A.
No person, as owner, occupant, or possessor of any land or structure may cause or permit by act or omission any of the conditions set forth in Sections 235.040 "Nuisances" and 505.010 "Dangerous Buildings" or any of the following conditions which are hereby declared unlawful under this Section:
1.
Exterior of structure. Failure to maintain the exterior
of all structures in a sound condition free of all appearances of
disuse, disrepair or deterioration is declared unlawful. The exterior
of all structures shall be free of holes, breaking, loose or rotting
boards or timbers, and any other conditions which may admit rain,
dampness or insects into the interior portions of the walls or to
the occupied portions of the building. Unlawful conditions include
but are not limited to failure to maintain property consistent with
any of the following requirements:
a.
Bricks, stonework, and mortar shall be free of cracks and deterioration
in such a manner as to exclude the natural elements.
b.
Metal surfaces shall be free from rust, corrosion, and deterioration
in such a manner as to exclude the natural elements. All metal surfaces
shall be treated or painted so as to prevent rust, corrosion, and
deterioration.
c.
All wood and wood product surfaces shall be kept free of rot and
deterioration in such a manner as to exclude the natural elements.
Wood and wood product surfaces shall be treated or painted so as to
prevent rot and deterioration.
d.
Nails and fasteners shall be maintained flush with the surface and
shall further be maintained free from rust, deterioration, and corrosion.
e.
All exterior surfaces shall be kept free of openings which will allow
the ingress or egress of wild animals, birds, rodents, insects, and
vermin except that nothing here shall be construed as to prohibit
property designed, constructed, and maintained windows, doors, and
structure ventilators.
2.
Roof and gutter. Failure to maintain the roof and
gutter of all structures in a sound condition free of all appearances
of disuse, disrepair, or deterioration. Unlawful conditions include
but are not limited to failure to maintain the property consistent
with any of the following requirements:
a.
The roofing surfaces shall be maintained in such a condition as to
exclude the natural elements from the interior of the structure.
b.
Guttering and downspouts shall be maintained free from rust, corrosion,
damage, and deterioration.
c.
The guttering and downspout channels shall be kept free of debris.
d.
All connections and all elements of the guttering and downspout system
shall be secure, watertight, and free from cracks, holes, or openings
which would allow or permit water to escape other than through the
designed watercourse of the gutter and connecting downspout.
e.
Guttering and downspouts shall be maintained in such a manner as
to prevent the accumulation and pooling of standing water within the
structure of the gutter and downspout.
3.
Doors, windows and screens. Failure to maintain
doors, windows, window openings, and screens of all structures in
a sound condition free of all appearances of disuse, disrepair, or
deterioration is declared unlawful. Unlawful conditions include but
are not limited to failure to maintain the property consistent with
any of the following requirements:
a.
Every exterior door shall be maintained in good condition and when
closed shall fit well within its frame so as to exclude wind and rain
as completely as possible from entering the structure.
b.
Windows shall be free of open breaks and cracks in the glasswork
that allow the natural elements into the interior of the structure.
c.
Window caulking shall be maintained so as to exclude the natural
elements and to securely affix the glass to its framing.
d.
Window screens, where provided, shall be securely affixed to the
window opening and shall be maintained free from damage and deterioration
that allow the natural elements into the interior of the structure.
Window screening shall be maintained so as to exclude insects, birds,
and vermin.
4.
Porches, decks and stoops. Failure to maintain porches,
decks, and stoops of all structures in a sound condition free of all
appearances of disuse, disrepair or deterioration is declared unlawful.
Unlawful conditions include but are not limited to failure to maintain
the property consistent with any of the following requirements:
a.
Porches, decks, and stoops shall be adequately supported and able
to safely bear the weight of persons and property.
b.
Porches, decks, and stoops shall be free from sagging, and shall
be securely attached to the building.
c.
Railings and banisters, where required by the appropriate Code or
ordinance, shall be securely attached to the structure and able to
safely prevent persons and property from falling or dropping off of
the surface of the porches, decks, and stoops.
d.
Porches, decks, and stoops shall be kept free of trash and debris.
5.
Sidewalks, driveways, parking spaces, driveway and parking
space curbing, retaining walls and rights-of-way. Failure
of the owner or occupant to maintain all sidewalks, driveways, parking
spaces, driveway and parking space curbing, retaining walls and rights-of-way
located in any areas between the property line of the lot or parcel
and the edge of the pavement of the adjacent street or alley, in a
condition consistent with any of the following requirements is declared
unlawful.
a.
Sidewalks, driveways, parking spaces, driveway and parking space
curbing and retaining walls shall be free from subsurface heave or
settling.
b.
Sidewalks, driveways, parking spaces, driveway and parking space
curbing and retaining walls shall be free from breaking, cracking,
leaning or buckling which causes the surface to become uneven or otherwise
hazardous to persons and property.
c.
Sidewalks, driveways, parking spaces, driveway and parking space
curbing, and rights-of-way adjacent to public streets or alleys shall
be kept free of trash and debris.
d.
Sidewalks, driveways, parking spaces, driveway and parking space
curbing, and rights-of-way adjacent to public streets or alleys shall
be maintained in such a manner as to prevent the accumulation and
pooling of standing water.
e.
Sidewalks, driveways, parking spaces, driveway and parking space
curbing, and rights-of-way adjacent to public streets or alleys shall
be maintained to prevent the tracking of mud onto the public right-of-way.
6.
Foundations. Failure to maintain foundations of
all structures in a sound condition free of all appearances of disuse,
disrepair or deterioration is declared unlawful. Unlawful conditions
include but are not limited to failure to maintain the property consistent
with any of the following requirements:
a.
Foundations shall be maintained higher than the adjacent ground level.
b.
Foundations shall be kept free of openings which allow the ingress
or egress of wild animals, birds, rodents, insects, and vermin except
that nothing herein shall be construed so as to prohibit properly
designed, constructed, and maintained windows, doors, and structure
ventilators.
c.
Foundation walls shall be vertical and free from buckling, bowing,
or sagging and shall adequately support the structure at all points.
7.
Sanitation. Failure to maintain exterior property
areas and the interior of structures in a sound condition free of
all appearances of disuse, disrepair or deterioration is declared
unlawful. Unlawful conditions include but are not limited to accumulation
of rubbish and garbage.
[R.O. 2012 §235.110; Ord. No. 99-5-9 §1, 5-3-1999; Ord.
No. 14-06-03 §3, 6-16-2014]
A.
For any violation except conditions set forth in Section 235.040 "Nuisances" or Section 505.010 "Dangerous Buildings", the Enforcement Officer shall issue a notice and order stating the deficiencies found on the premises, identifying them as violations of this Code and ordering the owner or occupant to correct such violations. This notice and order shall:
1.
Be in writing.
2.
Set forth the alleged violations of this Code.
3.
Describe the premises where the violations are alleged to exist or
to have been committed.
4.
Specify a period of thirty (30) days for the correction of any violation
alleged and advising the owner or occupant of his/her right to appeal.
5.
Be served upon the owner or occupant of the premises by delivery
of a copy of the notice and order to such owner or occupant personally
or by leaving such copy at their usual place of abode with a member
of the family over the age of fifteen (15) years or by mail addressed
to the owner, occupant, or agent thereof. If one (1) or more persons
to whom such notice and order is addressed cannot be found after diligent
effort to do so, service may be made upon such person by posting the
notice and order in or about the premises described in the notice
and order, and by causing such notice and order to be published in
a newspaper of general circulation.
[R.O. 2012 §235.120; Ord. No. 99-5-9 §1, 5-3-1999]
A.
Except
as provided herein, if evidence of repair or improvements which will
eliminate the deficiencies listed in the notice and order are found
by the Enforcement Officer at the time of the reinspection, he/she
may allow an extension of time not to exceed one hundred twenty (120)
days, provided he/she determines the extension of time will not create
or perpetuate a situation imminently dangerous or deteriorating to
life or property.
B.
When
a building permit is required for repair work needed to comply with
this Code, additional extensions of time may be given, provided continual
progress is found on reinspection and the building permit remains
valid.
[R.O. 2012 §235.130; Ord. No. 99-5-9 §1, 5-3-1999; Ord.
No. 16-12-05 § 2, 12-19-2016]
At the end of the period of time allowed for the correction
of any violation alleged, the Code Enforcement Officer shall reinspect
the premises. If, upon reinspection, the violations are determined
by the Code Enforcement Officer not to have been corrected, any person
notified to correct the violation shall be deemed guilty of an ordinance
violation, and the Code Enforcement Officer or his/her duly authorized
representative shall file a written complaint in the Municipal Court
or shall order the premises vacated within thirty (30) days, or both,
unless a valid extension of time has been granted.
