- Home
- Government
- City Council
- Charter and Laws
- Part 17 Property Maintenance Code
- Title 3 Property Regulation Administration
Title 3 Property Regulation Administration
- Chapter 1731 Approval of Materials and Equipment
- Chapter 1733 Unsafe Structures and Equipment
- Chapter 1735 Vacant Structures
- Chapter 1739 Violations and Abatement
- Chapter 1741 Appeal
- Chapter 1743 Referenced Standards
Chapter 1731 Approval of Materials and Equipment
Section 1731.01 Alternative Materials
(a) The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.
(b) An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
(c) here the alternative material, design, or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.
Section 1731.02 Required Testing
(a) Whenever there is insufficient evidence of compliance with the provisions of this code, evidence that a material or method does not conform to the requirements of this code, or insufficient evidence to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance, at the expense of the person requesting use of alternative materials or equipment.
(1) Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
(2) Reports of tests shall be retained by the code official for the period required for retention of public records.
(b) Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Section 1731.03 Used Materials and Equipment
Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment, and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official.
Section 1731.04 Conditions of Use
Materials, equipment, and devices approved by the code official shall be constructed and installed in accordance with such approval.
Chapter 1733 Unsafe Structures and Equipment
Section 1733.01 Unsafe Conditions
(a) An “Unsafe Structure” is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(b) “Unsafe Equipment” includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(c) 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 Ohio Building Code, except as provided in Section 1733.01(e):
(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.
(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.
(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.
(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.
(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.
(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.
(J) Excessive cutting and notching.
(d) The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Ohio Building Code or the Residential Code of Ohio as required for existing buildings:
(1) The nominal strength of any structural member is exceeded by nominal loads, the load effects, or the required strength.
(2) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects.
(3) Structures or components thereof that have reached their limit state.
(4) Structural members are incapable of supporting nominal loads and load effects.
(5) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored, or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(6) Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
(7) Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights, are not maintained, weather resistant or watertight.
(8) Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects.
(9) Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks, or loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
(10) Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects.
(11) Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored, or are incapable of supporting all nominal loads and resisting all load effects.
(12) Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(13) Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts that are not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(14) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, that are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(15) Chimneys, cooling towers, smokestacks, and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
(e) Unsafe Conditions as specified in Section 1733.01(c) or (d) shall not be repaired or replaced:
(1) Where substantiated otherwise by an approved method, or
(2) Where demolition of unsafe conditions has been permitted and approved by the code official.
Section 1733.02 Dangerous Conditions
(a) For the purpose of this code, any structure or premises that has any of the conditions or defects described as follows shall be considered to be dangerous:
(1) Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
(2) The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
(3) Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
(4) Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half of the original designed value.
(5) The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
(6) The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
(7) The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
(8) Any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
(9) A building or structure, used or intended to be used for dwelling purposes, that due to inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
(10) Any building or structure, that due to a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
(11) Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
Section 1733.03 Unlawful and Unfit
(a) An “Unlawful Structure” is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
(b) A structure is “Unfit for Human Occupancy” whenever the City finds that such structure is unsafe, unlawful, dangerous, or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(c) Equipment is “Unfit for Service” whenever the City finds that such equipment is unsafe, unlawful, dangerous, or, because of the degree to which the equipment is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential supporting equipment required by this Code, or because the location of the equipment constitutes a hazard to the occupants of the equipment or to the public.
Chapter 1735 Vacant Structures
Section 1735.01 Blight Prevention
(a) Vacant buildings 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) As used in this chapter “Vacant Building” means any building or part thereof larger than 1,000 square feet that is unoccupied, empty, or has been abandoned.
Section 1735.02 Registration Required
(a) The owner, agent, lessee, or party in control of any vacant building, or a mortgagee that has filed a foreclosure action that is currently pending regarding any vacant building shall register the building with the code official, and maintain the registration up to date.
(b) An application for registration of a vacant building shall include all of the following information on forms provided by the City:
(1) The name of the owner, agent, lessee, or party in control of the property and/or foreclosing entity submitting the registration application;
(2) The direct mailing address of the applicant. (P.O. boxes are not an acceptable address);
(3) A contact name, telephone number and e-mail address for the applicant;
(4) In the case of an applicant whose home or business address is located outside Stark County, the applicant shall provide the name and mailing address of a local property management company as well as the contact name, telephone number, and e-mail address of the person responsible for the security, maintenance, and marketing of the property; and
(5) The fee required by this section.
(c) Registration shall remain valid for twelve months from the date of issuance. The owner, agent, lessee or party in control, or mortgagee in foreclosure, shall renew the registration upon expiration for as long as the property remains vacant.
(d) The owner, agent, lessee, party in control, or mortgagee in foreclosure of any vacant building, shall inspect the property at least one time each month on the interior and exterior of the property to verify that the requirements of this section, the Codified Ordinances of the City, and any other applicable laws are being met. A written report of such inspections shall be provided to the City upon request.
(e) Fees. The annual fee for registering a vacant building shall be as follows:
Type of Property | Years Vacant | Fee |
Residential | 1 | $250.00 |
| 2 | $310.00 |
| 3 | $470.00 |
| 4 | $820.00 |
| 5 and each subsequent year | $1,640.00 |
Commercial | 1 | $0.050 per sq. ft. |
| 2 | $0.075 per sq. ft. |
| 3 | $0.150 per sq. ft. |
| 4 | $0.375 per sq. ft. |
| 5 and each subsequent year | $1.125 per sq. ft. |
(f) Exemptions. Waivers exempting compliance with the provisions of this chapter can be obtained in writing on a form provided by the City under the following circumstances as long as the property is kept in safe, secure, and habitable condition in the owner's absence:
(1) Fire damaged buildings provided clean up, repair, or demolition is initiated within ninety (90) days from the date of the fire.
(2) Residents on an extended vacation or in an alternative temporary living arrangement, with the intention of re-occupying the property.
(3) A former owner-occupant who has moved and is actively attempting to sell a vacant home.
(4) Estate of a deceased homeowner that is actively attempting to sell the vacant home.
(5) The property is actively being sold supported by proof of listing on the Multiple Listing Service, or other similar forum for the sale of property or proof of contract for realtor services.
Section 1735.03 Duties of Owner
The owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building shall maintain the vacant building as required by this code.
Section 1735.04 Certificate Required
(a) The owner, agent, or party in control of any vacant building, shall apply for and obtain a certificate of inspection from the Code official within thirty (30) days of the premises becoming a vacant building and annually thereafter.
(b) An application for a certificate of inspection required by this chapter shall be made upon forms supplied by the City.
(1) The Code official shall cause a general exterior and interior inspection for the dwelling structure and premises to be made.
(2) The certificate of inspection shall contain the following information:
(A) The street address or other identifying characteristics of the dwelling structure;
(B) The name and address of the owner(s); lessee or party in control;
(C) The authorized use and occupancy of the dwelling structure; and
(D) The listing of all known violations existing at the time of such inspection.
(3) Once a certificate of inspection is issued, it shall be valid for a period of one year from the date of the inspection required herein.
(c) The fee for a certificate of inspection shall be two hundred dollars ($200.00).
(d) There shall be no fee for one re-inspection requested by the same owner within twelve months from the date of the initial inspection to verify correction of violations stated within the certificate of inspection. Each subsequent inspection thereafter shall be seventy-five dollars ($75.00) per inspection.
(e) In the event of resale within the one-year period, this certificate shall be transferred to any subsequent bona fide purchaser and shall be valid for the remainder of that period.
Section 1735.05 Escrow Deposit Required Prior to Sale
(a) If all violations listed on the certificate of inspection are not corrected prior to transfer of title, an escrow account shall be established by a party to the transfer, in an amount not less than one thousand dollars ($1,000) and equal to 100 percent of the estimated cost of repairs, shall be deposited therein to pay for the cost to correct all remaining violations. No party to a transfer of a vacant building shall authorize or accept such transfer without ensuring compliance with this section.
(b) The amount to be held in escrow shall be determined by a party of the transfer procuring written estimates from at least two companies capable of performing the work, which are currently registered to do business in the City. The amount deposited into escrow shall be one hundred percent (100%) of the higher of the two estimates.
(c) If the party establishing the escrow can demonstrate to the code official that after a good faith effort, he/she is unable to obtain two written estimates, the code official shall establish the amount to be placed in escrow.
(d) If, under the terms of an agreement to sell, transfer, or otherwise convey an interest in a vacant building, the party obligated to correct the specified violations is listed on the certificate of inspection, then the obligated party, the code official and the party’s escrow agent shall jointly prepare a written statement setting forth an agreed sum of money, which is compliant with Section 1703.07 to cover the cost of correcting the specific violations listed on the certificate of inspection, which remain uncorrected.
Section 1735.06 Correction of Violations
Any violations found upon inspection of the premises shall be corrected prior to issuance of the certificate of occupancy. Violations that cannot be corrected due to seasonal conditions shall not preclude the issuance of a certificate of occupancy provided that issuance of such certificate shall be upon written acknowledgment of all violations and agreement to correct all violations within six months of the inspection date. In addition, written notice must be received by the City that funds are being held in an escrow account in a sufficient amount to correct all violations, but in no case less than one thousand dollars ($1,000). Such account shall be held by an independent escrow agent and be closed only upon written notice by the code official.
Section 1735.07 Dispersal of Funds by Escrow Agent
(a) No person acting in the capacity of an escrow agent in any real estate transaction involving the sale or transfer of a vacant building shall disburse any funds held in escrow in compliance with this Chapter unless there has been compliance with this code.
(b) Funds shall be disbursed only upon written authorization from the code official as follows:
(1) The code official may authorize a release of funds from the escrow account established per this Section as payment in full to a contractor as each violation is corrected, provided the amount due does not exceed the written estimate; or
(2) The code official may authorize a release of funds from the escrow account established per this Section as payment in full to a contractor as each violation is corrected, provided that when the amount due does exceed the written estimate, such release can only be made upon the code official’s written finding that sufficient funds will remain in escrow to correct all other remaining violations.
Section 1735.08 Certificate of Occupancy
At the request of the owner of property or his/her agent, the City shall issue a letter or other written document signed and dated by the code official stating that all violations listed on the certificate of inspection have been completed to the City's satisfaction, and the property is eligible for occupancy. No vacant building can be occupied until this certificate of occupancy is obtained.
Section 1735.09 Closing of Vacant Structures/Boarding Standards
(a) If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
(b) Windows and doors shall be boarded in an approved manner as specified by the Department of Development Services to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. No signs or other identification of a vacant structure shall be visible from the street.
(c) Boarding sheet material shall be clear polycarbonate sheeting material a minimum 3/16-inch-thick complying with applicable standards. Acrylic and/or wood sheathing shall not be used.
Chapter 1739 Violations and Abatement
Section 1739.01 Notice of Administrative Warning
(a) Whenever the code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, the code official may issue a Notice of Administrative Warning to the property owner, occupant or agent having charge of the property. The code official is authorized to issue a single Notice of Administrative Warning for a particular property to the property owner, occupant, or agent having charge of the property in order to address multiple violations of this Code.
(a) Such notice shall be in writing and shall include all of the following:
(1) The address or real property description reasonably sufficient to identify the property in question;
(2) A brief statement of the violation or violations of this Code;
(3) A brief statement of what must be corrected to bring the property into compliance with the provisions of this Code and a correction order allowing a reasonable time to take such action and/or make the repairs and improvements required to bring the property into compliance with the provisions of this Code;
(4) Notification of the penalties which may result from non-compliance, including a statement of the City’s right to file a lien against the property;
(5) Notification of the opportunity to enter into a corrective action plan with the City to abate the violations; and
(6) Notification of the right to appeal the determination that the property is not in compliance with this Code to the Property Maintenance Review Board.
Section 1739.02 Finding of Non-Compliance; Notice
(a) At any time after the expiration of the time period for the correction of violations as specified in a Notice of Administrative Warning, a property shall be deemed to be non-compliant with this Code and the owner, occupant, or agent having control of the property may be issued a Notice of Non-Compliance if either of the following apply:
(1) Said property is not brought into compliance with the contents and provisions of any Notice of Administrative Warning and no request for a hearing before the Property Maintenance Review Board has been filed nor has a corrective action plan been entered into under Section 1739.04; or
(2) Said property owner, occupant, or agent having control of the property fails to bring the property into compliance with the decision of the Property Maintenance Review Board rendered as the result of a hearing before the Board within fourteen (14) days of issuance of the decision of the property Maintenance Review Board or within the time frame set by the Board and no judicial review is sought.
(b) Such notice shall be in writing and shall include all of the following:
(1) The address or real property description reasonably sufficient to identify the property in question;
(2) A brief statement of the violation or violations of this Code;
(3) A brief statement of what must be corrected to bring the property into compliance with the provisions of this Code and a correction order to take such action and/or make the repairs and improvements required to bring the property into compliance with the provisions of this Code;
(4) Notification that an Affidavit of Non-Compliance shall be filed with the Stark County Recorder’s Office;
(5) Notification of the penalties which may result from non-compliance, including a statement of the City’s right to file a lien against the property;
(6) Notification of the opportunity to enter into a corrective action plan with the City to abate the violations; and
(7) Notification of the right to appeal the determination that the property is not in compliance with this Code to the Property Maintenance Review Board.
(c) Once a property has been deemed to be non-compliant, such determination shall attach to the owner, occupant, or agent having control of the property for a period of seven (7) years for purposes of Section 1739.13 of this Code.
(d) When a property is found to be non-compliant with this Code, the code official shall file an Affidavit of Non-Compliance with the Stark County Recorder’s Office.
(1) The Affidavit of Non-Compliance shall contain all of the following:
(A) The legal description of said property.
(B) Notification that the property is deemed to be non-compliant for and that such determination shall attach to the owner, occupant or agent having charge of the property for a period of seven (7) years for purposes of Section 1739.13 of this Code.
(C) The name of the owner(s) of the record of the property at the time of said non-compliance.
(D) An address at which the owner, occupant or agent having control of the property may obtain copies of the file concerning the property.
(E) A statement that costs have been incurred by the City and how all information regarding such costs can be obtained by the owner, occupant or agent having control of the property.
(2) Upon completion of the corrective actions, repairs and improvements required to bring the property into compliance with the provisions of this Code and payment of the established fees, the code official shall file an Affidavit of Compliance with the Stark Country Recorder stating that prior concerns raised by the Affidavit of Non-Compliance have been corrected.
Section 1739.03 Methods of Abatement
(a) When a property is found to be non-compliant with this Code, the code official may take any or all of the following actions upon giving thirty (30) days prior written notice of abatement to the owner, occupant, or agent having control of the property, via notice of Administrative Warning, provided, however, no notice of abatement need be given by the code official if exigent circumstances necessitate the immediate or prompt abatement of a violation.
(1) Cause the property to be brought into compliance with this Code, which shall include the right of the City to contract with third parties, through the completion of the necessary work and/or the supply the necessary materials to bring the property into compliance, including the demolition and removal of any structures located on the property.
(A) The property owner, occupant, or agent having charge of the property shall be invoiced by the City for all abatement costs incurred or to be incurred by the City, including all costs to third parties, in order to bring the property into compliance with this Code, and such invoice shall be paid by the owner, occupant, or agent having charge of the property within thirty (30) days of the date of the invoice.
(B) If after such thirty (30) day period the invoice has not been paid, the costs therein shall be assessed as a lien against the property and certified to the County Auditor.
(2) Issue a written citation to the owner, occupant, or agent having control of a property. The code official is further authorized to assess a fine as provided in Section 1739.11(b), in addition to any other fees, costs, or charges authorized by this Code or Ohio law.
(3) Request the Law Director to institute appropriate action to restrain, correct, or abate a violation of this Code, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
(A) The property owner, occupant, or agent having control of the property shall be invoiced by the City for the costs of any such action taken by the Law Director, and such invoice shall be paid by the owner, occupant, or agent having control of the property within thirty (30) days of the date of the invoice.
(B) If after such thirty (30) day period the invoice has not been paid, the costs therein shall be assessed as a lien against the property and certified to the County Auditor.
(b) The costs for taking any of the above actions may include, but are not limited to, any costs incurred due to the use of employees, materials, or equipment of the City of North Canton, any costs arising out of contracts for labor, materials, or equipment, costs of service of notice(s), filing of an affidavit(s), title searches, attorney’s fees, or any other necessary costs in seeking remedies for violations of this Code.
(c) The City of North Canton may cause a civil action to be commenced to recover the total costs incurred pursuant to this Chapter from the owner, occupant or agent having control of the property. All attorney’s fees and court costs incurred by the City shall be considered “costs” as provided for in Section 1739.03(b).
(d) Any contract entered into between the City and a third party to enforce this Code may contain a provision that some or all of the consideration to be paid by the City under said contract, may be deferred and shall only be payable upon the City’s collection of same from the owner, occupant or agent having control of the property and/or other collection after being certified to the City treasurer and collected thereby. Any interest and/or penalties attributable to said deferred payments shall bear the same rates allowed by law for delinquent real property taxes and shall be added to said deferred payments, provided, however, that any such interest and/or penalties attributable to said deferred payments shall only be payable by the City to a third party upon the City’s collection of same from the owner, occupant, or agent having control of the property.
(e) With respect to any action taken by the City relating to properties found to be in violation of this Code, the costs of which are assessed as a lien against the real estate, the City reserves the right to take such legal steps as may be necessary to subordinate all other mechanics liens, mortgages, or other liens assessed against the property.
(f) Notice of abatement as provided for in Section 1739.03 shall include:
(1) The address or real property description reasonably sufficient to identify the property in question;
(2) A brief statement of the violation or violations of this Code;
(3) A brief statement of what must be corrected to bring the property into compliance with the provisions of this Code and a correction order allowing thirty (30) days to take such action and/or make the repairs and improvements required to bring the property into compliance with the provisions of this Code;
(4) Notification of the penalties which will result from failure of compliance with the correction order, including a statement of the City’s right to file a lien against the property;
(5) Notification of the right to appeal the determination that the property is not in compliance with this Code to the Property maintenance Review Board.
(g) For purposes of this Section, a Notice of Administrative Warning as described in Section 1739.01 will qualify as notice of abatement.
Section 1739.04 Corrective Action Plans
(a) Upon agreement of the owner, occupant, or agent having control of the property and the code official, a corrective action plan may be prepared to identify the specific steps which need to be taken to cure violations of this Code at the property, establish reasonable deadlines for the correction of issues at the property, establishment of a payment plan in which outstanding administrative fees will be remitted to the Division of Property Maintenance and any other criteria which is necessary for the correction of conditions at the property.
(b) Both the property owner, occupant, or agent having control of the property and the code official shall execute the corrective action plan for it to be valid.
(1) Upon the corrective action plan becoming valid, any proceedings relevant to the property that is the subject matter of the corrective action plan shall be stayed.
(2) If the property owner, occupant, or agent having charge of the property fails to adhere to the corrective action plan, the stay of any such proceedings shall be lifted and the code official may continue any proceedings permitted by this Code.
(c) The code official is authorized to assess the fee specified in Section 1739.11 for the creation of the corrective action plan.
Section 1739.05 Condemned Structures
(a) When a structure or equipment is found by the code official to be unfit for human occupancy or service such structure or equipment shall be condemned pursuant to the provisions of this code.
(b) Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 1739.10. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 1739.01(a).
(c) Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(1) The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.
(d) Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
(e) The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
(f) The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
Section 1739.06 Emergency Measures
(a) When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(b) Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
(c) When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
(d) For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(e) Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.
(f) Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.
(g) The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Chapter 1743 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
Section 1739.07 Demolition
(a) The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.
(b) Notices and orders shall comply with Section 1739.10.
(c) If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(d) Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
Section 1739.08 Stop Work Order
(a) Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
(b) A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
(c) Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
(d) Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $150.00 or more than $1000.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 1739.09 Tampering with Posted Signs
Signs, tags, or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.
Section 1739.10 Method of Service
(a) Service of any notice or other documentation as required by this Code shall be deemed to be effective if sent by regular or certified mail to the property, property owner, occupant, or agent having control of the property as may be reflected in the public records; however, a citation must be sent via certified mail or other means of signature verified delivery.
(b) In addition to sending any notice, citation, or other documentation via regular or certified mail, the code official shall hand deliver said documents to the property by posting such documents in a conspicuous location on the property or delivering such documents to the property owner, occupant, or agent having charge of the property.
(c) In the event that service is returned as undeliverable, refused or if any other unforeseen circumstances with respect to service arise, the Ohio Rules of Civil Procedure shall govern service for the purposes of this Code.
Section 1739.11 Fees and Fines
(a) The fees related to the provisions of this Code, and for the activities and services performed by the Division of Property Maintenance in carrying out its responsibilities under this Code, shall be as indicated in the following schedule.
Event | Fee |
File Appeal to Property Maintenance Review Board: |
|
5 or fewer violations | $150.00 |
6 to 10 violations | $200.00 |
11 to 15 violations | $250.00 |
16 to 20 violations | $350.00 |
21 or more violations | $500.00 |
Corrective Action Plan Development | $150.00 |
Affidavit of Compliance | $150.00 |
(b) The fines for citations issued under this Code shall be as indicated in the following schedule.
Event | Fines
|
First Offense Citation | $150.00 |
Second Offense Citation | $250.00 |
Third and subsequent Offense Citation | $500.00 |
(c) Unpaid fees and fines shall be an assessment on the property enforceable in the same manner as assessments for delinquent property taxes.
Section 1739.12 Exception to Administrative Process
(a) If the violation is deemed such that the structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy or is found unlawful, nothing in this Code will be construed as to preclude the City of North Canton from pursuing any additionally available remedies pursuant to Chapter 1733, Unsafe Structures and Equipment, or Ohio law.
(b) The provisions in this Code shall not be construed to abolish or impair existing procedures or remedies of the City or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe, and unsanitary.
(c) Whenever there are practical difficulties involved in carrying out the provisions of this Code, the code official shall have the authority to grant modifications for individual cases upon application of the owner, occupant or agent having control of the property, provided that the code official shall first find that a special individual reason or reasons makes the strict letter of this Code impractical, the modification is in compliance with the intent and purpose of this Code, and that such modification does not lessen health, life, and safety requirements. The details of any modifications granted, including the special individual reason or reasons, shall be recorded and entered in the Property Maintenance Enforcement Division files.
Section 1739.13 Violations as Unlawful Acts
(a) Any person failing to comply with a notice or order served in accordance with this Chapter shall be deemed to be in violation of this Code, which shall be a minor misdemeanor or civil infraction as determined by the City, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the property in violation of the provisions of this Code or of the order or direction made pursuant thereto.
(b) Any person who violates any provision of this Code and is found by the code official to be non-compliant on four (4) separate occasions within a seven (7) year period shall be deemed on the fourth occasion to be in violation of this Code, a misdemeanor of the first degree and the offense shall be deemed a strict liability office. This does not preclude the issuance of fees on the fourth and subsequent violations. Each day that a violation continues after a Notice of Non-Compliance has been served shall be deemed a separate offense.
Chapter 1741 Appeal
Section 1741.01 Means of Appeal
(a) Any person directly affected by a decision of the code official, a notice, order, or other documentation issued under this code shall have the right to appeal to the Property Maintenance Review Board, provided that a written application for appeal is filed with the Property Maintenance Review Board Clerk within thirty (30) days after the day the decision, notice, order, or other documentation was served upon the property owner, occupant, or agent having charge of the property. 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.
(b) The Board shall affirm, modify, or reverse the decision of the code official and render a decision of the same.
(1) The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
(2) The code official shall take action within a reasonable period of time in accordance with the decision of the Property Maintenance Review Board.
Section 1741.02 Court Review
Any person who is party of the appeal shall have the right to seek judicial review in any manner as provided by law to appeal a decision of the Property Maintenance Review Board in relation to this Code.
Section 1741.03 Stays of Enforcement
Appeals of notice and orders shall stay the enforcement of the notice and order until the appeal is heard by the Property Maintenance Review Board except for notices and orders issued under the imminent danger or emergency provisions of Chapter 1739.
Chapter 1743 Referenced Standards
Section 1743.01 Referenced Codes and Standards
(a) The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated below.
(b) Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
(c) Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(d) Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Section 1743.02 Outside Standards Referenced in Code
(a) American Society of Mechanical Engineers (ASME)
(1) ASME A17.1—2016/CSA B44—16: Safety Code for Elevators and Escalators
(b) American Society for Testing and Materials (ASTM)
(1) F1346—91 (2010): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
(c) International Code Council (ICC)
(1) IBC—18: International Building Code®
(2) IECC—18: International Energy Conservation Code®
(3) IEBC—18: International Existing Building Code®
(4) IFC—18: International Fire Code®
(5) IFGC—18: International Fuel Gas Code®
(6) IMC—18: International Mechanical Code®
(7) IPC—18: International Plumbing Code®
(8) IRC—18: International Residential Code®
(9) IZC—18: International Zoning Code®
(d) National Fire Protection Association (NFPA)
(1) 10—17: Standard for Portable Fire Extinguishers
(2) 12—15: Standard on Carbon Dioxide Extinguishing Systems
(3) 12A—15: Standard on Halon 1301 Fire Extinguishing Systems
(4) 17—17: Standard for Dry Chemical Extinguishing Systems
(5) 17A—17: Standard for Wet Chemical Extinguishing Systems
(6) 25—17: Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems
(7) 70—17: National Electrical Code
(8) 72—16: National Fire Alarm and Signaling Code
(9) 80—16: Standard for Fire Doors and Other Opening Protectives
(10) 105—16: Standard for Smoke Door Assemblies and Other Opening Protectives
(11) 204—15: Standard for Smoke and Heat Venting
(12) 720—15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment
(13) 750—14: Standard on Water Mist Fire Protection Systems
(14) 2001—15: Standard on Clean Agent Fire Extinguishing Systems
(e) Underwriters Labratories, LLC (UL)
(1) 268-09: Smoke Detectors for Fire Alarm Systems