Bucyrus City Council Committee

Tuesday, September 14, 2021

Special Health & Safety Committee
_____PM –____PM
Health & Safety Committee Members: Mark Makeever,
Bruce Truka, James Mee and Kevin Myers, Chr.
Members Present: Mark Makeever, Bruce Truka, James Mee and Kevin Myers, Chr.

1. The special Health & Safety Committee meeting was

called by Committee members for the limited purpose of
discussing proposed Property Maintenance Legislation.

2. Public Participation-
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3. Proposed Property Maintenance Legislation -

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4. Public Participation-
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 5. ____________________asked for a motion to adjourn
the special Health & Safety Committee meeting.

Motion by_________________, 2nd by _________________.

Motion passed by voice vote.

Meeting adjourned at ____p.m.

Legislation requested:
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Property Maintenance Code

Title 100 Property Maintenance Code

Section 100 SCOPE

100.01 STANDARDS

The provisions of this title shall apply to all existing residential and nonresidential structures and
premises (hereafter referred to as Property/Premises) and constitute minimum requirements and
standards.

100.02 INTENT

Existing structures and premises that do not comply with these provisions shall be altered or repaired to
provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and
change of occupancy in existing buildings shall comply with the City of XXXXXXX Zoning Regulations, the
City of XXXXXX Building Code and the XXXXXX County Building Code.

100.03 SEVERABILITY

If a section, subsection, sentence, clause or phrase of this title is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this title. Where
in a specific case, different sections of this title specify different requirements, the most restrictive shall
govern.

100.04 DEFINITIONS.

A. Occupant, shall mean the person residing in or having use of a premises. The same person or
persons can be owner and occupant.

B. Operator shall mean any person, firm, partnership, company, corporation or association,
including employees, agents, or contractors, that controls, operates, or manages a premise(s).

C. Owner shall mean any person, firm, partnership, company, association, trust or corporation,
who alone or jointly with others, shall be in possession or have any control of any premises, or is listed
as the owner of a premises on the records of the XXXXXX County Auditor.

D. As set forth herein, any Occupant, Owner or Operator of a premise(s) cited for any violation of
this code may be personally, jointly or individually liable for all fines and costs associated with any
violation of this code.

E. Property Maintenance Officer (PMO) shall be designated as the individual(s) charged with
enforcement of all codes contained herein. The PMO shall be appointed by the _____________.

F. Board of Appeals shall be designated as the entity to hear all administrative appeals from any
citation issued pursuant to Title 100 and all subsections thereof. The Board of Appeals shall consist of
no fewer than five members. One member shall be appointed by the Mayor, One member shall be
appointed by City Council but shall not be a member of City Council, all other members shall be
nominated by the Mayor and approved by City Council. Members shall be compensated for their service
at the rate of_________________.

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SECTION 101 MAINTENANCE

101.01 RESPONSIBILITY

The owner, occupant or person in control of any premises in the City of XXXXXX shall be
responsible to maintain the structures and buildings in compliance with this title and shall not occupy or
permit another person to occupy any premises which are not in a sanitary and safe condition and which
do not comply with the requirements of this Title. Occupants of a dwelling unit are responsible for
keeping in a clean, sanitary and safe condition that part of the premises which they occupy and control.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a workmanlike manner and installed in
accordance with the manufacturer’s installation instructions.

101.02 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.

101.03 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.

101.04 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.

101.05 WEEDS

A. Except for properties exempted by paragraph C of this section, all premises and exterior property
shall be maintained free from weeds or plant growth in excess of eight (8) inches. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses and vegetation, other than trees or shrubs;
however, this term shall not include cultivated flowers and gardens.

B. Owners or agents having charge of property who fail to cut and destroy weeds after service of a
Notice of Violation, shall be subject to the filing of a Civil Citation in accordance with the provisions of
this code. Nothing in this section shall prevent the City from utilizing the nuisance provisions pertaining
to noxious weeds outlined in the Ohio Revised Code as an alternative to, or in conjunction with, the
enforcement provisions outlined in this title.

C. The following are exempted from the requirements of paragraph A:

(1) Undeveloped commercial parcels of land (land on which there are no buildings) in non-
residential zoning districts which do not abut a public roadway or any developed residential parcels of
land. The term "parcels of land" shall mean land which has been assigned an individual parcel number
by the XXXXXX County Auditor.

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 (2) Properties granted written exemption by the Property Maintenance Officer (PMO), with
the consent of the City Council, by reason of erosion control, lack of adverse effect on adjacent
properties or safety concerns in requiring mowing in areas having a slope ration of more than 3:1. No
other exemptions shall be permitted.

101.06 EXTERMINATION OF RODENTS & INSECTS

All premises shall be kept free from rodent and insect infestation. Where rodents are found, they shall
be promptly exterminated by approved processes which will not be injurious to human health. After
extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-
infestation.

101.07 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.

101.08 ACCESSORY STRUCTURES, STAIRWAYS, DECKS, PORCHES AND BALCONIES

All accessory structures, including detached garages, fences and walls, shall be maintained structurally
sound and in good repair.

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 load. The foregoing areas of every exterior stairway, deck, porch, balcony, and all
appurtenances attached thereto, shall be kept clear of hazards and debris and shall not be used as a
storage area.

101.09 HEAT SUPPLY

Every owner and operator of any building who rents, leases or lets one or more dwelling units or
sleeping units on terms, either expressed or implied, shall furnish heat to the occupants thereof. Such
required heating system shall supply heat during the period from October 1 to April 30 to maintain a
temperature of not less than 68 degrees in all habitable rooms, bathrooms, and toilet rooms.

101.10 INOPERABLE MOTOR VEHICLES

A vehicle which cannot be driven upon the public streets for reasons, including but not limited to, it
being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its
own power, shall not be parked, kept or stored on any premises, unless within a structure or enclosed
area designed and approved for the storage of vehicles. 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.

101.11 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

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be the responsibility of the owner to restore said surface to an approved state of maintenance and
repair.

SECTION 102 SWIMMING POOLS

102.01 CONDITION

Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

102.02 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, self-latching and the release mechanism shall be located on the pool side of
the gate.

SECTION 103 STRUCTURES

103.01 GENERAL MAINTENANCE REQUIREMENTS.

A. All dwelling structures and all parts thereof, both exterior and interior, shall be maintained in good
repair and shall be capable of performing the function for which such structure or part of any feature
thereof was designed or intended to be used.

B. All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be
maintained in good and safe working order.

103.02 MAINTENANCE OF FOUNDATIONS.

A. All foundations of every dwelling structure shall be maintained structurally sound and in good
repair.

B. All foundations of every dwelling structure shall be maintained in such condition as to prevent
seepage or leakage of water into the space enclosed within such foundations.

C. All openings into the foundations of every dwelling structure shall be protected against the
entrance of rodents.

D. Where parts of dwellings supported on masonry piers require substantial repair or replacement
due to sagging, settling or failure of supporting piers, the same shall be replaced with a foundation
conforming to the Residential Code of Ohio for One, Two and Three Family Dwellings ("RCO").

103.03 MAINTENANCE OF ROOFS, GUTTERS, DOWNSPOUTS AND CHIMNEYS.

A. Each roof of every dwelling structure or secondary building or appurtenant structure shall be
maintained in a weathertight condition and maintained in good repair so it is free of loose, damaged,
deteriorated or missing roofing material. All roof flashing shall be maintained in good repair.

B. All roofs of every dwelling structure or secondary building or appurtenant structure shall be
equipped with properly installed and maintained gutters and downspouts. All downspouts should be

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connected wherever possible to a public storm sewer. All downspouts shall be directed away from the
foundation of the premises. Downspouts shall not be connected and sealed to a public sanitary sewer.

C. All chimneys shall be properly maintained in plumb condition, free of loose or missing bricks,
deteriorated mortar joints and damaged, loose, or missing chimney caps.

103.04 MAINTENANCE OF EXTERIORS OF DWELLING STRUCTURES AND SECONDARY OR APPURTENANT

STRUCTURES.

A. All exterior walls of every dwelling structure shall be maintained weathertight so as to resist decay
or deterioration from any cause.

B. Any dwelling structure or secondary or appurtenant structure whose exterior surface is bare,
deteriorated, ramshackle, tumble-down, decaying, disintegrating or in poor repair shall be repaired or
razed.

(1) All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railings, soffits,
posts, sills, trim and their missing members shall be replaced and put in good condition.

(2) All replacements shall match and conform to original design or be replaced completely.

(3) All exterior wood or exterior unfinished surfaces shall be sealed and painted, or the surface
covered with other approved protective coating or treated to prevent rot and decay, and conform and
match the existing paint or surface covering and original design or replacement thereof. All exterior
walls and surfaces shall be properly protected against the weather, where such are defective or lack
weather protection, including lack of paint or surface covering, or have weathered due to lack of proper
protective covering.

C. Any dwelling structure or secondary or appurtenant structure whose exterior surface is

deteriorated, decaying, disintegrating, or whose exterior surface has weathered with dirt or grime or has
been impaired through peeling or flaking of the paint or other protective coating, shall be repaired,
repainted or resurfaced.

(1) All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or
coating.

(2) All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good
and workmanlike manner.

(3) All new or repaired bare surfaces shall be painted or coated to prevent rot and decay.

103.05 MAINTENANCE OF INTERIOR WALLS, CEILINGS AND FLOORS.

A. All interior walls, ceilings and floors of every dwelling structure shall be maintained free of holes,
large cracks and any loose, damaged or deteriorated material.

B. The floors of all bathrooms and water closet compartments shall have a cove base at all walls and
partitions. Floor surfaces and cove base shall be of nonabsorbent materials with moisture-resistant
joints.

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 C. Any hanging, damaged, deteriorated or missing interior trim or framing shall be repaired or
replaced.

103.06 EXTERIOR PROPERTY AREAS.

A. Exterior property areas of all premises shall be maintained in good condition, including, without
limitation, service walks and driveways. Asphalt driveways shall be free of cracks 1/4 inch wide or larger,
and deteriorated areas that may include multiple cracks smaller than 1/4 inch wide and/or depressions.
Concrete driveways shall be free of broken or deteriorated areas, large cracks, holes, and blocks with a
vertical separation of 1 inch or more. A proper grade and height of the surface must be maintained in all
driveways, such that the driveway may not allow the collection of standing water one half inch or
deeper, drain towards the structures on the property or toward neighboring properties, or cause
drainage problems at any property. Driveways may be required to be replaced in their entirety or in
blocks, leveled, resurfaced, crack-filled or seal coated, as applicable to the type of driveway surface and
extent of deterioration or non-compliance of a driveway's condition.

B. Exterior areas of all premises shall be kept free of any debris, objects, materials or conditions that
create a health, accident or fire hazard, or have a blighting or deteriorating influence on the
neighborhood, including, but not limited to, the following:

(1) Debris, litter and refuse that is not stored in an approved container.

(2) Dilapidated or unusable furniture, or furniture, appliances or fixtures designed for interior use.

(3) Clothing, rugs, rags, or other materials hung on lines or other places between the front setback
and the street.

(4) Lawn grass that has been allowed to grow over eight (8) inches in height.

(5) Noxious weeds and/or diseased trees.

The existence of any of the conditions stated above shall constitute a public nuisance, and may be
ordered abated or abated and fined as provided by Section 107.

C. Every dwelling entrance shall have the correct street number of such dwelling prominently
displayed so that it is clearly visible at all times from the street in front of the property. The numbers
shall be Arabic numerals, not script, and they must be at least three (3) inches high and in contrasting
colors. Such numbers shall be placed in close proximity to the main front entrance to the dwelling.

103.07 ACCESS AND EGRESS.

Every dwelling unit shall be provided with direct and approved means of access and egress to the
outside of the dwelling structure without passing through any part of any other dwelling unit. In
multiple dwellings any door which is used in connection with such means of access and egress shall be
provided with a lock which can be opened from the inside without the use of a key.

103.08 UNSAFE STRUCTURES AND EQUIPMENT

When a structure or equipment is found by the PMO to be unsafe, or when a structure is found unfit for
human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions
of this code.

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 A. Unsafe structures. 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. 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 which 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. Structure unfit for human occupancy. A structure is unfit for human occupancy
whenever the PMO finds that such structure is unsafe, unlawful or, because of the degree to which the
structure is in disrepair or lacks maintenance, vermin or rat infested, contains filth and contamination,
or lacks ventilation, illumination, unsanitary (including lack of water and sewer service) 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.

D. Unlawful structure. An unlawful structure is one found in whole or in part to be

occupied while deemed unfit for human occupancy, or was erected, altered or occupied contrary to law.

E. Dangerous structure or premises. For the purpose of this code, any structure or premises
that has any or all of the conditions or defects described below shall be considered 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 City, County or State 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 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.

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 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, because

of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the PMO
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, because of 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 PMO to be a threat to life or health.

11) Any portion of a building remaining 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.

F. Closing of vacant structures. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the PMO is authorized to post a
placard of condemnation on the premises and order the structure closed in accordance with the
provisions of Section 109 herein, so as not be an attractive nuisance. Upon failure of the owner to close
the premises within the time specified in the order, the PMO 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 or may be collected by any other legal means.

G. Authority to disconnect service utilities. The PMO shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code in case of
emergency where necessary to eliminate an immediate hazard to life or property or when such utility
connection has been made without approval. The PMO shall notify the serving utility and, whenever
possible, the owner 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 or occupant of
the building structure or service system shall be notified in writing as soon as practical thereafter.

H. Notice. Whenever the PMO 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 or the person or persons responsible for the structure
or equipment in accordance with Section 107 et seq. If the notice pertains to equipment, it shall also be
placed on the condemned equipment. The notice shall be in the form prescribed in Section 110 et seq.

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 I. Placarding. Upon failure of the owner or person responsible to comply with the notice
provisions within the time given, the PMO 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.

J. Prohibited occupancy. Any occupied structure condemned and placarded by the PMO
shall be vacated within 10 days, or in case of a danger of imminent collapse or other danger as identified
by the PMO within the time frame specified. Any person who shall occupy a placarded premises or shall
operate placarded equipment, and any owner or any 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.

K. Abatement methods. The owner, operator or occupant of a building, premises or

equipment deemed unsafe by the PMO shall abate or cause to be abated or corrected such unsafe
conditions either by repair, rehabilitation, demolition or other approved corrective action.

L. Record. The PMO shall cause a report to be filed on an unsafe condition. The report shall
state the occupancy of the structure or the nature of the unsafe condition.

M. Appeal. Any order of the PMO, under this section or any section herein, may be appealed
within 10 days of notice of the violation to City Council. City Council shall hear the appeal at its next
regularly scheduled council meeting, or if in the opinion of the PMO there is imminent danger of
collapse or harm to neighboring properties, Council may meet in special session at a time and date
agreeable to all parties.

N. Removal of Placard. Any individual that removes a placard placed by the PMO under the
authority of this section, without the approval of the PMO, shall be guilty of a misdemeanor of the
fourth degree.

103.11 EMERGENCY MEASURES

A. Imminent danger. When, in the opinion of the PMO, there is imminent danger of failure
or collapse of a building or structure which 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 PMO is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The PMO 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 PMO." 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. Temporary safeguards. Notwithstanding other provisions of this code, whenever, in

the opinion of the PMO, there is imminent danger due to an unsafe condition, the PMO 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 PMO deems necessary to meet such emergency.

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 C. Closing streets. When necessary for public safety, the PMO 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. Emergency repairs. For the purposes of this section, the PMO shall employ the necessary
labor and materials to perform the required work as expeditiously as possible.

E. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be
paid by the jurisdiction. The City Solicitor shall institute appropriate action against the owner of the
premises where the unsafe structure is or was located for the recovery of such costs, or such costs may
be levied as a lien against the real estate.

F. Hearing. Any person ordered to take emergency measures shall comply with such
order forthwith. Any affected person shall thereafter, upon petition directed to the City Clerk, be
afforded a hearing as described in Section 107.03 herein.

103.12 DEMOLITION

The PMO shall order the owner of any premises upon which is located any structure, which in the
judgment of the PMO is so deteriorated or dilapidated or has become so out of repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove at the owner’s expense; or where there
has been a cessation of normal construction of any structure for a period of more than two years, the
PMO shall order the owner to demolish and remove such structure, or board up until future repair.
Boarding the building up for future repair or demolition shall not extend beyond six months, unless
approved by the PMO, with approval by Council.

A. Notices and orders. All notices and orders shall comply with Section 107.01.

B. Failure to comply. If the owner of a premises fails to comply with a demolition order
within the time prescribed, the PMO 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.

C. Salvage materials. When 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 at the highest price obtainable. 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 remain to be
turned over, the report shall so state.

SECTION 104

RUBBISH & WASTE CONTROL

104.01 ACCUMULATION OF RUBBISH OR GARBAGE

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 All exterior property and premises, and the interior of every structure, carport, deck, and patio shall be
free from any accumulation of rubbish, garbage or waste.

104.02 DISPOSAL OF RUBBISH

Every occupant of a structure or premises shall dispose of all rubbish, garbage or waste in a clean and
sanitary manner by placing such rubbish, garbage or waste in approved containers and arranging for its
removal from the premises within a reasonable time, but in any case, no longer than one week.

104.03 REFRIGERATORS

Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on
premises without first removing the doors.

104.04 DISPOSAL OF GARBAGE

Every occupant of a structure or premises shall dispose of garbage, waste and rubbish in a clean and
sanitary manner by placing it in an approved garbage disposal facility or approved garbage containers.

Any person owning, in possession of, or in control of such structure on premises shall remove all matter
described in this section within 3 days after written notification has been made by the PMO or
designated assistant. The notice required hereunder shall be deemed complete upon delivery:

1) To the owner or person in possession or control personally.

2) To the owner by mail addressed to him at his last known address.

3) To any tenant when the address of the owner is unknown.

4) Upon the posting of notice upon any vacant premises when the address of the owner is
unknown.

5) Upon the failure of any such person to comply with the order of the PMO, the City shall,
have the right to go upon the property of such person and remove all matter the subject of such
order; and in such event such person shall pay to the City, within 10 days after receipt of notice
of amount thereof, its costs of such removal and shall remain nonetheless amenable to fine and
assessment for noncompliance with this section. Failure to pay the assessed costs, shall result in
such costs being assessed against the real estate or subjected to civil penalties as set forth in
Section 107 herein.

SECTION 105 ENFORCEMENT

105.01 POLICY-MAKING AUTHORITY

The PMO and any or all inspectors assigned by him shall enforce the provisions of this code. The PMO
shall have authority to adopt and promulgate policies necessary to the enforcement of this code and to
appoint inspection agencies and inspectors with the advice and consent of the Council of the City of
XXXXXX, Ohio. The PMO shall have authority to interpret this code.

105.02 INSPECTION

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The PMO shall cause all of the required inspections to be made and shall accept reports of inspection by
approved agencies or individuals. All reports of any inspections shall be in writing.

105.03 RIGHT OF ENTRY

Upon receipt of a written complaint from a resident of the City, the PMO and his assigns, with the
consent of the owner, occupant, apparent owner, tenant or where otherwise permitted by law, are
authorized to enter the structure or premises at reasonable times for inspection purposes. In the event
entry to the premises is not granted, the PMO is hereby authorized to apply to a court of competent
jurisdiction for a warrant to allow entry for inspection.

SECTION 106 DUTIES OF THE PROPERTY MAINTENANCE INSPECTOR

106.04 IDENTIFICATION

The PMO and inspectors shall carry proper identification when inspecting structures or premises in the
performance of duties under this code.

106.05 NOTICES AND ORDERS

The PMO shall issue all necessary notices or orders to ensure compliance with this code.

106.06 RECORDS

The PMO shall keep official records of all business and activities which relate to this code.

SECTION 107 VIOLATIONS & NOTICES

107.01 Notice of Civil Offense and Civil Fine; Procedures.

A. The PMO charged with enforcement of the XXXXXXX Municipal Code may issue a notice of civil
offense and civil fine to a person or entity found to have committed a civil offense.

B. A notice of civil offense and civil fine must advise the person served: (1)Unless a written answer
is filed or the civil fine paid within 168 hours that the fine will double; (2)That a hearing will be held if
requested; (3)That failure to appear at a requested hearing will be considered an admission of the civil
offense; (4)That all available collection remedies and costs of collection will be pursued in the event the
civil fine and delinquent charges are not timely paid; and (5)That the civil fine otherwise due may be
reduced if the notice is for an offense that is subject to reduction if the offense is corrected.

C. A notice of civil offense and civil fine: (1)Must identify the person or entity being charged if
known to the PMO; (2)Indicate the offense charged, the civil fine for the offense, and the date, time and
location of the offense charged; (3)Be signed and attested by the PMO; (4)If the person charged is
present, the PMO may personally serve the person charged with a copy of the notice.

D. Except as otherwise provided in section (E), the PMO must serve notice by either: (1) Serving
notice by personal service, or certified mail upon the owner as listed by the XXXXXX County Auditor, or
the responsible party as required by registration pursuant to Section 109 herein, or if either option is
unavailable by (2)Constructively serving the person charged with a copy of the notice by posting a copy
of the notice in a conspicuous location on the real property, if the person being charged is not present,
and the notice involves an offense which occurred on or immediately adjacent to real property owned,

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occupied, or controlled by the person charged;(2)Post a copy of the notice on the real property to which
it relates, if the identity of the person responsible for the offense is not known to the issuing officer and
the offense relates to real property;(3)Post a copy of the notice on the motor vehicle to which it relates,
if the identity of the person responsible for the offense is not known to the issuing officer and the
offense relates to a motor vehicle. Any posted notice under this section shall be posted by a placard or
sign posted in a conspicuous place for a period of not less than ten days.

In all cases where a notice is not personally served or served by certified mail, the notice must be mailed
to the person charged after the identity of that person is determined.

E. Notwithstanding the service provisions set forth in subsection (D) related to violations that
occur on real property, notices for any subsequent violation of any Section herein may be served on the
person charged by any of the following methods:(1)Any of the methods set forth in subsection (D),
or(2)Regular mail to the mailing or owner addresses of the property owner, as indicated in the public
record of the XXXXXX County Auditor or as provided in the registration documents contained in Section
109 herein.

F. The original of a notice of civil offense and civil fine issued pursuant to this Section or a true
copy of it is a record kept in the ordinary course of business of the City of XXXXXX and is prima-facie
evidence of the facts it contains.

107.02 Answer to Notice of Civil Offense.

A. A person served with a notice charging a civil offense may answer the charge by personal
appearance before the hearing examiner or by mail. An answer must be made within fourteen days of
receipt of the notice by the person charged or the date with which notice was posted to the premises if
personal service was unsuccessful, or such other time as specified on the notice which may not be less
than fourteen days after service. The answer may:(1)Admit that the person committed the offense by
payment of the civil fine specified in the notice;(2)Admit the facts set forth in the notice and offer an
explanation of the circumstances;(3)Admit that the person committed the offense and, for those
offenses that provide for a reduction in civil fine on proof of correction, offer proof that the person has
corrected the offense;(4)Deny that the person committed the offense and request a hearing. If the
person desires the presence at the hearing of the PMO, inspector or other authorized individual who
issued the notice, the person must request same in his or her answer; or(5)If the person served has
taken an administrative appeal authorized by the City of XXXXXX Code from an order on which the
offense was based, the person may request that the time for answering the notice of civil offense be
continued until the appeal has been finally resolved.

B.

(1) A person who admits the commission of the offense for which a notice was issued must pay the
civil fine arising out of the offense to the City Clerk.

(2) A person who admits the facts set forth in a notice of civil offense with an explanation may offer
an explanation of the circumstances to the Appeals Board.

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(3) A person who admits the commission of the offense with an offer of proof of correction, may
offer proof that the person has corrected the offense and seek a reduction of the fines and costs before
the Appeals Board.

107.03 Hearings.

A person may request a hearing before the Appeals Board to contest the commission of a civil offense,
to offer an explanation of the circumstances, or to offer proof of correction. The request shall be filed
with the City Clerk which shall set a date for the hearing and notify the person, in writing, of the date,
time and location of the hearing. The Appeals Board shall conduct a public hearing on all civil violations
whenever the person charged requests a hearing. The hearing shall be held within ten days after the
filing of the request, unless the delay is agreed to by the person charged and by the PMO or employee
who issued the charge or is necessary in the interest of justice.

The Appeals Board shall enter into the record of the proceedings the notice of civil offense and civil fine,
the filing of or failure to file an answer, the substance of the answer, a finding of liability, the civil fine
due, payments, delinquency and collection charges, and other relevant information. The Appeals Board
shall not have the authority to extend the time for compliance with any provision of this code for more
than 60 days.

At the hearing, all testimony shall be under oath. The person charged may:

(1)Present positions, arguments, and contentions;(2)Offer and examine witnesses and present evidence
in support;(3)Cross-examine witnesses;(4)Offer evidence to refute evidence and testimony offered in
opposition; and(5)Proffer any such evidence into the record, if the admission of it is denied by the
Appeals Board.

The Appeals Board shall issue a decision and make findings of fact from the record and conclusions of
law in support of the decision within ten days from the close of the hearing. The findings and
conclusions shall demonstrate that the decision is consistent with applicable laws, ordinances and
regulations and the interests of justice. Any unpaid civil fine is due and must be paid within ten days
after the determination of the Appeals Board, or the fine is deemed delinquent.

If the person served has taken an administrative appeal authorized by the City of XXXXX Code from an
order on which the offense was based, the hearing examiner must extend the time for answering the
notice of civil offense until the appeal has been finally resolved. The accrual of any fines or costs shall be
stayed during the pendency of an appeal.

107.04 Correction of Violation.

A person charged with a violation of the City of XXXXXX Code and served with a notice of civil offense
and civil fine specified as subject to reduction for correction of the violation may offer proof of
correction to the Appeals Board. The offer of proof of correction may be submitted in person or, to
avoid the necessity of personal appearance, may be submitted as affidavits and other documentary
evidence, by mail. The Appeals Board who receives an answer with an offer of proof of correction shall
verify whether the violation has been corrected by inquiry to the PMO which issued the notice.

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On being satisfied that the offense has been corrected, the Appeals Board may reduce the otherwise
applicable civil fine by 50% for any first offense by an owner or occupant. If the civil fine is eliminated or
reduced and the person previously paid the civil fine, the amount paid in excess of the revised civil fine
shall be returned to the person; if the civil fine is reduced and the person has not previously paid the
civil fine, the person must pay only the amount of the civil fine as reduced. An unpaid civil fine is due
and must be paid within ten days after the determination of the examiner, or the fine is deemed
delinquent.

107.05 Default.

If a person who is personally or constructively served with a notice of civil offense and civil fine fails to
answer within the time provided herein, or fails to attend a requested hearing, the person is in default,
and the civil fine deemed delinquent. The amount due is as specified by Section xxxx.

107.06 Request to Set Aside Default and Delinquency Charges.

A person subject to a civil fine entered after default may request to have the default set aside. The
Appeals Board may set aside a default on a showing that the person had no actual knowledge of the
notice of civil offense and civil fine or that the default should be excused in the interest of justice. A
default may only be set aside, if proof of correction of the violation is submitted with the request to set
aside the default judgement.

107.07 Appeals of Hearing Examiner's Decisions.

Appeals Board decisions are considered final orders for purposes of appeals to the XXXXXX County Court
of Common Pleas and may be taken as allowed by Ohio Revised Code.

107.08 Civil Proceedings.

Whenever an officer charged with the enforcement of the City of XXXXXX Code is satisfied that a
provision that officer is charged to enforce, or a law in force in the City applicable to the same subject
matter, has been violated or is about to be violated, or that an order or direction made in pursuance of
the enforcement of this Code has not been complied with, or is being disregarded, and whenever that
officer is satisfied that civil proceedings are necessary for the enforcement of the City of XXXXXX Code or
laws, to restrain or correct the violations thereof, that officer may apply to the city solicitor, who is
authorized to institute civil proceedings. Civil proceedings may be brought in the name of the city, and
may include claims for injunction, mandatory relief, restraining orders, damages, the appointment of a
receiver, and such other relief as may be allowed in law or equity. Institution of civil proceedings does
not exclude criminal proceedings as may be authorized by the City of XXXXXX Code, Ohio Revised Code
or charging a person with a civil offense as authorized by this Title.

107.09 Freedom from Improper Influence.

No member of council, member of the city administration, party to any proceedings before a hearing
examiner, or any other person shall interfere with, attempt to interfere with, or improperly influence or
attempt to improperly influence the Appeals Board in the performance of the duties of office.

An Appeals Board member may not conduct or participate in any hearing or decision in which the
Appeals Board member or any of the following persons has a direct or substantial financial interest: a

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spouse, brother, sister, child, parent, or in-law of the member, or business firm or organization in which
the member has a substantial interest. The member shall promptly report to the City Solicitor (City
Manager) any attempt at interference or improper influence or any actual or potential conflict prior to
such hearing.

Wherever it may be shown to the satisfaction of the City Solicitor that a member was subjected to
improper influence, interference or interest, such improper influence, interference or interest shall be
grounds for vacating any decision made by the examiner in such proceedings.

107.10 Ex Parte Communications Prohibited.

A person may not communicate with an Appeals Board member to influence a decision in a matter
pending before the Appeals Board other than at a public hearing or in a writing that is made a part of
the record of the proceeding. This provision shall not prohibit communication between a member and
any member of the administration assigned to assist or give legal counsel to the member in the pending
proceeding. Violation of this Section is a misdemeanor of the first degree.

107.11 Administrative Regulations.

The City Administrator may adopt administrative regulations for the conduct of hearings and for the
enforcement of the City of XXXXXX Code through the issuance of notices of civil offenses.

107.12 Fee Schedule for Filing of Appeals

The City's Appeals Board is authorized to generate a fee schedule associated with the filing of appeals,
which fee schedule shall contain a provision permitting the Appeals Board to waive fees in the case of
indigency and where justice otherwise requires, and which fee shall not exceed the amount necessary to
recover the cost of an appeal brought before the Appeals Board.

107.99 VIOLATION PENALTIES

Any Owner, occupant or other person in control of a property who violates a provision of this code shall
be issued a Civil Citation in the following amounts:

a) In the amount of one hundred dollars ($100.00) on the first offense;

b) In the amount of two hundred fifty dollars ($250.00) for the second offense;

c) In the amount of five hundred dollars ($500.00) for the third offense.

The above fines are cumulative and each day that a violation continues after the date for remediating
the violation has passed shall be deemed a separate offense.

In addition to the above penalties, the City of XXXXXX will charge an administrative fee for the
processing of all civil citations. The administrative fee shall be $75.00.

109 Abandoned or Foreclosed Property Registration

109.01 Legislative Findings.

It is hereby found and determined that vacant, abandoned, or foreclosed properties pose a danger to
the public health, safety and welfare. Vacant, abandoned or foreclosed properties also quickly diminish

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in value and are at greater risk for becoming unsecured, vandalized and hazardous. Several studies have
demonstrated that vacant, abandoned or foreclosed properties can quickly become blighted properties,
and foreclosed residential properties are at greater risk of becoming vacant and abandoned properties
than other properties in the City. Locating the person in control of the property or responsible for the
care and maintenance of the property is often an impossible task, mired in disputes between the
mortgagee, mortgagor, servicer, and subservicer. Accordingly, citations for property maintenance are
routinely ignored at these properties, placing properties at increased risk for becoming unsecured,
vandalized, and hazardous.

The proliferation of vacant, abandoned or foreclosed properties and the failure to maintain and monitor
these properties has caused their value to diminish, their condition to deteriorate, and blight to flourish.
As a result, these properties are structurally compromised, provide havens for criminal activity;
jeopardize the safety of neighborhoods; pose dangerous risks to the City's firefighters, police officers,
and code enforcement officials; deplete already scarce City resources; diminish surrounding property
values throughout the City; undermine the City's ability to enforce its criminal laws; and interfere with
the City's duty to protect its citizens from unsafe and harmful conditions and to protect vacant,
abandoned or foreclosed properties from further degradation.

The purpose of this chapter is to ensure that vacant, abandoned or foreclosed properties are protected
and maintained and that City officials are alerted to the location of these vulnerable properties. This
chapter is enacted in order to protect blighted foreclosed properties and prevent their further
degradation, as well as to address the problem of blight and the threat to the public health, safety and
welfare that can result from unmonitored vacant, abandoned or foreclosed properties.

109.02 Definitions.

A. For the purposes of this chapter, words and phrases shall have their ordinary meaning unless
defined in the following sections or in the preceding chapters of Title XI.

B. City Solicitor.

"City Solicitor" shall mean the City solicitor of the City of XXXXXX or his or her designee.

C. Foreclosed.

"Foreclosed" shall mean a property upon which a mortgagee has filed an action in foreclosure in order
to recover monies pursuant to a mortgage agreement which has been secured by a lien on property.

D. Mortgagee.

"Mortgagee" shall mean any party to a mortgage agreement whose interest in that agreement is
secured by a lien on residential property who has filed an action in foreclosure on the particular
premises at issue. For the purposes of this Code, the party shall be considered the mortgagee until title
to the premises is transferred to a bona fide owner-occupant or unaffiliated third-party.

E. Person in Control.

"Person in control" shall mean the person, persons, or entity holding title to the freehold estate of the
premises; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person,
public or private entity, lessee or holder of a lesser estate in the premises, and/or its duly authorized

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agent(s), with the authority to bring a building or premises into compliance with the provisions of this
code, including, but not limited to any mortgagee that has filed an action in foreclosure on the particular
premises at issue, until title to the premises is transferred to a third party.

F. Residential Property.

"Residential property" shall mean parcel of land within the corporate limits of the City of XXXXXX which
contains a dwelling or structure that provides living accommodations for persons.

G. Vacant.

"Vacant" shall mean unoccupied or without authorized human inhabitants.

H. Vacant, Abandoned or Foreclosed Property Registration Form.

"Vacant, abandoned or foreclosed property registration form" shall mean a form publicly available from
the PMO that mortgagees subject to the requirements of this chapter must complete and submit as
specified in this section.

109.03 Registration of Vacant, Abandoned or Foreclosed Residential Property.

A. Within ten (10) business days of filing a foreclosure action on residential property that is vacant
at the time of filing, the mortgagee shall submit a vacant, abandoned or foreclosed property registration
form for the property to the City PMO.

A mortgagee is not required to submit the vacant, abandoned or foreclosed registration form if the
residential property is not vacant on the date of the filing of a foreclosure action on the property.
However, if the residential property becomes vacant at any point during the foreclosure process, the
mortgagee shall submit a vacant, abandoned or foreclosed property registration form regarding the
property to the City PMO within ten (10) business days of the vacancy.

The vacant, foreclosed property registration form shall contain the following information:

(1)Description of the residential property, including, but not limited to, the street address and parcel
identification number;

(2)The name, street address, and telephone number of a natural person, 18 years of age or older, or a
business entity registered with the Ohio Secretary of State designated by the mortgagee as an
authorized agent for receiving notices of code violations and for receiving process in any court
proceeding or administrative enforcement proceeding on behalf of the mortgagee in connection with
enforcement of this chapter, and this person or entity must maintain an office in Ohio or must actually
reside in Ohio; and

(3)The mortgagee shall pay the initial registration fee listed herein or, if the mortgagee meets the
exemption requirements, the mortgagee shall pay the exception fee listed.

B. The mortgagee shall notify the City PMO within ten (10) business days of any change of
information on the foreclosed property registration form. The vacant, abandoned or foreclosed property
registration form shall be maintained with accurate information until the property is transferred to a

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bona fide owner-occupant, or an unaffiliated third party. The mortgagee shall notify PMO in writing
when the property is transferred to a bona fide owner-occupant or an unaffiliated third party, or the
property is reoccupied, so the property may be promptly removed from the registry.

C. On an annual basis, the mortgagee shall pay the annual registration fee listed herein or, if the
mortgagee meets the exemption requirements, the mortgagee shall pay the exemption fee.

109.04 Fees.

Mortgagees shall pay any required fees until the property is transferred to a bona fide owner-occupant
or an unaffiliated third-party. The fees for the various requirements under this chapter are as follows:

(1) Initial registration fee $500

(2) Annual registration fee $500 per year for each year the property has been vacant. The
maximum annual registration fee shall be $2,500.00. The annual filing fee is due and payable each year
the property remains, vacant, abandoned or foreclosed on the date on which the original filing was
made.

(3) Exemption fee $50

All fees shall be directed to a special fund designated only for use in administering and operating the
registry program. The fee is non-refundable and cannot be prorated.

109.05 Maintenance Obligations of Mortgagees.

During the period that the property is registered, the mortgagee shall have the obligations set forth in
this section.

A. Vacant, foreclosed property shall be maintained free of all outward appearances of foreclosure and
vacancy during the registration period including:(1)No signs or placards on the exterior of the building or
in the windows indicating that the property is vacant or foreclosed;(2)Grass shall be no higher than 8
inches at any time and all noxious weeds shall be removed;(3)The premises shall be maintained free of
debris and litter;(4)The premises shall remain secure and locked. Broken windows and doors which are
visible from the right-of-way may be covered with plywood or similar boarding material on an
emergency basis, but for no more than ten (10) business days, while arrangements are being made to
replace broken glass or broken parts of the existing windows and doors. Broken windows and doors on
the rear or sides of the building may be boarded until the windows and doors are repaired for re-
occupancy provided that the boarded openings are not visible from public right-of-way, but in no
instance shall they be boarded for more than 30 days;(5)Windows and doors which are visible from the
right-of-way may not be boarded and shall be maintained in good repair;(6)Handbills, circulars, and
advertisements shall be removed from porches and yards in a timely manner; and(7)Standing water on
the premises, including but not limited to standing water in swimming pools, shall be eliminated.

B. All other maintenance requirements and penalties in Title 100 related to vacant, foreclosed
residential properties are in addition to, and shall not be considered in conflict with, any and all other
property maintenance requirements of City Code. Nothing within this chapter shall be construed to limit
the responsibilities of persons in control to comply with and adhere to any and all building, housing,

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health, and zoning ordinances established by the city. Nothing within this chapter shall be construed to
limit or conflict with the responsibilities of persons in control to comply with and adhere to any and all
state and federal laws.

109.06 Penalties.

A. Failure to register a vacant, foreclosed property shall constitute a civil offense on the first day, and
having once been notified as required by Section xxxxxxx, each additional day that the property remains
unregistered shall constitute a separate, subsequent civil offense as set forth in Section 107.99.

B. Failure to maintain accurate information once having registered shall constitute a civil offense on the
first day, and having once been notified under Section xxxxxx each additional day that the information
remains inaccurate shall constitute a separate, subsequent civil offense as set forth in Section 107.99.

C. Failure to maintain the property in accordance with the maintenance provisions contained in Title 100
shall constitute a civil offense on the first day, and having once been notified under Section xxxxxx, each
additional day that the property fails to meet the maintenance provisions shall constitute a separate,
subsequent civil offense.

D. Any civil fines collected for violations of Section 109 shall be deposited into the Hazard Abatement
Fund/Fund for use in administering and operating the registry program and abatement activity.

109.07 Exemptions.

With the approval of the PMO, a mortgagee may install and maintain a working burglar and fire alarm
system and have an active account with a third-party alarm company. The burglar alarm system shall
connect to all areas of the building subject to unauthorized human entry, including, but not limited to,
all exterior doors, windows or other readily accessible openings. The burglar alarm system shall, upon
detecting unauthorized entry or fire, send an automatic signal to a burglar alarm company that has
twenty-four hour live operators who will monitor the system and telephone the mortgagee of the
unauthorized entry or fire, and who will also telephone the police department or fire department as
applicable, if there is no adequate response from the mortgagee. If the mortgagee complies with this
section, the mortgagee shall pay the exemption fee in Section 109.04 and be exempt from the following:

A. The initial registration fees as listed and a 50% reduction in any annual registration fee; and

B. The point of sale requirements in contained herein provided that the mortgagee arranges for an
inspection of the premises by the PMO and there must be a finding by the PMO that the property does
not have any code violations, or if code violations exist, the mortgagee fixes the code violations within
thirty (30) calendar days.

C. This exemption shall not alleviate the need of the mortgagee or person in control from complying
with all other aspects of Title 100.

109.08 Point of Sale Inspections on Vacant, Abandoned or Foreclosed Properties.

A. Point of sale inspections are hereby authorized on all properties that are subject to the vacant,
abandoned or foreclosed property registration. Mortgagees or sellers shall arrange to have all properties
subject to the requirements of this chapter inspected by the PMO official within five (5) business days of
filing for the property to be sold at a judicial sale or sold to any other entity. If the mortgagee or seller

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fails to arrange an inspection, the property shall be inspected by the PMO pursuant to Ohio Revised
Code § 2329.17(B) prior to the property being sold at a judicial sale or any sale to a third party, or
pursuant to a search warrant issued by a court of competent jurisdiction.

B. If, as a result of the above inspection, the PMO determines that health code violations, housing code
violations, hazards, or structural defects exist on the property, the PMO shall provide written notice via
certified mail or personal delivery to the mortgagee or the mortgagee's agent, or seller as designated on
the foreclosed vacant property registration form, the owner of record, and any equitable lien holders,
informing the parties of the following:(1)The need to repair and correct the violations, hazards, or
structural defects prior to the sale;(2)If the property is not brought into compliance within thirty (30)
calendar days of the issuance of the notice of violation, the PMO may correct or cause to be repaired
some or all of the violations;(3)If the PMO corrects or repairs some or all of the violations, the PMO shall
notify the City solicitor and the City solicitor shall promptly place a priority lien on the property for the
total cost of abating the violations. The City solicitor shall collect the priority lien from the proceeds of
the judicial sale of the property, or upon any subsequent sale of the property, or by the methods
provided in ORC § 715.261. When notice is given as provided for in this section, the lien shall be a
priority over liens of prior record and the lien will be effective on the date the City incurs the costs of
repairs as provided in ORC § 715.26(B).

C. The mortgagee may post a bond in an amount equal to the cost of abatement of the code violations
which may include repair or demolition. The mortgagee must submit to the PMO written cost estimates
by contractors registered with the City for abating the violations. The PMO will establish the bond
amount based upon the submitted cost estimates. Upon successful submission of the bond, the
mortgagee shall be exempt from the requirements of Section 109.08. The PMO may extend the
compliance date up to 90 days if a bond is posted. An additional 90 days may be extended in writing by
the PMO if good cause or diligence in abating the violations is demonstrated. If the violations are not
abated in conformance with the terms of this section, the bond will be forfeited and the PMO shall
cause the violations to be abated with the proceeds of the forfeiture.

D. This section shall not apply to sales conducted pursuant to any County tax foreclosure.

109.09 Joint and Several Liability.

Any owner of property, person in control of property, or subsequent owner of property for which a
notice of violation is issued under Title 100 to correct health or building code violations shall be jointly
and severally liable for the costs incurred by the city for the abatement of violations on the property.
Joint and several liability shall be attributed to each entity in the chain of title from the date of issuance
of orders forward.

109.10 Severability.

Should any provision, section, paragraph, sentence, or word of this section be determined or declared
invalid by any final court action or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences or words of this section shall remain in full force and effect.

SECTION 110

FORMS

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110.01 - CITIZEN’S COMPLAINT AS TO UNSANITARY/UNSAFE CONDITION

TO: CODE ENFORCEMENT OFFICIAL - CITY OF XXXXXX

Address

City, State zip

RE: Property at: _______________________________

OWNER OR OCCUPANT’S NAME: __________________________________________

STATEMENT OF COMPLAINT:

The undersigned resides in the City of XXXXXX at _______________________________.

(Address)

The occupant/owner of the property at ___________________________ is:

() Keeping a dog or dogs at the above property causing a nuisance, annoyance or

disturbance by loud, frequent, or habitual howling, yelping, barking or other noises

() Keeping dogs/cats in unsanitary conditions at the above property causing offensive

and unwholesome odors

() Failing to maintain the property in a clean, sanitary and safe condition in violation of
Section 301.01, specifically:

() Section 101.02 - Sanitation

() Section 101.03 – Grading and Drainage

() Section 101.04 - Sidewalks and driveways

() Section 101.05 - Weeds, grass and plant growth

() Section 101.06 - Rodents and insects

() Section 101.11 - Inoperable motor vehicles

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 () Section 102 - Swimming pools

() Section 103 – General Maintenance: Specify_______________________

___________________________________________________________

() Other ______________________________________________________

____________________________________

(Signature)

____________________________________ _______________

(Printed Name) DATE

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110.02 - NOTICE OF VIOLATION

(Pursuant to Section 107.01, City of XXXXXX Revised Code of Ordinances)

TO: _______________________________, Owner/Occupant

_______________________________

(Mailing Address)

RE: Property at: _______________________________

_______________________________

PROPERTY DESCRIPTION: ________________________________________________

(Residential, Commercial, Vacant Land, Apartment Bldg.)

STATEMENT OF VIOLATION: ________________________________________________

(With code references)

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

CORRECTIVE ACTION TO BE TAKEN: __________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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DEADLINE FOR COMPLETION OF CORRECTIVE ACTION: ________________________

____________________________________

Property Maintenance Officer DATE

CERTIFICATE OF SERVICE

I certify that this Notice of Violation was served upon ____________________________

(Owner)

by (certified mail, first class mail, hand delivery, posting at the subject property) on

_______________________, 20___. (Posting should be used only after other methods of service

have failed.)

____________________________________

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110.03 - CIVIL CITATION

TO: _______________________________, Owner

_______________________________

(Mailing Address)

RE: Property at: _______________________________

_______________________________

PROPERTY DESCRIPTION: ________________________________________________

(Residential, Commercial, Vacant Land, Apartment Bldg.)

STATEMENT OF VIOLATION: You are hereby advised that by inspection of your property at
___________________________ on _______________, 20_____ at __________ PM/AM, you were
found to be in violation of Section __________ of the City of XXXXXX Property Maintenance Code for
___________________________________________________________;

(specific nature of violation)

that notice of the violation was served upon you on ____________________; that the deadline given to
you in that notice (copy attached) has passed and that you have failed to complete the required
corrective action. IF YOU AS AN OWNER HAVE BEEN SERVED AND DETERMINED TO HAVE VIOLATED THE
SAME ABOVE-REFERENCED CITED SECTION OF THE CITY OF XXXXXX PROPERTY MAINTENANCE CODE
WITH THE PREVIOUS TWELVE (12) MONTHS, THEN THE PENALTIES REFERENCED IN § 107.99 BEGIN TO
IMMEDIATELY ACCRUE UPON SERVICE OF THIS 2ND CITATION.

In accordance with Sections 107.01 of the City Property Maintenance Code, you are hereby
advised and charged with the following penalties unless you file a written Answer within fourteen (14)
days of service of this citation assuming you as an owner have not violated the same-referenced cited
section of the City of XXXXXX Property Maintenance Code within the previous twelve (12) months:

A. For each day subsequent the expiration of fourteen (14) days after service of this citation that you
fail to complete the required corrective action, you are charged the following fines which are
cumulative:

$ 100.00 for the first offense

$ 250.00 for the second offense

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 $ 500.00 for the third offense and each subsequent offense

Each day that the condition exists after the imposition of the fine shall constitute a separate offense and
incur the fine amount as set forth herein.

IF YOU AS AN OWNER HAVE BEEN SERVED AND DETERMINED TO HAVE VIOLATED THE SAME ABOVE-
REFERENCED CITED SECTION OF THE CITY OF XXXXXX PROPERTY MAINTENANCE CODE

WITH THE PREVIOUS TWELVE (12) MONTHS, THEN THE PENALTIES REFERENCED IN § 107.99 BEGIN TO
IMMEDIATELY ACCRUE UPON SERVICE OF THIS 2ND CITATION.

B These fines may be certified to the XXXXXXX County Auditor’s Office in September of each year
as assessments and will be added to your real estate tax bill as a lien against the subject property.

C. The City of XXXXXX may pursue collection of these fines in any civil court of competent jurisdiction
as provided for by Ohio Revised Code.

The City Solicitor may accept title to real property from any person liable for demolition, repair
costs, or civil fines under this code in whole or partial settlement of that liability on being advised by the
City Administrator that the property can be used for municipal purposes or that the city can cause the
property to be rehabilitated or redeveloped if title is acquired.

D. Occupancy and use of the premises may be prohibited.

In order to avoid assessment of a fine, your written Answer to this citation must be filed with the
Office of the Clerk of the City of XXXXXX at XXXXXX. Your Answer may be delivered in person or by mail
to the City Clerk’s Office. IF YOU AS AN OWNER HAVE BEEN SERVED AND DETERMINED TO HAVE BEEN
SERVED AND DETERMINED TO HAVE VIOLATED THE SAME ABOVE-REFERENCED CITED SECTION OF THE
CITY OF XXXXXX PROPERTY MAINTENANCE CODE WITH THE PREVIOUS TWELVE (12) MONTHS, THEN IN
ORDER TO AVOID ASSESSMENT OF THE FINES AND PENALITES REFERENCED IN § 107.99, YOU MUST FILE
A WRITTEN REQUEST WITH THE CITY CLERK WITHIN FOURTEEN DAYS FROM THE DATE OF SERVICE OF
THIS CITATION FOR A HEARING TO OCCUR BEFORE THE APPEALS BOARD NOT LESS THAN TEN DAYS
FROM THE DATE OF SERVICE OF THIS CITATION.

If this is an owner’s first notice of violation as to this particular section within the past twelve
months, your Answer may be made in the following manners:

A. By completing the required corrective action within fourteen (14) days of service of this citation
upon you and notifying the Clerk in writing.

B. By completing the required corrective action and paying the fine if the corrective action is not
completed within fourteen (14) days of service of this citation upon you.

C. By requesting an extension of time in writing with a specific timetable for completion of the
required corrective action.

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D. By filing an express written denial of some or all of the cited violations with the City Clerk’s Office,
XXXXXX.

E. Failure to file an Answer constitutes an admission of violation.

If your Answer is a denial, the matter shall be set for a hearing before the Appeals Board.

____________________________________

Maintenance Code Enforcer

CERTIFICATE OF SERVICE

I certify that this Citation was served upon _____________________________________

(Owner)

by (certified mail, first class mail, hand delivery, publication pursuant to the Ohio Rules of Civil
Procedure) on _______________, 20___.

____________________________________

Property Maintenance Officer DATE

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