CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Property Maintenance Code of Green Township, hereinafter referred to as “this code”, as authorized by Ohio Revised Code Section 505.73.
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises and structures for sanitation and protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do no comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all different matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures, and premises.
102.3 Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Hamilton County Building Code, the Hamilton County Zoning Resolution as applicable, and the Northeast Green Township Zoning Resolution as applicable. Nothing in this code shall be construed to cancel, modify or set aside any provision of the above-referenced codes.
102.4 Existing Remedies. The provisions of this code shall not be construed to abolish or impair existing remedies of GreenTownship relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary or those remedies relating to abatement, control or removal of vegetation, garbage, or refuse and other debris from land in GreenTownship if it constitutes a nuisance.
102.5 Workmanship. 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.
102.6 Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare.
102.7 Reserved.
102.8 Requirements Not Covered by the Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
SECTION 103
DEPARTMENT OF PUBLIC SERVICES
103.1 General. The Green Township Police Department and the Green Township Department of Public Services shall be responsible for the enforcement and application of this code. The Green Township Director of Public Services and the Green Township Police Officer Troy Biggs shall each be known as the code official.
103.2 Inspectors. The code official shall assign inspectors serving in the Department of Public Services as he deems necessary to perform the duties required by this code. These inspectors shall report to the Director of the Department of Public Services.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official shall enforce the provisions of this code.
104.2 Rule-Making Authority. The code official shall have the authority, with the advice and consent of the Green Township Board of Trustees, as necessary in the interest of the public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the affect of waiving structural requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion, with the advice and consent of the Green Township Board of Trustees, as deemed necessary to report upon unusual technical issues that arise.
104.4 Right of Entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.
104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
104.6 Notice and Orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.
104.7 Department Records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by regulations.
104.8 Discretion on Dealing with Violations. The code official shall have the discretion to determine whether to issue a violator a citation to Hamilton County Municipal Court to answer a minor misdemeanor charge or to initiate a civil suit against the violator as provided hereafter.
SECTION 105
APPROVAL
105.1 Modifications. 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, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
105.2 Alternative Materials, Methods, and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material 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, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
105.3 Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require to have tests to be made as evidence of compliance at no expense to Green Township.
105.3.1 Test Method. 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 codeofficial shall be permitted to approve appropriate testing procedures performed by anappropriate agency.
105.3.2 Test Reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
105.4 Material and Equipment Reuse. Materials, equipment, and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
SECTION 106
VIOLATIONS
106.1 Unlawful acts. Pursuant to Revised Code Section 505.74, it shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. Each day of continued violation constitutes a separate offense.
106.2 Notice of Violation. The code official shall serve a notice of violation to all persons or entities found to be in conflict with or in violation of any of the provisions of this code.
106.3 Prosecution of Violation. Any person failing to comply with a notice of violation served in accordance with Section 107 shall be deemed guilty of a minor misdemeanor and issued a citation to appear in Hamilton County Municipal Court, or shall be deemed guilty of a civil infraction as determined by the code official, 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 structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Costs incurred by GreenTownship in connection with enforcement of this code shall be charged against the real estate upon which the structure is located and shall be certified to the Hamilton County Auditor and included on the next real estate tax bill as a lien upon such real estate.
106.4 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Green Township Board of Trustees through its legal officer from instituting appropriate action to restrain, correct or abate a violation, or 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.
106.5 Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
SECTION 107
NOTICE OF VIOLATION
107.1 Notice of Violation. The code official shall serve a Notice of Violation (hereinafter referred to as "Notice" or "Notice of Violation") to all persons or entities found to be in conflict with or in violation of any of the provisions of this code. Additional written notices may be sent at the code official’s discretion.
107.2 Form of Notice of Violation. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in accordance with all of the following:
1. The Notice shall be in writing;
2. The Notice shall be sent to the person or entity listed by the Hamilton County Auditor's Office as owner of the property at issue;
3. The Notice shall include a description of the property at issue which description is sufficient for identification purposes;
4. The Notice shall include a statement of the violation or violations determined to exist on the property with specific references to the sections of this code which are alleged to have been violated;
5. The Notice shall include a description of the corrective action which must be taken to bring the property into compliance with the provisions of this code; and
6. The Notice shall include a deadline by which time the person receiving the Notice shall be required to take the necessary corrective action required to bring the property into compliance with the provisions of this code.
107.3 Method of service. The Notice of Violation shall be deemed to be properly served if a copy thereof is:
1. Delivered personally; or
2. Sent by certified or first-class mail addressed to the owner of the property at issue at theaddress of the property; or
3. Sent by certified or first-class mail addressed to the owner of the property at issue at theaddress listed as the owner's tax mailing address by the Hamilton County Auditor; or
4. Sent by certified or first-class mail addressed to the owner of the property at issue at theowner's last known address; or
5. Posted in a conspicuous place in or about the property at issue if the Notice is returned showing that the Notice was not delivered.
SECTION 108
ISSUANCE OF CITATION
108.1 Issuance of Citation. If no action is taken within the time period allowed for such correction or cessation, a citation under the authority of Revised Code Section 505.99 for a minor misdemeanor may be issued. The violator shall have seven (7) days to pay the citation to the Clerk of Courts for Hamilton County Municipal Court or the matter will be scheduled for hearing in Hamilton County Municipal Court. If no action is taken within these seven (7) days, additional citations may be issued each day the violation remains in noncompliance.
SECTION 109
PENALTIES AND FINES
109.1 Violation Penalties. Pursuant to Revised Code Section 505.99, any person or entity who is found by the Hamilton County Municipal Court to have violated a provision of this code shall be guilty of a minor misdemeanor and shall be fined in accordance with law.
109.2 Administrative Fee. In addition to the fine imposed by the Court, GreenTownship will charge an administrative fee for the processing of all citations. The administrative fee shall be that fee established on GreenTownship's fee schedule adopted for the relevant year.
109.3 Continuing Violations. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
SECTION 110
CIVIL CITATIONS
110.1 Civil Citation Issued. If a person or entity to whom a Notice of Violation has been sent does not bring the property at issue into compliance with the provisions of this code by the deadline established in the Notice of Violation or by the granted deadline extension, if any, the Code Official, in lieu of initiating a citation for a minor misdemeanor, may issue such person a Civil Citation (hereinafter referred to as "Citation" or "Civil Citation").
110.2 Form of Civil Citation. Civil Citations issued for a failure to comply with the Notice of Violation by the deadline established therein, or by the granted deadline extension, if any, shall be given in accordance with all of the following:
1. The Citation shall be in writing on a form specifically designated as a Civil Citation form;
2. The Citation shall include a statement advising the person charged that he must answerthe citation within fourteen (14) days after the date on which the Citation is served upon him;
3. The Citation shall include a statement indicating the allowable answers that may be made and that the person will be afforded a court hearing if he/she denies committing the violation;
4. The Citation shall include a statement specifying that the answer must be made in person,or by mail, to the Green Township Fiscal Officer;
5. The Citation shall include a statement indicating the amount of the fine arising from theviolation;
6. The Citation shall include a statement advising the person of the violation charged, the date, time and place of the violation charged; and
7. The Citation shall include the signature and affirmation of the code official or his designee.
110.3 Method of Service. The Civil Citation shall be deemed to be properly served if it is:
1. Delivered personally by a Green Township Police Officer; or
2. Sent by certified or express mail, return receipt requested, addressed to the owner of theproperty at issue at the address listed as the owner's tax mailing address by the Hamilton County Auditor; or
3. Sent by certified or express mail, return receipt requested, addressed to the owner of the property at issue at the owner's last known address; or
4. Delivered personally to the usual place of residence of the owner of the property at issue to the owner or some person of suitable age and discretion then residing at that residence; or
5. Any other method of service permitted by the Ohio Rules of Civil Procedure.
SECTION 111
PERMISSIBLE ANSWERS TO CIVIL CITATION
111.1 Permissible Answers. Any person or entity to whom a Civil Citation has been served may answer said Citation in one of the following ways:
1. Admission that the person or entity committed the violation charged filed in the manner and within the time permitted by Section 112 of this code;
2. Express denial of the violation charged by the person or entity charged filed in the mannerand within the time permitted by Section 113 of this code; or
3. Implicit denial of the violation charged by the failure of the person or entity charged to file an answer or pay the fine set forth in the Civil Citation within the time permitted by Sections 112 and 113 of this code.