Granville Community Calendar

Ordinance No. 10-2015 FAILED

MEASURE FAILED

ORDINANCE NO. 10-2015      LEGISTION WAS NOT PASSED

AN ORDINANCE TO ESTABLISH CHAPTER 523 PROPERTY MAINTENANCE CODE OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO

WHEREAS, the Council of the Village of Granville, Ohio, has determined a property maintenance code should be established for the Village of Granville as part of the General Offenses Code; and

WHEREAS, the purpose of this chapter is to establish minimum standards necessary to make all structuressafe, sanitary, free from fire and health hazard, fit for human habitation and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures in such condition as will not constitute a blighting, nuisance or deteriorating influence on the surrounding neighborhood; to protect property values, to promote and enhance community sustainability; to fix responsibilities for owners, agents, lessees and occupants of structures with respect to safety, sanitation, repair and maintenance; and to establish procedures for consistent and practical enforcement of these minimum standards.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that:

Section 1.  The Granville Village Council does hereby establish a property maintenance code as part of the Codified Ordinances of the Village of Granville as Chapter 523.

Section 2. The purpose of this chapter is to establish minimum standards necessary to make all structuressafe, sanitary, free from fire and health hazard, fit for human habitation and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures in such condition as will not constitute a blighting, nuisance or deteriorating influence on the surrounding neighborhood; to protect property values, to promote and enhance community sustainability; to fix responsibilities for owners, agents, lessees and occupants of structures with respect to safety, sanitation, repair and maintenance; and to establish procedures for consistent and practical enforcement of these minimum standards.

Section 3.  Chapter 523 “Property Maintenance Code” is adopted as follows:

 

                                                                      CHAPTER 523

                                                        Property Maintenance Code

523.01 Purpose and Scope                                      523.09Removal of Miscellaneous Rubbish.       

523.02 Definitions.                                                   523.10Signs.      

523.03 Conflict.                                                        523.11Vacated Buildings.                                                                     

523.04 Severability.                                                  523.12Hazardous Substances

523.05 Owner and Occupant Responsibilities.          523.13Administration.

523.06 Exterior Structures and Premises.                 523.14Enforcement

523.07 Interior Structures and Premises.                 523.15Abatement of Violation.                                    

523.08Storage of Inoperable, Unlicensed           

             or Junk Vehicles.

 523.01 Purpose and Scope.

Purpose  

The purpose of this chapter is to establish minimum standards necessary to make all structures safe, sanitary, free from fire and health hazard, fit for human habitation, and beneficial to the public welfare; to establish minimum standards governing the maintenance of structures in such condition as will not constitute a blighting, nuisance or deteriorating influence on the surrounding neighborhood; to protect property values; to promote and enhance community sustainability; to fix responsibilities for owners, agents, lessees and occupants of structures with respect to safety, sanitation, repair and maintenance; and to establish procedures for consistent and practical enforcement of these minimum standards. 

Scope

(a)        The provisions of this chapter shall apply to all existing structures or portions thereof within the Village limits, including any area of adjacent right-of-way that is between the property boundary line and the curb or edge of pavement. 

(b)        The provisions of this chapter shall be supplementary to all other provisions of the Granville Codified Ordinances relating to the construction, use and maintenance of structures within the Village limits. 

(c)        After the effective date of this chapter, the issuance of all licenses and permits issued by the Village of Granville shall be conditioned upon compliance with this chapter as well as compliance with the ordinances under which such licenses and permits are granted. 

            523.02 DEFINITIONS.

            The following terms, wherever used in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:

(a)        “Abandoned sign” means a sign that advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted. 

(b)        “Blighting influence” means either of the following: 

(1)   A parcel that has any one or more of the following conditions: 

(A) A structure that is dilapidated, unsanitary, unsafe, or infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building or fire codes as unfit for human habitation or use; 

(B)  The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination; 

(C)  Tax or special assessment delinquencies exceeding the fair value of the property that remain unpaid thirty-five days after notice to pay has been served. 

(2)    A parcel that has any two or more of the following conditions which, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations: 

(A) Dilapidation and deterioration;

(B)  Age and obsolescence; 

(C)  Inadequate provision for ventilation, light, air, sanitation, or open spaces; 

(D) Unsafe and unsanitary conditions; 

(E)  Hazards that endanger lives or properties by fire or other causes;

(F)   Noncompliance with building, housing or other codes; 

(G) Nonworking or disconnected utilities; 

(H) Is vacant or contains an abandoned structure; 

(I)    Excessive dwelling unit density; 

(J)    Infestation; 

(K)  Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time; 

(L)  Identified hazards to health and human safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime; 

(M) Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of the parcel in case of multiple ownership, cannot be located. 

(c)        "Building" means any structure having a roof supported by columns or walls that is used or intended to be used for the shelter, enclosure, or support of individuals, businesses, institutions, animals, or property of any kind. 

(d)       "Building Code" means the most current edition of the State of Ohio Building Code or such other code as may be officially designated by the Village of Granville for the regulation of the construction, alteration, addition, repair, removal, demolition, and maintenance of all buildings and structures. 

(e)        "Deterioration" means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of adequate maintenance.

(f)        "Exposed to public view" means any part of any premises, building, or structure that may be lawfully viewed by a member of the public from a sidewalk, street, alleyway, open-air parking lot, or from any adjoining or neighboring premises.

(g)        "Exterior of the premises" means those portions of a building or structure that are exposed to public view and/or the open space on the premises under the control of owners or occupants of such premises. 

(h)        “Extermination” means the control and elimination of insects, rats, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. 

(i)         "Fire hazard" means any thing or act that increases or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that which may obstruct, delay, or hinder or may become the cause of any obstruction, delay, or hindrance to the prevention, suppression, or extinguishment of fire. 

(j)         “Garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. 

(k)        "Immediate neighborhood" means an area separated by no appreciable space and specially denoting a limited number of properties in a very close space relationship to each other. 

(l)         “Imminent danger” means a condition of imminent or actual failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment. 

(m)       “Imminent hazard” means a condition that could cause serious or life-threatening injury or death at any time. 

(n)        "Infestation" or “Infested” means the presence of insects, rats, rodents, vermin, or other pests within or contiguous to a structure or premises so as to adversely affect human health or the habitability or occupancy of the structure. 

(o)        “Junk or inoperable vehicle” means a vehicle, including but not limited to cars, trucks, busses, trailers, and boats, whenever any of the following occur: 

(1)        The vehicle is without a valid current registration and/or license plate; 

(2)        The vehicle is apparently inoperable; 

(3)        The vehicle is without fully inflated tires and/or has any type of support under it; 

(4)        The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission or other similar major part. 

(p)        "Nuisance" means any of the following: 

(1)        Any public nuisance known in common law, or asprovidedbytheStatutes of the State of Ohio or the Ordinances of the Village of Granville.

(2)        Conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist. 

(3)        Unsanitary conditions or anything offensive to the senses or dangerous to the public health, safety and welfare. 

(4)        Fire hazards. 

(5)        Abandoned wells and shafts. 

(6)        Any premises that has failing or untreated sanitary sewerage or plumbing facilities. 

(7)        Any premises that is manifestly unsafe or unsecured so as to endanger life, limb, or property. 

(8)        Any premises from which the plumbing, heating, or facilities required by the building code have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or from which the required precautions against trespassers have not been provided.

(9)        Any premises that are unsanitary, that are littered with rubbish or garbage, or that have an uncontrolled growth of weeds. (See Chapter 521, Health, Safety and Sanitation and Chapter 551, Weeds for additional information).

(10)      Any building that is in a state of dilapidation, deterioration, or decay; or has been abandoned or damaged to the extent so as not to provide shelter; or is in danger of collapse or failure; or is dangerous to anyone on or near the building. 

(q)        "Occupant" means any person who has charge, care, or control of a building, structure, dwelling, or premises (or a part thereof), whether with or without the knowledge and consent of the owner. 

(r)        "Owner" means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. 

(s)        "Overhanging" means overhanging objects which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof. 

(t)        "Premises" means a lot, plot, or parcel of land, including any buildings, structures, equipment and facilities thereon.

(u)        "Property Maintenance Officer" means the Zoning Inspector of the Village of Granville or such other public official or deputy property maintenance officer as shall be designated by the Village Manager. 

(v)        "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes) including but not limited to garbage, rubbish, ashes, dead animals, and solid market and industrial wastes; an accumulation of brush, broken glass, stumps, and roots that present a safety hazard, and includes garbage, trash and debris that present an unsanitary and/or safety hazard. 

(w)     “Rubbish” means combustible and noncombustible waste materials except garbage. This shall include the residue from the burning of wood, coal and other combustible materials, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin cans, metals, glass, crockery, and dust and other similar materials.

(x)        “Structure” means anything constructed, erected, or fabricated, the use of which requires location on the ground, or attachment to something having a permanent location on the ground, including anything erected for the purpose of storage. 

(y)        "Weathering" means deterioration, decay, or damage caused by exposure to the elements. 

(z)        “Weeds” means all grasses, annual, biennial, and perennial plants and vegetation. However, this term shall not include trees or shrubs, cultivated flowers or ornamental grasses, cultivated gardens, and crops planted and cultivated for sale or in connection with an agricultural business. 

(aa)      “Yard” means an open space on the same lot or parcel with a structure. 

            523.03Conflict. 

In the event of a conflict between any provision of this chapter, including rules and regulations adopted pursuant to this chapter, and any other provision of the Granville Codified Ordinances, including rules and regulations adopted pursuant to the Granville Codified Ordinances, the more restrictive provision shall prevail. 

            523.04   Severability.

Sections and subsections of this chapter and the several parts and provisions thereof are declared to be independent sections, subsections, parts and provisions, and the holding by a court of law of any such section, subsection, part or provision to be unconstitutional, void or ineffective for any cause shall not affect or render invalid any other such section, subsection, part or provision.

            523.05Owner and Occupant Responsibilities

(a)        Except as otherwise expressly provided in this chapter, an owner and occupant of premises within the Village shall be jointly and severally responsible for the maintenance and upkeep of such premises as required by this chapter. No owner shall be relieved from such duty or responsibility by reason of the fact that the occupant may also be responsible.

(b)        No owner, agent, lessee or occupant shall occupy or allow to exist any structure or part thereof, or any condition, which does not comply with the provisions of this chapter.

            523.06Exterior Structures and Premises.

(a)        General

            All premises and the exterior of every building or structure thereon shall be properly maintained and kept in good repair, shall not constitute a nuisance or safety hazard, shall not cause a blighting influence on adjoining properties, and shall not cause a reduction in property values in the immediate neighborhood. 

(b)        Exterior Surfaces 

            The exterior surfaces of all structures shall be adequately maintained without significant amounts of loose shingles, crumbling stone or brick, peeling paint, or other conditions that   are reflective of deterioration.

            Any structure whose exterior surface is deteriorating, decaying, disintegrating, or in poor repair must be repaired. All buckled, rotted or decaying walls, doors, windows, porches, floors, steps, trim, railings, or other structural members must be repaired or replaced and put in good condition. 

(c)        Decorative Features

            All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. In the event that a decorative feature is not properly maintained and constitutes a nuisance or safety hazard, it and its supporting members shall be immediately repaired or removed.

(d)       Overhang Extensions 

            All overhang extensions and their supporting members, including by way of example, canopies, marquees, metal awnings, fire escapes, standpipes, exhaust ducts, and similar items, shall be maintained in good repair, in good working order, and properly anchored so as not to pose a safety hazard. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. In the event that an overhang extension is not properly maintained and constitutes a nuisance or safety hazard, it and its supporting members shall be immediately repaired or removed.

            Awnings or marquees that are made of cloth, plastic, or similar materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of mold, mildew, ripping, tearing, or other holes. 

            Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain without specific authorization by the Village. 

(e)        Chimneys and Towers

            All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained in a structurally safe and sound condition. Mortar in brick or stone structures shall be properly maintained so that the structural integrity of the structure is not compromised. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. In the event that a chimney or tower is not properly maintained and constitutes a nuisance or safety hazard, it and its supporting members shall be immediately repaired or removed. 

(f)        Stairways, Decks, Porches, and Balconies 

            Every exterior component of a building or structure that incorporates a surface over which persons may walk, including but not limited to exterior stairways, decks, porches and balconies, and all appurtenances attached thereto, shall be maintained in good repair, in a structurally-sound condition with proper anchorage, and have the capability of supporting the imposed loads. In the event that a stairway, deck, porch or balcony is not properly maintained and constitutes a nuisance or safety hazard, it and its supporting members shall be immediately repaired or removed.

(g)        Roofs and Drainage

 

            Roof drains, gutters and downspouts are recommended for all structures and buildings and shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

            Excluding approved retention areas and reservoirs, all new premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon. No new storm water installations (including sump pump discharge) shall result in the accumulation of water or the creation of an unsafe condition on any abutting property. No new storm water system shall be discharged in a manner that creates a public nuisance. 

(h)        Walking, Driving and Parking Surfaces

            All walking, driving, and parking surfaces shall be in good condition and free of any obstructions.  All such surfaces shall be kept free of any excessive cracking or deterioration that might cause a safety hazard.

            523.08 Storage of Inoperable, Unlicensed or Junk Vehicles

Outdoor storage of junk or inoperable vehicles or parts thereof on the premises for a

period in excess of seven (7) days is prohibited. Any such vehicle or trailer may be stored within a fully-enclosed building, provided that such vehicle is not visible from any adjoining property or public road.  (Note: See Granville Code, Section 303.10; Chapter 188) 

            523.09 Removal of Miscellaneous Rubbish.

            All premises shall be kept free from any undue accumulation of refuse, rubbish, or garbage that is unsightly and may have a detrimental effect on the value of the premises or on adjacent properties; or that may act as a breeding place or provide food or shelter for vermin or insects; or that may pose a fire hazard. 

            Each owner or occupant of a premises shall dispose of all refuse, rubbish, or garbage in a clean and sanitary manner. Garbage that is temporarily stored on the property awaiting removal from the property shall be kept in a leak proof container with close fitting covers.  All provisions for garbage shall be maintained so as not to be accessible to dogs, cats or othe animals. Enclosures used to screen collection areas from view shall be properly maintained.

            523.10 Signs. 

All signs shall be maintained in good repair. Any sign that has weathered or faded, or on which the paint has peeled or cracked, shall, along with its supporting members, be put into a good state of repair or removed.  

            Any abandoned sign or any sign that advertises a business or product no longer existing or sold on the premises shall be removed. Whenever the use of a building is discontinued for a period of 30 days, all signs shall be removed. 

            523.11 Vacated Buildings. 

            Whenever the use of a building or premises by a business or other establishment is discontinued, the building shall be properly secured and all signage pertaining to that business or establishment shall be removed.

            The boarding up of vacated buildings shall be prohibited except when specifically authorized or directed by the Village Manager in emergency situations where the boarding up of a building is necessary to secure the building or to protect the public health or safety.  The building or property owner may erect or install interior window coverings to block the view into the vacated building, but such interior window coverings shall be of a color or design that is compatible with the remainder of the building. 

            523.12  Hazardous Substances

            Any demolition or other removal procedures should include an assessment of whether any hazardous substances may be present in the materials to be demolished or removed, and appropriate measures for the containment of hazardous materials shall be used when such materials are found. 

            523.13Administration.

(a)        Property Maintenance Officer. 

            The Zoning Inspector of the Village, or such other person as designated by the

Village Manager, is hereby designated to serve as the Property Maintenance Officer under the provisions of this chapter. All inspections, regulations and enforcement of the violations of the provisions of this chapter, unless expressly stated to the contrary, shall be carried out by the Property Maintenance Officer. 

(b)        When Inspections are to be Made. 

(1)        Residential. Buildings and premises covered by this chapter are subject to inspection by the Property Maintenance Officer. At the time of any such inspection, all of the exterior parts of the premises must be made available and accessible to the Property Maintenance Officer and the owner or occupant of the premises is responsible for making the necessary arrangements to facilitate the inspection. Any inspection shall be made between the hours of 8:00 a.m. and 4:00 p.m., unless the premises are not available during those hours or there is a reason to believe that a violation exists of a character that is an immediate threat to health or safety, thereby requiring inspection and abatement without delay.

(2)        Non-residential. Buildings and premises covered by this chapter are subject to inspection by the Property Maintenance Officer. At the time of such inspection, all of the exterior parts of the premises must be made available to the Property Maintenance Officer and the owner or occupant is responsible for making the necessary arrangements to facilitate the inspection. Any inspection shall be made during the regular open hours of the business occupying the premises unless there is a reason to believe that a violation exists of a character that is an immediate threat to health or safety, thereby requiring inspection and abatement without delay. 

(c)        Identification and Conduct of Inspectors. Inspectors shall carry and exhibit appropriate identification when inspecting structures or premises, and shall conduct themselves in a professional manner so as to avoid intentional embarrassment or inconvenience to owners or occupants. 

Where Access by Inspectors is Refused.

            Where a Property Maintenance Officer is refused access, or is otherwise impeded or prevented by the owner or occupant from conducting an inspection of the premises, such person preventing or impeding access shall be in violation of this chapter and subject to applicable legal remedies and penalties.

Procedure Where a Violation is Discovered 

(a)        Written Notice. 

            Whenever the Property Maintenance Officer determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred and the violation has not been corrected through informal remediation, a written notice from the Property Maintenance Officer shall be served upon the person or persons responsible for the correction thereof. 

(b)        Form of Notice.

            The notice prescribed herein shall: 

(1)   Be in writing;

(2)   Include a description of the property sufficient for identification;

(3)   Include a statement of the violation(s) and why the notice is being issued;

(4)   Include a correction order allowing a reasonable time to make the repairs or improvements required to bring the building, structure, equipment, premises or property into compliance with the applicable provision(s) of this chapter; and

(5)   Inform the person(s) responsible for the violation of the right to appeal. 

(c)        Service of Notice. 

           Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served, and evidenced by a certificate of mailing. Where it is determined that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Licking County Auditor. If the last known address cannot be determined, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to the owner or occupant at an address other than the last known address if such other address is filed with the Property Maintenance Officer personally or by certified mail addressed to the Property Maintenance Officer.

           The date of service of the notice shall be determined (where service is by mail) as the day following the day of mailing for notices to addresses within the Village and as of the fourth day after the day of mailing for notices to addresses outside the Village. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. 

(d)      Notice to Become an Order Unless Hearing is Requested. 

           Within fifteen (15) days of the date of service of a notice, the notice shall constitute a final order unless the property owner or occupant requests a hearing thereon before the Village Manager by serving a written request within the fifteen (15) day period, in person or by mail, upon the Village Clerk or Manager. Such request for a hearing before the Manager shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation that are to be disputed at the hearing.  The Manager, upon receipt of the request, shall, within thirty (30) days therefrom and upon five (5) days’ notice to the property owner or occupant, set the time and date for the hearing. 

(e)      Determination after Hearing. 

         Within ten (10) days following the completion of the hearing, the Village Manager shall issue an order either incorporating the findings and directions contained in the notice from the Property Maintenance Officer, modifying the same, or withdrawing the notice. The order from the Village Manager shall advise the property owner or occupant of his or her right to appeal the order to the Board of Zoning and Building Appeals within ten (10) days of the date of the order.

(f)       Extension of Time. 

            The Property Maintenance Officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed ninety (90) days, except where there are extenuating circumstances, such as the unavailability of a contractor, or where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period of time not to exceed one-hundred-eighty (180) days beyond the expiration date of the original notice or as further authorized by the Village Manager. 

(g)      Non-compliance with Notice. 

            Whenever the owner, agent, occupant, or operator of a structure or premises fails, neglects, or refuses to comply with any notice of the Property Maintenance Officer, the Property Maintenance Officer may advise the Law Director of the circumstances and request him or her to institute an appropriate legal action to compel compliance. 

Imminent Danger 

            When, in the opinion of the Property Maintenance Officer, 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 present of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Property Maintenance Officer with the approval and authorization of the Village Manager is hereby authorized and empowered to order and require the occupants to vacate the premises immediately. The Property Maintenance Officer shall cause to be posted at each entrance to such structure a notice reading as follows: “THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY IS PROHIBITED BY THE VILLAGE OF GRANVILLE, OHIO”.

            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 demolishing the same. Any person either defacing or removing such notice without such approval shall be guilty of a minor misdemeanor.

Emergency Repairs

            When, in the opinion of the Property Maintenance Officer and confirmed by the Village Manager, there is imminent danger due to an unsafe condition, the Property Maintenance Officer 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 case such other action to be taken as necessary to meet such emergency.  Costs incurred in the performance of the emergency work shall be paid by the Village of Granville. The Village Manager may then cause appropriate action to be taken against the owner of the premises or property for the recovery of such costs.

            523.14Enforcement.

(a)             Any person who fails to comply with a final order issued in accordance with this chapter shall be deemed guilty of a minor misdemeanor, and a prosecution for that offense may be initiated in the Granville Mayor’s Court or the Licking County Municipal Court. 

(b)            Any person who fails to comply with a final order issued in accordance with this chapter, and who has been found guilty of such a failure to comply on two (2) or more occasions with the preceding two (2) years, shall be deemed guilty of a fourth degree misdemeanor. 

(c)             Each day that a violation continues after notice of such violation is served shall be deemed a separate offense. 

(d)            A violation of this chapter is a strict liability offense. 

            523.15Abatement of Violation

            The imposition of the penalties herein prescribed shall not preclude the Village Law Director from instituting an appropriate action to restrain, correct or abate a violation; to enjoin the unlawful occupancy of a building; to require compliance with this chapter and any lawful order issued thereunder; or to stop any unlawful act, conduct, business, or utilization of the building, structure or premises. 

Section 4.  This ordinance shall become effective upon the earliest date allowed by the laws of the state of Ohio and the Charter of the Village of Granville.

Failed this 7th day of O, 2015.

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