Chapter 1340: Maintenance of Structures and Premises

Sections

Cross references

  • Removal of unsafe structures - see Ohio R.C. 715.26
  • Health, safety and sanitation - see GEN. OFF. Ch. 521

1340.01   Purpose and scope

  1. (a) Within the scope of this chapter, the purpose is to protect the public health, safety and general welfare, by establishing minimum standards governing the maintenance of structures and premises; to fix responsibilities for owners, operators and occupants of structures and premises with respect to sanitation, repair, maintenance and nuisance prevention.

  2. (b) The provisions of this chapter shall be supplementary to all other provisions of the ordinances of the Municipality relating to the construction, use and maintenance of buildings and shall apply to all buildings or portions thereof, within the municipal limits.
    (Ord. 2016-61. Passed 10-24-16.)

1340.02   Definitions

For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word “building” shall include the word “structure”; and the word “shall” is mandatory. When not defined in this chapter, words shall have the meanings ascribed to them in the Village of Chagrin Falls Zoning Code, Building Code, or model code adopted by the Village. If not otherwise defined, words have their ordinarily accepted meanings.

  1. (a) “Approved” means authorized by the Building Inspector, Officer of the Fire Prevention Bureau, the Chief Administrative Officer or the Board of Zoning Appeals as designated by the Codified Ordinances of the Village of Chagrin Falls to give approval to the matter in question.

  2. (b) “Blighting or deteriorating influence” means a condition where a building, structure or premises is so poorly maintained that its condition, directly or indirectly, represents a threat to the health or safety of the general public or to persons living on adjoining property or in the area; or constitutes an unsanitary condition; lends itself to habitation or infestation by rodents, termites or other vermin.

  3. (c) “Building or Structure” means buildings or structure as defined by Section 1107.06 of the Codified Ordinances of the Village of Chagrin Falls.

  4. (d) “Demolish” or “Demolition” means any act or process that destroys in whole or in part any building or structure.

  5. (e) “Deterioration” means the condition or appearance of the exterior of a building or part thereof, characterized by holes, breaks, rot, crumbling, or cracking, peeling or flaking of paint or other protective coating, rusting or other evidence of physical decay, neglect, excessive use, loss of effectiveness or lack of maintenance.

  6. (f) “Exterior surface” means those portions of a building which may be viewed from public property or from any adjoining or other property in proximity to such building.

  7. (g) “Exterior property area” means the open space on any premises.

  8. (h) “Good repair” or “good condition” means that a premises, structure or parts thereof is structurally sound so as to resist decay or deterioration and capable of performing the function for which it was designed for or intended to be used.

  9. (i) “Garbage” means animal, vegetable, fruit or mineral waste resulting from the handling, preparation, cooking and consumption of food.

  10. (j) “Hazard, fire” means any material, condition or act which causes, contributes to or increases the risk of fire to a greater degree than that customarily recognized as normal by the Officer of the Fire Prevention Bureau, or that which may reduce, obstruct, hinder, or delay fire protection, fire prevention, suppression or extinguishment.

  11. (k) “Hazard, public safety” means any condition that places a person’s life, health, or property in immediate, impending peril, or could cause serious life-threatening illness, injury or death at any time.

  12. (l) “Infestation” means the presence of insects, rodents, vermin or other pests on the premises which constitutes a health hazard.

  13. (m) “Landscaping” means the decorative and functional alteration and planting of grounds as part of a developed building site with grass, vegetation and other materials customarily used in residential landscaping, including, but not limited to, mulch, topsoil, sand, gravel, stone, landscape timbers or any other similar material.

  14. (n) “Local agent or representative” means a company, person or designated agent who can be called if emergencies occur and who may provide inspection access or make immediate repairs to windows, doors, alarm systems, or other facilities or utilities. The company, person, or designated agent shall be at least 18 years of age.

  15. (o) “Maintenance” or “maintained” means any act of servicing or repair to any building, structure or service equipment, or to the exterior property areas, to continue or improve its conditions so as to be free from nuisance.

  16. (p) “Nuisance” means and includes:

    1. (1) That which is defined by the statutes of the State of Ohio, or the ordinances of the Village and thereby declared to be a nuisance;

    2. (2) Any condition hazardous to human life or to the health of persons on or near the premises where the condition exists;

    3. (3) Any unsanitary condition;

    4. (4) Infestation; and

    5. (5) Fire hazards.

  17. (q) “Occupant” means a person occupying a dwelling unit for residential purposes or having actual possession of such a dwelling unit, or occupying space on a premises for the conduct of a trade, service, profession, business, industry, civic or non- profit, or other similar nonresidential purpose.

  18. (r) “Operator” means a person who has charge, care or control of any building, structure, premises or part thereof.

  19. (s) “Owner” means the owner of the premises or one of the owners of the premises if owned by more than one person, including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.

  20. (t) “Person” means an individual, firm, partnership, limited liability company, limited liability partnership, association, joint venture, corporation, trust, or any other legal entity, including his or its agents.

  21. (u) “Premises” means a lot, parcel of plot of land including the buildings or structures thereon.

  22. (v) “Repair” means the renewal, replacement or reinforcement of an existing part of a building, in keeping with its existing type of construction, arrangement of parts and occupancy, for maintenance purposes, including replacements and reinforcement because of fire damage, damage caused by the force of objects and the elements, acts of nature against a building, and failure to maintain a building in good condition.

  23. (w) “Rubbish” means combustible and noncombustible waste materials, except garbage, such as residue from the burning of any combustible material, paper, rags, rubber, leather, tree branches, yard trimmings, tin cans, metal, glass, crockery, tires, construction debris and similar materials.

  24. (x) “Sanitation” means a condition of cleanliness including the removal of dirt and waste materials, which precludes the probability of infestation or disease transmission.

  25. (y) “Secondary or appurtenant structure” means a structure, the use of which is incidental or accessory to that of the main building and which is attached to the main building or located on the same premises with it, including sheds, barns, garages, retaining walls, fences, exterior walks, rails and steps.

  26. (z) “Substantial repair” means construction work on a main building or portion thereof the cost of which equals or exceeds fifty percent of its current replacement value.

  27. (aa) “Weathertight” means the protection of a structure from exposure to the elements so as not to show signs of deterioration, decay or damage as a result of such exposure.

  28. (bb) “Workmanlike” means executed in a skilled manner with a quality of construction that is generally plumb, level, square in line, undamaged and without marring adjacent work or materials.
    (Ord. 2016-61. Passed 10-24-16.)

1340.03   Conflict

In the event of conflict between any provisions of this chapter, including any rules and regulations adopted pursuant to this chapter, and any provisions of the ordinances of the Municipality, including any rules and regulations adopted pursuant to such ordinances, the more restrictive provisions shall prevail. The provisions of Chapter 1146 of the Codified Ordinances shall be deemed to be more restrictive than Chapter 1340 of the Codified Ordinances and no Historically Significant Property shall be demolished without compliance with Chapter 1146 of the Codified Ordinances.
(Ord. 2016-61. Passed 10-24-16.)

1340.04   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 of any such section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect or render invalid any other such section, subsection, part or provision thereof.
(Ord. 2016-61. Passed 10-24-16.)

The imposition of any penalty, as provided for in this chapter, shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building, structure or premises; to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Inspector, the Mayor, or the Board of Zoning Appeals.
(Ord. 2016-61. Passed 10-24-16.)

1340.06   Maintenance responsibilities

No owner, occupant, or operator, shall occupy or allow to exist any premises, building, structures or any parts thereof, which do not comply with the provisions of this chapter.
(Ord. 2016-61. Passed 10-24-16.)

1340.07   Inspection

The Building Inspector is authorized to make or cause to be made inspections of all structures or premises and all secondary or appurtenant structures to determine whether such structures or premises conform to the provisions of this chapter or other provisions of the Building Code.
(Ord. 2016-61. Passed 10-24-16.)

1340.08   Notice of violation

  1. (a) Whenever the Building Inspector finds any structure or premises, or any part thereof, to be in violation of the provisions of this chapter, he shall give or cause to be given or mailed to the owner, occupant, or operator of such structure or premises a written notice stating the violation therein. Such notice shall order the owner, occupant, or operator, within a stated reasonable time (but not less than ten days), to correct the violation. Such delivery or mailing shall be deemed legal service of notice. Upon expiration of the given time period, the owner, occupant or operator shall be cited for each day the offense continues.

  2. (b) If the owner of any structure or premises is not a resident of Cuyahoga County, such owner shall designate and file with the Building Inspector the name, address and telephone number of a local agent or representative for the purposes of receiving all notices of inspection, orders or otherwise from the Municipality of Chagrin Falls relative to such structure or premises, failing which the Municipality may use the real estate tax mailing address of the owner of the premises to send any notice required by this chapter. Service of notice upon such local agent or representative shall be deemed to be notice upon the owner. Any such notice shall also be sent by registered mail to the last known address of the owner. Notice may also be posted in a conspicuous place on the structure or premises to which it relates. No person shall remove or deface such posted notice without the written permission of the Building Inspector.
    (Ord. 2016-61. Passed 10-24-16.)

  3. (c) If the person to whom the notice and order is addressed is not found after reasonable and diligence search, then the notice and order shall be sent by certified mail to their tax mailing address, if available, as indicated on the County Tax Duplicate. A copy of the notice and order shall be posted in a conspicuous place on the premises to which it relates. The mailing and posting shall be deemed legal service of the notice.

  4. (d) An owner, agent or person in control of the structure or building, or mortgagee of record, or lienholder of record who has received a notice of violation or a notice to make corrections to the minimum standards of the Codified Ordinances of the Village of Chagrin Falls, applicable Village rules and regulations, the Ohio Revised Code and the Ohio Administrative Code, including the Ohio Building Code, or to demolish and remove, as provided for in this chapter, shall inform prospective purchasers, vendees, grantees, assignees, lessees or land contractees of the notice of violation or the notice to make corrections, or to demolish and remove the unsafe structure.

  5. (e) No person shall transfer to a vendee, grantee, assignee, lessee, land contractee or any other transferee any interest in a building, structure or a portion thereof after receiving a notice of violation to make corrections, or to demolish and remove the same, without first providing the transferee with a copy of the notice. No buyer or grantee, by land contract, purchase agreement, deed or otherwise, shall obtain any interest in any structure or building without obtaining from the seller, prior to sale, the documents described in this paragraph. No person, agent, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of a structure or building situated in the Village, shall disburse any funds resulting from a sale or transfer of any interest in any premises for which a notice has been provided in this chapter, to cure and/or demolish, unless the provisions of this division have been met.

  6. (f) Any buyer or grantee, by land contract or otherwise, of an unsafe structure or building, shall begin, upon the date of transfer, to comply with any notice or order obtained or to be obtained pursuant to Chapter 1340 of the Codified Ordinances and, within ten (10) days of the date of transfer, shall notify the Building Inspector, in writing, of the actions that will be taken to comply. The Building Inspector may then establish a reasonable time to comply.
    (Ord. 2018-10. Passed 3-12-18.)

1340.09   General maintenance requirements

  1. (a) All premises, structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be free from nuisance. All equipment and facilities appurtenant to a structure and premises shall be maintained in good repair.

  2. (b) Repairs, maintenance work, alterations or installations shall be executed and installed in a workmanlike manner.
    (Ord. 2016-61. Passed 10-24-16.)

1340.10   Maintenance of foundations

  1. (a) All foundations of every structure shall be maintained in good repair.

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

  3. (c) All openings into the foundations of every structure shall be protected against infestation.

  4. (d) Where parts of structures are supported on masonry piers and the structure or piers require substantial repair, such piers shall be replaced with a foundation conforming to the Ohio Residential Code as adopted and amended by the Municipality.
    (Ord. 2016-61. Passed 10-24-16.)

1340.11   Maintenance of roofs, gutters and downspouts

All roofs of every building shall be maintained weathertight and shall be equipped with gutters and downspouts connected to a public storm sewer if available, or as otherwise approved by the Building Inspector.
(Ord. 2016-61. Passed 10-24-16.)

1340.12   Maintenance of exteriors of structures and secondary or appurtenant structures

  1. (a) All exterior walls of every structure shall be maintained weathertight and shall be maintained so as to resist decay or deterioration from any cause.

  2. (b) Any main structure or secondary or appurtenant structure whose exterior surface is deteriorated shall be repaired, demolished or restored. No Historically Significant Property shall be demolished unless one of the conditions set forth in Section 1146.06 of the Codified Ordinances exists.

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

    2. (2) All replacements shall match and conform to original design or be replaced completely. New material shall match the material being replaced in composition, design, color, texture, and other visual qualities.

    3. (3) All exterior wood or exterior unfinished surfaces shall be sealed and painted, or the surface covered with other Master Painters Institute Approved Products List or equal protective coating or treated to prevent rot and decay, and conform and match the existing paint or surface covering the original design or replacement thereof.

  3. (c) Any main structure or secondary or appurtenant structure whose exterior surface is deteriorated, or whose exterior surface has weathered with dirt and grime, shall be cleaned, repaired, repainted or resurfaced.

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

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

    3. (3) All new or repaired bare surfaces shall be painted or coated.
      (Ord. 2016-61. Passed 10-24-16.)

1340.13   Maintenance of interior walls and floors

  1. (a) All interior walls and floors of every structure shall be maintained in good repair free of deterioration.

  2. (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.
    (Ord. 2016-61. Passed 10-24-16.)

1340.14   Infestation by pests

All structures and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin or rodents.
(Ord. 2016-61. Passed 10-24-16.)

1340.15   Exterior property areas

Exterior property areas of all premises shall be kept free of any debris, object, material or condition which may create a public safety or fire hazard, or which is a public nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood. Lawns, landscaping and driveways shall also be maintained so as not to constitute a blighting or deteriorating influence to the buildings adjacent to such premises.
(Ord. 2016-61. Passed 10-24-16.)

1340.16   Secondary or appurtenant structures

  1. (a) All secondary or appurtenant structures shall either be maintained in good repair and free from public safety and fire hazards or shall be removed from the premises.

  2. (b) All roofs of every secondary or appurtenant structure shall be equipped with gutters and downspouts connected to a public storm sewer if available, or as otherwise approved by the Building Inspector.

  3. (c) Where foundations of secondary or appurtenant structures have deteriorated or settled to the point where wall plates or studs are rotting, they shall be replaced with foundations as required under the applicable building code.
    (Ord. 2016-61. Passed 10-24-16.)

1340.17   Rubbish and garbage disposal

  1. (a) Every occupant of a structure shall dispose of rubbish by placing it in approved receptacles or in other approved rubbish disposal facilities.

  2. (b) Every occupant of a structure shall dispose of garbage and other waste which might provide food for insects and rodents, in approved nonleakable, nonabsorbent, covered garbage storage receptacles or in other approved garbage disposal facilities.
    (Ord. 2016-61. Passed 10-24-16.)

1340.18   Vacant buildings; plant or commercial building closings

In the Limited Industrial District (Chapter 1139), Central Shopping District (Chapter 1138), Retail Business District (Chapter 1137) and Office District (Chapter 1135), or in any other non-residential district or district where such uses exist by reason of nonconforming rights, all structures shall be maintained in accordance with the following regulations regarding plant and commercial building closings which will result in vacant structures.

  1. (a) Purpose. It is the purpose of this section to establish a registration and notice procedure for buildings and structures which are anticipated to be vacated by reason of plant and business closings or tenants and businesses leaving premises, and requiring the owner to implement a notice and maintenance plan for such buildings to remedy and prevent any public safety hazard or public nuisance, prevent deterioration, and prevent a blighting or deteriorating influence on the value of adjacent properties.

  2. (b) Vacancy. A structure is considered to be vacant if for 90 days or more it is either empty, or not occupied or maintained on a regular basis by an occupant, or at the direction of the owner or occupant.

  3. (c) Windows, Doors, or Other Openings. In a vacant structure, the obstruction of any window, door or other opening by papering, soaping, or boarding up is prohibited.

  4. (d) General Requirements.

    1. (1) Notice of closing or vacancy. Within 30 days of the closing of any industry or business, and a vacancy of a structure will result, notice shall be given to the Building Inspector by the owner of the structure, and the owner shall register such building with the Building Inspector.

    2. (2) Registration of vacant structures. The owner registering the closure and impending vacancy of a building or structure shall supply the following information to the Building Inspector:

      1. (A) Name, mailing address, e-mail address and telephone number of owner.

      2. (B) Name, mailing address, e-mail address and telephone number of a designated local agent or representative.

      3. (C) Name, mailing address, e-mail address and telephone number of all persons with any legal interest in the property, building and premises.

      4. (D) Tax parcel identification number of the premises on which the building or structures are situated.

      5. (E) The address of the building.

      6. (F) Date on which the building has or will become vacant.

      7. (G) Vacant building plan as hereinafter required.

    3. (3) Vacant building plan. When a building or structure is registered as required herein, the owner shall submit a vacant building plan. The plan shall contain, as a minimum the following:

      1. (A) A plan of action to maintain the building and premises thereof in conformance with all laws of the Village and State, with reference to premises security and protection from vandalism, including the installation of knox box or key holder for immediate access by fire and police.

      2. (B) A plan for fire alarm or fire protection as required and approved by the Fire Department.

      3. (C) A plan of action to remedy any nuisances in the building or on the premises.

      4. (D) Certification of general liability insurance that will be applicable on the property during the time of vacancy.

      5. (E) Any planned changes in ownership or interest in the property.

      6. (F) A lighting plan for parking and loading areas, and nighttime illumination of areas of the building, and walkways, as determined by the Police Department.

      7. (G) A listing of any and all motor vehicles that will be located outside of the structures and on the premises along with the registration of the vehicles, ownership and verification that current registration will be maintained.

      8. (H) A plan for maintenance of all structural items, such as windows, doors and other openings, and a plan for the regular maintenance of all exterior lighting fixtures and illumination of the premises and building and walkways adjacent thereto. If a store front window is involved, a form of display shall be submitted and approved by the Building Inspector so as to avoid the appearance of a vacancy.

    4. (4) Change in ownership. The vacant building plan shall remain in effect notwithstanding a change in ownership, the new owner is require to file a new registration with the Building Inspector, and supply the name, mailing address, e-mail address and telephone number of the new owners along with any information required above that may be different from that set forth in the original plan. Registration of a new owner shall not require an additional filing fee.

  5. (e) Filing Fee Required. The vacant building or structure registration shall be filed with the Building Inspector accompanied with a one hundred dollar ($100.00) filing fee. Such fee is subject to the following:

    1. (1) Registration of a vacant building or structure shall be valid for a period of six months. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are not completed, then the owner shall re-register such building and pay another filing fee. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are completed, the owner shall re- register such building without filing a new vacant building plan or paying the filing fee.

    2. (2) If the vacant building is occupied within thirty days of the initiation of the registration period and requirements of the vacant building plan are completed, the filing fee shall be applied to the fee required for an occupancy permit.

  6. (f) Other Enforcement. The registration of a building vacancy shall not preclude action by the Village to demolish or force repair of the building pursuant to other provisions of the Building Code or other law.

  7. (g) Failure to Comply With Plan. Failure to comply with the approved plan shall constitute a violation of this section, subjecting the owner of the building to penalties as provided in this chapter.
    (Ord. 2016-61. Passed 10-24-16.)

1340.19   Appeals

  1. (a) Any person aggrieved by any order, requirement, determination or any other action by the Village in relation to enforcement or interpretation of Chapter 1340, may appeal to the Board of Zoning Appeals within ten days of such official action. Such an appeal shall be made in conformity with Chapter 1111. Written notice of appeal shall be served on the Village.
    (Ord. 2016-61. Passed 10-24-16.)

  2. (b) Any notice served by the Building Inspector shall automatically become a final order unless a written notice of appeal before the Board of Zoning Appeals is filed in the office of the Board of Zoning Appeals within the time set forth in the notice from the Building Inspector, but in no event greater than thirty (30) days after receipt of such notice. In the absence of an appeal, all actions taken shall constitute a valid exercise of the police powers of the Village of Chagrin Falls.
    (Ord. 2018-10. Passed 3-12-18.)

1340.20   Declaration of nuisance

  1. (a) For the purposes of this Building Code, any building or structure that is injurious to or a menace to the public health, safety or welfare; or is structurally unsafe, unsanitary or not provided with adequate safe egress, or constitutes a fire hazard, or is vacant and open to public entry, or otherwise seen to be a fire hazard or public safety hazard, or in relation to existing use, constitutes a hazard to the public health, safety, or welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, fire, or other disaster, or is a nuisance as defined in this Chapter, is, severally, declared to be an “unsafe structure”. Any unsafe structures or conditions is declared to be a public nuisance.

  2. (b) The public nuisance shall be abated by correction of the violations to the minimum standards of the Codified Ordinances of the Village of Chagrin Falls, Ohio, applicable rules and regulations, the Ohio Revised Code and the Ohio Administrative Code, including the Ohio Building Code, or by demolition.
    (Ord. 2018-10. Passed 3-12-18.)

1340.21   Examination and condemnation

  1. (a) The Building Inspector is authorized to examine or cause to be examined every building or other structure reported to be unsafe or damaged or injurious to or a menace to the public, and shall make a written record of the examination. The Building Inspector may designate as a public nuisance any structure or condition found to be unsafe pursuant to paragraph 1 of this section.

  2. (b) The Building Inspector may also declare that an unsafe structure which, due to its advanced state of dilapidation, substantial fire damage or structural infirmity, is an immediate hazard to human life or health, may only be abated by immediate repair and rehabilitation to the minimum standards of the Codified Ordinances of the Village of Chagrin Falls, applicable Village rules and regulations, the Ohio Revised Code, and the Ohio Administration Code, including the Ohio Building Code, or by demolition.
    (Ord. 2018-10. Passed 3-12-18.)

1340.22   Securing of structures

  1. (a) Whenever the Building Inspector finds a vacant structure open to entry at doors, windows or other points accessible to the general public, the Building Inspector may cause the structure to be secured at those points of entry. The Building Inspector shall be authorized at any time to enter the premises to secure the structure in order to lessen the severity of the public nuisance. In the event the property owner refuses entry onto the premises, the Building Inspector shall use all available remedies authorized by a court of competent jurisdiction granting access necessary to carry out this section.

  2. (b) In securing the structure, the Building Inspector may call upon any employee of the Village of Chagrin Falls for whatever assistance may be necessary, or may, by private contract, secure such structure and may notify utilities to shut off service to the property pursuant to Chapter 1340. Unless so declared in writing by the Building Inspector, such securing shall not be deemed to constitute “effective boarding” under this section, and it does not abate the nuisance condition of an unsafe structure, as declared under division (1) of this section. Later notice, issued under Section 1340.08, shall include the fact that the Building Inspector found it necessary to take appropriate action to secure the structure.
    (Ord. 2018-10. Passed 3-12-18.)

1340.23   Vacating building and prohibiting use

In the notice issued pursuant to Section 1340.08, the Building Inspector may also require that the building, structure or a portion of those be vacated, not be reoccupied, or used until the specified repairs and improvements are completed, inspected, and approved by the Building Inspector. The Building Inspector may cause to be posted at each entrance to the building or structure a notice as follows: “THIS STRUCTURE IS IN A DANGEROUS CONDITION AND HAS BEEN CONDEMNED AND ITS USE HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR FOR THE VILLAGE OF CHAGRIN FALLS.” The notice shall remain posted until the required corrections are made or demolition is completed. No person shall remove the notice without written permission of the Building Inspector, nor shall any person use or enter the building or structure except for the purpose of making the required corrections or demolishing or effectively boarding the building or structure, or securing the structure pursuant to Chapter 1340.
(Ord. 2018-10. Passed 3-12-18.)

1340.24   Noncompliance with notice

  1. (a) In the event the owner, agent or person in control fails, neglects or refuses to comply with the notice to repair or rehabilitate, or to demolish and remove a public nuisance or unsafe building, structure or a portion of those, the Building Inspector may take appropriate action to demolish and remove an unsafe structure or to remove or abated any condition that is defined as a nuisance under this chapter. The Building Inspector may, with respect to any unsafe structure, also take appropriate action to effectively board the structure, or to secure it pursuant to Chapter 1340.

  2. (b) The Building Inspector shall specifically state in writing the findings with respect to the structure, and shall determine whether to secure or to effectively board, based on factors which may include the following: the distance of the structure from neighboring structures, the type of structure, the extent to which the structure is secured, the likelihood of vandalism or arson, the extent of the deterioration, the economic likelihood of eventual rehabilitation of the structure, or cost of securing or effectively boarding the structure.

  3. (c) In the event the owner, agent or person in control fails, neglects or refuses to comply with the notice to repair or rehabilitate, or to demolish and remove a public nuisance or unsafe building, structure or a portion of those, or to remove or abate any other condition that is defined as a nuisance under this chapter, the Building Inspector may take appropriate action to take repair or maintenance measures or cause utility services to be shut-off pursuant to Chapter 1340 or to otherwise abate the public nuisance.

  4. (d) The Building Inspector shall specifically state in writing the findings with respect to the structure, and shall determine whether to perform repair or maintenance based on factors which may include the following: the distance of the structure from neighboring structures, the type of structure, the extent to which the structure is secured, the likelihood of vandalism or arson, the extent of the deterioration, the economic likelihood of eventual rehabilitation of the structure.

  5. (e) Except as otherwise provided in this section, the Building Inspector shall give written notice informing the owner, agent, or person in control, mortgagee of record and lien holders of record of the Village’s intention to demolish and remove the unsafe building or structure at least thirty (30) days before the intended action by the Village. The notice may be effective concurrently with the violation notice.

  6. (f) In the event a condemned structure, is effectively boarded by the owner pending rehabilitation and it later becomes open to entry, then upon determination by the Building Inspector that the structure can no longer be effectively boarded, the structure may then be demolished and removed, subject to the Building Inspector giving written notice as stated in Chapter 1340.

  7. (g) Whenever a structure is demolished, whether carried out by the owner or by or on behalf of the Village, such demolition shall include the filling in of the excavation remaining on the property on which the demolished dwelling was located pursuant to the requirements of the Codified Ordinances including, but not limited to the requirements of Chapter 901.

  8. (h) Any and all expenses or costs, including but not limited to attorney’s fees, costs of inspection, administrative staff and support staff, property maintenance costs, court costs, title search fees, process server fees, skip tracing expenses, and costs of collection or prosecution, including discovery and deposition expenses, incurred pursuant to this chapter relating to the demolition, repair, alteration, securing or boarding of a structure or for abating any other nuisance shall be paid by the owner of such structure.

  9. (i) Any and all owners of an unsafe structure, who appear in the chain of title from the time of receipt of a notice of condemnation until demolition of the building or structure, shall be jointly and severally responsible for all costs and expenses incurred relating to the demolition and all costs and expenses of prosecution or collection related thereto.

  10. (j) If within thirty (30) days from the date the Building Inspector sends a statement of charges and costs incurred to the last known address of the property owner or the tax mailing address listed at the Fiscal Officer’s office as the custodian of the real property tax records for Cuyahoga County, the owner fails to pay for the costs of removal, repair, alteration, securing or boarding or of inspections of violations that have not been remedied, including, but not limited to, demolition and enforcement of Chapter 1340, the Building Inspector may certify the amount to the Village Fiscal Officer. The Village Fiscal Officer may make written return to the County Fiscal Officer of the action under this section with a statement of the charges for services, the amount paid for the performing of labor and a proper description of the premises including all costs to be paid by the property owner pursuant to this chapter, including the total cost of all abatement activity as defined in Revised Code Section 715.261.

  11. (k) Certification to the County Fiscal Officer is for the purpose of making expenses and costs a lien upon the lands, to be collected as other taxes and returned to the Village with the General Fund, with special accounting under Revised Code Section 715.261. Notwithstanding the method of collection set forth in this division, the Director of Law, in the Director’s sole discretion, may take any action necessary to collect the costs of demolition, boarding, or other nuisance abatement from the owner or other responsible party, including but not limited to filing of legal proceedings, referring the amount due for collection action, including filing civil complaints, and initiating post judgment execution actions.
    (Ord. 2018-10. Passed 3-12-18.)

1340.25   Utility services

  1. (a) Any structure determined by the Building Inspector to be vacant and unsafe as defined in this chapter and for which utility service, including gas, electric, water, and sewer or other utility as identified by the Building Inspector, has not been shut-off poses an immediate risk of harm from explosion, fire, or flooding and is therefore declared to be a nuisance which shall be abated by shut-off of all utility service to such structure.

  2. (b) When notified by the Building Inspector or designee, no Utility shall fail to shut-off its service to any vacant and unsafe structures within ten (10) calendar days of receipt of written notice.

  3. (c) Notice shall be served on the Utility by certified mail, or e-mail address acknowledged by the Utility as a proper means of providing notice to the Utility. The handing of the notice to the person designated to receive the notice shall be deemed actual notice and is legal and valid service and no other form of service is necessary. It shall be the responsibility of the Utility to designate a person to receive the notice provided for in this section. Beginning July 1, 2018, and as often as necessary to ensure that the Village has current information, all gas and electric utility providers shall provide to the Building Inspector the name, address, telephone number, and e- mail address of the person designated to receive Village notices.

  4. (d) No later than two (2) business days following the utility service shut-off, the Utility shall notify the Building Inspector of the date and time that the Utility shut-off the utility service. The notice will be in the form requested by the Building Inspector.

  5. (e) For the purposes of this section:

    1. (1) “Utility” means any company in the business of providing electric, water, sanitary sewer, gas, telephone, cable or other utility service to a building or structure.

    2. (2) “Vacant” means that no person actually and legally resides in any part of the structure or that no person conducts a lawful business in any part of the structure.

    3. (3) “Shut-off” means to stop the flow of gas, electricity, water, sanitary sewer, or other utility service from entering the premises. For underground utilities, shut-off shall be accomplished by disconnecting the service at the street and for overhead utilities, disconnection shall be at the pole.

  6. (f) In the event of any actual or threatened violation of this section or in an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate such violation or remedy such situation.

  7. (g) The Building Inspector may promulgate rules and regulations to enforce this section.
    (Ord. 2018-10. Passed 3-12-18.)

1340.99   Penalty

Any person violating any provision of this chapter is guilty of a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(Ord. 2016-61. Passed 10-24-16.)