PMC

The Village of Spencerville has adopted a set of Property Maintenance Codes. If you have any questions, regarding these codes contact the Spencerville Police Department at 419-647-4141, between the hours of 8:00 a.m. to 12:00 p.m., Monday through Friday . If you would like to mail an anonymous complaint about a certain property, please fill out the complaint form and mail it to: Village of Spencerville, Attn: PMC,116 S. Broadway, Spencerville, Ohio 45887. You may also e-mail any complaints to Jim Rex. These codes are subject to change without notice.

CHAPTER 1402

Rules of Construction and Definitions

1402.01 Rules of Construction. 1402.02 Definitions

______________________________________________________________________________

1402.01 RULES OF CONSTRUCTION.

(a) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this Property Maintenance Code (PMC), have the meanings shown in this chapter.

(b) Interchangeability. Words stated in the present tense include the future; words stated in masculine gender include the feminine and the neuter; the singular number includes the plural and the plural the singular.

(c) Terms Defined in Other Parts. Where terms are not defined in this chapter and are defined in other chapters of this PMC, or are defined in any of the building, plumbing and mechanical codes listed in Chapter 1426, such terms shall have the meanings ascribed to them in those chapters or codes. In the event there is a conflict between the definition of a term in any code listed in Chapter 1426 and the definition listed in any section or chapter of this PMC, then the definition in this PMC shall prevail.

(d) Terms Not Defined. Where terms are not defined in this PMC, or in any of the building, plumbing and mechanical codes listed in Chapter 1426, such terms shall have ordinarily accepted meanings such as the context implies.

(e) Terms to Include “Or Any Part Thereof”. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “story” and “structure” are used in this PMC, they shall be construed as though they were followed by the words “or any part thereof.”

1402.02 DEFINITIONS.

As used in this PMC, the following words and terms shall have the meanings respectively ascribed them herein:

(1) Approved: Approved by the Code Official.

(2) Basement: That portion of a structure which is partly or completely below ground.

(3) Bathroom: A room containing plumbing fixtures, including but not limited to a bathtub, shower, sink or toilet.

(4) Building: Any structure occupied or intended for supporting or sheltering any occupancy, or any vacant structure.

(5) Building Code: The Building Code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of this jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition or location of the buildings or structures.

(6) Code Official: The Code Official is the Director of the PMC or any person duly authorized by him to administer or enforce the provisions of the PMC.

(7) Condemn: To determine as unfit for occupancy.

(8) Construction documents: All the written, graphic, or pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale.

(9) Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.

(10) Dwelling: Any type of structure occupied or intended for occupancy by any person for purposes of living or sleeping therein, such as a dormitory, dwelling unit, hotel, one-family dwelling, rooming house, rooming unit, apartment house, or complex, condominium, duplex or two family dwelling.

(11) Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking and sanitation.

(12) Exterior property area: The open or unoccupied land of a premises, and any adjoining property under control of owners or operators of such premises.

(13) Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating or trapping; or by any other approved past elimination methods.

(14) Family: An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.

(15) Garbage: the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food or food products.

(16) Habitable space: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas, are not considered habitable spaces.

(17) Hotel: Any building containing six or more guest rooms, intended or designed to be occupied, for sleeping purposes by guests.

(18) Infestation: The presence, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests.

(19) Junk: “Junk” means any worn out, cast-off or discarded article, or material which is ready for disposal or destruction, or which has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk. Portions of junk motor vehicles, such as hoods, fenders, radiators, rims, motors, etc., not being utilized for the repair of a motor vehicle, shall be considered junk.

(20) Let for occupancy or let: To permit possession or occupancy of a dwelling, building or structure by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the land of sale.

(21) Occupancy: The purpose for which a structure or portion thereof is utilized or occupied.

(22) Occupant: Any person living or sleeping in a dwelling, building or structure, or having possession of a space therein.

(23) One-family dwelling: A building containing one dwelling unit.

(24) Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoor.

(25) Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

(26) Owner: Any person, agent, operator, firm, corporation or other legal entity having a legal or equitable interest in the property, or recorded in the official records of the state, county or municipality as holding legal title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, a trustee, or receiver if ordered to take possession or control of real property by a court.

(27) Person: An individual , corporation, firm, partnership, trustee, receiver, joint venture or any other group or entity.

(28) Plumbing: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in Chapter 1426.

(29) Plumbing fixture: A receptacle or device which is either permanently or temporarily connected to the water distribution system of a premises and which demands a supply of water therefrom, or which discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises, or which requires both a water supply connection and a discharge to the drainage system of the premises.

(30) Premises: A lot, plot, parcel, or area of land, including the interior and exterior of any structures thereon.

(31) Public nuisance: Includes any of the following, as may be determined by the Code Official:

(A.) The physical condition or occupancy of any premises regarded as a public nuisance at common law, or as determined by statute.

(B.) Any physical condition or occupancy of any premises or its appurtenances considered to be an attractive nuisance to children including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures.

(C.) Any premise that has unsanitary sewerage or plumbing facilities.

(D.) Any premise that is determined to be unfit for human habitation.

(E.) Any premise that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property.

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

(G.) Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has uncontrolled growth of weeds.

(H.) Any structure that is in a state of dilapidation, deterioration or decay; that has faulty construction; that is overcrowded; that is open, vacant or abandoned; that is damaged by fire to such an extent that it does not provide shelter; that is in danger of collapse or failure; or that is dangerous to anyone in or near the premises.

(32) Registered design professional: An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state in which the project is to be constructed.

(33) Rooming house: A building arranged or occupied for lodging for compensation, and not occupied as a one-family dwelling or a two-family dwelling.

(34) Rooming unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living.

(35) Rubbish: Combustible or noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke or other combustible materials and shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials.

(36) Structure: That which has been, or is being, built or constructed, or a portion thereof.

(37) Toilet room: A room containing a toilet or urinal, but not a bathtub or shower.

(38) Two-family dwelling: A building containing two dwelling units.

(39) Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

(40) Weeds:

(A.) “Weeds” are all grasses, annual plants and vegetation, other than trees, shrubs and cultivated flowers and gardens.

(B.) “Noxious or harmful weeds or vines” means ragweeds, goldenrod, burdock, yellow dock, thistles, wild carrot, and any other weed or vegetable which exhales offensive or noxious odors or from which there is carried by the wind injurious, offensive or annoying pollen, dust, down, seed or particle, or which may conceal filthy deposits.

(41) Workmanlike: Executed in a generally acceptable and skilled manner, e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.

(42) Yard: An open area of land on the same premises with a structure, or vacant premises.

CHAPTER 1404

General Provisions and Administration

1404.01 Title. 1404.21 Identification.

1404.02 Purposes. 1404.22 Coordination and Enforcement;

1404.03 Intent. 1404.23 Rule-making authority.

1404.04 Referenced standards. 1404.24 Organization.

1404.05 Existing remedies. 1404.25 Restriction on employees.

1404.06 Workmanship. 1404.26 Relief from personal Responsibility.

1404.07 Application of other codes.

1404.08 Severability. 1404.27 Unlawful acts.

1404.09 Saving clause. 1404.28 Prosecution

1404.10 Maintenance required. 1404.29 Notice to owner or to person

1404.11 Approved materials and equipment. 1404.30 Form.

1404.12 Modifications. 1404.31 Method of Service.

1404.13 Records 1404.32 Transfer of ownership.

1404.14 Material and equipment re-use. 1404.33 Appeals.

1404.15 Alternative materials and equipment. 1404.34 Administrative action.

1404.16 Research and investigations. 1404.35 Court review.

1404.17 Authority of Code Official generally. 1404.36 Responsibility of owner.

1404.18 Authority of Code Official re notices 1404.99 Penalty and orders

1404.20 Access by owner or operator.

1404.01 TITLE.

This Part Fourteen of this PMC shall be known as the Property Maintenance Code of Spencerville, Ohio, hereinafter referred to as “this Code” or the “PMC”.

1404.02 PURPOSES.

The purposes of this Code are to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises, by establishing minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life, safety, safety from fire and other hazards, and safe and sanitary maintenance; to fix the responsibility of owners, operators, and occupants; to regulate the occupancy of existing structures and premises; and to provide for administration, enforcement and penalties.

1404.03 INTENT.

This Code shall be construed so as to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with this Code shall be altered or repaired to provide a minimum level of health and safety required herein.

1404.04 REFERENCED STANDARDS.

The standards referenced in this Code and listed in Chapter 1426 shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the provisions of referenced standards, the provisions of this Code shall apply.

1404.05 EXISTING REMEDIES.

The provisions of this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.

1404.06 WORKMANSHIP.

All repairs, maintenance work, alterations and installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner.

1404.07 APPLICATION OF OTHER CODES.

Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provision of the building, plumbing and mechanical codes and NfiPA 70 listed in Chapter 1426.

1404.08 SEVERABILITY.

If any section, subsection, paragraph, sentence clause or phrase of this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code are hereby declared to be severable.

1404.09 SAVING CLAUSE.

This Code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be removed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

1404.10 MAINTENANCE REQUIRED.

All equipment, systems, devices and safeguards required by this Code or a previous statute or code for a structure or premises when erected or altered shall be maintained in good working order. 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.

1404.11 APPROVED MATERIALS AND EQUIPMENT.

All materials, equipment and devices approved by the Code Official shall be constructed and installed in accordance with such approval.

1404.12 MODIFICATIONS.

Where there are practical difficulties involved in carrying out structural or mechanical provisions of this Code, the Code Official shall have the right to vary or modify such provisions upon the application of the owner or the owner’s representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare are assured.

1404.13 RECORDS.

The application for modification and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the Spencerville Mayor’s Office.

1404.14 MATERIAL AND EQUIPMENT RE-USE.

Materials, equipment and devices shall not be re-used unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.

1404.15 ALTERNATIVE MATERIALS AND EQUIPMENT.

The provisions of this Code are not intended to prevent the installation of any material or 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 when the Code Official finds that the proposed design is satisfactory and complies with the intent of this Code, and that the material, method of 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.

1404.16 RESEARCH AND INVESTIGATIONS.

Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the purposed installation, the Code Official shall approve such alternative, subject to the requirements of this Code. The cost of all tests, reports and investigations required under this Code shall be paid by the applicant.

1404.17 AUTHORITY OF CODE OFFICIAL GENERALLY.

The Code Official shall enforce all the provisions of this Code.

1404.18 AUTHORITY OF CODE OFFICIAL RE-NOTICES AND ORDERS.

The Code Official shall issue all necessary notices and orders to ensure compliance with this Code.

1404.20 ACCESS BY OWNER OR OPERATOR.

Every occupant of a structure or premises shall give the owner or operator thereof, or his agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this Code.

1404.21 IDENTIFICATION.

The Code Official shall carry proper identification when inspecting structures or premises and otherwise when in the performance of duties under this Code.

1404.23 RULE-MAKING AUTHORITY.

The Code Official shall have power, as necessary in the interest of the public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret, implement and enforce 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 effect of waiving structural or fire performance specifically provided for in this Code or of violating accepted engineering practice involving public safety.

1404.24 ORGANIZATION.

The Code Official shall appoint such a number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this Code and as authorized by the appointing authority. The Code Official is authorized to designate an employee as deputy who shall exercise all the powers of the Code Official during the temporary absence or disability of the Code Official. As authorized by the appointing authority.

1404.25 RESTRICTION ON EMPLOYEES.

An official or employee connected with the enforcement of this Code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents, unless that person is the owner of the building, nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Spencerville Mayor’s Office.

1404.26 RELIEF FROM PERSONAL RESPONSIBILITY.

The Code Official, officer or employee charged with the enforcement of this Code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted pursuant to the provisions of this Code, and any officer of the PMC, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

1404.27 UNLAWFUL ACTS.

No person, firm or corporation shall erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let another to occupy, or permit another person to occupy, any structure or equipment regulated by this Code, or cause the same to be done, contrary to, in conflict with or in violation of any provisions of this Code, or fail to obey a lawful order of the Code Official, or remove or deface a placard or notice posted under the provisions of this Code.

1404.28 PROSECUTION.

In case of any unlawful acts the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in Section 1404.99. Also, the Code Official shall ask the jurisdiction’s legal representative to proceed at law or in equity, including injunctive relief, against the persons responsible for the violation for the purpose of ordering that person:

(a) To restrain, correct or remove the violation or refrain from any further violations;

(b) To restrain or correct the erection, installation, maintenance, repair of alteration of such premises or structure;

(d) To prevent the occupancy of the structure that is not in compliance with the provisions of this code.

1404.29 NOTICE TO OWNER OR TO PERSON OR PERSONS RESPONSIBLE.

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 to the owner or the person or persons responsible therefore in the manner prescribed in Sections 1404.30 and 1404.31. Notices for condemnation procedures shall also comply with Section 1416.06. Where appropriate in the discretion of the Code Official, such notice may also be posted at a suitable location in or on the premises if the Code Official determines such posting will provide additional notice to the owner or the person or persons responsible for the violation.

1404.30 FORM.

The notice prescribed in Section 1404.29 shall:

(a) Be in writing;

(b) Include a description of the real estate sufficient for identification;

(d) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provisions of this Code; and

(e) Include a statement notifying the person of any administrative appeal rights and procedures.

1404.31 METHOD OF SERVICE.

The notice prescribed in Section 1404.29 shall be served by one of the following methods:

(a) Delivery by personal service upon the person to whom the notice is directed or such person’s agent; or,

(b) Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice. If the notice is returned showing that the letter was not delivered because the addressee no longer lives there or is unknown, or because a wrong address was used, and no other address is known then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published once in the Spencerville News Journal.. When such a notice is so published, any time periods referenced in the notice shall commence from the date of the publication. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the premises shall constitute service of notice upon the owner.

1404.32 TRANSFER OF OWNERSHIP.

No owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of the 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, 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.

1404.33 APPEALS.

Any person adversely affected by a ruling order of the Code Official may file an appeal with the Board of Building Appeals. The appeal shall be in writing, shall state the reasons for the appeal, and shall be received by the Board no later than ten (10) days from the date of the ruling or order of the Code Official. The Board shall hear the appeal in the manner required by law.

1404.34 ADMINISTRATIVE ACTION.

The Code Official shall take immediate action accordance with the decision of the Board Of Building Appeals.

1404.35 COURT REVIEW.

Any person adversely affected by a ruling or order of the Board of Building Appeals, including the Code Official, shall have the right to appeal to the appropriate court in the manner and time required by law following the filing of the decision of the Board in the Spencerville Mayors office.

1404.36 RESPONSIBILITY OF OWNER.

Unless otherwise specifically stated in this Code, the owner of a premises is ultimately responsible for any violation of this Code.

1404.99 PENALTY.

(a) Any person who violates a provision of this Code shall, upon conviction thereof, be subject to the following penalties:

(1) For a first conviction a minor misdemeanor, and shall be fined from Spencerville Mayor’s court, not more than ($100.00) plus court costs.

(2) For a second conviction, a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.

(3) For a third conviction, a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.

(4) For a fourth conviction, a misdemeanor of the second degree, and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.

(5) For a fifth or subsequent conviction, a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both.

(b) A separate offense shall be deemed committed each day during or on which a violation occurs or continues after due notice has been served.

CHAPTER 1406

General Requirements for Exterior Property Areas

1406.01 Sanitation. 1406.09 Weeds.

1406.02 Infestation. 1406.10 Notice to cut; service.

1406.03 Grading and drainage. 1406.11 Failure to comply after notice.

1406.04 Sidewalks and driveways. 1406.12 Prosecution despite cutting.

1406.05 Removal of snow and ice from sidewalks. 1406.13 Tree and branches overhanging streets.

1406.06 Barricades and warning lights; abandoned excavations 1406.14 Motor Vehicles

1406.07 Exhaust vents. 1406.15 Parking vehicles and trailers containing junk.

1406.08 Storage and accumulation of junk 1406.16 Prohibition against junk motor and similar materials on private

vehicles; exceptions. property, notice to remove.

______________________________________________________________________________

1406.01 SANITATION.

All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean, safe and sanitary condition. Nothing herein shall abrogate the ultimate responsibility of the owner, as set forth in Section 1404.36.

1406.02 INFESTATION.

All structures and exterior property areas shall be kept free from rat, vermin, insect or other pest infestation. Where rats, vermin, insects or other pests are found, they shall be promptly removed or exterminated by approved processes which will not be injurious to human health. After removal or extermination, proper precautions shall be taken to prevent re-infestation.

1406.03 GRADING AND DRAINAGE.

All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon. This section shall not apply to water retention areas and reservoirs approved by the Code Official.

1406.04 SIDEWALKS AND DRIVEWAYS.

All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections 1408.10 and 1424.11.

1406.05 REMOVAL OF SNOW AND ICE FROM SIDEWALKS.

(a) The owner, occupant or any person having the care of any building, lot or land abutting on any street, square or other public way within the Village, where there is a sidewalk in front of or alongside the same, shall, within the first four hours after daylight after snow has ceased to fall, cause such snow to be removed from such sidewalk. The provisions of this section shall also apply to the falling of snow or ice from buildings upon such sidewalks.

(b) Whenever the sidewalk or any part thereof adjoining any building, lot or land on any street is encumbered with sleet and ice, it shall be the duty of the owner, occupant or any person having care of any such building or lot to cause such sidewalk to be made safe and convenient by removing ice there from or by covering the same with sand, salt or other suitable substances.

1406.06 BARRICADES AND WARNING LIGHTS; ABANDONED EXCAVATIONS.

(a) No person shall abandon or permit to remain on public or private property, any excavation, well or cesspool, or a structure which is in the process of construction, reconstruction, repair or alteration, unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.

(b) Prior to the placement of any such barricade on public streets or grounds, a permit must be obtained in accordance with The Ohio Revised Code.

(c) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.

(d) No owner or person in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build, or any other reason, shall fail to cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.

(e) If the owner or person to whom a notice is directed requiring them to fill the basement, cellar, well or cistern, or other type of excavation fails to comply with the requirements of the notice, the Code Official may cause said basement, cellar, well or cistern, or other type of excavation to be filled, and may employ the necessary labor to perform such task. All expenses shall consist of the following:

(1) All direct costs for the filling of such items; plus,

(2) The costs for preparing and servicing all notices; plus,

(3) An administrative fee of one hundred dollars ($100.00).

(f) In the event that the owner or other appropriate person fails to pay such expenses within thirty (30) days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (E) may be collected using one or more of the following methods, provided however the expenses may only be collected once:

(1) Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(g) The remedies provided in this section shall be in addition to the penalty provided in Section 1404.99, and any other remedy allowed by law.

1406.07 EXHAUST VENTS.

Pipes, ducts, conductors, fans and blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

1406.08 STORAGE AND ACCUMULATION OF JUNK AND SIMILAR MATERIALS ON PRIVATE PROPERTY AND NOTICE TO REMOVE.

(a) No person shall cause or permit garbage, rubbish, tree or bush branches or trimmings, brush, cast-off or discarded articles, litter junk, materials which are ready for destruction, or which have been collected for salvage or conversion to some other use, to be stored, kept or placed outside any structure, or on any premises, except where permitted by zoning ordinances.

(b) Upon receipt of information that subsection (a) hereof is being violated, the Code Official shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him that the offending articles and/or materials must be removed within ten days after service of such notice.

(c) The form of such notice shall comply with the provisions of Section 1404.30 and shall be served in accordance with Section 1404.31.

(d) If the person to whom a notice is directed fails to comply with the requirements of the notice, the Code Official shall cause such offending articles and/or materials to be removed from the premises and may employ necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

(1) All direct costs for the removal of such items; plus

(2) The costs for preparing and serving all notices; plus

(3) An administrative fee of one hundred dollars ($100.00)

(e) In the event that the owner or other appropriate person fails to pay such expenses within thirty days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (d) hereof may be collected using one or more of the following methods, provided, however, that the expenses may be collected only once:

(5) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(f) The remedies provided in this section shall be in addition to the penalty provided in Section 1404.99 and any other remedy allowed by law.

1406.09 WEEDS.

(a) The owner or occupant of any premises shall maintain such premises and exterior property free from grass and/or weeds in excess of eight inches.

(b) The owner or occupant of any premises shall maintain such premises and exterior property free from all noxious or harmful weeds or vines. In excess of eight inches.

1406.10 NOTICE TO CUT; SERVICE.

(a) Upon information that noxious or harmful weeds or vines or grass or weeds in excess of the maximum allowable height, are growing on land within the Village, the Code Official shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land notifying him that noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, are growing on such land that they must be cut and destroyed within five days after the service of such notice.

(b) The form of such notice shall comply with the provisions of Section 1404.30 and shall be served in accordance with Section 1404.31.

1406.11 FAILURE TO COMPLY AFTER NOTICE.

(a) If the person to whom the notice referred in Section 1406.10 is directed fails to comply with the terms of such notice, the Code Official shall cause such noxious and harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, to be cut and destroyed and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

(1) All direct costs for the cutting and/or destruction of the noxious or harmful weeds or vines, or grass or weeds; plus,

(2) The cost for preparing and serving all notices; plus

(3) An administrative fee of one hundred dollars ($100.00).

(4) Costs for injuries to employees

(5) Costs for damages to equipment.

(b) In the event that the owner or other appropriate person fails to pay such expenses within thirty (30) days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (a) may be collected using one or more of the following methods, provided however the expenses may only be collected once:

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(c) The remedies provided in this section shall be in addition to the remedies available in Section 1404.28 and the penalty provided in Section 1404.99.

1406.12 PROSECUTION DESPITE CUTTING.

The cutting and destroying of noxious or harmful weeds or vines, or grass or weeds in excess of the maximum allowable height, by the owner, occupant or other person having charge of the land in question, pursuant to the requirements of the notice provided for in Section 1406.10 shall not constitute a bar to prosecution.

1406.13 TREE BRANCHES OVERHANGING STREETS.

The branches of all shade or ornamental trees located on private property within the Village limits shall not be allowed to grow nearer than sixteen feet to the line of the established grade of the street or within sixteen feet from the surface of the earth upon any street upon which a grade has not been established. The branches of trees extending downward to a point nearer than sixteen feet to the surface of the earth upon any street where there is no established grade, are hereby declared to be a nuisance and the owners of the abutting lot or land shall cause the same to be removed or such nuisance shall be abated according to law.

1406.14 MOTOR VEHICLES.

(a) Except as provided for in the Zoning Ordinance for the Village of Spencerville, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

(b) No motor vehicle shall be parked, kept, or stored on any non-paved or non-asphalted or non stoned portion of the front or side yard of any premises.

(c) This section shall not apply to a vehicle under major mechanical repair or overhaul, including body work, provided that such work is performed inside a structure which is appropriate to be used for such purposes in accordance with zoning, building, fire, or other applicable codes.

1406.15 PARKING OF VEHICLES AND TRAILERS CONTAINING JUNK.

No person shall place, park, stop or stand, in or upon any highway, street, alley or private property within the Village, any vehicle or trailer upon or in which is deposited, collected, stored or maintained any junk, except when the person in charge or control of such vehicle or trailer is in the actual and immediate act of loading or unloading junk upon, in or from the vehicle or trailer. As used in this section, “vehicle” and “trailer” shall have the same definitions as provided in the Zoning Ordinance for the Village of Spencerville.

1406.16 PROHIBITION AGAINST JUNK MOTOR VEHICLES; EXCEPTIONS.

(a) For the purpose of this section, the following definitions shall apply:

(1) “Junk motor vehicle” means any motor vehicle meeting any three of the following criteria:

A. Five years or older

B. Partially dismantled.

C. Inoperable.

D. Fair market value of less than three hundred dollars ($300.00).

E. Unlicensed or improperly licensed.

(2) “Partially dismantled” means, but is not limited to the following:

A. Missing engine.

B. Missing battery.

C. Missing transmission.

D. Missing door, fenders, or hood.

E. Missing wheels or on blocks.

F. Missing tires or deflated tires.

G. Missing or broken windshield or windows.

(3) “Inoperable” means any motor vehicle incapable of being propelled under its own power. Any motor vehicle that has not been moved for thirty (30) consecutive days shall be presumed inoperable.

(4) “Collector’s vehicle” means any motor vehicle or agricultural tractor or traction engine of special interest having a fair market value of five hundred dollars ($500.00) or more, whether operable or not, that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector’s item, leisure pursuit, or investment, but not as the owner’s principal means of transportation.

(b) No vehicle owner or person in charge or control of any premises within the Village, whether as owner, tenant, lessee, occupant, or otherwise, shall allow any junk motor vehicle to remain upon any premises longer than ten (10) days after receipt of written notice to remove the junk motor vehicle from such premises. The written notice shall be issued to the property owner and/or owner of such vehicle by an officer of the Police Department or by the Code Official. Such written notice shall contain:

(1) The name of the property owner.

(2) The property address at which the junk motor vehicle is located.

(3) The make and model of the vehicle.

(4) The license plate number, if any.

(5) The vehicle identification number (VIN), if available.

(6) A description of the condition of said vehicle.

(7) A statement to the effect that the person in charge or in control of the private property upon which such a vehicle is located and the titled owner of such vehicle are jointly and severally liable for all costs incurred by the Village for the removal, storage, and disposal of such vehicle, plus an administrative fee of one hundred dollars ($100.00), per vehicle.

(8) A notice of any right to appeal.

(d) If the owner, lessee, agent, or person having charge of the land, or the title owner of the motor vehicle, served with the notice fails to remove such junk motor vehicle, and officer of the Police Department or the Code Official approved by the Chief of Police is authorized to remove and impound any junk motor vehicle remaining at any place within the Village in violation of this section. Such junk motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with Ohio R.C. 4513.63. Upon impounding of a junk motor vehicle a photograph shall be taken.

(e) All expenses related to the removal and impoundment of such junk motor vehicle by the Village shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

(1) All direct costs for the removal and impoundment of the vehicle; plus,

(2) The costs for preparing and serving all notices; plus,

(3) An administrative fee of one hundred dollars ($100.00) per vehicle.

(f) In the event that the owner or other appropriate person fails to pay such expenses within thirty (30) days after being notified in writing , by regular U.S. mail, of the amount thereof by the Code Official, the expenses set forth in subsection (a) may be collected using one or more of the following methods, provided however the expenses may only be collected once:

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(g) The owner, lessee, agent, tenant, or person otherwise having charge or control of such premises, and the titled owner of such vehicle, are jointly and severally liable for all expenses of the Village as set forth in subsection (e) hereof.

(h) The movement of a vehicle in violation of this section to any other location within the Village limits that does not abate the violation under this section shall not constitute compliance with this section.

(i) The provisions of this section shall not apply to the deposit, parking, storage, maintenance, or collection of junk motor vehicles in an enclosed building in a regularly established junk yard in any area of the Village in which the same is permitted under the Zoning Ordinance, or to a collector’s vehicle as described in subsection (a) of this section.

(j) Any person in charge or control of any premises within the Village, whether as owner, tenant, lessee, occupant, or otherwise, shall completely conceal any collector’s vehicle stored on the property by means of storage inside buildings or fences which comply with all building and zoning ordinances and all building codes.

(k) Except as allowed in subsections (b) and (i) hereof, the deposit, parking, storage, maintenance, or collection of junk motor vehicles on private property is hereby declared to be a public nuisance and offensive to public health, welfare, and safety of the residents of the Village.

(1) Any person who has received a notice to remove a junk vehicle may appeal to the Board of Appeals. An appeal must be filed within five (5) days after service of the notice, excluding Saturdays, Sundays, and holidays, together with a fee of twenty-five dollars ($25.00) for the cost of the appeal. The twenty-five dollars ($25.00) will be refunded if the appeal is successful. The scope of the appeal shall be limited to determining whether the person requesting such appeal is in charge or control of the private property involved, or is the titled owner of said vehicle, and whether such vehicle is a junk motor vehicle as charged. At such appeal the appellant must appear in person, and the Village and the appellant may introduce such witnesses and evidence as each party deems necessary. The appeal provision provided herein shall be the exclusive method of appeal of notices in violations of this section, notwithstanding the method of appeal set forth in Section 1404.33.

(m) The remedies provided in this section shall be in addition to the remedies available in Section 1404.28 and the penalty provided in Section 1404.99.

1406.17 OUTDOOR USE OF FURNITURE

Furniture that is not specifically constructed or intended for outdoor use shall not be kept or stored outdoors on any premises.

CHAPTER 1408

General Requirements for Exterior Structure

1408.01 In general. 1408.10 Handrails and guards.

1408.02 Street numbers. 1408.11 Window and door frames.

1408.03 Structural members. 1408.12 Insect screens.

1408.04 Foundation walls. 1408.13 Doors.

1408.05 Exterior walls. 1408.14 Basement hatchways.

1408.06 Roofs and drainage. 1408.15 Guards for basement windows.

1408.07 Decorative features. 1408.16 Accessory structures.

1408.08 Overhang extensions.

1408.09 Chimneys and towers.

______________________________________________________________________________

1408.01 IN GENERAL.

The exterior structure shall be maintained in good repair, structurally sound and sanitary, so as not to pose a threat to the public, health, safety or welfare.

1408.02 STREET NUMBERS.

Each structure to which a street number has been assigned shall have such a number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least three inches (76mm) high and one-half inch (13mm) stroke.

1408.03 STRUCTURAL MEMBERS.

All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

1408.04 FOUNDATION WALLS.

All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats, pests or other animals.

1408.05 EXTERIOR WALLS

All exterior walls shall be free from holes, breaks and loose or rotting materials and shall be maintained weatherproof and properly surface-coated where required to prevent deterioration.

1408.06 ROOFS AND DRAINAGE.

The roof and flashing shall be sound, tight and not have defects to admit rain. Gutters and downspouts shall be used to collect roof water drainage and shall be maintained in a tight, leak proof condition adequate to prevent dampness and deterioration in the foundation, walls, or interior portion of the structure. Roof water drainage shall not be discharged in a manner that creates a public or private nuisance.

1408.07 DECORATIVE FEATURES.

All cornices, belt courses, corbels, terra cotta trim, wall facing and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

1408.08 OVERHANG EXTENSIONS.

All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, 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.

1408.09 CHIMNEYS AND TOWERS.

All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.

1408.10 HANDRAILS AND GUARDS.

Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

1408.11 WINDOW AND DOOR FRAMES.

(a) Every window, door and frame shall be kept in sound condition, good repair and weather-tight.

(b) All glazing materials shall be maintained free from cracks and holes.

(c) Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

1408.12 INSECT SCREENS.

(a) Every door, window and other outside opening utilized or required for ventilation purposes, serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than sixteen mesh per inch and every swinging door shall have a self-closing device in good working condition.

(b) Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means, such as air curtains or insect repellant fans, are employed.

1408.13 DOORS.

All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

1408.14 BASEMENT HATCHWAYS.

Every basement hatchway shall be maintained to prevent the entrance of rats, pests or other animals, rain and surface drainage water.

1408.15 GUARDS FOR BASEMENT WINDOWS.

Every basement window that is openable shall be supplied with shields, storm windows or other approved protection against the entry of rats, pests or other animals.

1408.16 ACCESSORY STRUCTURES.

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

CHAPTER 1410

General Requirements for Interior Structure

1410.01 In general. 1410.04 Lead-based paint.

1410.02 Structural members. 1410.05 Stairs and railings.

1410.03 Interior surfaces. 1410.06 Handrails and guards.

______________________________________________________________________________

1410.01 IN GENERAL.

The interior of a structure and the equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

1410.02 STRUCTURAL MEMBERS.

The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

1410.03 INTERIOR SURFACES.

All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

1410.04 LEAD-BASED PAINT.

Interior and exterior painted surfaces of dwellings and day care facilities, including fences and outbuildings, which contain in excess of 0.06 percent lead by weight shall be removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.

1410.05 STAIRS AND RAILINGS.

All interior stairs and railings shall be maintained in sound condition and good repair.

1410.06 HANDRAILS AND GUARDS.

Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

CHAPTER 1412

Rubbish and Garbage

1412.01 Accumulation of rubbish or garbage. 1412.02 Disposal of rubbish.

1412.03 Disposal of garbage.

______________________________________________________________________________

1412.01 ACCUMULATION OF RUBBISH OR GARBAGE.

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

1412.02 DISPOSAL OF RUBBISH.

(a) Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

(b) The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of the rubbish.

1412.03 DISPOSAL OF GARBAGE.

(a) Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

(b) The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit, an approved incinerator unit in the structure available to the occupants in each dwelling unit, or an approved leak proof, covered, outside garbage container.

(c) The operator of every establishment producing garbage shall provide, at all times cause to be utilized, leak proof approved containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

CHAPTER 1414

Extermination

1414.01 Infestation. 1414.04 Multiple occupancy.

1414.02 Responsibility of owner. 1414.05 Responsibility of occupant.

1414.03 Single occupancy.

______________________________________________________________________________

1414.01 INFESTATION

All structures shall be kept free from insect and rat infestation. All structures in which insects or rats are found shall be promptly exterminated by an approved processed that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

1414.02 RESPONSIBILITY OF OWNER.

The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

1414.03 SINGLE OCCUPANCY.

The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for extermination on the premises.

1414.04 MULTIPLE OCCUPANCY.

The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.

1414.05 RESPONSIBILITY OF OCCUPANT.

The occupant of any structure shall be responsible for the continued rat-proof condition of the structure, and if the occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the occupant.

CHAPTER 1416

Unsafe Structures and Equipment

1416.01 In general. 1416.05 Notice.

1416.02 Structure unfit for human occupancy. 1416.06 Placarding.

1416.03 Unlawful structure. 1416.07 Prohibited occupancy.

1416.04 Closing of vacant structures. 1416.08 Removal of placard.

______________________________________________________________________________

1416.01 IN GENERAL.

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

1416.02 STRUCTURE UNFIT FOR HUMAN OCCUPANCY.

A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unsecured, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

1416.03 UNLAWFUL STRUCTURE.

An unlawful structure is one found in whole or in part to be occupied by more persons than are permitted under this Code, or that was erected, altered or occupied contrary to law.

1416.04 CLOSING OF VACANT STRUCTURES.

(A) If a structure is vacant and unsecured, or unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed through any available public agency or by contact or arrangement with private persons, and the cost thereof shall be collected in accordance with subsection (C) hereof.

(B) In the event the Code Official determines that a vacant and unsecured structure poses an immediate danger to the safety or well being of the public or any person, then the Code Official is authorized to immediately cause said structure to be closed and secured, without prior notice to the owner or other appropriate person. The expense therefor shall be the responsibility of the owner of the premises.

(C) In the event that the owner or other appropriate person fails to pay the expenses for the work performed pursuant to subsection (B) hereof, within thirty days after being notified in writing, by regular U.S. mail, of the amount thereof by the Code Official, such expenses may be collected by using one or more of the following methods, provided, however, that the expenses may only be collected once:

(2) The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

(D) No structure which has been closed under this section, or which otherwise has been closed or boarded-up by any other person, shall remain closed or boarded-up for a period longer than six (6) months. The repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type. Any owner of or other person legally responsible for a structure who fails to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type, and who fails to cause the structure to be in compliance with this Property Maintenance Code, after the expiration of said six (6) month period shall be guilty of a fourth degree misdemeanor.

1416.05 NOTICE.

Whenever the Code Official has condemned a structure or equipment under the provisions of this chapter, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1404.31. The notice shall be in the form prescribed in Section 1404.30.

1416.06 PLACARDING

Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment, a placard bearing the word “condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.