Building Code

   There is hereby created the office of Building Inspector.  The Building Inspector shall be appointed by the Mayor upon the approval of Council and shall serve for a period of one year.  The appointment shall be made at the first Council meeting in January of each year.  Compensation for this position shall be established by Council.

   (a)   The Building Inspector has the right, authority and privilege to enter upon any real estate or structure in the Village at any reasonable time, if he has probable cause to believe that a nuisance exists, that a structure or dwelling is dangerous as defined herein, or there has been a violation of the Village Building Code, and to inspect the premises for such violations.  The Building Inspector shall make a reasonable effort to contact the property owner before entering onto the premises.  No owner of real estate or a dwelling or structure within the Village shall refuse to permit the Building Inspector to inspect the premises at any reasonable time.

   (b)   The Building Inspector shall have full power and authority to interpret any questions arising under the provisions of this chapter or the Village Building Code.

(Ord. 87-6.  Passed 6-24-87.)

   (a)   “Refuse” embraces only such matter as was either in fact noxious or has been refused and abandoned by its owner as worthless.

   (b)   “Rubbish” means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.

   (c)   “Used building materials” means and includes any materials, such as wood, stone, brick, cement block, or any composition thereof, used or useful in the erection of any building or structure, which have been used previously for such erection or construction, by the same persons or by any other person.

   (d)   “Motor vehicle in an inoperative condition” means and includes any style or type of motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.

   (e)   “Motor vehicle unfit for further use” means and includes any style or type of motor-driven vehicle used for the conveyance of persons or property, which is in a dangerous condition, has defective or missing parts, or is in such a condition generally as to be unfit for further use as a conveyance.

   (f)   “Automobile parts” means and includes any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.

   (g)   “Scrap metal” means and includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other materials, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purposes.

   (a)    A nuisance exists for purposes of this chapter if the real estate, dwelling or structure is in such a condition as to endanger the health, safety and welfare of the occupants of the same or the surrounding residents or is otherwise in violation of any of the provisions of this chapter or of the Village Building Code.

   (b)    It shall be unlawful and is hereby declared a nuisance for any person to store, place or allow to remain, used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts, scrap metal, refuse or rubbish on any lot, lots, parts of lots, or parcel of land, within the corporate limits of the Village.

(Ord. 87-6. Passed 6-24-87.)

   Notwithstanding the provisions of this chapter, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcel of land, when such materials are to be used by the purchaser or owner in later construction on the same lot or any lot owned or controlled by such person; provided that. such materials shall not remain on such lot, lots, parts of lots, or parcel of land for a period of more than thirty days, unless the construction or erection planned for the use of such materials has commenced; and provided further that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time the materials are first placed on the lot, lots, parts of lots or parcel of land. It shall be unlawful for any person or persons to move any materials so stored or placed to another location within the Village for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, lots, parts of lots or parcel of land, when the same have been sold to a bona fide purchaser for value for such purchaser’s own use.

(Ord. 87-6 Passed 6-24-87.)

   All dwellings or structures, including single family dwellings, or parts thereof, which may have any of the following defects, shall be deemed dangerous dwellings or structures and shall be condemned as unfit for human habitation or occupancy:

   (b)    Those which, exclusive of the foundation, show damage or deterioration of one-third or more of the supporting members or member, or one-half or more of damage or deterioration of the non-supporting enclosing or outside walls or covering;

   (c)    Those which have improperly distributed loads upon floors or roof in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used;

   (d)    Those which have been damaged by fire, wind or other causes so as to no longer provide shelter from the elements and have become dangerous to life, safety, morals or the general health and welfare of the occupants or surrounding residents of the Village;

   (e)    Those which have become or are dilapidated, decayed, unsafe, unsanitary or vermin-infested or which fail to provide the facilities essential to decent living and are likely to cause sickness or disease or injury to the health, morals, safety or general welfare of those living therein or of the surrounding residents or of people at large;

   (f)    Those lacking light, air and sanitation facilities are required by the Guernsey County Health Department or other Governmental Agencies to protect the health, morals, safety or general welfare of human beings who live or may live therein;

   (g)    Those which have parts thereof which are so attached that they may fall and injure occupants or the general public or property.

      (Ord. 87-6. Passed 6-24-87.)

   In the event of a violation of the provisions of this chapter or the Village Building Code, the Village Building Inspector shall give notice to the owner, occupant or person having charge of the premises upon which the violation occurs, to cease such violation.  The Building Inspector may order a dwelling or structure razed if he believes that a nuisance exists or that dwelling or structure is a dangerous dwelling or structure and/or may order that the property be cleaned of debris, rubbish, refuse, used building materials, a motor vehicle in an inoperative condition, a motor vehicle unfit for further use, automobile parts, or scrap metal. The order to raze a structure or clean a property, shall be made by the Building Inspector upon the property owner or his agents by personal service or by certified or registered mail and shall allow the property owner at least thirty days to comply with the Order.

   The Building Inspector shall also have authority to order that buildings or structures within the Village be restored or constructed in a safe and stable condition by means of necessary repairs, maintenance or structural repairs.

   Any owner, occupant or person in charge of the real estate, dwelling or structure, who does not agree with an order given by the Building Inspector as provided herein, shall have the right to request a hearing before the Council, at a special meeting called for that purpose, and Council shall listen to the complaint of the owner, occupant or person in charge. A request for appeal must be made in writing to the Council within seven days from the receipt of the order by the owner. If Council affirms the order of the Building Inspector, then the owner, occupant or other person in charge of the premises shall comply with the order within thirty days from the date of the decision by Council. (Ord. 87-6. Passed 6-24-87.)

   If any owner, occupant or other person in charge of the premises or dwelling or structure fails to comply with the order by the Building Inspector within the time prescribed herein, then Council, acting through the Building Inspector may hire labor, machinery and equipment to raze the dwelling or structure or clean the property. The cost of such labor, machinery and equipment involved shall be submitted to the property owner, occupant or other person in charge of the premises upon completion of the work, and if the costs are not paid by such person within a period of fifteen days after the work is completed, the costs shall be certified to the Guernsey County Treasurer and Auditor to be placed upon the tax duplicate against the lot or land involved.

   In cases where it reasonably appear that there is immediate danger to the life, health or safety of any person unless a nuisance or dangerous dwelling or structure, as defined herein, is immediately vacated and cleaned or demolished, the Building Inspector shall cause the immediate vacation and cleaning or razing of such real estate, dangerous dwelling or structure.  The costs of such emergency cleaning or razing of such real estate or dangerous dwelling or structure shall be collected in the same manner as provided in Section 1301.09.    The Building Inspector shall contact the owner of such real estate, dwelling or structure prior to taking emergency action, unless the owner cannot reasonably be found with due diligence.

(Ord. 87-6.  Passed 6-24-87.)

   No insurance company doing business in the state shall pay a claim of the named insured for fire damage to a structure located with the Village where the amount recoverable for the fire loss to the structure under all insurance policies exceeds ten thousand dollars ($10,000) and is greater than or equal to sixty percent (60%) of all fire insurance policy monetary limitations unless there is compliance with the following procedures:

   (a)   When the loss agreed to between the named insured and the insurance company equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company, in accordance with Ohio R.C. 715.26(F), shall transfer from the insurance proceeds to the Village/Clerk Treasurer in the aggregate amount of one thousand dollars ($1,000) for each ten thousand dollars ($10,000) and each fraction of that amount, of a claim or, if at the time of a proof of loss agreed to between the named insured and the insurance company, the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.

   (b)   Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure.  Policy proceeds remaining after the transfer to the Village may be disbursed in accordance with the policy terms.

   (c)   The named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Village Clerk/Treasurer, after notifying the Village Building Inspector, shall return the amount of the funds in excess of the estimate to the named insured, provided that the Village has not commenced to remove, repair or secure the building or other structure.

   (d)   Upon receipt of proceeds by the Village as authorized by this Section, the Village Clerk/Treasurer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Village pursuant to Ohio R.C. 715.261.

   (e)   When transferring the funds as required herein, an insurance company shall provide the Village with the name and address of the named insured, whereupon the Village shall contact the named insured, certify that the proceeds have been received by the Village and notify them that the following procedures will be followed:

      (1)   The funds shall be returned by the Village Clerk/Treasurer to the named insured when repairs, or removal, or securing of the building or other structure has been completed and the required proof is received by the Village Building Inspector, provided that the Village has not incurred any costs for such repairs, removal or securing.  If the Village has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the Village shall transfer the remaining funds to the named insured after repair, rebuilding or removal has been completed.  Nothing in this Section shall be construed to limit the ability of the Village to recover any deficiency under Ohio R.C. 715.261.

   (f)   Nothing in Ohio R.C. 3929.56(C) and (D), as adopted herein, shall be construed to prohibit the Village and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.

      (Ord. 2005-13.  Passed 8-10-05.)

   Whoever violates this chapter shall be fined not less than fifty dollars ($50.00) for the first offense and fined not less than one hundred dollars ($100.00) for each subsequent offense.  Each violation on any separate day after the day notice is given as provided herein shall be deemed a separate offense.  In addition to the stated penalty, there shall be assessed an administrative fee in the amount of fifty dollars ($50.00) for services provided by the Village Building Inspector as a result of non-compliance with the requirements of Chapter 1301 of the Codified Ordinances.
(Ord. 2010-8.  Passed 7-14-10.)