Tuesday, April 20, 2010

R&L Report

The Rules and Law Committee met on Feb 25, Mar 13, Apr 14 to discuss improvements to existing Property Maintenance Code enforcement. It was decided focus exclusively on code enforcement Language. The Committee reapplied portions of Mariemont's last update in 1997, the latest International Property Maintenance Code, as well as code examples from Kingsport TN (Nolen community) & and Shaker Heights (historic Ohio village).

We recommend Repealing Ordinance O-30-97, adopting the IPMC standard, and including a few additions and clarifications.

A big thank you to Dennis Malone for all his guidance and efforts throughout the process.

Respectfully submitted,
________________________Cortney Scheeser
________________________Joe Miller
________________________Dennis Wolter

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copy of ordinance verbage:


Draft Language Proposed to Amend the Property Maintenance Code – 2006 Edition

21 April 2010

• Repeal Ordinance 0-30-97 (that adopted International Property Maintenance Code – 1993 Edition) and prepare replacement Ordinance (International Property Maintenance Code – 2009.

• PM - 107.2.4 Notices and Orders, which reads as follows: Include a correction order allowing a reasonable time to bring the dwelling unit or structure into compliance with the provisions of this code.

Is hereby amended to read as follows:

PM – 107.2.4 Notices and Orders: Include a correction order allowing 30 days for the property owner to respond to the correction order and establishment of a schedule of completion not to exceed 90 days from receipt of the correction order. In the event that climactic or financial conditions preclude completion within the 90-day time frame, the Building Official shall have the authority, at his/her discretion, to extend the deadline as may be required.

• PM- 111.2 Membership of Board (of Appeals) which reads as follows: The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on mattress pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall service staggered and overlapping terms.

Is hereby amended to read as follows:

PM – 111.2 Membership of Board. The Board of Appeals shall be the Planning Commission of the Village of Mariemont.

• PM - 302.1 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 and sanitary condition.

Is hereby amended to read as follows:

PM – 302.1 Sanitation. All exterior property shall be keep clear of trash, weeds, dead or diseased vegetation, grass in excess of 8 inches in height, animal feces, lawn equipment, rusted furniture and dilapidated toys. All fencing shall be maintained in good repair.

• PM - 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveway, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.


Is hereby amended to read as follows:

PM – 302.3 Sidewalks and driveways. All sidewalks shall be maintained such that adjoining blocks or portions thereof whose edges differ vertically by more that five eighths of an inch shall be deemed suitable to be condemned and replaced with correctly aligned walk surfaces within 60 days of notification of the misalignment. The cost of such replacement shall be borne by the adjoiningt property owner unless a tree located in the Village right-of-way has caused the misalignment, in which case the Village shall bear the cost of replacement.

• PM - 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains gutters and downspouts shall be maintained in good repair and free from obstruction. Roof water shall bit be discharged in a manner that creates and public nuisance

Is hereby amended to read as follows:

PM - 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains gutters and downspouts shall be maintained in good repair and free from obstruction. All silt and vegetation growing in gutters shall be removed. Roof water shall not be discharged onto adjoining property but shall be conducted to street gutter or storm sewer.

• PM – 302.10 (New). No portion of any vegetation, hedge, landscaping or tree shall be allowed to overhang an adjacent property without the consent of the adjacent property owner. In the event the adjacent property owner does not give his/her consent, the material overhanging shall be removed at the vegetation owners expense within 30 days of notice of the violation. If the overhanging vegetation is deemed to create an immediate safety hazard, the Building Official shall have the authority to order such corrective measures as may seem appropriate and balanced and shall bill the vegetation owner with the cost of removal.

• PM – 302-11 (New). It shall be unlawful for the owner or occupant of a residential property, building or structure to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned item as listed in this section, including but not limited to weeds, dead trees, trash, garbage, etc upon notification of the building official.

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