I have a resolution I'd like voted on by Council. Draft below. This issue is vital to the Village. The Schools really help define the Village. They are in need of a major upgrade, and while I don't like additional taxes, it's critical we support the Schools.
Procedurally, I'm being told the Mayor requests this go through Committee of the Whole first. I'm not sure about proper procedure, so I've reached out to Dennis W to get scheduled. Obviously time is of the essence, so I hope to get the prework done asap. Goal is a vote before election day.
Cortney
-------------------------
RESOLUTION IN SUPPORT OF THE MARIEMONT CITY SCHOOL DISTRICT COMBINED BOND ISSUE AND OPERATING LEVY ON THE
MAY 2010 BALLOT AND TO DECLARE EMERGENCY.
WHEREAS, Mariemont Schools have consistently ranked among the best schools in the State of Ohio; and
WHEREAS, our award-winning schools are one of the main reasons our property values remain among the highest in Hamilton County; and
WHEREAS, it is a combination of those strong property values and our highly rated schools that the Village of Mariemont has been named as one of the top communities in State and in our Nation; and
WHEREAS, the Mariemont City School District needs the additional funds from the Bond Issue and the Operating Levy to continue to provide our children with excellent education in facilities that provide an environment that encourages learning and offers the tools our schools and our students need to continue to succeed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE VILLAGE OF MARIEMONT, HAMILTON COUNTY,
OHIO, TWO-THIRDS OF THE MEMBERS ELECTED
THERETO CONCURRING:
SECTION I. This Council hereby supports the Mariemont City School District combined Bond Issue and Operating Levy and encourages residents in the Village of Mariemont to do the same.
SECTION II. That this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare of the Village. The reason for the emergency is to make our support known prior to the May ballot.
Monday, March 29, 2010
Sunday, March 28, 2010
Council Meeting recap 3/22
I attended Council on Monday 3/22. Many topics discussed and lots of healthy back and forth.
Turn Signal at Library. I pointed out that our light request was rejected. We need a light, as I believe strongly that a turn lane only is MORE dangerous that today (staring at an opposing car blocks line of sight). We should complete an audit of who WOULD turn there vs who actually turns there to show the State of real need. I'll send a note to MHS Principal to get his ideas on how to fairly measure.
Mowing. I made two procedural mistakes, and I'm sorry about this. I signed the Committee Report, even though I was opposed. I should have gotten additional verbage saying I was on record as a "no" and then signed that. 2nd: I incorrectly voted for the acceptance of Committee Report. When I changed my vote to No, a majority then oppposed, sending it back to Committee.
Tree Program. This item was removed from the Committee Reports section of the Agenda, however I've gotten feedback from a Citizen saying there is more work to do. More to come on this.
Cortney
Turn Signal at Library. I pointed out that our light request was rejected. We need a light, as I believe strongly that a turn lane only is MORE dangerous that today (staring at an opposing car blocks line of sight). We should complete an audit of who WOULD turn there vs who actually turns there to show the State of real need. I'll send a note to MHS Principal to get his ideas on how to fairly measure.
Mowing. I made two procedural mistakes, and I'm sorry about this. I signed the Committee Report, even though I was opposed. I should have gotten additional verbage saying I was on record as a "no" and then signed that. 2nd: I incorrectly voted for the acceptance of Committee Report. When I changed my vote to No, a majority then oppposed, sending it back to Committee.
Tree Program. This item was removed from the Committee Reports section of the Agenda, however I've gotten feedback from a Citizen saying there is more work to do. More to come on this.
Cortney
Saturday, March 27, 2010
Pub works committee mtg 3/25
I attended the pubic works mtg thurs to re-discuss mowing.
As prework, I talked to grass cor's madeira schools account. Grass cor met expectations. I also spoke w steve v. Of lawnscapers. This too was a productive conversation. I was especially interested in his cost savings opptys like tot lot mulch and delaying ash removal. He shared delaying irrigating til june during the meeting. I will followup on all w john s.
I again supported grass cor because of lowest cost (cheapest) and john s endorsement (best). There is risk in this - gc is an unknown. But I will lean fwd to save 8 percent.
I was surprised by the vote - 3-0 for gc. It will now go back to council for ratification. If it doesn't both companies offered to mow until ratification for their per cut cost.
Oustanding to dos: tips for next contract (earlier, split,etc), and confirming option b is our choice (per cut).
As an aside, this was a hard decision. Upsetting
The apple cart is stressful, but I beleve we made the lowest and best choice.
Cortney
Cortney Scheeser
Senior Analyst, Global Home Care & PGP
Phone: 513-983-0463
Mobile: 479-221-1752
Email, IM: scheeser.cm@pg.com
Please consider the Environment before printing this email
As prework, I talked to grass cor's madeira schools account. Grass cor met expectations. I also spoke w steve v. Of lawnscapers. This too was a productive conversation. I was especially interested in his cost savings opptys like tot lot mulch and delaying ash removal. He shared delaying irrigating til june during the meeting. I will followup on all w john s.
I again supported grass cor because of lowest cost (cheapest) and john s endorsement (best). There is risk in this - gc is an unknown. But I will lean fwd to save 8 percent.
I was surprised by the vote - 3-0 for gc. It will now go back to council for ratification. If it doesn't both companies offered to mow until ratification for their per cut cost.
Oustanding to dos: tips for next contract (earlier, split,etc), and confirming option b is our choice (per cut).
As an aside, this was a hard decision. Upsetting
The apple cart is stressful, but I beleve we made the lowest and best choice.
Cortney
Cortney Scheeser
Senior Analyst, Global Home Care & PGP
Phone: 513-983-0463
Mobile: 479-221-1752
Email, IM: scheeser.cm@pg.com
Please consider the Environment before printing this email
Friday, March 26, 2010
Mowing Bids learning - for next time (2012)
I've learned a lot during this process (outsourced grass cutting). Our contract and the process have room for improvement, and we can execute differently next time. Here are some thoughts.
Dennis W. shared with me his ideas, and they cover very nicely.
-------------------------------------------
1 Begin bidding process during the first week of January
2 Examine the possible benefits of a split contract
3 Have the maintenance superintendent prepare a performance report on existing contractor that would include:
overview of performance
problems and resolutions
extra work performed
suggestions for improvement
4 Put in place a six-month probationary period starting at the beginning of the grass cutting season
5 Have the maintenance superintendent prepare a pre-qualification report on all grass cutting bidders that would include:
brief company history
names of principals
references
background check by Mariemont Police Chief
brief summary of facilities and equipment
litigation history
quality assurance procedure
documentation of employees
-------------------------------------------
Next steps:
-Have Sue and John compile feedback throughout the season. Data is the key for renewal after year 1 and in year 2. Start 4/1/2010
-Have John recommend a map spelling out where a split contact could best happen (probably 2 areas). Reco by late 2011.
-Committee to recreated contract based on agreed to enhancements. Meet late 2011.
Cortney
Dennis W. shared with me his ideas, and they cover very nicely.
-------------------------------------------
1 Begin bidding process during the first week of January
2 Examine the possible benefits of a split contract
3 Have the maintenance superintendent prepare a performance report on existing contractor that would include:
overview of performance
problems and resolutions
extra work performed
suggestions for improvement
4 Put in place a six-month probationary period starting at the beginning of the grass cutting season
5 Have the maintenance superintendent prepare a pre-qualification report on all grass cutting bidders that would include:
brief company history
names of principals
references
background check by Mariemont Police Chief
brief summary of facilities and equipment
litigation history
quality assurance procedure
documentation of employees
-------------------------------------------
Next steps:
-Have Sue and John compile feedback throughout the season. Data is the key for renewal after year 1 and in year 2. Start 4/1/2010
-Have John recommend a map spelling out where a split contact could best happen (probably 2 areas). Reco by late 2011.
-Committee to recreated contract based on agreed to enhancements. Meet late 2011.
Cortney
Thursday, March 25, 2010
Trees lost on Center
Just heard from a Citizen that all of the Center Street median trees were cut down yesterday. I have not yet viewed, but I believe they're the affected Ash trees. I will confirm with John S. today.
This is precisely the reason we need to be planting 300 trees per year. That median will be naked for 20 years because of our lack of planning.
It's already too late for the Village, in my opinion. We've waited too long. We must start aggressive replanting in 2010, and 2011, and 2012, etc.
Cortney
This is precisely the reason we need to be planting 300 trees per year. That median will be naked for 20 years because of our lack of planning.
It's already too late for the Village, in my opinion. We've waited too long. We must start aggressive replanting in 2010, and 2011, and 2012, etc.
Cortney
Attended zone chg public hearing monday 3/22
I attended public hearing to discuss mr spinnenwebers zone change of two 4 families next to mios from residential to business.
I continue to be concerned we're making a mockery of the process. 9 step process is supposed to protect the village, however we're rubber stamping something that has no form, no detail. Deed covenants/restrictions are good. If so, then let's scrap 9 steps and make covenants the process. Process is in place for a reason -use it or change it.
I believe strongly that we need a boundary between residential and commercial. I would like to see and will push for a brick wall all along the boundary, especially on the thorndike property frontage. District 4 takes one for the team for 100percent of the village development, and our quality of life matters and needs to be addressed. I will continue to rail against fast tracking major developments that chip away at district 4s look and feel. Development is a good thing, but fast fwding is dangerous.
Cinema worries took over the discussion and distracted us. This is a separate issue and shoulnt have been discussed-we ran out of time partly because of it. At the end of the day, the developer is replacing one half of the screens lost when bond hill and both kenwood theaters closed. The market should be able to absorb this. I would encourage those elected officials concerned to reach out to the owner directly.
Frank raeon shared a compelling presentation on how outdated our zoning is. We need to drastically revamp right away. I support his ideas and trust his experience. I support his suggestion to hold the rezone until revamping occurs. After all, there is no plan (yet) we're slowing down.
Cortney
I continue to be concerned we're making a mockery of the process. 9 step process is supposed to protect the village, however we're rubber stamping something that has no form, no detail. Deed covenants/restrictions are good. If so, then let's scrap 9 steps and make covenants the process. Process is in place for a reason -use it or change it.
I believe strongly that we need a boundary between residential and commercial. I would like to see and will push for a brick wall all along the boundary, especially on the thorndike property frontage. District 4 takes one for the team for 100percent of the village development, and our quality of life matters and needs to be addressed. I will continue to rail against fast tracking major developments that chip away at district 4s look and feel. Development is a good thing, but fast fwding is dangerous.
Cinema worries took over the discussion and distracted us. This is a separate issue and shoulnt have been discussed-we ran out of time partly because of it. At the end of the day, the developer is replacing one half of the screens lost when bond hill and both kenwood theaters closed. The market should be able to absorb this. I would encourage those elected officials concerned to reach out to the owner directly.
Frank raeon shared a compelling presentation on how outdated our zoning is. We need to drastically revamp right away. I support his ideas and trust his experience. I support his suggestion to hold the rezone until revamping occurs. After all, there is no plan (yet) we're slowing down.
Cortney
Saturday, March 13, 2010
Rules and Law Committee recap
Rules and Law Committee met 3/8 at 8:30PM after Council. Attending was Dennis M., Dennis W. and Joe. Citizens were present as well.
We reviewed Dennis Malone's recommendations for a new rule to replace existing, from 1997. It's more simple by design. Uses the 2009 IPMC (International Prop Maint Code) manual + a few specific overlays.
We decided on 3 pieces to complete.
Finalize Rules
Enforcement leave as is
Help for property owners
I reco'd reviewing Shaker Heights and Kingsport Tenn. Code for addl good verbage. Dennis M will review as I provide and will incorporate.
We'll leave enforcement alone for now.
Dennis W will talk to Kim re methods to get properties repaired.
We hope to have a final report for Council after our next Committee Meeting.
Cortney
We reviewed Dennis Malone's recommendations for a new rule to replace existing, from 1997. It's more simple by design. Uses the 2009 IPMC (International Prop Maint Code) manual + a few specific overlays.
We decided on 3 pieces to complete.
Finalize Rules
Enforcement leave as is
Help for property owners
I reco'd reviewing Shaker Heights and Kingsport Tenn. Code for addl good verbage. Dennis M will review as I provide and will incorporate.
We'll leave enforcement alone for now.
Dennis W will talk to Kim re methods to get properties repaired.
We hope to have a final report for Council after our next Committee Meeting.
Cortney
Public Works Committee Recap
I attended the Public Works meeting last week to decide on Mowing Option and Provider.
Option
-We decided on 35 mowings at a set price
-1x per week throughout the year. 2x per week at Bell Tower Fields only
-last year we paid for 2x per week through the Spring
-option to pay per drink in excess of 35
-assuming no extra "drinks", we'll save over $20,000 vs 2009
Provider
-I wanted to go with the 2nd lowest bidder but was outvoted 2-1 (Lawnscapers #3 of 12)
-My choice would have saved the Village an add'l $5000
-John S eliminated Lowest Bidder but confirmed #2 would have worked
-John S made the point that all savings should be chased, and I agree with him
-Lawnscapers met expectations last year and continuity will be an asset
Not sure if I'm supposed to sign the Committee Report or not....
Cortney
Option
-We decided on 35 mowings at a set price
-1x per week throughout the year. 2x per week at Bell Tower Fields only
-last year we paid for 2x per week through the Spring
-option to pay per drink in excess of 35
-assuming no extra "drinks", we'll save over $20,000 vs 2009
Provider
-I wanted to go with the 2nd lowest bidder but was outvoted 2-1 (Lawnscapers #3 of 12)
-My choice would have saved the Village an add'l $5000
-John S eliminated Lowest Bidder but confirmed #2 would have worked
-John S made the point that all savings should be chased, and I agree with him
-Lawnscapers met expectations last year and continuity will be an asset
Not sure if I'm supposed to sign the Committee Report or not....
Cortney
email from Resident concerned about Zoning Hearing rules
Got a detailed email from a Resident re notice of Public Hearing. In a nutshell, Ohio Law seems to say 30 days notice before holding the meeting, and we won't yet have 30 days by Monday 3/22. Note is included below. Many thanks for the diligence!
I've fwded to Ed Mctigue, our Solicitor, for review. And I'll bring up during the Hearing.
Cortney
---------------
notice from the Village office, dated 03/12/10, of the public hearing to be held on 03/22/10 concerning the proposed zoning change requested by Mr. Spinnenweber.
I would refer you to Ohio Revised Code, section 713.12 concerning requirements for any zoning map changes:
http://codes.ohio.gov/orc/713.12
Which indicates, in part:
"Before any ordinance, measure, regulation, or amendments thereto, authorized by sections 713.07 to 713.11 , inclusive, of the Revised Code, may be passed the legislative authority of the municipal corporation shall hold a public hearing thereon, and shall give at least thirty days’ notice of the time and place thereof in a newspaper of general circulation in the municipal corporation..."
The referenced sections, 713.07 to 713.11 concern zoning. Clearly a notice published on March 12 of a meeting on March 22 is insufficient legal notice by state law.
Further, section 713.10, at:
http://codes.ohio.gov/orc/713.10
indicates, in part:
"The legislative authority of such municipal corporation may amend or change the number, shape, area, or regulations of or within any [zoning] district, but no such amendment or change shall become effective unless the ordinance proposing it is first submitted to the planning commission, board, or officer for approval, disapproval, or suggestions and the commission, board, or officer is allowed a reasonable time, not less than thirty days, for consideration and report."
Again, I believe this other required minimum thirty days did not occur.
Further, I believe that since the legislative authority (i.e. council) is 'holding' the public hearing, it amounts to a council meeting (for this subject alone), requiring a quorum of council members, and that minutes be kept as an official record of the hearing.
I've fwded to Ed Mctigue, our Solicitor, for review. And I'll bring up during the Hearing.
Cortney
---------------
notice from the Village office, dated 03/12/10, of the public hearing to be held on 03/22/10 concerning the proposed zoning change requested by Mr. Spinnenweber.
I would refer you to Ohio Revised Code, section 713.12 concerning requirements for any zoning map changes:
http://codes.ohio.gov/orc/713.12
Which indicates, in part:
"Before any ordinance, measure, regulation, or amendments thereto, authorized by sections 713.07
The referenced sections, 713.07 to 713.11 concern zoning. Clearly a notice published on March 12 of a meeting on March 22 is insufficient legal notice by state law.
Further, section 713.10, at:
http://codes.ohio.gov/orc/713.10
indicates, in part:
"The legislative authority of such municipal corporation may amend or change the number, shape, area, or regulations of or within any [zoning] district, but no such amendment or change shall become effective unless the ordinance proposing it is first submitted to the planning commission, board, or officer for approval, disapproval, or suggestions and the commission, board, or officer is allowed a reasonable time, not less than thirty days, for consideration and report."
Again, I believe this other required minimum thirty days did not occur.
Further, I believe that since the legislative authority (i.e. council) is 'holding' the public hearing, it amounts to a council meeting (for this subject alone), requiring a quorum of council members, and that minutes be kept as an official record of the hearing.
Wednesday, March 10, 2010
Committee of whole recap 3/9
I attended (in my track sweatpants) the Committee of the Whole meeting last night to discuss permanent improvement fund, the money we invest in non regularly repeating costs: fire trucks, trees, police cruisers, trash cans etc. This is diff than the general fund which is where we have issues. Moving money is a dangerous idea and I support a separation.
Purpose of meeting was to decide how much of the $1mm balance to savings and categories by department. Note: Account is funded by Tax Levy, so spending a lot in a given year isn't an irresponsible choice. Committees will figure out particulars later.
I spoke out on 2 issues I care deeply about: recycling and trees:
I would like to see us buy recycling + trash cans. Have heard this from multiple citizens. John S. will look into how to collect and cost + design of receptacle
Trees. We allocated more than last year ($32), but $10 is ash borer removal. I talked about the need to plant 300 each year to maintain canopy, while $22 only gets us 70. I reco'd to take the allocation up to $50, which could net us 130 or so trees. Still too few but a start. We must disproportionarly invest here.
Cortney
Purpose of meeting was to decide how much of the $1mm balance to savings and categories by department. Note: Account is funded by Tax Levy, so spending a lot in a given year isn't an irresponsible choice. Committees will figure out particulars later.
I spoke out on 2 issues I care deeply about: recycling and trees:
I would like to see us buy recycling + trash cans. Have heard this from multiple citizens. John S. will look into how to collect and cost + design of receptacle
Trees. We allocated more than last year ($32), but $10 is ash borer removal. I talked about the need to plant 300 each year to maintain canopy, while $22 only gets us 70. I reco'd to take the allocation up to $50, which could net us 130 or so trees. Still too few but a start. We must disproportionarly invest here.
Cortney
Council recap 3/8
I attended council on monday night. Of note:
I still have concern re spinnewebers 4 familys next to mios rezoning and our lack of teeth 4 of 9 steps in. We're approving something without a plan on property not owned by the applicant. If these steps aren't needed, eliminate them. I did not vote no because at this point I can't react to anything. And I accept the committee report as submitted. We need specificity quickly.
We continue to have rumpke issues tearing up the grass in patriots park. John swisher suggests a new provider rather than a hardscape solution. We&'ll take this up in public works this summer.
Public comment rules. I voted yes only because of icrc. There was concerning talk about icrc being scrutinized. I'm supportive. If icrc falls through though, we'll need to review newly passed rules.
Griewe nolen park/emery park Zone d. I should have commented in the meeting warning of my no vote. Mr griewe has a beautiful building that has nice green space and exclusively underground parking. That said, it is too tall to touch a residential neighborhood from the 1940s/1950s. My vote doesn't change anything but is a statement on the importance of fitting into its surroundings. 45' next to the inn is very different and it would not necessrily be a concern.
Voting
I voted in the affirmative on everything except zone d for nolen park/emery park.
Cortney
I still have concern re spinnewebers 4 familys next to mios rezoning and our lack of teeth 4 of 9 steps in. We're approving something without a plan on property not owned by the applicant. If these steps aren't needed, eliminate them. I did not vote no because at this point I can't react to anything. And I accept the committee report as submitted. We need specificity quickly.
We continue to have rumpke issues tearing up the grass in patriots park. John swisher suggests a new provider rather than a hardscape solution. We&'ll take this up in public works this summer.
Public comment rules. I voted yes only because of icrc. There was concerning talk about icrc being scrutinized. I'm supportive. If icrc falls through though, we'll need to review newly passed rules.
Griewe nolen park/emery park Zone d. I should have commented in the meeting warning of my no vote. Mr griewe has a beautiful building that has nice green space and exclusively underground parking. That said, it is too tall to touch a residential neighborhood from the 1940s/1950s. My vote doesn't change anything but is a statement on the importance of fitting into its surroundings. 45' next to the inn is very different and it would not necessrily be a concern.
Voting
I voted in the affirmative on everything except zone d for nolen park/emery park.
Cortney
Sunday, March 7, 2010
Kingsport TN Prop Maint Code content
I've had a couple conversations as a part of Rules and Law. I believe others have been through this, and we ought not invent anything if at all possible.
Kingsport TN is a Nolen Community from about 1919. Who better than to emulate!
They have some enforcement code in their ordinances - I've fwded on to Dennis M to review.
Cortney
http://library6.municode.com/default-test/home.htm?infobase=11088&doc_action=whatsnew
ARTICLE IX. UNSAFE OR UNSIGHTLY BUILDINGS OR PREMISES*
__________
*Cross references: Environment, ch. 42.
__________
DIVISION 1. GENERALLY
Sec. 22-666. Findings and declaration of policy.
It is found and declared that there exist in the city structures in use which are or may become substandard with respect to structural soundness, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration, lack of maintenance of exterior of premises, infestation, lack of essential heating or plumbing equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, or unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the city. It is further found and declared that because of lack of maintenance and because of progressive deterioration certain properties have the further effect of creating blighting conditions and initiating slums and that, if the such are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the conditions and that, by timely regulations and restrictions as contained in this article, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
(Code 1981, § 6-301)
Sec. 22-667. Purpose.
The purpose of this article is to:
(1) Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, condition and occupancy of residential and nonresidential premises;
(2) Establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such facilities fit for human habitation, occupancy and use;
(3) Fix certain responsibilities and duties upon owners and operators and occupants;
(4) Authorize and establish procedures for the inspection of residential and nonresidential premises;
(5) Fix penalties for the violation of this article; and
(6) Provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
(Code 1981, § 6-302)
Sec. 22-668. Administration fees.
Every owner or person in possession, charge or control of any place or premises on which a nuisance is created, accumulated or produced which must be abated by the city as a result of his failure or refusal to comply with an order of the building official is liable for and shall pay an administration fee in addition to the cost of repair, alteration or improvement or vacating and closing or removal or demolition by the building official, which fee shall be set by resolution of the board of mayor and aldermen.
(Code 1981, § 6-303)
Secs. 22-669--22-695. Reserved.
DIVISION 2. PUBLIC NUISANCES*
__________
*Cross references: Nuisance activities, § 66-56 et seq.
__________
Sec. 22-696. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means:
(1) Any public nuisance as defined by statute or ordinance.
(2) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unimproved lot. This shall include but not be limited to abandoned wells, shafts, basements, excavations; abandoned iceboxes, refrigerators or motor vehicles; structurally unsound fences or structures; lumber; trash; debris; or vegetation such as poison ivy, poison oak or poison sumac which may prove hazardous for inquisitive minors.
(3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(4) Inadequate or unsanitary sewage or plumbing facilities.
(5) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this division.
(6) Fire hazards.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit, as owner or as executor, administrator, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessor subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessee and shall have joint responsibility over the portion of the premises sublet or assigned by the lessor.
Parties in interest means all individuals, associations or corporations who have interests of record in a parcel of land or have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Refuse means all putrescible and nonputrescible solid waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(Code 1981, § 6-310)
Cross references: Definitions generally, § 1-2.
Sec. 22-697. Administration.
All inspections, regulations, enforcement and hearings on violations of this division shall be under the direction and supervision of the building official. The building official may designate such other employees to perform duties as may be necessary to the enforcement of this division, including the making of inspections and holding of hearings.
(Code 1981, § 6-312)
Sec. 22-698. Applicability.
Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy or use shall comply with this division, whether or not such building shall have been constructed, altered or repaired before or after September 15, 1992, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of the ordinance from which this section derives. This division shall also apply to mobile home parks.
(Code 1981, § 6-313)
Sec. 22-699. Controlling standards.
If any section of this division imposes a higher standard than set forth in any other ordinance or under state laws, the standards set forth in this division shall prevail; but if this division imposes a lower standard than any other local ordinance or of state laws, the higher standard shall prevail.
(Code 1981, § 6-314)
Sec. 22-700. Compliance with other ordinances.
No section of this division shall relive any owner, operator or occupant from complying with any other section or relieve any city official from enforcing any other section of this Code.
(Code 1981, § 6-315)
Sec. 22-701. Care of premises.
Having adopted the housing code by reference in section 22-111, it shall be unlawful, in conformance with such code, for the owner or occupant of a residential building, structure or property 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 items as listed in this section, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the building official.
(Code 1981, § 6-311)
Secs. 22-702--22-730. Reserved.
DIVISION 3. STRUCTURES UNFIT FOR HUMAN HABITATION
Sec. 22-731. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling means any building or structure or part thereof used and occupied for human occupation or use or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises in fee simple and every mortgagee of record.
Parties in interest means all individuals, associations or corporations who have interests of record in a structure or parcel of land or who have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Public officer means the building official.
Structure means any dwelling or place of public accommodation.
(Code 1981, § 6-321)
Cross references: Definitions generally, § 1-2.
Sec. 22-732. Findings.
Pursuant to T.C.A. § 13-21-101 et seq., it is found that there exist in the city structures that are unfit for human occupation or use due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such structures unsafe or unsanitary or dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the city.
(Code 1981, § 6-320)
Sec. 22-733. Enforcing official.
The building official is designated as the public officer who shall exercise the powers prescribed in this division.
(Code 1981, § 6-321.1)
Sec. 22-734. Powers of building official.
The building official is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and requirements of this division, including the following powers in addition to others granted in this division:
(1) Investigate conditions in the city in order to determine which structures are unfit for human occupation or use.
(2) Administer oaths and affirmations, examine witnesses and receive evidence.
(3) Enter upon premises for the purposes of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(Code 1981, § 6-330)
Sec. 22-735. Conditions rendering dwelling unfit for human habitation.
In addition to other standards set forth in this division, the building official may determine that a structure is unfit for human occupation or use if he finds that conditions exist in such structure that are dangerous or injurious to the health or safety of the occupants of such structure, the occupants of neighboring structures or other residents of the city. Such conditions may include the following, but without limiting the generality of the foregoing: defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
(Code 1981, § 6-327)
Sec. 22-736. Institution of action and notification.
(a) As used in this section, the term "public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the city or state government relating to health, fire, building regulation or other activities concerning structures in the city.
(b) Whenever a petition is filed with the building official by a public authority or by at least five residents of the city charging that any structure is unfit for human occupation or use or whenever it appears to the building official on his own motion that any structure is unfit for occupation or use, the building official shall, after making a preliminary investigation and such investigation discloses a basis for the charges, issue and cause to be served upon the owner and parties in interest of such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building official at a time and place therein fixed not less than ten days nor more than 30 days after the serving of the complaint. The notice shall also state that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.
(Code 1981, § 6-322)
Sec. 22-737. Determination of and further notice by building official.
(a) If, after such notice and hearing as prescribed in section 22-736, the building official determines that the structure under consideration is unfit for human habitation or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order as follows:
(1) If the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to repair, alter or improve such structure to render it fit for human occupation or use or, if not adequately repaired, altered or improved within the time specified in the order, to vacate and close the dwelling as a place of human habitation or use; or
(2) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to remove or demolish such structure.
(b) The building official shall determine the value of the structure in question existing on the land, and the value of the land itself shall not be considered. If the structure can be made to conform to such standards as will make it properly habitable by an expenditure of not more than 50 percent of such value, the order referred to in subsection (a)(2) of this section shall conform to the first alternative in subsection (a)(1) of this section. If an expenditure of more than 50 percent of the value would be necessary to make the structure properly habitable, the order in subsection (a)(1) of this section shall conform to the second alternative in subsection (a)(2) of this section.
(c) Any repair, alteration or improvement instituted in compliance with this division shall be made in conformance with the zoning and building codes.
(Code 1981, § 6-323)
Sec. 22-738. Failure of owner to comply.
If the owner fails to comply with the order under subsection 22-737(a)(1), the building official may cause such structure to be repaired, altered or improved or be vacated and closed. If the building is vacated and closed, the building official may cause to be posted on the main entrance of any structure so closed a placard with the following words: "This building is unfit for human occupation or use; the use or occupation of this building for human occupation or use is prohibited and unlawful."
(Code 1981, § 6-324)
Sec. 22-739. Failure of owner to remove or demolish.
If the owner fails to comply with an order as set forth in subsection 22-737(a)(2), the building official may cause such structure to be removed or demolished.
(Code 1981, § 6-325)
Sec. 22-740. Creation of lien and payment into court.
Under this division, the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the building official shall, upon the filing of the notice with the office of the register of deeds of the county in which the property lies, be a lien in favor of the city against the real property on which such cost was incurred, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the structure is removed or demolished by the building official, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court by the building official, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court. However, nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Code 1981, § 6-326)
Sec. 22-741. Service of complaints or orders.
Complaints or orders issued by the building official pursuant to this division shall be served upon persons either personally or by registered mail. However, if the whereabouts of such persons are unknown and the whereabouts cannot be ascertained by the building official in the exercise of reasonable diligence and the building official shall make affidavit to that effect, the serving of such complaint or order upon such persons may be made by publishing the complaint or order once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the register's office of the county in which the structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(Code 1981, § 6-328)
Sec. 22-742. Enjoining enforcement of order.
(a) Any person affected by an order issued by the building official pursuant to this division may file a bill in the chancery court for an injunction restraining the building official from carrying out the provisions of the order, and the court may, upon the filing of such bill, issue a temporary injunction restraining the building official pending the final disposition of the cause, provided that, within 60 days after the posting and service of the order of the building official, such person shall file such bill in the court. Hearings shall be had by the court on such bill within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court's calendar.
(b) The court shall hear and determine the issue raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the building official as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies provided in this section shall be exclusive remedies, and no person affected by an order of the building official shall be entitled to recover any damages for action taken pursuant to any order of the building official or because of noncompliance by such person with any order of the building official.
(Code 1981, § 6-329)
Secs. 22-743--22-770. Reserved.
DIVISION 4. PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENCES
Sec. 22-771. Applicability.
This division shall not apply to any parcel of property upon which an owner-occupied residence is located.
(Code 1981, § 6-344)
Sec. 22-772. Enforcing official.
The building official is designated as the public officer who shall exercise the powers set out in this division.
(Code 1981, § 6-340)
Sec. 22-773. Institution of action and notification.
Pursuant to T.C.A. § 6-54-113, if it is determined by the building official that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter or garbage or any combination of such elements so as to endanger the health, safety or welfare of other citizens or so as to encourage the infestation of rats and other harmful animals, the building official shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include but not be limited to the following elements:
(1) A brief statement of the provisions of this division, which shall contain the consequences of failing to remedy the noted condition;
(2) The person, office, address and telephone number of the department or person giving notice;
(3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the city; and
(4) A place where the notified party may return a copy of the notice, indicating the desire for a hearing.
(Code 1981, § 6-341)
Sec. 22-774. Failure of owner to comply.
(a) If the person fails or refuses to remedy the condition within ten days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The city may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The city may bring one action for debt against more than one or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the city, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
(b) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communication, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subsection (a) of this section shall be 20 days, excluding Saturdays, Sundays and legal holidays.
(Code 1981, § 6-342)
State law references: Similar provisions, T.C.A. § 6-54-113(c)(1), (2).
Sec. 22-775. Rules; hearings; stay of enforcement.
(a) The board of mayor and aldermen may make rules and regulations necessary for the administration and enforcement of this division. The building official shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to section 22-773. A request for a hearing shall be made within ten days following the receipt of the notice issued pursuant to section 22-773. Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
(b) Any person aggrieved by an order or act of the building official under this division may seek judicial review of the order or act. The time period established in section 22-774 shall be stayed during the pendency of a hearing.
(Code 1981, § 6-343)
Secs. 22-776--22-800. Reserved.
Kingsport TN is a Nolen Community from about 1919. Who better than to emulate!
They have some enforcement code in their ordinances - I've fwded on to Dennis M to review.
Cortney
http://library6.municode.com/default-test/home.htm?infobase=11088&doc_action=whatsnew
ARTICLE IX. UNSAFE OR UNSIGHTLY BUILDINGS OR PREMISES*
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*Cross references: Environment, ch. 42.
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DIVISION 1. GENERALLY
Sec. 22-666. Findings and declaration of policy.
It is found and declared that there exist in the city structures in use which are or may become substandard with respect to structural soundness, equipment or maintenance or, further, that such conditions, including but not limited to structural deterioration, lack of maintenance of exterior of premises, infestation, lack of essential heating or plumbing equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, or unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare and reasonable comfort of the citizens and inhabitants of the city. It is further found and declared that because of lack of maintenance and because of progressive deterioration certain properties have the further effect of creating blighting conditions and initiating slums and that, if the such are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the conditions and that, by timely regulations and restrictions as contained in this article, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
(Code 1981, § 6-301)
Sec. 22-667. Purpose.
The purpose of this article is to:
(1) Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, condition and occupancy of residential and nonresidential premises;
(2) Establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such facilities fit for human habitation, occupancy and use;
(3) Fix certain responsibilities and duties upon owners and operators and occupants;
(4) Authorize and establish procedures for the inspection of residential and nonresidential premises;
(5) Fix penalties for the violation of this article; and
(6) Provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
(Code 1981, § 6-302)
Sec. 22-668. Administration fees.
Every owner or person in possession, charge or control of any place or premises on which a nuisance is created, accumulated or produced which must be abated by the city as a result of his failure or refusal to comply with an order of the building official is liable for and shall pay an administration fee in addition to the cost of repair, alteration or improvement or vacating and closing or removal or demolition by the building official, which fee shall be set by resolution of the board of mayor and aldermen.
(Code 1981, § 6-303)
Secs. 22-669--22-695. Reserved.
DIVISION 2. PUBLIC NUISANCES*
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*Cross references: Nuisance activities, § 66-56 et seq.
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Sec. 22-696. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means:
(1) Any public nuisance as defined by statute or ordinance.
(2) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unimproved lot. This shall include but not be limited to abandoned wells, shafts, basements, excavations; abandoned iceboxes, refrigerators or motor vehicles; structurally unsound fences or structures; lumber; trash; debris; or vegetation such as poison ivy, poison oak or poison sumac which may prove hazardous for inquisitive minors.
(3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(4) Inadequate or unsanitary sewage or plumbing facilities.
(5) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this division.
(6) Fire hazards.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit, as owner or as executor, administrator, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessor subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessee and shall have joint responsibility over the portion of the premises sublet or assigned by the lessor.
Parties in interest means all individuals, associations or corporations who have interests of record in a parcel of land or have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Refuse means all putrescible and nonputrescible solid waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(Code 1981, § 6-310)
Cross references: Definitions generally, § 1-2.
Sec. 22-697. Administration.
All inspections, regulations, enforcement and hearings on violations of this division shall be under the direction and supervision of the building official. The building official may designate such other employees to perform duties as may be necessary to the enforcement of this division, including the making of inspections and holding of hearings.
(Code 1981, § 6-312)
Sec. 22-698. Applicability.
Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy or use shall comply with this division, whether or not such building shall have been constructed, altered or repaired before or after September 15, 1992, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of the ordinance from which this section derives. This division shall also apply to mobile home parks.
(Code 1981, § 6-313)
Sec. 22-699. Controlling standards.
If any section of this division imposes a higher standard than set forth in any other ordinance or under state laws, the standards set forth in this division shall prevail; but if this division imposes a lower standard than any other local ordinance or of state laws, the higher standard shall prevail.
(Code 1981, § 6-314)
Sec. 22-700. Compliance with other ordinances.
No section of this division shall relive any owner, operator or occupant from complying with any other section or relieve any city official from enforcing any other section of this Code.
(Code 1981, § 6-315)
Sec. 22-701. Care of premises.
Having adopted the housing code by reference in section 22-111, it shall be unlawful, in conformance with such code, for the owner or occupant of a residential building, structure or property 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 items as listed in this section, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the building official.
(Code 1981, § 6-311)
Secs. 22-702--22-730. Reserved.
DIVISION 3. STRUCTURES UNFIT FOR HUMAN HABITATION
Sec. 22-731. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling means any building or structure or part thereof used and occupied for human occupation or use or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
Occupant means any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises in fee simple and every mortgagee of record.
Parties in interest means all individuals, associations or corporations who have interests of record in a structure or parcel of land or who have actual possession thereof.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Public officer means the building official.
Structure means any dwelling or place of public accommodation.
(Code 1981, § 6-321)
Cross references: Definitions generally, § 1-2.
Sec. 22-732. Findings.
Pursuant to T.C.A. § 13-21-101 et seq., it is found that there exist in the city structures that are unfit for human occupation or use due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such structures unsafe or unsanitary or dangerous or detrimental to the health, safety or morals or otherwise inimical to the welfare of the residents of the city.
(Code 1981, § 6-320)
Sec. 22-733. Enforcing official.
The building official is designated as the public officer who shall exercise the powers prescribed in this division.
(Code 1981, § 6-321.1)
Sec. 22-734. Powers of building official.
The building official is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and requirements of this division, including the following powers in addition to others granted in this division:
(1) Investigate conditions in the city in order to determine which structures are unfit for human occupation or use.
(2) Administer oaths and affirmations, examine witnesses and receive evidence.
(3) Enter upon premises for the purposes of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(Code 1981, § 6-330)
Sec. 22-735. Conditions rendering dwelling unfit for human habitation.
In addition to other standards set forth in this division, the building official may determine that a structure is unfit for human occupation or use if he finds that conditions exist in such structure that are dangerous or injurious to the health or safety of the occupants of such structure, the occupants of neighboring structures or other residents of the city. Such conditions may include the following, but without limiting the generality of the foregoing: defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
(Code 1981, § 6-327)
Sec. 22-736. Institution of action and notification.
(a) As used in this section, the term "public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the city or state government relating to health, fire, building regulation or other activities concerning structures in the city.
(b) Whenever a petition is filed with the building official by a public authority or by at least five residents of the city charging that any structure is unfit for human occupation or use or whenever it appears to the building official on his own motion that any structure is unfit for occupation or use, the building official shall, after making a preliminary investigation and such investigation discloses a basis for the charges, issue and cause to be served upon the owner and parties in interest of such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building official at a time and place therein fixed not less than ten days nor more than 30 days after the serving of the complaint. The notice shall also state that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.
(Code 1981, § 6-322)
Sec. 22-737. Determination of and further notice by building official.
(a) If, after such notice and hearing as prescribed in section 22-736, the building official determines that the structure under consideration is unfit for human habitation or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order as follows:
(1) If the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to repair, alter or improve such structure to render it fit for human occupation or use or, if not adequately repaired, altered or improved within the time specified in the order, to vacate and close the dwelling as a place of human habitation or use; or
(2) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, the order shall require the owner, within the time specified in the order, to remove or demolish such structure.
(b) The building official shall determine the value of the structure in question existing on the land, and the value of the land itself shall not be considered. If the structure can be made to conform to such standards as will make it properly habitable by an expenditure of not more than 50 percent of such value, the order referred to in subsection (a)(2) of this section shall conform to the first alternative in subsection (a)(1) of this section. If an expenditure of more than 50 percent of the value would be necessary to make the structure properly habitable, the order in subsection (a)(1) of this section shall conform to the second alternative in subsection (a)(2) of this section.
(c) Any repair, alteration or improvement instituted in compliance with this division shall be made in conformance with the zoning and building codes.
(Code 1981, § 6-323)
Sec. 22-738. Failure of owner to comply.
If the owner fails to comply with the order under subsection 22-737(a)(1), the building official may cause such structure to be repaired, altered or improved or be vacated and closed. If the building is vacated and closed, the building official may cause to be posted on the main entrance of any structure so closed a placard with the following words: "This building is unfit for human occupation or use; the use or occupation of this building for human occupation or use is prohibited and unlawful."
(Code 1981, § 6-324)
Sec. 22-739. Failure of owner to remove or demolish.
If the owner fails to comply with an order as set forth in subsection 22-737(a)(2), the building official may cause such structure to be removed or demolished.
(Code 1981, § 6-325)
Sec. 22-740. Creation of lien and payment into court.
Under this division, the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the building official shall, upon the filing of the notice with the office of the register of deeds of the county in which the property lies, be a lien in favor of the city against the real property on which such cost was incurred, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the structure is removed or demolished by the building official, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court by the building official, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court. However, nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Code 1981, § 6-326)
Sec. 22-741. Service of complaints or orders.
Complaints or orders issued by the building official pursuant to this division shall be served upon persons either personally or by registered mail. However, if the whereabouts of such persons are unknown and the whereabouts cannot be ascertained by the building official in the exercise of reasonable diligence and the building official shall make affidavit to that effect, the serving of such complaint or order upon such persons may be made by publishing the complaint or order once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the register's office of the county in which the structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(Code 1981, § 6-328)
Sec. 22-742. Enjoining enforcement of order.
(a) Any person affected by an order issued by the building official pursuant to this division may file a bill in the chancery court for an injunction restraining the building official from carrying out the provisions of the order, and the court may, upon the filing of such bill, issue a temporary injunction restraining the building official pending the final disposition of the cause, provided that, within 60 days after the posting and service of the order of the building official, such person shall file such bill in the court. Hearings shall be had by the court on such bill within 20 days or as soon thereafter as possible and shall be given preference over other matters on the court's calendar.
(b) The court shall hear and determine the issue raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the building official as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies provided in this section shall be exclusive remedies, and no person affected by an order of the building official shall be entitled to recover any damages for action taken pursuant to any order of the building official or because of noncompliance by such person with any order of the building official.
(Code 1981, § 6-329)
Secs. 22-743--22-770. Reserved.
DIVISION 4. PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENCES
Sec. 22-771. Applicability.
This division shall not apply to any parcel of property upon which an owner-occupied residence is located.
(Code 1981, § 6-344)
Sec. 22-772. Enforcing official.
The building official is designated as the public officer who shall exercise the powers set out in this division.
(Code 1981, § 6-340)
Sec. 22-773. Institution of action and notification.
Pursuant to T.C.A. § 6-54-113, if it is determined by the building official that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter or garbage or any combination of such elements so as to endanger the health, safety or welfare of other citizens or so as to encourage the infestation of rats and other harmful animals, the building official shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include but not be limited to the following elements:
(1) A brief statement of the provisions of this division, which shall contain the consequences of failing to remedy the noted condition;
(2) The person, office, address and telephone number of the department or person giving notice;
(3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the city; and
(4) A place where the notified party may return a copy of the notice, indicating the desire for a hearing.
(Code 1981, § 6-341)
Sec. 22-774. Failure of owner to comply.
(a) If the person fails or refuses to remedy the condition within ten days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The city may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The city may bring one action for debt against more than one or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the city, second only to liens of the state, county and city for taxes; any lien of the city for special assessments; and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the city tax collector at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
(b) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communication, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subsection (a) of this section shall be 20 days, excluding Saturdays, Sundays and legal holidays.
(Code 1981, § 6-342)
State law references: Similar provisions, T.C.A. § 6-54-113(c)(1), (2).
Sec. 22-775. Rules; hearings; stay of enforcement.
(a) The board of mayor and aldermen may make rules and regulations necessary for the administration and enforcement of this division. The building official shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to section 22-773. A request for a hearing shall be made within ten days following the receipt of the notice issued pursuant to section 22-773. Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
(b) Any person aggrieved by an order or act of the building official under this division may seek judicial review of the order or act. The time period established in section 22-774 shall be stayed during the pendency of a hearing.
(Code 1981, § 6-343)
Secs. 22-776--22-800. Reserved.
Ohio Municipal League Workshop 3/7
Joe Miller and I attended a day long seminar at Kings Island. Was helpful on a couple different levels:
-got to know Joe better. We had a good time on the ride up, attending the session, and the return. It'll pay dividends for both of us as we collaborate going forward.
-agenda topics
Zoning - Government is a boat. Council decides on the destination, it does not drive the boat. An interesting metaphor, as we spend LOTS of our time day to day in the boiler room....
Open Records - what is our retention limit on docs? I learned our Village Email needs to be retained on same timing
Open Meetings - majority of governing body = 2 of 3 on a Committee. Need to be careful of 1:1 converations on a current or future Committee Topic. "Pre-arranged" is an important piece of this. Need to talk with Ed about the appropriate behavior.
Minutes - minutes are req'd for all governing body meetings, incl Committees. This means our personal note taking is not sufficient. Oppty: digital recordings with a good microphone means we might be able to get out of the paper minutes process at some point.
Newtown Council converation - they are having a fire study done and we should review their findings. I suggested the gentleman reach out to Dennis W. as head of Safety Committee.
Conversation with South Lebanon Councilman - they love their Administrator and know it's a great Return On Investment. I'm more and more convniced we should look seriously at an Administrator, probably part time at first.
Cortney
-got to know Joe better. We had a good time on the ride up, attending the session, and the return. It'll pay dividends for both of us as we collaborate going forward.
-agenda topics
Zoning - Government is a boat. Council decides on the destination, it does not drive the boat. An interesting metaphor, as we spend LOTS of our time day to day in the boiler room....
Open Records - what is our retention limit on docs? I learned our Village Email needs to be retained on same timing
Open Meetings - majority of governing body = 2 of 3 on a Committee. Need to be careful of 1:1 converations on a current or future Committee Topic. "Pre-arranged" is an important piece of this. Need to talk with Ed about the appropriate behavior.
Minutes - minutes are req'd for all governing body meetings, incl Committees. This means our personal note taking is not sufficient. Oppty: digital recordings with a good microphone means we might be able to get out of the paper minutes process at some point.
Newtown Council converation - they are having a fire study done and we should review their findings. I suggested the gentleman reach out to Dennis W. as head of Safety Committee.
Conversation with South Lebanon Councilman - they love their Administrator and know it's a great Return On Investment. I'm more and more convniced we should look seriously at an Administrator, probably part time at first.
Cortney
Saturday, March 6, 2010
Committee attendance last week
I attended 3 committee meetings last week, none of which I'm a member.
Finance (in person)
I'm excited to see about half the deficit eliminated if selected. Lots of really good ideas. Some I'm most excited about:
-police reduced OT year over year. 2009 $38K down from $54K in 2008. Still too high but a good trend/trajectory
-Fire/EMS Transport costs haven't been increased since 2003. Time to increase because of time as well as super fast service
-Maintenance eliminate the redundancy of brush pickup. We no longer do unless a Citizen asks for help. Citizens need to follow rules
-Maintenance mowing should come down due to recession and number of returned bids (11). More specificity this week!
-Tax new office cheaper $6000 savings
-Admin get rid of post meter in 2011
-Admin didn't talk about it, but I think we can eliminate $125 fee to transcribe minutes by going digital!
Safety committee (phone)
-Stop signs for Nolen. Will help with speed mid street
-Interest in slowing down Wooster whole length of Village to 25. I support this!
Zoning committee (phone)
-rehash of Commission Meeting. Have concerns about the free pass we're giving. 9 step process for a reason. If 5 steps, then change the process
Cortney
Finance (in person)
I'm excited to see about half the deficit eliminated if selected. Lots of really good ideas. Some I'm most excited about:
-police reduced OT year over year. 2009 $38K down from $54K in 2008. Still too high but a good trend/trajectory
-Fire/EMS Transport costs haven't been increased since 2003. Time to increase because of time as well as super fast service
-Maintenance eliminate the redundancy of brush pickup. We no longer do unless a Citizen asks for help. Citizens need to follow rules
-Maintenance mowing should come down due to recession and number of returned bids (11). More specificity this week!
-Tax new office cheaper $6000 savings
-Admin get rid of post meter in 2011
-Admin didn't talk about it, but I think we can eliminate $125 fee to transcribe minutes by going digital!
Safety committee (phone)
-Stop signs for Nolen. Will help with speed mid street
-Interest in slowing down Wooster whole length of Village to 25. I support this!
Zoning committee (phone)
-rehash of Commission Meeting. Have concerns about the free pass we're giving. 9 step process for a reason. If 5 steps, then change the process
Cortney
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