Steubenville City Zoning Code

TITLE ELEVEN

Housing and Property Maintenance.

1195.01 ADOPTION.

The 2024 edition of The International Property Maintenance Code, as published by the International Code Council, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of the City of Steubenville, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code.

(Ord. 2024-78. Passed 11-12-24.)

1195.02 FILE COPY.

A copy of the Property Maintenance Code, 2024 edition is on file and available for public review in the office of the Steubenville Planning and Zoning Commission.

(Ord. 2024-78. Passed 11-12-24.)

1195.03 CONFLICT.

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

(Ord. 2009-51. Passed 7-7-09.)

1195.04 AMENDMENTS.

The Property Maintenance Code adopted herein is modified by the amendment, enactment or deletion of the following sections as respectively indicated, which modifications are hereby adopted as set forth herein.

Sec.101.1 Title (Amended). These regulations shall be known as the Property Maintenance

Code of the City of Steubenville, hereinafter referred to as "this code."

Sec. 101.3 Purpose (Amended). This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by continued occupancy and maintenance of structures and premises. Existing structures and premises shall comply with these provisions and with the standards setting forth a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Residential Code of Ohio (RCO), the Ohio Building Code, the Ohio Existing Building Code, or such other code as may be applicable in a given case, as required for existing buildings.

Section 102.3 Application of other codes (Amended). Repairs, additions or alterations to a structure, or change of occupancy, shall be done in accordance with the procedures and provisions of the Residential Code of Ohio (RCO), the Ohio Building Code, the Ohio Existing Building Code, the Ohio Energy Conservation Code, and NFPA 70, or such other codes as may be applicable in a given case. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City Zoning Code.

Sec. 103.1 Creation of agency (Amended). The division of property maintenance inspection is hereby created under the Steubenville Planning and Zoning Commission and the executive official in charge thereof shall be known as the code official.

Sec. 103.2 Appointment (Deleted).

Sec. 103.3 Deputies (Deleted).

Sec. 104 Fees (Deleted).

Sec. 106.1 General (Amended). The Board of Engineering and Building Appeals shall also be the Board of Property Maintenance Appeals and any person directly affected by a decision of the code official or a notice or order issued under this code shall be permitted to file with the code official, an appeal in writing to the Board of Property Maintenance Appeals in accordance with Chapter 1329 of the City Building Code.

Sec. 106.3 Qualifications (Deleted).

Sec. 107.3 Prosecution of violation (Amended). If the notice of violation or order served in accordance with Section 109 is not complied with, the code official shall turn the matter over to the Law Director who shall institute appropriate legal action to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the City shall be charged against the premises upon which the structure is located.

The Clerk of Council shall certify to the Auditor of Jefferson County, Ohio the costs incurred together with a description of the premises and such cost shall become a lien against such real estate to be collected with other taxes and returned to the City. Nothing in this section shall prevent the city from pursuing all other legal methods of collection of costs in addition to placing a lien on the premises.

Sec. 107.4 Violation penalties (Amended). Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of a misdemeanor of the fourth degree. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Sec. 109.4.2 Method of service (Amended). Such notice shall be deemed to be properly served if a copy thereof is delivered personally, or sent by certified or first-class mail to the last known address. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in, on or about the structure affected by such notice.

Sec. 109.9 Restoration or abatement (Amended). The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner or owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions be made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the Residential Code of Ohio (RCO), the Ohio Building Code, or the Ohio Existing Building Code, as may be applicable in a given case.

Sec. 110.5 Costs of Emergency repairs (Amended). Costs incurred in the performance of emergency work, whether the same is incurred due to the use of employees, materials and equipment of the City, or by contract for labor, materials and equipment, or both, regardless of whether such emergency work is authorized under ordinances of the City, Ohio R. C. 715.26 or Section 3, Article XVIII, of the Ohio Constitution, including the cost of notice and service, together with a proper description of the premises, shall be certified by the Clerk of Council to the Auditor of Jefferson County, Ohio and such cost shall become a lien against such premises to be collected with other taxes and returned to the City.

Sec. 111.3 Failure to comply (Amended). If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed if funds are available. The total cost of demolition and removal, whether the same is incurred due to the use of employees, materials and equipment of the City, or by contract for labor, materials and equipment, or both, regardless of whether such demolition and removal is authorized under ordinances of the City, Ohio R.C. 715.26 or Section 3, Article XVIII, of the Ohio Constitution, including the cost of notice and service, together with a proper description of the premises, shall be certified by the Clerk of Council to the Auditor of Jefferson County, Ohio and such cost shall become a lien against such premises to be collected with other taxes and returned to the City.

Sec. 111.4 Salvage materials (Deleted).

Sec. 111.5 Demolition requirements (Enacted). Demolition and removal activities shall comply with the requirements of the City Building Code.

Sec. 201.3 Terms defined in other codes (Amended). Where terms are not defined in this code and are defined in the Ohio Building Code, the Ohio Existing Building Code, the Ohio Fire Code, the Ohio Plumbing Code, the Ohio Mechanical Code, the Ohio Fuel Gas Code, the Residential Code of Ohio (RCO), the Ohio Energy Conservation Code, or the City Zoning, Building, Plumbing, Fire Codes or NFPA 70, such terms shall have the meanings ascribed to them as in those codes.

Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by

other codes.

Sec. 202 Def. No. 7 CODE OFFICIAL (Amended). The official who is charged with the administration and enforcement of this code, or any duly authorized representative. The Building

Inspector or his designee shall be the code official.

Sec 301.2 Responsibility (Amended). The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner's agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the Ohio Building Code, the Ohio Existing Building Code, or the Residential Building Code of Ohio (RCO). A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control.

Sec. 302.3 Sidewalks and driveways (Amended). All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Maintenance of sidewalks and driveways shall also comply with Sections 521.04 and 521.06 of the General Offenses Code; Chapters 901 and 903 of the Streets, Utilities and Public Services Code; and Chapter 1311 of the City Building Code.

Sec. 302.4 Weeds (Amended). All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches or higher. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. All owners or persons in charge of property must also comply with Section 521.10 of the General Offenses Code concerning the cutting and removal of weeds.

Sec. 303.1 Swimming pools (Amended). Swimming pools shall be maintained in a clean and sanitary condition, and in good repair, in accordance with Chapter 1337 of the City Building Code.

Sec. 303.2 Enclosures (Amended). Enclosures around swimming pools shall comply with the provisions of Section 1337.05 of the City Building Code.

Sec. 304.1.1 Potentially Unsafe conditions (Amended). The following conditions shall be considered potentially unsafe, shall be assessed and shall be addressed in compliance with the Residential Code of Ohio (RCO), the Ohio Building Code, the Ohio Existing Building Code, or such other code as may be applicable in a given case, as required for existing buildings:

1. Structural members have deterioration or distress that appears to reduce their load carrying capacity.

2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations has deterioration or distress that appears to reduce its load-carrying capacity.

3. Structures or components thereof that have deterioration or distress that appears to reduce their load-carrying capacity.

4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight.

5. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

6. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

7. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects.

8. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects.

9. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

10. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

11. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

12. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code official.

Sec. 304.2 Protective treatment (Amended). Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint, shall be eliminated and surfaces repainted or other protective covering or treatment provided. Siding and masonry joints, as well as those between the building envelope and, the perimeter of windows, doors, and skylights, shall be maintained weather resistant and watertight. Tarp use for weather protection may not exceed thirty (30) days unless approved by the code official. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

Sec. [F] 304.3 Premises identification (Amended). Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum strike width of 0. 5 inch (12.7 mm). Building address numbering shall also comply with the requirements of Chapter 905 of the Streets, Utilities and Public Services Code.

Sec. 304.14 Insect screens (Amended). During the period beginning on April 30 and ending on September 1 in each year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.

Exception: Screens are not required where other approved means, such as air curtains or insect repellent fans, are employed.

Sec. 305.1.1 Potentially Unsafe conditions (Amended). The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the Residential Code of Ohio (RCO), the Ohio Building Code, the Ohio Existing Building Code, or such other code as may be applicable in a given case, as required for existing buildings:

1. Structural members have deterioration or distress that appears to reduce their load carrying capacity.

2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations has deterioration or distress that appears to reduce its load-carrying capacity.

3. Structures or components thereof have deterioration or distress that appears to reduce their load-carrying capacity.

4. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

5. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code official.

Sec. 306.1.1 Potentially Unsafe conditions (Amended). Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the Residential Code of Ohio (RCO), the Ohio Building Code, the Ohio Existing Building Code, or such other code as may be applicable in a given case, as required for existing buildings:

1. Soils that have been subjected to any of the following conditions:

1.1 Collapse of footing or foundation system;

1.2 Damage to footings, foundation, concrete or other structural element due to soil expansion;

1.3 Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;

1.4 Inadequate soil as determined by a geotechnical investigation;

1.5 Where the allowable bearing capacity of the soil is in doubt; or

1.6 Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.

2. Concrete that has been subjected to any of the following conditions:

2.1 Deterioration;

2.2 Ultimate deformation;

2.3 Fractures;

2.4 Fissures;

2.5 Spalling;

2.6 Exposed reinforcement;

2.7 Detached, dislodged or failing connections.

3. Aluminum that has been subjected to any of the following conditions:

3.1 Deterioration;

3.2 Corrosion;

3.3 Elastic deformation;

3.4 Ultimate deformation;

3.5 Stress or strain cracks;

3.6 Joint fatigue; or

3.7 Detached, dislodged or failing connections.

4. Masonry that has been subjected to any of the following conditions:

4.1 Deterioration;

4.2 Ultimate deformation;

4.3 Fractures in masonry or mortar joints;

4.4 Fissures in masonry or mortar joints;

4.5 Spalling;

4.6 Exposed reinforcement;

4.7 Detached, dislodged or failing connections.

5. Steel that has been subjected to any of the following conditions:

5.1 Deterioration;

5.2 Elastic deformation;

5.3 Ultimate deformation;

5.4 Metal fatigue;

5.5 Detached, dislodged or failing connections;

6. Wood that has been subjected to any of the following conditions:

6.1 Ultimate deformation;

6.2 Deterioration;

6.3 Damage from insects, rodents and other vermin;

6.4 Fire damage beyond charring;

6.5 Significant splits and checks;

6.6 Horizontal shear cracks;

6.7 Vertical shear cracks;

6.8 Inadequate support;

6.9 Detached, dislodged or failing connections; or

6.10 Excessive cutting and notching.

Exceptions:

1. When substantiated otherwise by an approved method.

2. Demolition of unsafe conditions shall be permitted when approved by the code official.

Sec. 308.1 Accumulation of rubbish or garbage (Amended). All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. All owners or persons in charge of property must also comply with Section 521.08 of the General Offenses Code and Section 1501.15 of the City Fire Prevention Code concerning the accumulation of rubbish or garbage.

Sec. 308.2.2 Refrigerators (Amended). Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. All owners or persons in charge of property must also comply with Section 521.01 of the General Offenses Code concerning discarded, abandoned or stored refrigerators.

Sec. 401.3 Alternative devices (Amended). In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Residential Code of Ohio (RCO), the Ohio Building Code, or the Ohio Existing Building Code, as may be applicable in a given case shall be permitted.

Sec. 502.5 Public toilet facilities (Amended). Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the City Plumbing Code or Ohio Plumbing Code, as may be applicable in a given case. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

Sec. 505.1 General (Amended). Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water in accordance with the City Plumbing Code or other Plumbing Code, as may be applicable in a given case.

Sec. 505.5.1 (Amended). Where a non-potable water reuse system or rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with the Ohio Plumbing Code or other Plumbing Code, as may be

applicable in a given case.

Sec. 602.2 Residential occupancies (Amended). Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 degrees C), in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Residential Code of Ohio (RCO), Ohio Building Code, Ohio Existing Building Code, or Ohio Mechanical Code as may be applicable in a given case. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

Sec. 602.3 Heat Supply (Amended). Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms in accordance with the Residential Code of Ohio (RCO), the Ohio Building Code, The Ohio Existing Building Code, or the Ohio Mechanical Code, as may be applicable in a given case.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in the applicable code.

2. In areas where the average monthly temperature is above 30 degrees F (-1 degrees C), a minimum temperature of 65 degrees F (18 degrees C) shall be maintained.

Sec. 602.4 Occupiable work spaces (Amended). Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 degrees F (18 degrees C) during the period the spaces are occupied in accordance with the Ohio Mechanical Code.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

Sec. 604.2 Service (Amended). The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 100 amperes.

Sec. 604.3.1.1 Electrical equipment (Amended). Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaries, ballasts, motor and electronic control, signaling and communication equipment that have exposed to water shall be replaced in accordance with the provisions of the Residential Code of Ohio (RCO), Ohio Building Code, or Ohio Existing Building Code, as may be applicable in a given case.

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:

1. Enclosed switches, rated 600 volts or less;

2. Busway, rated 600 volts or less;

3. Panelboards, rated 600 volts or less;

4. Switchboards, rated 600 volts or less;

5. Fire pump controllers, rated 600 volts or less;

6. Manual and magnetic motor controllers;

7. Motor control centers;

8. Alternating current high-voltage circuit breakers;

9. Low voltage power circuit breakers;

10. Protective relays, meters and current transformers;

11. Low-and-medium-voltage switchgear;

12. Liquid-filled transformers;

13. Cast-resin transformers;

14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;

15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;

16. Luminaires that are listed as submersible;

17. Motors;

18. Electronic control, signaling and communication equipment.

Sec. 604.3.2.1 Electrical equipment (Amended). Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the Residential Code of Ohio (RCO), Ohio Building Code, or Ohio Existing Building Code, as may be applicable in a given case.

Exception: Electrical switches, receptacles and fixtures shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.

Sec. 702.3 Locked doors (Amended). All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Residential Code of Ohio (RCO), Ohio Building Code, or Ohio Existing Building Code, as may be applicable in a given case.

Sec. 702.4 Emergency escape and rescue openings (Amended). Required emergency escape and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following:

1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with the Residential Code of Ohio (RCO), Ohio Building Code, or Ohio Existing Building Code, as may be applicable in a given case. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.

Sec. 703.2 Unsafe conditions (Amended). Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with the Ohio Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with the Ohio Fire Code.

Sec. 703.7 Vertical Shafts (Amended). Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts which connect two or more stories of a building shall be enclosed or protected as required in the Ohio Fire Code. New floor openings in existing buildings shall comply with the Ohio Fire Code.

Sec. 704.1 Inspection, testing and maintenance (Amended). Fire protection and life safety systems shall be maintained in accordance with the Ohio Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

Sec. 704.1.1 Fire protection and life safety systems (Amended). Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code, the Ohio Fire Code, the Ohio Building Code, and Ohio Existing Building Code.

Sec. 704.1.2 Required fire protection and life safety systems (Amended). Fire protection and life safety systems required by this code, the Ohio Fire Code or the Ohio Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the Ohio Fire Code, the Ohio Building Code, or the Ohio Existing Building Code, has been granted shall be considered to be a required system.

Sec. 704.1.3 Fire protection systems (Amended). Fire protection systems shall be inspected, maintained and tested in accordance with the Ohio Fire Code requirements.

Sec. 704.2.1 Records (Amended). Records shall be maintained of all system inspections, tests and maintenance in accordance with the Ohio Fire Code.

Sec. 704.3 Systems out of service (Amended). Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with the Ohio Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA25.

Sec. 704.3.1 Emergency impairments (Amended). Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in the Ohio Fire Code.

Sec. 704.4.2 Removal of existing occupant use hose lines (Amended). The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1. The installation is not required by the Ohio Fire Code, the Ohio Building Code or the Ohio Existing Building Code.

2. The hose line would not be utilized by trained personnel or the fire department.

3. The remaining outlets are compatible with local fire department fittings.

Sec. 704.4.3 Termination of monitoring service (Amended). For fire alarm systems required to be monitored by the Ohio Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

Sec. 704.5.1 Fire department connection access (Amended). Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of the Ohio Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

Sec. 704.6.4 Smoke detection system. (Amended). Smoke detectors listed in accordance

with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single and multiple-station smoke alarms and shall comply with the following:

1. The fire alarm system shall comply with all applicable requirements in the Ohio Fire Code.

2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with the Ohio Fire Code.

3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with the Ohio Fire Code.

Sec. 705.1 General (Amended). Carbon monoxide alarms shall be installed in dwellings in accordance with the Ohio Fire Code, except that alarms in dwellings covered by the Residential Code of Ohio (RCO) shall be installed in accordance with that code.

CHAPTER 8

REFERENCED STANDARDS

This chapter lists the standards that are referenced in various sections of this document. The application of the referenced standards shall be as specified in Section 102.8

Title	Referenced in code section number
ASME A17.1-2022/CSA B44-2022 ASME A17.3-2020	606.1, 606.3.1, 606.3.2, 606.3.3, 606.3.3
ASTM F1346-1991 (2018)	303.2
NFPA 10, 12, 12A, 17, 17A, 25, 70, 72, 80, 105, 204, 750, 2001	102.3, 201.3, 604.2, 703.3.2, 703.3.3, 703.4, 704.2, 705.2
Residential Code of Ohio	101.3, 102.3, 109.9, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 602.3, 604.3.1.1, 604.3.2.1, 702.3, 704.2, 705.1
Ohio Building Code	101.3, 102.3, 109.9, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 602.3, 604.3.1.1., 604.3.2.1, 702.3, 704.2
Ohio Existing Building Code	101.3, 102.3, 109.9, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 602.3, 604.3.1.1, 604.3.2.1, 702.3, 704.2
Ohio Fire Code	201.3, 702.1, 702.2, 702.3, 703.7, 704.1, 704.1.2, 704.1.3, 704.2.1, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 705.1
Ohio Mechanical Code	201.3, 602.2, 602.3, 602.4
Ohio Plumbing Code	201.3, 502.5, 505.1, 505.5.1
City Fire Prevention Code	308.1
Ohio Energy Conservation Code	102.3, 201.3
Ohio Fuel Gas Code	201.3

City General Offenses Code	302.3, 302.4, 302.7, 308.1, 308.2.2
City Building Code	110.4, 111.1, 302.3, 303.1, 303.2
City Plumbing Code	502.5, 505.1, 505.5.1
City Fire Prevention Code	308.1
City Streets, Utilities and Public Services Code	302.3, (F)304.3
City Zoning Code	102.3

(Ord. 2024-78. Passed 11-12-24.)

1195.05 BOARDING STANDARD.

The provisions of Appendix A of the International Property Maintenance Code entitled Boarding Standard are hereby adopted with the following modifications.

Sec. A102.1 Board sheet material (Amended). Boarding sheet material shall be a minimum 1/2 - inch (12.7 mm) thick wood structural panels complying with applicable building codes.

Sec. A102.2 Boarding framing material (Amended). Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with applicable building codes.

Sec. A102.3 Boarding fasteners (Amended). Boarding fasteners shall be minimum 3/8-inch (9.5 mm) diameter carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with applicable building codes.

(Ord. 2009-51. Passed 7-7-09.)

1197.01 APPLICABILITY.

The owners of all rental units in the City of Steubenville shall be required to register these properties with the Code Official. For the purpose of this chapter, the following definitions shall apply:

(a) "Code official" means the official who is charged with the administration and enforcement of the Property Maintenance Code or his designee.

(b) “Dwelling unit" as defined in Ohio R.C. 5321.01(F), means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

(c) “Owner" or "Property owner" means that person or persons, partnership, corporation or other entity listed on the deed as the owner in the deed records of Jefferson County, Ohio.

(d) "Rental agreement" as defined in Ohio R.C. 5321.01(D), means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties.

(e) "Rental unit" means "Residential premises" as defined in this section.

(f) "Residential premises" as defined in Ohio R.C. 5321.01(C), means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned and operated by a college or university. "Residential premises" does not include any of the following:

(1) Prisons, jails, workhouses, and other places of incarceration or correction, including, but not limited to, halfway houses or residential arrangements that are used or occupied as a requirement of a community control sanction, a post-release control sanction, or parole;

(2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721 of the Revised Code;

(3) Tourist homes, hotels, motels, recreational vehicle parks, recreation camps, combined park-camps, temporary park-camps, and other similar facilities where circumstances indicate a transient occupancy;

(4) Elementary and secondary boarding schools, where the cost of room and board is included as part of the cost of tuition;

(5) Orphanages and similar institutions;

(6) Farm residences furnished in connection with the rental of land of a minimum of two acres for production of agricultural products by one or more of the occupants;

(7) Dwelling units subject to sections 3733.41 to 3733.49 of the Revised Code;

(8) Occupancy by an owner of a condominium unit;

(9) Occupancy in a facility licensed as an SRO facility pursuant to chapter 3731 of the Revised Code, if the facility is owned or operated by an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or group of entities in which such an organization has a controlling interest, and if either of the following applies:

A. The occupancy is for a period of less than sixty days;

B. The occupancy is for participation in a program operated by the facility, or by a public entity or private charitable organization pursuant to a contract with the facility, to provide either of the following:

1. Services licensed, certified, registered, or approved by a governmental agency or private accrediting organization for the rehabilitation of mentally ill persons, developmentally disabled persons, adults or juveniles convicted of criminal offences, or persons suffering from substance abuse;

2. Shelter for juvenile runaways, victims of domestic violence, or homeless persons.

(10) Emergency shelters operated by organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. U.S.C.A. 501, as amended, for persons whose circumstances indicate a transient occupancy, including homeless people, victims of domestic violence, and juvenile runaways.

(g) "Tenant" as defined in Ohio R.C. 5321.01(A), means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others. (Ord. 2007-98. Passed 12-18-07.)

1197.02 REGISTRATION AND FEES.

(a) Property owners shall register all rental units that they own. Registration will take place at the Office of the Steubenville Planning and Zoning Commission and can be completed in person or by mail. Property owners are required to register within thirty (30) days after the effective date of this code or within thirty (30) days after obtaining legal possession of the property. The Code Official shall maintain registration forms which require submission of the following information: the name, address and telephone number of the owner(s); the address of each structure and premises with a rental unit; the number of rental units within each structure and premises; and, if someone other than the owner(s) is responsible for maintenance or repairs to a rental unit, the name, address and telephone number of the person(s) or entity responsible for such maintenance or repairs, along with identification of the rental units for which they are responsible. The following non-refundable fee payable to the City shall accompany registration and renewal of registration.

(1) Owners of one (1) rental unit, a fee of fifteen dollars ($15.00).

(2) Owners of two (2) to five (5) rental units, a fee of twenty-five dollars ($25.00).

(3) Owners of six (6) to twenty-five (25) rental units, a fee of fifty dollars ($50.00).

(4) Owners of twenty-six (26) to one hundred (100) rental units, a fee of seventy-five dollars ($75.00).

(5) Owners of one hundred and one (101) or more rental units, a fee of one hundred dollars ($100.00).

(6) If a registration form is filed late, an additional late fee of ten dollars ($10.00). If an owner requires additional rental units between registration periods, a minimum fee of ten dollars ($10.00) with a maximum fee as established in this section.

(b) Registration shall be valid for one (1) calendar year (from January 1 to December 31) unless false information was furnished on the registration form or ownership of the property has changed. Renewal of registration including submission of completed registration forms and payment of applicable fees shall be required by no later than January 30th of each year. Fees for new registration shall not be prorated if registration is required for less than one (1) calendar year; however, fees for renewal of registration may be prorated if for less than one (1) calendar year. All fees collected shall be deposited with the Director of Finance under the Rental Registration line item and used to cover the costs of implementation of this chapter and related expenses. In the event a property owners name, address or telephone number changes, the property owner must notify the Office of the Steubenville Planning and Zoning Commission regarding such change. It shall be the sole responsibility of the property owner to register and renew registration of rental units.

(Ord. 2017-90. Passed 12-5-17.)

1197.03 ENTRY AND INSPECTION.

The Code Official is authorized and directed to cause exterior inspections to be made of all dwellings, and the grounds surrounding such dwellings located within the City of Steubenville, with the inspection to include only those items which can be inspected by lawful means. In the event the Code Official has reason to believe that a code violation may have occurred within a dwelling unit, he is authorized and directed to inspect the remainder of the premises. The owner, operator or occupant of every dwelling unit may, upon the request of the Code Official, give the Code Official free access to the property, at reasonable times, for the purpose of inspection. In the event access to the premises is refused, the Code Official with the assistance of the Law Director may obtain an administrative warrant from a court of competent jurisdiction in order to gain access to the premises. In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means. This chapter shall not be construed to require an owner, operator or occupant to consent to a warrantless inspection of property except as provided by law.

(Ord. 2007-98. Passed 12-18-07.)

1197.04 APPLICATION OF CODES.

The code used in determining whether the conditions of property and premises are maintained in an approved manner shall be the Property Maintenance Code as adopted or as may be amended by the City of Steubenville.

(Ord. 2007-98. Passed 12-18-07.)

1197.05 NOTICES AND ORDERS.

When the Code Official determines that a code violation has occurred, notice shall be

provided to the property owner in accordance with Section 107 of the Property Maintenance Code.

(Ord. 2007-98. Passed 12-18-07.)

1197.06 RENTAL UNIT MANDATORY INSPECTION REQUIRED.

(a) The owner of a premises with a rental unit shall have the interior and exterior of the premises, its structures and its rental units inspected semi-annually (twice yearly), for a minimum of four (4) years, to determine compliance with the Property Maintenance Code, under the following circumstances:

(1) If two (2) or more notices and orders to comply have been issued to the owner pursuant to the Property Maintenance Code, within any two (2) year period, concerning the same premises, and have not been complied within the time provided in the notices and orders to comply, the premises that was the subject of the notices and orders to comply shall be subject to semi- annual mandatory inspections as specified in this section;

(2) If the owner has been convicted of a violation of the Property Maintenance Code, the premises that was the subject of the violation shall be subject to semi-annual mandatory inspections as specified in this section; or

(3) If the owner has had a premise ordered demolished pursuant to the Property Maintenance Code, and the owner has not complied within the time provided in the order, the premises that was the subject of the order shall be subject to semi-annual mandatory inspections as specified in this section.

(b) A notice and order to comply that it is issued after the effective date of this section, may constitute an uncomplied notice and order to comply for purposes of enforcement of the semi- annual mandatory inspections required by subsection (a)(1) of this section.

(c) A conviction that was obtained on or after the effective date of this section shall constitute a conviction for purposes of enforcement of the semi-annual mandatory inspections required by subsection (a)(2) of this section.

(d) A demolition order that is issued after the effective date of this section shall constitute a demolition order for purposes of enforcement of the semi-annual mandatory inspections required by subsection (a)(3) of this section.

(e) No owner of a rental unit shall fail to obtain a rental unit mandatory inspection from the Code Official when the provisions of this section require a rental unit mandatory inspection.

(f) A rental unit semi-annual mandatory inspection fee, per rental unit, which shall include the first two inspections semi-annually, shall be imposed as follows:

(1) A fee of one hundred dollars ($100.00) for a premises with one (1) rental unit;

(2) A fee of one hundred fifty dollars ($150.00) for a premises with two (2) rental units;

(3) A fee of two hundred dollars ($200.00) for a premises with three (3) rental units;

(4) A fee of two hundred fifty dollars ($250.00) for a premises within four (4) rental units; and

(5) A fee of two hundred sixty-five dollars ($265.00) for the first rental unit on a premises with five (5) or more rental units, and a fee of fifteen dollars ($15.00) per rental unit for each additional rental unit on the premises.

(g) A rental unit mandatory inspection re-inspection fee, per rental unit, for each re- inspection semi-annually subsequent to the first two inspections semi-annually, per rental unit, shall be imposed in the amount of fifty dollars ($50.00).

(h) If a person fails, neglects or refuses to pay a rental unit inspection or re-inspection fee required by subsection (f) or (g) of this section within thirty (30) days of being notified of the fee, then the Code Official shall so notify the Director of Finance. The Director of Finance shall certify the fee to the County Auditor. The County Auditor shall enter the amount on the tax duplicate of the county as a special assessment against the person’s real estate at issue.

(i) All fees collected under this section shall be deposited with the Director of Finance under the Property Maintenance Code Enforcement line item and used to cover the costs of implementation of this Chapter and related expenses.

(j) If a person refuses to permit access to a premises with a rental unit under this section, then the Code Official with the assistance of the Law Director may obtain an administrative warrant in order to gain access as provided for in Section 1197.03 of this Chapter.

(Ord. 2014-51. Passed 7-8-14.)

1197.07 CHANGE OF OWNERSHIP.

Any person selling or otherwise relinquishing ownership control of a rental unit shall notify the Code Official of said change in ownership within five (5) days of the effective date of the transfer. Such notice shall be in writing and shall include: the name, address and telephone number of the new owner, and the name, address and telephone number of the previous owner. Rental registration shall not be transferred or assigned to any property owner, or to any dwelling or rooming unit, other than to whom and for which it was issued. New owners must register rental units in accordance with the provisions of this code.

(Ord. 2007-98. Passed 12-18-07.)

1197.08 EXPIRATION AND RENEWALS.

Every rental unit registration shall be valid for one (1) calendar year (from January 1 to December 31), following which time renewal of the registration shall be required in the same manner and following the same procedures under which the original registration was completed.

(Ord. 2017-90. Passed 12-5-17.)

1197.09 APPEALS.

Any property owner, operator or occupant directly affected by a decision of the Code Official regarding this code shall be permitted to file with the Code Official, an appeal in writing to the Board of Property Maintenance Appeals in accordance with Section 111.1 of the Property Maintenance Code. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. (Ord. 2007-98. Passed 12-18-07.)

1197.10 SEVERABILITY.

The provisions of these regulations shall be severable and should any section or provision of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2007-98. Passed 12-18-07.)

1197.99 VIOLATIONS; PENALTY.

Any property owner who fails to register rental units shall be deemed guilty of a minor misdemeanor. Any property owner or person responsible who shall violate a requirement of the Property Maintenance Code shall be subject to the provisions of Section 106 of such code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 2007-98. Passed 12-18-07.)

1199.01 PURPOSE.

The purpose of these regulations is to establish a program for identifying and registering vacant residential and commercial buildings; to determine the responsibilities of owners and/or persons of control of vacant buildings and structures; and to speed the rehabilitation of the vacant buildings. Shifting the cost of burden from the general citizenry to the owners of the vacant buildings will be the goal of these regulations.
(Ord. 2013-89. Passed 1-21-14.)

1199.02 DEFINITIONS.

(a) Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.

(1) “Owner or person in control” means the owner of the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; and executor; a trustee; and any person, public or private entity, lessee or holder of a lessor estate in the premises, and/or its duly authorized agent, with the authority to bring a building or premises into compliance with the provisions of this code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of mortgage agreement, until title to the premises is transferred to a third party.

(2) “Secured by other than normal means” means a building secured by means other than those used in the design of the building.

(3) “Unoccupied” means a building which is not being used for the occupancy authorized by the owner and/or person in control.

(4) “Unsecured” means a building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.

(5) “Vacant building” means a building (excluding government owned buildings) which is:

A. Unoccupied and unsecured; or

B. Unoccupied and secured by other than normal means: or

C. Unoccupied and an unsafe building as determined by the Property Maintenance Code Official or his/her designee; or

D. Unoccupied or having public water service terminated; or

E. Unoccupied and has property maintenance building code violations; or

F. Illegally occupied which shall include loitering and vagrancy; or

G. Unoccupied for a period of time over ninety (90) days and having an existing notice of code violation issued by the Property Maintenance Code Official or his/her designee; or

H. Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed).

I. Unoccupied and abandoned by the property owner or person in control.

J. A building shall not be considered a vacant building if the building contains multiple units and any one (1) of the multiple units is considered to be occupied.

(6) “Evidence of vacancy” means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: termination of public water service, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows or doors, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.

(7) “Temporarily vacant” means an owner occupied residential building which is unoccupied by the owner for a period not to exceed six (6) months in any calendar year.

(8) “Vacant residential building” means a vacant building with three (3) or fewer dwelling units within the structure and no commercial or other space.

(9) “Vacant commercial building” means a vacant building with more than three (3) dwelling units within the structure or any vacant building containing commercial, industrial or other space.

(Ord. 2022-60. Passed 8-9-22.)

1199.03 VACANT PROPERTY/BUILDING REGISTRATION.

(a) The owner or person in control shall register at the Office of the Steubenville Planning and Zoning Commission not later than ninety (90) days after any residential or commercial building in the City becomes a vacant building or not later than thirty (30) days of being notified by the Property Maintenance Code Official of the requirement to register based on evidence of vacancy, whichever event first occurs.

(b) The registration shall be submitted on forms provided by the Planning and Zoning Commission and shall include the following information supplied by the owner:

(1) The name(s) and residential and mailing address(es) of the owner or owner(s); or person in control or persons in control;

(2) If the owner or person in control does not reside in Jefferson County, Ohio, the name and address of any third party who the owner or person in control has entered into a contract or agreement with for property management. By designating an authorized agent under the provisions of this section, the owner or person in control is consenting that the third party is authorized to receive any and all notices relating to the property and conformance of any and all ordinances;

(3) The names and addresses of all known lien holders and all other parties with an ownership interest in the property;

(4) A telephone number where the owner or person in control can be reached at all times during business and non-business hours; and

(5) A vacant building plan as described in subsection (c) hereof.

(c) The owner or person in control shall submit a vacant building plan which must meet the approval of the Property Maintenance Code Official. The plan, at a minimum, must contain information from one (1) of the following three (3) choices:

(1) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within thirty (30) days of acceptance of the proposed demolition timeline and completion according to plan, and does not exceed one year in accordance with applicable codes; or

(2) If the building is to remain vacant, a plan for the ensuring the building is secured along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or

(3) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds. The rehabilitation plan shall not exceed twelve (12) months from the time building permits are obtained, unless the Building Inspector grants an extension upon receipt of a written statement from the owner detailing the reasons for the requested extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, health, or building codes and the property must be secured during the rehabilitation.

(d) All applicable laws and codes shall be complied with by the owner or person in control. The owner or person in control shall notify the Property Maintenance Code Official of any changes in the information of their vacant building registration within thirty (30) days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be submitted in writing and must meet the approval of the Property Maintenance Code Official and/or Building Inspector.

(e) The owner or person in control and subsequent owners or persons in control shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable Property Maintenance Codes.

(f) A new owner(s) or person in control shall register or re-register the vacant building with the Planning and Zoning Commission within thirty (30) days of any transfer of an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Property Maintenance Code Official.

(g) The failure of the owner or person in control of the vacant building to obtain a deed for the property or to file the deed with the Jefferson County Recorder shall not excuse the property owner or person in control from registering the property.

(h) Failure of the owner or person in control or any subsequent owner(s) or persons in control to maintain the building and premises that result in enforcement action taken by the City shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.

(i) The Property Maintenance Code Official shall include in the file any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant building.

(j) The registration and all associated processes must be completed in its entirety annually for as long as the property remains vacant.
(Ord. 2013-89. Passed 1-21-14.)

1199.04 PERMITS AND BOND FOR DEMOLITION/REMOVAL.

For each demolition of a vacant building the owner or person in control shall obtain a permit as per Section 1323.12 of the Codified Ordinances and post a bond with the City as per Section 1323.121 of the Codified Ordinances.
(Ord. 2013-89. Passed 1-21-14.)

1199.05 INSPECTIONS.

The Property Maintenance Code Official is authorized and directed to inspect any premises and grounds located within the City of Steubenville for the purpose of enforcing and assuring compliance with this Chapter, with the inspection to include only those items which can be inspected by lawful means. In the event the Property Maintenance Code Official has reason to believe that a Code violation may exist within a building, he is authorized and directed to inspect the remainder of the premises. The owner, operator or occupant of every building may, upon the request of the Property Maintenance Code Official, give the Code Official free access to the property, at reasonable times, for the purpose of inspection. In the event access to the premises is refused, the Property Maintenance Code Official with the assistance of the Law Director may obtain an administrative warrant from a court of competent jurisdiction in order to gain access to
the premises. In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means. This chapter shall not be construed to require an owner, operator or occupant to consent to a warrantless inspection of property except as provided by law. The following shall apply:

(a) Vacant properties will be externally inspected by the Property Maintenance Code Official a minimum of twice per year to ensure the compliance of property maintenance codes;

(b) Vacant properties will be both internally and externally inspected at the start of each registration period (new and renewal) and when the registration is terminated by the property owner or person in control;

(c) Vacant properties will be both internally and externally inspected upon acquisition of the property by a new owner or person in control and prior to issuance of a Certificate of Occupancy. No vacant property registered under this Chapter can be reoccupied until a Certificate of Occupancy is issued by the Building Inspector;

(d) Any inspection that is to take place within thirty (30) days of a previous inspection may or may not be conducted at the discretion of the Property Maintenance Code Official.
(Ord. 2013-89. Passed 1-21-14.)

1199.06 VACANT BUILDING FEES.

The fees shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs incurred by the City in monitoring the vacant building site. The annually increased fee amounts shall be reasonably related to the costs incurred by the City for demolition and hazard abatement of or repairs to vacant buildings, as well as the continued normal administrative costs stated above.

(a) The owner or person in control of a vacant residential building shall pay an annual fee of two hundred dollars ($200.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be increased by fifty dollars ($50.00) over the previous year's fee amount, for a maximum annual fee equaling the five (5) year fee of four hundred dollars ($400.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.

(b) The owner or person in control of a vacant commercial building shall pay an annual fee of four hundred dollars ($400.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be increased by seventy-five dollars ($75.00) over the previous year's fee amount, for a maximum annual fee equaling the five (5) years fee of seven hundred dollars ($700.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.

(c) The first annual fee shall be paid at the time the building is registered. If the fee is not paid, or if the registration form is not properly completed or submitted to the Steubenville Planning and Zoning Commission, the owner or person in control shall be considered in violation of the provisions of this Chapter.

(d) The fee shall be paid in full and registration completed prior to the issuance of any building permits unless the property is granted an exemption. The fee shall be prorated and a refund may be issued if the building is no longer deemed vacant under the provisions of this Chapter within one hundred eighty (180) days of its registry.

(e) All delinquent fees shall be paid by the owner or person in control prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.

(f) Late fees shall be paid in addition to the annual registration and will be equal to the annual fee or one thousand dollars ($1,000.00), whichever is less.

(g) All fees received under this section shall be deposited with the Director of Finance under the Property Maintenance Code Enforcement line item and used to cover the costs of implementation of this Chapter and the demolition of vacant buildings and related expenses.
(Ord. 2013-89. Passed 1-21-14.)

1199.07 EXEMPTIONS.

(a) A building under active construction/renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.

(b) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of ninety (90) days after the date of the fire or extreme weather event if the property owner or person in control submits a request for exemption in writing to the Property Maintenance Code Official. This request shall include the names and addresses of the owner or owners or person or persons in control, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.

(c) A building that is for sale and listed with a licensed State of Ohio realtor shall be exempted for a period of twelve (12) months from the start of vacancy, provided that the owner or person in control submits proof to the Property Maintenance Code Official of such listing and for sale status. The owner or person in control shall provide the name and contact information for any realtor listing the property to the Property Maintenance Code Official.

(d) A building that has been granted an exemption pursuant to the following: Any owner or person in control of a vacant building may request an exemption from the provisions of this Chapter by filing a written application with the Property Maintenance Code Official who shall timely consider same. In determining whether a request for exemption should be granted, the Property Maintenance Code Official shall consider the following: The applicants prior record as it pertains to Rental Housing Code, Building Code, or Property Maintenance Code violations; The amount of vacant property the applicant cunently has within the City; and the length of time that the building for which the exception is sought has been vacant.

(e) The application of this Chapter shall not be inconsistent with or contrary to any and all requirements for historical structures established by any City, State, or Federal Agency.

(f) This section shall not apply to any residential properties determined to be temporarily vacant as defined in this Chapter.

(g) All requests for an exemption shall be made to the Property Maintenance Code Official. The Property Maintenance Code Official shall make a decision and notify the applicant within seven (7) business days of the filing of the request for exemption.
(Ord. 2013-89. Passed 1-21-14.)

1199.08 APPEALS.

Any owner or person in control directly affected by a decision of the Property Maintenance Code Official regarding this Chapter shall be permitted to file with the Code Official, an appeal in writing to the Board of Property Maintenance Appeals in accordance with Section 111.1 of the Property Maintenance Code. An application for an appeal shall be based on a claim that the true intent of this Chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Chapter do not fully apply, or the requirements of this Chapter are adequately satisfied by other means.
(Ord. 2013-89. Passed 1-21-14.)

1199.99 PENALTY.

Any owner or person in control violating any provisions of this Chapter shall be punishable as provided by Section 106.4 of the Property Maintenance Code.
(Ord. 2013-89. Passed 1-21-14.)

CODIFIED ORDINANCES OF STEUBENVILLE