(Ord. 336-15. Passed 6-23-15; Ord. 23-22. Passed 10-11-22; Ord. 056-25. Passed 2-25-25; Ord. 344-25. Passed 8-12-25.)

(Ord. 336-15. Passed 6-23-15; Ord. 344-25. Passed 8-12-25.)

   All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this Zoning Code. All of the following are violations of the Zoning Code.

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15.)

   The owner, tenant or occupant of any land or structure, or part thereof, or any design professional, builder, contractor, vendor, authorized agent or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Zoning Code may be held jointly and severally responsible for the violation and be subject to penalties and remedies.

(Ord. 336-15. Passed 6-23-15.)

   Each day that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation. Once a warning is issued, any violation that is corrected and reoccurs within one year from the date of the notice proceeds immediately to a citation.

(Ord. 336-15. Passed 6-23-15; Ord. 016-25. Passed 1-14-25.)

   The remedies and enforcement powers established in this Zoning Code are cumulative, and the City may exercise them in any order.

(Ord. 336-15. Passed 6-23-15.)

   Nothing in this Zoning Code will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the City under previous, valid ordinances and laws.

(Ord. 336-15. Passed 6-23-15.)

   A.    City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Zoning Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision applies regardless of whether the current owner or applicant is responsible for the violation in question.

   B.   Instead of withholding or denying a permit or other authorization, City officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial assurances that such correction will be made.

(Ord. 336-15. Passed 6-23-15.)

   A.   Any permit or other form of authorization required and issued under this Zoning Code may be revoked by the Commissioner of Building Inspection and/or Planning Director when the Commissioner and/or Director determines that:

      1.   There is departure from the plans, specifications, or conditions required under terms of the permit;

      2.   The development permit was procured by false representation or was issued by mistake; or

      3.   Any of the provisions of this Zoning Code are being violated.

   B.   Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or posted in a prominent location. Once notice of revocation is provided, all construction must stop.

(Ord. 336-15. Passed 6-23-15; Ord. 344-25. Passed 8-12-25.)

   Whenever a structure or part thereof is being constructed, reconstructed, altered, or repaired, or other development is occurring, in violation of this Zoning Code, the Commissioner of Building Inspection and/or Planning Director may order the work to be immediately stopped.

   A.   The stop-work order must be in writing and directed to the person doing the work.

   B.   The stop-work order must state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

   C.   Violation of a stop-work order issued under this Section constitutes a misdemeanor of the third degree, as defined in Chapter 5, General Offenses Code, Section 501.99.

(Ord. 336-15. Passed 6-23-15; Ord. 344-25. Passed 8-12-25.)

   Pursuant to Revised Code Section 713.13, the City may seek an injunction or other equitable relief in court to stop any violation of this Zoning Code.

(Ord. 336-15. Passed 6-23-15.)

   The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(Ord. 336-15. Passed 6-23-15.)

   A.   Whoever violates any section of Sec. 1115.0201 through 1115.0211 is guilty of a misdemeanor of the first degree per Toledo Municipal Code Part 17 - Health Code Sec. 1726.99, and each day that the violation exists will constitute a separate penalty per Sec. 1115.0507(E).

   B.   Illegal and unauthorized activity completed prior to issuing the required permit or approval shall also be subject to a doubled permit and/or application fee and a fine per TMC 1115.0507.

(Ord. 336-15. Passed 6-23-15; Ord. 23-22. Passed 10-11-22; Ord. 016-25. Passed 1-14-25; Ord. 344-25. Passed 8-12-25.)

      1.   The Director of Building and Code Compliance, and/or the Planning Director may issue penalties for violations subject to Section 1726.99 and include the following:

         a.   Whoever violates Section 1115.0201 through 1115.0211 shall be guilty of a misdemeanor of the first degree.

         b.   Whoever violates Section 1115.0201 through 1115.0211 shall be assessed fines as follows:

            First offense                  $75.00

            Second offense               $150.00

            Third offense                  $300.00

            Fourth offense and any offense thereafter   $600.00

         c.   All fines for citations issued in accordance with this chapter, shall be deposited in the Nuisance Abatement Trust Fund which fund shall be used exclusively for the enforcement of those chapters, with the exception of court costs which will be deposited as required by law.

         d.   Payment of a fine under this section may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.

      1.   Except as provided below, an initial citation for a single violation must be issued before a citation for a continuing violation is issued.

      2.   An initial citation is not required if the Director of Building and Code Compliance, and/or the Planning Director has previously issued a citation to the violator for the same violation at the same location within the previous two years, or if the violator has been specifically warned concerning the violation.

      3.   The Director of Building and Code Compliance, and/or the Planning Director may give a single notice of a citation for a continuing violation. The notice must contain a copy of the notice of violation and must state the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative.

      4.   If the violator has failed to pay the penalty and correct the violation after the initial citation the violator is subject to a citation for a continuing violation with a daily penalty.

      5.   The Director of Building and Code Compliance, and/or the Planning Director may elevate violations to a criminal penalty and/or fines, fees, judgements, and liens.

(Ord. 336-15. Passed 6-23-15; Ord. 23-22. Passed 10-11-22.)

   The City may seek such other penalties and remedies as are provided by Ohio law.

(Ord. 336-15. Passed 6-23-15.)

   In the case of violations of this Zoning Code that do not constitute an emergency or require immediate attention, the Commissioner of Building and Code Compliance and/or the Planning Director must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice will have up to 30 days to correct the violation before further enforcement action will be taken.

   A.   Notice must be given in person, by the U.S. mail, or by posting notice on the premises.

   B.   Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

   In the case of violations of this Zoning Code that constitute an emergency situation as a result of public safety concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Zoning Code without prior notice, but the Commissioner of Building and Code Compliance and/or the Planning Director must attempt to give notice simultaneously with beginning enforcement action. Notice must be provided to the property owner and to applicants for any relevant permit.

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

   Enforcement actions by the Commissioner of Building and Code Compliance and/or the Planning Director may be appealed to the Board of Zoning Appeals, in accordance with Sec. 1111.2000. A pending appeal to the Board of Zoning Appeals does not stay a decision to revoke a certificate or permit.

(Ord. 336-15. Passed 6-23-15; Ord. 016-25. Passed 1-14-25; Ord. 056-25. Passed 2-25-25.)

   Upon investigation, complaint or application of a person aggrieved, the Commissioner of Building and Code Compliance and/or the Planning Director shall make a written determination of whether a specified group of persons constitutes a household by virtue of being the functional equivalent of a family.

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

   The determination of the Commissioner of Building and Code Compliance and/or the Planning Director, subject to any modification on appeal, shall be transferable with the entire group of persons constituting the household or with a majority of the persons constituting such household. It shall not run with the premises when occupied by a different household or other group of persons.

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

   The Commissioner of Building and Code Compliance and/or the Planning Director's determination of functional equivalency may be appealed to the Board of Zoning Appeals in accordance with Sec. 1111.2000. In acting on appeals, the Board of Zoning Appeals shall apply the factors set forth in Sec. 1115.0904 and shall be authorized to overrule the Commissioner and/or Planning Director's determination only where there is evidence in the record that the Commissioner and/or Planning Director erred. The following individuals have the right to appeal the Commissioner and/or Planning Director's determination:

   A.   Any member of the group proposed as a household;

   B.   The owner of the premises occupied by such group; or

   C.   Any other person aggrieved by the Commissioner and/or Planning Director's determination.

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

   The determination of whether a group of unrelated persons living together are the functional equivalent of a family shall be based on such of the following factors as may be known to the Commissioner of Building and Code Compliance and/or the Planning Director. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family:

(Ord. 510-21. Passed 9-28-21; Ord. 056-25. Passed 2-25-25.)

   A.   The following factors shall be prima facie evidence that the group of persons living together constitutes a household:

      1.   The same group of persons, or a majority of them, has resided together at a different location for a period of at least 6 months or at the present location for at least 12 months; and

      2.   One or two members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sub-lease, hold-harmless or other written arrangements to pro-rate the rent or recover the rent from other members of the group.

   B.   The following factors shall be prima facie evidence that the group of persons does not constitute a household:

      1.   Individual members of the group have entered into separate leases for the same premises, or parts thereof, with the obligation under each lease constituting only a portion of the total periodic rent payment due to the landlord for occupancy of the premises; and

      2.   The premises are furnished with key-operated locks on individual rooms or with other means through which one member of the group may prevent other members of the group from entering her or his room or portion of the premises when she or he is not physically present (deadbolts, chains or other locking devices operated only from inside the room shall not be considered as evidence of the status of the group).

   C.   The following additional factors shall be considered, to the extent known or applicable, in determining whether the group of persons constitutes a household:

      1.   Voter registration by a majority of the eligible members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a household.

      2.   Drivers' licenses held by a majority of the adult members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Drivers' licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a household.

      3.   The registration of motor vehicles regularly found at the dwelling listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The regular presence at the dwelling of one or more motor vehicles belonging to members of the group and registered at one or more other addresses shall be considered evidence negating the proposition that the group is a household.

      4.   The filing of tax returns by a majority of the members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a household. Evidence that one or more individuals are claimed as dependents on the income tax return of individuals not resident in the household shall be considered evidence that the group is not a household.

      5.   The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one or more members of the group acting in the role of parents (and primary care-givers) shall be considered a factor tending to support the proposition that the group is a household.

      6.   Evidence that different residents of the dwelling unit are away during the summer and that they have several as opposed to a single summer address shall be considered evidence negating the proposition that the group is a household.

      7.   Evidence of common acquisition and ownership of furniture and appliances shall be considered evidence in support of the proposition that the group is a household.

      8.   Full-time employment of some members of the group in the general community shall be considered evidence in support of the proposition that the group is a household.

      9.   Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a household. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered "regularly prepared."

(Ord. 336-15. Passed 6-23-15.)

(Ord. 336-15. Passed 6-23-15; Ord. 056-25. Passed 2-25-25.)

(Ord. 336-15. Passed 6-23-15.)