It's the Law! Property Owners Must Maintain Structures

The City of Huntington government has established ordinances over the years intended to protect the property values and appearance of all city neighborhoods. Notice the dates each section was enacted. Again, Huntington citizens already have the protection against almost anything that can be imagined. Again, the failure has been the lack of of a Zero Tolerance policy related to property owners maintaining their properties in a safe and properly maintained condition. It appears that our new city administration is moving forward to resolve the issue of dilapidated structures and those in a state of disrepair. Here is the current law:

1739.01 DECLARATION OF NUISANCE.
It is hereby declared that any dwelling or other building unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause such dwelling or other building to be unsafe, unsanitary, dangerous or detrimental to the public welfare is declared to be a nuisance, and may, be abated by repair, alteration or improvement, or the vacating and closing or removal or demolition, or any combination thereof, as provided in this article.
All provisions inconsistent with the provisions of this article contained in the Building and Housing Code are hereby repealed. (Ord. 12-28-83)

1739.02 UNSAFE BUILDINGS COMMISSION.
There is hereby created an enforcement agency to be known as the Unsafe Buildings Commission. Such agency shall be composed of the Mayor or his or her designee, the Supervisor of Building Inspections and one member at large, to be selected by and to serve at the will and pleasure of the Mayor. The Supervisor of Building Inspections may request the presence of the Housing Inspector at all regular and special meetings of the Commission. The Health Officer and the Fire Chief shall serve as ex-officio members of the Commission with all the accompanying rights of all other members, including voting rights. The Fire Chief may designate the Fire Marshal to serve upon the Commission in his or her stead. In the event any member is unable to attend a regular or special meeting of the Commission, the Mayor may designate and appoint an alternate member to serve in the absent member’s place at such meeting. The Mayor shall serve as chairperson, or may designate a chairperson, and a majority of the Commission shall constitute a quorum. A permanent record shall be kept in the Mayor’s office and shall be open to inspection by any party in interest. The Commission shall have the authority to make rules and regulations, not contrary to law, for the purpose of carrying out the intent of this article. (Ord. 9-23-96)

1739.03 BUILDING AND HOUSING CODE 38

1739.03 RIGHT OF ENTRY.
In order to perform its duties effectively and protect the public interest, the Unsafe Buildings Commission members or any ex-officio member, or any person delegated by the Commission for the purposes of this article, shall have authority to go upon and inspect any dwelling or other building or any part thereof, provided, that such entrance and inspection shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. (Ord. 12-28-83)

1739.04 HEARING BEFORE COMMISSION.
Upon information received from any person or as a result of its own investigation, the Unsafe Buildings Commission may issue a complaint against any building and the owner thereof. Such complaint shall definitely locate the building, shall describe the conditions complained of and shall set a date and place for a hearing on the question of whether the building is unfit for human habitation or is unsafe, unsanitary, dangerous or detrimental to the public welfare. Any complaint or order shall be served upon the owner in accordance with the law of this State concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint. Service shall be made at least ten days prior to the hearing, except that in the case of an emergency endangering the life or health of the occupants of the building or other parties, the time may be shortened. At such hearing, the owner may appear in person or by agents or counsel, and may examine any witnesses who testify and may offer evidence in his own behalf. Either the Commission or the owner may have the entire evidence recorded at their own expense, however, such shall not be mandatory. A lessee whose interests are substantially affected may appear and be heard in the same manner as the owner.
(Ord. 5-29-84)

1739.05 FINDINGS; REMEDIAL ORDER; PERFORMANCE.
(a) If the majority of the members of the Unsafe Buildings Commission present at such hearing are of the opinion that the building in question is unfit for habitation or is unsafe, unsanitary, dangerous or detrimental to the public welfare, the Commission shall enter an order requiring that such building be closed or demolished, or, in a proper case, setting forth such repairs as are considered necessary in order to make the building reasonably suited for human habitation or to make it safe and sanitary and not dangerous or detrimental to the public. The order shall fix a date when such work shall be completed, which, for good cause shown, may be extended by the Commission. The owner shall within the time fixed in the order, notify the Commission of his intention to comply with the order, in which case, the work shall be done under the supervision of the City Building Officials. When the work has been completed in accordance with the order of the Commission, an order shall be entered approving the work and closing the case.

(b) If within the time provided in the order, the owner fails to notify the Commission and do the work required, the Commission may proceed to have such work done, either by contract or by the purchase of necessary materials and the employment of workers and equipment.
(Ord. 10-10-06)

1739.99 PENALTY.
Whoever violates any section within this article for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty (30) days or both. Each day such violation continues shall constitute a separate offense.
(Ord. 6-25-07.)