RESOLUTION # 06-101
SUBJECT: NIMISHILLEN TOWNSHIP PROPERTY MAINTENANCE CODE
The Board of
Trustees of Nimishillen Township, Stark County, Ohio, met in Special
Session on the 16th day of March 2006, with the following
members present:
Todd D. Bosley, President
Lisa R. Shafer, Vice President
Michael L. Lynch, Trustee
__LISA R. SHAFER__ moved for adoption to amend
Resolution #04-128 to exclude the effective dates from May 1st
through September 30th:
WHEREAS, the Board of Trustees of Nimishillen
Township in serving and protecting the residents of Nimishillen Township;
and
WHEREAS, the non-maintenance of property,
buildings and structures can be construed as a safety issue for the
residents of Nimishillen Township; and
NOW,
THREFORE, BE IT RESOLVED, that the Board of Trustees for Nimishillen
Township, Stark County, Ohio, does hereby resolve to adopt the following
resolution of Property Maintenance Code.
BUILDING OR STRUCTURES
ORC Section 505.86 provides the Board of Trustees
with the authority to remove, repair or secure buildings or other
structures in the township that have been declared insecure, unsafe,
structurally defective or uninhabitable. The policy to be followed for
the removal, repair or securing of said structure is as follows:
1.
A written declaration that a building or structure may be or is
insecure, unsafe, structurally defective, or uninhabitable, with
supporting reasoning, photographs and other documentation, must be made by
one of the following appropriate agencies which must submit to the Board
of Trustees, with supporting reasoning and documentation, that a building
or structure is insecure, unsafe, structurally defective or uninhabitable:
A.
Nimishillen Township Fire Department to declare a building or
structure is or is possibly insecure, unsafe, or structurally defective;
B.
The Stark County Building Department to declare a building or
structure is or is possibly insecure, unsafe, or structurally defective;
C.
Nimishillen Township Code Officer or Zoning Inspector to declare a
building or structure is or is possibly insecure, unsafe or structurally
defective; or
D.
Stark County Board of Health to declare a building is or is
possibly uninhabitable.
2.
Upon a filing of the written reports, as stated above, a public
hearing date shall be established for the Board of Trustees to make a
determination of whether the building or structure shall be removed,
repaired or secured. The attached hearing notice, along with the written
report, shall be sent by Certified Mail to the
owner of record and any holders of legal or equitable liens of record upon
the real estate.
3.
If, after the hearing described in part 2, the Board of Trustees
determines that the subject building is to be removed, repaired, or
secured, the attached Board’s ‘Notice of Intention to Remove, Repair or
Secure Building or Structure’, the declared unsafe, insecure, structurally
defective or uninhabitable building shall be sent by Certified
Mail, at least thirty (30) days prior to the removal,
repair, securance, to the owners of record and holders of legal or
equitable liens of record upon the real property on which the building is
located. If the owner’s address is unknown and cannot reasonably be
obtained, it is sufficient to publish the notice once in a newspaper of
general circulation in the township. If the Board of Trustees determines
that a public emergency exists, notice may be given other than by
Certified Mail and less than thirty (30) days prior to such removal,
repair or securance.
4.
After completion of the notification period required by part 3,
unless the Board of Trustees has entered into an agreement with the owners
of record or the holders of liens upon the property to perform the
removal, repair of uninhabitable building, the Board of Trustees shall
provide for the removal, repair or securance of the building or structure.
5.
As determined by the Board of Trustees, the total cost of removing,
repairing or securing the building or structures shall be recovered by
either of the following methods:
A.
The Clerk of the township shall certify the total costs, together
with a proper description of the lands, to the county auditor, who shall
place the costs upon the tax duplicate. The costs are a lien upon such
lands from and after the date of entry. The costs shall be collected as
other taxes and returned to the township general fund.
B.
The Board of Trustees may commence a civil action to recover the
total costs from the owner.
VEGETATION, GARBAGE, REFUSE AND OTHER DEBRIS
ORC Section 505.87 authorizes the Board of Trustees
to provide for the abatement, control or removal of vegetation, garbage,
refuse and other debris from land in the township, if the Board determines
that the owner’s maintenance of such vegetation, garbage, refuse and other
debris constitutes a nuisance. The materials contemplated for regulation
by this policy are separated into two primary topics of vegetation and
refuse/debris/garbage and include, but are not limited to, the
descriptions contained in the subsequent lists. The policy to be followed
in the execution of this legislation is as follows:
1.
Upon receipt of a written complaint or a determination by the
Zoning Inspector that a nuisance exists, the Zoning Inspector shall
prepare a written report with a supporting description of the material
contemplated by this policy, photographs and other documentation, to be
submitted to the Board of Trustees.
2.
Where a written report has been prepared as a result of a written
complaint, the Board of Trustees shall send the attached letter to the
property owner, which provides the property owner with a seven (7) day
period from the letter mailing date to address with the Zoning Inspector
the contents of the written report before the filing of the report with
the Board of Trustees, as required in subparagraph three.
3.
After conclusion of the seven (7) day period described in
subparagraph 2, the Zoning Inspector shall file the written report with
the Board of Trustees along with any information supplied by the property
owner and a public hearing date shall be established for the Board of
Trustees to make a determination of whether the questioned material is
covered by this policy and whether the accumulation or storage of this
material constitutes a nuisance. Factors to be considered by the Board of
Trustees in determining whether a covered material is a nuisance are:
A.
A matter that endangers life or health; or
B.
An obstruction of the reasonable and comfortable use of surrounding
properties. This is a community standard decision where the average
property owner’s sensitivities are the guide in reaching this decision.
The determined sensitivity level must be balanced against the regulated
property owner’s interest in the free use of their land. The nuisance
standard is also relative according to the type of property owner being
regulated and the surrounding property owner (residential, rural,
commercial, industrial) and the character and extent of the potential
interference with the use of surrounding properties.
The attached hearing notice, along with the written
report and a copy of this policy, shall be sent by Certified
Mail to the owners of record and any holders of legal or
equitable liens of record upon the real estate.
4.
If, after the hearing described in subparagraph 2, the Board of
Trustees determines that the subject material is contemplated by this
policy and also constitutes a nuisance, the attached ‘Notice to Abate
Nuisance’ shall be sent by Certified Mail to the
owners of record or holders of legal or equitable liens of record upon the
real estate, at least seven (7) days prior to the abatement, control or
removal of the nuisance.
5.
After completion of the notification period required in
subparagraph 4, if the owner of the land has failed to abate, control or
remove the vegetation, refuse, debris or garbage constituting a nuisance,
the Board of Trustees shall provide for the abatement, control or removal
of the nuisance unless the Board of Trustees has entered into an agreement
with the owner of record or the holders of liens of record upon the real
estate to perform the abatement, control or removal of the nuisance. In
order to abate, control or remove said vegetation, refuse, debris or
garbage, the Board of Trustees may employ the necessary labor, materials
and equipment to perform the task.
6.
The Board of Trustees shall approve all expenses so incurred and
said expenses shall be paid from the township’s general fund with monies
not otherwise appropriated. The Board of Trustees shall make a written
report to the county auditor of the Board’s action as stated above. The
Board shall include, in the report, a statement of all expenses incurred
in providing for the abatement, control or removal of any vegetation,
garbage, refuse or debris as stated above, including the Board’s charges
for the services, notification, the amount paid for the labor, materials
and equipment, and a proper description of the premises. The expenses
incurred, when allowed, shall be entered upon the tax duplicate, is a lien
upon the land from the date of the entry, and shall be collected as other
taxes and returned to the township and placed in the township general
fund.
VEGETATION LIST
(a) Dead
plant material piled such that it emits objectionable and foul odors or
presents a haven for rodents.
(b) Dead
trees, shrubs or other plant material, if they should fall, which presents
a safety hazard to adjacent public or private property.
(c) Any
vegetation, which presents a sight distance safety hazard to motorists
using either public or private streets or driveways.
(d) Any
vegetation, which, because of its characteristics of growth, spreads onto
adjacent property and cannot be controlled.
(e) Any
grass or weeds on vacant lots in plotted subdivisions or on parcels less
than one (1) acre which lie adjacent to or between other one (1) acre or
less parcels on which homes are built, whenever more than 50 percent of
the parcel of such vegetation exceeds eight inches (8”) in height and a
written complaint has been filed.
REFUSE/DEBRIS/GARBAGE LIST
(a)
Unlicensed, wrecked, junk and/or abandoned motor vehicles on private
property, with or without the permission of the property owner, that is
not in a completely enclosed building.
(i)
Unlicensed motor vehicles.
(ii)
A motor vehicle that is extremely damaged including but not limited
to any of the following:
a.
Missing wheels
b.
Tires
c.
Body parts
d.
Motors
e.
Transmissions
f.
Muffler parts
g.
Deflated tires.
(iii)
A motor vehicle that is inoperable.
(iv)
An abandoned motor vehicle.
(b)
Discarded and dismantled motor vehicle materials or parts
(i)
Discarded or salvaged motor vehicle materials, such as scrap
metals.
(ii)
Discarded and/or dismantled motor vehicle parts, including but not
limited to any one of the following:
a.
Motor vehicle motors or engines
b.
Motor vehicle doors, windows or body parts
c.
Motor vehicle tires
d.
Motor vehicle mufflers and/or tailpipes
(c)
Discarded or unused building materials, household or industrial appliances
(i)
Discarded or salvaged non-motor materials such as scrap metals.
(ii)
Used building materials.
(iii)
Used lumber.
(iv)
Used glass.
(v)
Plastics.
(vi)
Iron.
(vii)
Rags.
(viii)
Cordage.
(ix)
Barrels.
(x)
Doors.
(xi)
Gutters.
(xii)
Windows.
(xiii)
Tires.
(xiv)
Roof shingles.
(xv)
Toys.
(xvi)
Household or industrial appliances including, but not limited to:
a.
Ovens.
b.
Stoves.
c.
Refrigerators.
d.
Furniture.
e.
Washers.
f.
Dryers.
g.
Heating & air conditioning units.
(d) Garbage
(i)
Any garbage including but not limited to, food and/or organic
waste.
Section (d) Garbage, does
not apply to a sanitary landfill, as defined in and operating in
compliance with the Nimishillen Township Zoning Code.
(ii)
Filling of a lot or parcel for future development is permitted
where:
a.
The fill corrects obvious low-lying topography.
b.
The fill consists of dirt, stone, concrete or other material
generally recognized as suitable for fill materials.
c.
The fill is dozed off and covered within fourteen (14) days so as
to maintain a level surface, which covers all fill material.
d.
Filling does not present a traffic hazard.
e.
Filling does not adversely affect drainage of surrounding property
owners as verified by Stark County Hydraulics Engineer.
DESTRUCTION OF NOXIOUS WEEDS ENDORSEMENT POLICY
PURPOSE: To control the spread of
noxious weeds, wild parsnip, while carrot, oxeye daisy, wild mustard, or
other harmful weeds growing on lands in Nimishillen Township.
NOXIOUS WEEDS: Means Shatter Cane
(Sorghum bicolor), Russian Thistle (Salsola Kali var. Tenuifolia), or any
plant designated a noxious weed by the Director of Agriculture.
ENFORCEMENT PROCEDURE:
- The Board of Trustees receives written information
that noxious weeds are growing on lands in Nimishillen Township and
forwards it to Township Zoning Inspector for processing.
- An acknowledgement letter is sent to the
complainant signed by the President of the Board of Trustees.
- The complaint is forwarded to the Zoning Inspector
for inspection and report.
- If the noxious weeds are found by the Zoning
Inspector, the person in charge of the land is sent an informal letter,
by Certified Mail, signed by the President of
the Board requesting a response within five (5) days as to whether
the weeds will be destroyed.
- If the Township receives no response within the
five (5) day period, a resolution is adopted by the Board of Trustees
and sent by Certified Mail notifying the person in
charge of the land to destroy the weeds within five (5) days of receipt
of the resolution.
- If the person in charge of the land fails to
comply with the resolution, the Board of Trustees shall cause the weeds
to be cut or destroyed and may employ the necessary labor, materials and
equipment to perform that task.
- The Board of Trustees shall make a written report
to the county auditor of the Board’s action with a statement of the
Board’s charges for its services, the amount paid for the labor,
materials and equipment, and a proper description of the premises.
These amounts, when allowed, shall be entered upon the tax duplicate,
shall be a lien upon that land from the date of the entry, and shall be
collected as other taxes and returned to the township and placed in the
township general fund.
__MICHAEL L. LYNCH__ seconded the motion.
Upon roll call, the vote
was as follows: (All
signatures on file)
__________________ Yes
___________________________
Signature
__________________ Yes
___________________________
Signature
__________________ Yes
____________________________
Signature
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State of Ohio:
SS
Stark County:
I, Carlene Harmon, Clerk of the Board of Trustees of
Nimishillen Township, Stark County, Ohio, within and for said County, and
in whose custody the files and records of said Board are required by the
laws of the State of Ohio to be kept, do hereby certify that the above
Resolution was passed at a Special Meeting of the Board of Trustees of
Nimishillen Township on the 16th day of March 2006.
WITNESS my signature, this 16th
day of March 2006.
__________________________________
Carlene
Harmon, Fiscal Officer
Nimishillen
Township
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Folder: Nimishillen
Township Property Maintenance Code
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