EXHIBIT A AMENDMENTS TO CHAPTER 158: PROPERTY MAINTENANCE CODE

EXHIBIT A AMENDMENTS TO CHAPTER 158: PROPERTY MAINTENANCE CODE Add the following new definitions and re-number subsequent definitions: 158.14 GENERAL. (F) General definitions. DEFINITIONS CITY. Shall mean the City Manager of the City of West Carrollton or his/her designee charged with the responsibility of carrying out the enforcement of this code. RENTAL PROPERTY. Shall mean any individual parcel of land for residential use and occupancy, the facilities and appurtenances in and on it, and the grounds, area, and facilities that is Let for Occupancy, Let or Leased. Rental Property does not include any of the following: (a) State and/or federal prisons, jails, workhouses, and other places of incarceration or correction, and halfway houses. (b) Hospitals or similar institutions. (c) Hotels or motels. (d) State- and/or county-sanctioned shelters for juvenile runaways, victims of domestic violence, or homeless persons. (e) State- and/or county-sanctioned foster care homes, or community-oriented residential social service facilities. (f) Any form of the word Group Home as defined in Chapter 154 of the City Of West Carrollton Zoning Code. (g) Owners of Section 8 housing, or other housing subsidized by the State of Ohio or the United States, that is regularly inspected as part of the subsidy program and is being rented, leased, subleased, let, or otherwise being lived in by persons other than the Owner. The Owner of such Section 8 housing must obtain a rental license for each such Rental Unit and/or Rental Property in accordance with this Chapter. However, each such Rental Unit and/or Rental Property shall be exempt from any fees and inspections required by this Chapter if the Owner provides proper documentation, as determined by the City, verifying the subsidy by the State of Ohio or United States and 1 P a g e

that said Rental Unit and/or Rental Property has passed inspection by the subsidizing authority within the past five (5) years. Owners of Rental Units and/or Rental Property failing to provide proper documentation shall not be exempt from fees and inspections required by this Chapter. RENTAL UNIT. Shall mean any dwelling unit, habitable space, housekeeping unit, rooming house, rooming unit or manufactured home that is Let for Occupancy, Let or Leased. RESPONSIBLE AGENT. Shall mean any person or business entity, however organized, who is appointed and authorized by an Owner to be responsible for compliance with the requirements of this Chapter; and who shall have the authority to receive communications, service of process, summons, notices, and other legal process on behalf of an Owner. SERIOUS VIOLATION. Shall mean a failure to comply with the requirements of any provision of the City of West Carrollton Code of Ordinances listed below: (a) Chapter 150, Building Code: (i) 150.025 Adoption of Residential Code of Ohio: Sections 109, 111, 113, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, and 315. (ii) 150.03 Adoption of Ohio Building Code: any requirements specific to R-2 and R-3 uses, or any general requirement specific to all uses which addresses life safety issues. (b) Chapter 151, Fire Prevention Code: any requirements specific to R-2 and R-3 uses, or any general requirement specific to all uses which addresses life safety issues. (c) Chapter 154: Zoning Code: (i) Exceeding the occupancy limits for Dwelling Units as established for each zoning district. However, if this violation occurs without the Owner s knowledge, it shall not be considered a Serious Violation. (ii) Section 154.11.01 Conversion of Dwellings. (d) Chapter 158: Property Maintenance Code: (i) 158.02 Applicability: (G) Requirements not covered by code. (ii) 158.16 Exterior Property Areas: (A) Sanitation. (iii) 158.17 Swimming Pools, Spas and Hot Tubs: (A) Swimming pools and/or (B) Enclosures. (iv) 158.18 Exterior Structure: (A) General, (C) Premises identification (D) Structural members, (E) Foundation walls, (F) Exterior walls, (G) Roofs and drainage, (J) Stairways, decks, porches and balconies, (K) Chimneys and towers, (L) Handrails and guards, (M) Window, skylight and door frames, (O) Doors, and/or (R), (R)(1), (R)(2) and (R)(3) Building security. (v) 158.19 Interior Structure: (A) General, (B) Structural members, (C) Interior surfaces, (D) Stairs and walking surfaces, and/or (E) Handrails and guards. (vi) (vii) 158.24 Light: (B) Common halls and stairways. 158.26 Occupancy Limitations: (D) and (D)(1) through (D)(5) Bedroom requirements, (E) and (E)(1) through (E)(2) Overcrowding, (F) and (F)(1) through (F)(4) Efficiency unit, and/or (G) Food preparation. 2 P a g e

(viii) 158.28 Required Facilities: (A) Dwelling units and/or (B) Rooming houses. (ix) 158.29 Toilet Rooms: (A) Privacy. (x) 158.30 Plumbing Systems and Fixtures: (A) General, (B) Fixture clearances, and/or (C) Plumbing hazards. (xi) 158.31 Water Systems: (A) General, (B) Contamination, (C) Supply, and/or (D) Water heating facilities. (xii) 158.32 Sanitary Drainage System: (A) General and/or (B) Maintenance. (xiii) 158.35 Heating Facilities: (A) Facilities required, (B) Residential occupancies, and/or (C) Heat supply. (xiv) 158.36 Mechanical Equipment: (A) Mechanical appliances, (B) Removal of combustion products, (C) Clearances, (D) Safety controls, (E) Combustion air, and/or (F) Energy conservation devices. (xv) 158.37 Electrical Facilities: (C) Electrical system hazards. (xvi) 158.38 Electrical Equipment: (A) Installation, (B) Receptacles, and/or (C) Lighting fixtures. (xvii) 158.42 Means of Egress: (A) General, (B) Aisles, (C) Locked doors, and/or (D) Emergency escape openings. (xviii) 158.43 Fire-Resistance Ratings: (A) Fire-resistance-rated assemblies and/or (B) Opening protectives. (xix) 158.44 Fire Protection Systems: (A) General, (B) Smoke alarms and/or (C) and (C)(1)(a) Power source. Amend the following definition (add text shown with shading, delete text shown with strikethrough): 158.14 GENERAL. (F) General definitions. DEFINITIONS (22) LET FOR OCCUPANCY OR, LET OR LEASE. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Add the following new sections: 158.46 GENERAL. RENTAL INSPECTION PROGRAM (A) The purposes of this section are to protect the public health, safety, and welfare by 3 P a g e

establishing minimum standards and procedures governing the maintenance, appearance, and condition of all rental housing properties, to impose certain responsibilities and duties upon the Owner, Responsible Agent, and Tenant; to authorize and establish procedures for interior and exterior inspections; to authorize and establish procedures for license issuance, denial or revocation; and to fix penalties for violations of this section. This section is hereby declared to be remedial and essential for the public interest, and it is intended that this section be liberally construed to effectuate the purpose as stated herein. (B) This code section shall apply to all Rental Units and/or Rental Property and shall also apply to all common areas within the structure(s) or on the premises. 158.47 RENTAL LICENSE REQUIRED. (A) No Owner shall Let for Occupancy, Let or Lease or cause to be occupied a Rental Unit and/or Rental Property without first obtaining a rental license issued by the City in the name of the Owner and issued for a specific Rental Unit and/or Rental Property. The rental license shall remain on file with the Owner and the rental license shall be provided upon request by the tenant or prospective tenant. When a written or unwritten lease, agreement, or license or a recorded or unrecorded agreement of contract for the sale of land is executed for Let for Occupancy, Let or Lease of a Rental Unit and/or Rental Property, said contract shall include a copy of a valid rental license issued to the Rental Unit and/or Rental Property being Let for Occupancy, Let or Leased. The contract shall also include a current copy of the Ohio Landlord Tenant Law as found under Ohio Revised Code Section 5321. (B) In the case of multiple Owners of any Rental Unit and/or Rental Property subject to this Chapter, it shall be sufficient for any one of the Owners to have obtained a rental license for the Rental Unit and/or Rental Property. (C) Any Owner after receiving proper notice who fails to apply for a rental license within sixty (60) days after the effective date of this ordinance and having failed to file a proper and timely appeal as outlined in Section 158.12 of this Chapter shall be in violation of this code and the City shall pursue legal recourse pursuant to Section 158.06 against the Owner and said Owner shall be subject to the penalties outlined in Section 158.99 of this Chapter. (D) The City shall, upon determining or receiving notification that an Owner is Letting for Occupancy, Letting or Leasing a Rental Unit and/or Rental Property without a properly obtained rental license, institute the appropriate action to cause the Owner to come into compliance with this code. (E) Any dwelling, dwelling unit, habitable space, housekeeping unit, premises, rooming house, rooming unit or any other premises subject to this Chapter shall be presumed rented if not occupied by the legal owner thereof. 158.48 RENTAL LICENSE APPLICATION. (A) Within sixty (60) days after the effective date of this ordinance, any Owner of any Rental Unit and/or Rental Property located within the city of West Carrollton shall apply for a 4 P a g e

rental license by filing a written application and paying the required fees to the City of West Carrollton. (B) Application for a rental permit license shall be made in such form and in accordance with such instructions as may be provided by the City, and shall include the information required for the Montgomery County Residential Rental Property Registration program in accordance with Ohio Revised Code Sections 5323.02(A)(1), 5323.02(A)(2), and 5323.02(A)(3). The Owner shall provide evidence of current registration with the Montgomery County Residential Rental Property program as part of the rental license application. 158.49 RESPONSIBLE AGENT. An Owner of a Rental Unit and/or Rental Property who resides outside the state of Ohio shall designate an individual who resides in the state of Ohio to serve as the Owner's Responsible Agent, unless the Owner previously designated and continues to maintain a statutory agent for the service of process with the Ohio Secretary of State as a condition of being authorized to engage in business in the state of Ohio pursuant to the Ohio Revised Code. An Owner who designates a Responsible Agent pursuant to this section shall file in writing with the City the name, address, and telephone number of the Responsible Agent. An Owner who previously designated and continues to maintain a statutory agent for the service of process with the Ohio Secretary of State as a condition of being authorized to engage in business in the state of Ohio pursuant to another section of the Ohio Revised Code shall file in writing with the City a certified copy of the document filed with the secretary of state containing that designation. If the Owner terminates the Responsible Agent, engages the services of a new Responsible Agent, or establishes permanent residency within the state of Ohio, the Owner shall notify the City within fourteen (14) days of said change and provide all information required by this Chapter. 158.50 RENTAL LICENSE ISSUANCE; DENIAL. (A) The City shall review each application for a rental license. Within thirty (30) days of the date of application, the City shall approve the application and shall issue to the Owner a rental license, unless: (1) The application is incomplete; and/or (2) The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement. (B) If the application is determined to be deficient because it is incomplete under division (A)(1) of this section, including the failure to pay the required rental license fee, the City shall give notice to the Owner and permit the Owner fourteen (14) days within which to provide a complete application. (C) If the application is denied under division (A)(2) of this section, or the Owner has 5 P a g e

failed to complete the application within the fourteen (14) day period of division (B) of this section, then the City shall deny the application by issuing a Notice of Denial to the Owner. Notice of Denial shall be in writing, shall be served upon the Owner as described under Section 158.07(C) of this Chapter, shall inform the Owner of the reason for denial with specificity, including all documentation supporting an allegation of fraud or material misrepresentation, and shall provide the Owner affected by such notice a right of appeal as designated under Section 158.12 of this Chapter. An Owner failing to comply with such notice shall be in violation of this Chapter. The City shall pursue legal recourse pursuant to Section 158.06 against the Owner and said Owner shall be subject to the penalties outlined in Section 158.99 of this Chapter. In the event the Owner or Responsible Agent shall file a proper and timely appeal, the City shall stay any and all enforcement proceedings as they relate to this Chapter until a final decision is rendered regarding said appeal. 158.51 RENTAL LICENSE TERM AND RENEWAL. (A) issuance. The rental license shall be valid for a period of one (1) year from the date of its (B) Any Owner selling or relinquishing ownership or control of a Rental Unit and/or Rental Property shall notify the City no later than fourteen (14) days after the effective date of transfer. Such notice shall be in writing and shall include the following: (1) The name and mailing address of the previous Owner; and (2) The name and mailing address of the new Owner; and (3) The address(es) of the Rental Unit(s). (C) In order to retain a rental license for a Rental Unit and/or Rental Property, the Owner and/or Responsible Agent must renew the rental license on an annual basis. To renew a rental license, the Owner and/or Responsible Agent must, before the expiration date set forth on the renewal notice, complete a new rental license application, submit said application along with the required fees to the City, and schedule an inspection if required. 158.52 RENTAL LICENSE FEE. (A) All Owners obtaining a rental license under this Chapter shall pay an annual rental license fee as established in Chapter 37: General Fee Schedule. The rental license fee shall be due at the time of application or renewal. The rental license fee shall not be prorated or refunded upon denial or revocation of a rental license. (B) Should the Owner fail to file a complete, accurate and timely rental license application after due notice has been served; or fails to notify the City of any change in the status of the Responsible Agent; or submits a fraudulent application; or gives or submits false information, the rental license fee shall be tripled and the Owner shall be subject to legal recourse pursuant to Section 158.06 and the penalties set forth in Section 158.99 of this Chapter. A proper and timely filed appeal as provided in Section 158.12 of this Chapter shall stay any and 6 P a g e

all enforcement proceedings as they relate to this Chapter until a final decision is rendered regarding said appeal. 158.53 RENTAL LICENSE REVOCATION. (A) The City shall have the authority to revoke a rental license and the Owner shall be required to re-register for a new rental license and pay the required rental license fee at three (3) times the standard rental license fee rate under the following conditions: (1) Should the Rental Unit and/or Rental Property for which the rental license was granted and the use for which it was designated no longer comply in any or all respects with this Chapter or with any other applicable city, state or federal laws and/or ordinances; or (2) Should an Owner, Responsible Agent or Tenant fail to cooperate with, or knowingly interfere with, the designated City official in the performance of his/her duties as set forth in this Chapter; or (3) Should the Owner, Responsible Agent, Tenant, member of tenants household, guest or other person affiliated with the Tenant do or cause anything to be done that is prohibited by law within a Rental Unit and/or on a Rental Property. (B) Should a rental license be revoked under division (A) of this section, the City shall give Notice of Revocation to the Owner and/or Responsible Agent. Notice of Revocation shall be in writing, shall be served upon the Owner and/or Responsible Agent as described under Section 158.07(C) of this Chapter, shall inform the Owner and/or Responsible Agent of the reason for revocation, and shall provide the Owner and/or Responsible Agent affected by such notice a right of appeal as designated under Section 158.12 of this Chapter. (C) An Owner and/or Responsible Agent failing to comply with such notice shall be in violation of this Chapter and the City shall pursue legal recourse pursuant to Section 158.06, and said Owner and/or Responsible Agent shall be subject to the penalties outlined in Section 158.99 of this Chapter. 158.54 INSPECTIONS. (A) At the inception of this program, the City will establish an inspection schedule during which the City will inspect Rental Units and/or Rental Property during an initial five (5) year period. Owners will be notified as to the month and year in which their initial inspection will be conducted. (B) Unless otherwise provided by this Chapter, subsequent to the initial inspection cycle Rental Units and/or Rental Property shall be inspected by the City on approximately a five (5) year cycle from the date of the initial inspection. (C) For multi-family rental properties comprised of fifteen (15) or more Rental Units within the same Rental Property, the City will inspect a random sample of ten percent (10%) of 7 P a g e

the total Rental Units within the Rental Property, rounded up to the next whole number. The City shall determine which Rental Units are to be inspected. If one (1) or more Serious Violations are discovered in any Rental Unit or on any Rental Property inspected, then the City may, upon no less than seventy-two (72) hours prior written notice to the Owner and/or Responsible Agent, inspect an additional ten percent (10%) of the total Rental Units within the Rental Property, rounded up to the next whole number. (D) Inspections shall be conducted in accordance with the requirements of Section 158.04(C) of this Chapter. (E) Following the initial inspection cycle, it shall be the obligation of the Owner to schedule an inspection of a Rental Unit and/or Rental Property by the City prior to expiration of the rental license. Failure to schedule or complete an inspection shall be grounds for denial or revocation of the rental license. (F) No Owner shall be penalized where any inspection or re-inspection is delayed or does not occur as the result of actions by the Tenant, provided neither party has colluded or attempted to collude with the other to delay or prevent said inspection from being conducted. (G) The Owner has no legal obligation to obtain from any Tenant, on behalf of the City, consent for the City to perform any inspection or re-inspection. 158.55 INSPECTION AND RE-INSPECTION FEES; ADMINISTRATIVE FEES. (A) No inspection fee shall be charged for the first inspection of a Rental Unit and/or Rental Property during any inspection cycle, nor for inspections of a Rental Unit and/or Rental Property which do not involve Serious Violations. (B) A re-inspection fee as set forth in Chapter 37: General Fee Schedule shall be assessed for each inspection after the initial inspection of any inspection cycle which is necessitated by one (1) or more Serious Violations determined by the Code Official to exist in any Rental Unit and/or on any Rental Property, or by the Rental Unit and/or Rental Property being ordered condemned or declared a Public Nuisance by the Code Official. (C) In addition to the inspections required by this section, the City may inspect the Rental Unit and/or Rental Property during the permitting period if the City receives a complaint about or finds other evidence of a possible Serious Violation or reported criminal activity within the Rental Unit and/or Rental Property. A re-inspection fee shall be assessed for this and subsequent inspections as provided in this section should the complaint about or other evidence of a possible Serious Violation or reported criminal activity be proved valid. (D) An Owner and/or Responsible Agent who fails to appear for a scheduled inspection or re-inspection shall be charged an administrative fee as set forth in Chapter 37: General Fee Schedule, in addition to any required re-inspection fee. A scheduled inspection or re-inspection may be rescheduled with no less than seven (7) days prior notice to the City. 8 P a g e

158.56 INCENTIVE. (A) If the Code Official determines after the first inspection of an inspection cycle that no Serious Violations exist in the Rental Unit or on the Rental Property inspected, then that Rental Unit and/or Rental Property shall be exempt from inspection under Section 158.53 for a period of six (6) calendar years from the date of the inspection. Such exemption shall not apply to any inspection necessitated as the result of a complaint or the discovery of evidence of possible Serious Violations or reported criminal activity within the Rental Unit and/or Rental Property within the exempted period. (B) If the Code Official determines after the first inspection of an inspection cycle that four (4) or more Serious Violations exist in the Rental Unit or on the Rental Property inspected, then that Rental Unit and/or Rental Property shall be placed on an accelerated inspection schedule requiring an inspection once every three (3) years. 158.57 RIGHT OF ENTRY; CONSENT; AND SEARCH WARRANT. Absent exigent circumstances, whenever it is necessary to make an inspection or to enforce any provision of this Chapter when the City has reasonable suspicion that there exists in any Rental Unit or on any Rental Property subject to this Chapter any condition or violation that makes such Rental Unit and/or Rental Property unsafe, dangerous, hazardous, or a public nuisance, the City shall have the right to enter the premises of any Rental Unit and/or Rental Property at all reasonable times to inspect the same or to perform any duty imposed by this Chapter, provided that such entry is made in accordance with the law. Where any Owner and/or Responsible Agent, Tenant, or other person in charge of the Rental Unit and/or Rental Property fails or refuses to permit free access and entry to any Rental Unit and/or Rental Property under their control, or any part thereof, the City, through an appropriate officer, shall seek through a judge or magistrate of a court of record, pursuant to Section 2933.21(F) of the Ohio Revised Code, a warrant for an inspection. 158.58 NOTICES AND ORDERS. Whenever the City determines or has grounds to believe that there has been a Serious Violation in a Rental Unit and/or on a Rental Property, notice shall be given in the manner prescribed in Section 158.07, Notices and Orders. 158.59 APPEAL. Any Owner aggrieved by the action of the City in the administration and/or enforcement of this section shall have the right to appeal that action to the Board of Zoning Appeals in the manner prescribed in Section 158.12, Right to Appeal. 158.60 DISCLAIMER OF LIABILITY. A rental license is not a warranty or guarantee that there are no defects in the Rental Unit or on the Rental Property, and the City shall not be liable to any person or entity for the condition of the Rental Unit and/or Rental Property. 9 P a g e

158.61 SEVERABILITY. If any section, paragraph, sentence, clause or phrase of the Rental Inspection Program shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of the Rental Inspection Program, which shall remain in full force and effect. Add the following section to the Chapter 37, General Fee Schedule: 37.36 RENTAL INSPECTION PROGRAM FEES. (A) Rental License Fee ( 158.52). All Owners obtaining a rental license under this Chapter shall pay an annual rental license fee of thirty dollars ($30) per Rental Unit. The rental license fee shall be due at the time of application or renewal. The rental license fee shall not be prorated or refunded upon denial or revocation of a rental license. (B) Improper Application Fee ( 158.52). Should the Owner fail to file a complete, accurate and timely rental license application after due notice has been served; or fails to notify the City of any change in the status of the Responsible Agent; or submits a fraudulent application; or gives or submits false information, the rental license fee shall be tripled. (C) Re-Inspection Fee ( 158.55). A re-inspection fee as set forth in Section 37.31, Property Maintenance Re-Inspection Fee, of the General Fee Schedule shall be assessed for each inspection after the initial inspection of any inspection cycle which is necessitated by one (1) or more Serious Violations determined by the Code Official to exist in any Rental Unit and/or on any Rental Property, or by the Rental Unit and/or Rental Property being ordered condemned or declared a Public Nuisance by the Code Official. (D) Administrative Fee ( 158.55). An Owner and/or Responsible Agent who fails to appear for a scheduled inspection or re-inspection shall be charged an administrative fee of twenty-five dollars ($25) per Rental Unit scheduled for inspection, in addition to any required reinspection fee. 10 P a g e

The following existing sections of Chapter 158, Property Maintenance Code, are referenced in the proposal above and are provided below only for informational purposes (no changes are proposed to these sections): 158.04 DUTIES AND POWERS OF THE CODE OFFICIAL. (C) Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 158.06 VIOLATIONS. (A) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. (B) Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 158.07. (C) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 158.07 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity 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 authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. (D) Violation penalties. Whoever violates any provision of this code, or fails to comply therewith, or with any of the requirements thereof, shall be guilty of the provisions set forth in Section 158.99 of the city of West Carrollton Codified Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (Ord. 3421. Passed 5-26-09.) (E) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Assessment of cost incurred by the city for actions taken at the direction of the legal officer to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises shall be recovered pursuant to Section 158.99(E). 158.07 NOTICES AND ORDERS. (A) Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 158.07(B) and 158.07 (C) to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 158.08 (C). 11 P a g e

(B) Form. Such notice prescribed in Section 158.07 (A) shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order with a reasonable compliance time frame utilizing table 158.97 as a guide to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 158.06 (C). (C) Method of service. Such legal notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner, occupant, or agent, in person (b) sent by certified or registered mail addressed to the owner at the last known mailing address with return receipt requested or (c) posted in a conspicuous place in or about the premises affected. (1) If the registered or certified mail envelope is returned with an endorsement showing that the service was unclaimed, the notice may be served by ordinary mail to the owners last known mailing address. This mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on that date of mailing. (2) When service is perfected by posting notice on or about the premises affected, such posting shall be evidenced by a photograph and a notarized certificate of service. Such notice, photograph, and certificate of service shall be sent by ordinary mail to the last known mailing address as evidenced by a certificate of mailing, and service shall be deemed completed on that date. (3) If service of written notice is unable to be perfected by any of the hereinbefore methods, the City Manager or his/her designee shall cause the notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks, and service shall be deemed completed on the second date of publication. (D) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 158.06 (D) and158.99 (E) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 158.12 RIGHT TO APPEAL. (A) Board of Zoning Appeals. In order to execute the purpose of this code, the Board of Zoning Appeals, hereafter referred to as the Board, shall have the following duties: 12 P a g e

(1) To decide appeals where it is alleged that there is an error in any interpretation, judgment, determination or decision made by the code official in the administration or enforcement of this Property Maintenance Code. Filing of an appeal shall stay further enforcement action until the appeal is heard by the Board and a written decision issued. (2) To grant variances from the provisions of this code to provide reasonable time for work required for compliance. Variances may be granted only if all of the following apply: (a) That such variance shall not allow for long term noncompliance with the provisions of the code; (b) That such variance will vary only a minimum from the literal provisions of the ordinance with respect to sanitation, safety and rehabilitation; (c) That undue hardship is clearly demonstrated with respect to the cost or scheduling of improvements; and (d) That such variance would not permit the creation or continuation of a public nuisance. (B) Hearings. Any person affected by a notice of violation, revocation or denial of a permit which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the Board of Zoning Appeals provided that such person shall file in the office of the code official a written petition requesting such hearing and set forth the name, address and phone number of the petitioner and a brief statement of the ground for such a hearing or for the mitigation of any item appearing on any order of the code official. Such petition shall be filed within ten days after receipt of the notice and order, revocation or denial of permit. Upon receipt of such a petition, the Board shall set a time and place for hearing and shall give the petitioner written notice thereof. The hearing shall be commenced within a reasonable time after a petition has been filed. In case of an administrative appeal or variance being requested for an emergency order of the code official, the Board shall schedule a hearing within ten working days of the filing of a petition for such hearing. At such hearing the petitioner shall be given an opportunity to be heard and to show cause, why any item appearing on such notice and order should be modified or withdrawn. The failure of the petitioner or his/her representative to appear and state his case at such hearing shall have the same effect as if no petition were filed. (1) Findings. After a hearing, the Board shall sustain, modify or withdraw any items appearing on the notice and order by majority vote, depending upon its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the code official shall be notified in writing of such findings. (2) Record. The proceedings at such hearings, including the findings and decisions of the Board and reasons therefore, shall be summarized and reduced to writing and entered as a matter of public record in the office of the code official. Such record shall also include a copy of every notice and order issued in connection with the matter. (3) Appeal of decision. Appeals from the Board shall be to the Montgomery County Court of Common Pleas, as provided by the state statutes. 158.99 PENALTY. Any person who shall violate a provision of this chapter shall, upon conviction thereof, be subject to the following penalties at the discretion of the court. 13 P a g e

(A) A first offense shall be deemed a fourth degree misdemeanor. The court shall impose upon the offender a fine of not more than two hundred fifty dollars ($250) but not less than one hundred fifty dollars ($150), or may impose a sentence of imprisonment for not more than thirty (30) days, or may impose both such a fine and sentence of imprisonment. (B) A second offense (whether or not of the same section of this chapter), occurring not sooner than one hundred eighty (180) days and not later than two years after the occurrence of the first offense, shall be deemed a third degree misdemeanor. The court shall impose upon the offender a fine of not more than five hundred ($500) dollars but not less than two hundred fifty ($250) dollars, or may impose a sentence of imprisonment for not more than sixty (60) days, or may impose such a fine and sentence of imprisonment. (C) A third offense (whether or not of the same section of this chapter), occurring not sooner than one hundred eighty (180) days and not later than two years after the occurrence of the second offense, shall be deemed a second degree misdemeanor. The court shall impose upon the offender a fine of not more than seven hundred fifty ($750) dollars but not less than five hundred ($500) dollars, or may impose a sentence of imprisonment for not more than ninety (90) days, or may impose such a fine and sentence of imprisonment. (D) A fourth or any subsequent offense (whether or not of the same section of this chapter), occurring not sooner than one hundred eighty (180) days and not later than two years after the occurrence of the third offense, shall be deemed a first degree misdemeanor. The court shall impose upon the offender a fine of not more than one thousand ($1000) dollars but not less than seven hundred fifty ($750) dollars, or may impose a sentence of imprisonment for not more than six (6) months, or may impose such a fine and sentence of imprisonment. (Ord. 3421. Passed 5-26-09.) (E) Pursuant to Section 158.06(E), cost incurred for actions taken at the direction of the legal officer to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises shall be recovered as follows: If the owner of the property, premise or structure fails to comply with a notice or order within the time prescribed the City Manager or his/her designee may cause such violation(s) to be abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such abatement shall be billed to the owner for the amount incurred by the city in having such violation(s) abated, including an administrative fee assessed at the current rate as set forth in Chapter 36, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton. In the event the cost are not paid within 30 days after mailing of the bill, then such amount shall be entered upon the tax duplicate and shall constitute a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the city s general fund. RES PM-15-1_Exhibit A.docx 14 P a g e