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QUESTIONS AND ANSWERS ABOUT RECENT PROPERTY MAINTENANCE CODE CHANGES Property Maintenance

HOW DID CHANGES AND ADDITIONS TO THE PROPERTY MAINTENANCE CODE COME ABOUT?

In early 2004, The Lima City Council Committee on Building, Planning and Zoning requested that the Department of Community Development and the City Law Director’s office assist them in investigating how property maintenance codes could improve the quality of life in Lima. Suggested changes and additions were developed with the public through Council Committee meetings and input was sought from neighborhood associations, landlords, business groups and interested citizens. On April 5, 2004, Council members unanimously voted to add these changes to Lima property maintenance ordinances. These changes go into effect May 1, 2004.

WHY DO WE NEED PROPERTY MAINTENANCE CODE CHANGES ANYWAY?

The City of Lima spent over $155,000.00 on 652 cleanups and 1406 vacant lot cuttings in 2003. Over 4000 property maintenance complaints were investigated by the city of Lima. The costs for these services should be a "user based fee"- paid by the property owners if they do not maintain their properties. Recent changes to the property maintence laws will make property owners with violations directly responsible for these costs.

WHAT ARE THE CHANGES?

The most noticeable of the amendments increase the fines and administrative fees for property maintenance violations. Additional amendments clarify definitions. For copies of the new ordinances, or to obtain a copy of the Lima Property Maintenance codes, contact the Lima Council Clerk’s office at 221-5218. All Lima laws regarding property maintenance can be found in Chapter 18 of the Codified Ordinances of Lima.

WHAT PENALTIES APPLY TO PROPERTY MAINTENANCE VIOLATIONS?

A civil penalty of $350.00 will be applied to any property maintenance violation that is not corrected within the time specified in the notice of violation order. The notice of violation is sent to the titled owner of the property. If the violation is corrected within the time line specified , the penalty is reduced to $50.00. A bill will be sent to the titled owner of the property. If it is not paid, a special assessment can be applied to the real property taxes or other civil actions may be taken to collect the amounts owed.

HOW DO I AVOID PROPERTY MAINTENANCE PENALTIES?

Keeping your property in good repair avoids any chance of a notice of violation and penalty. If the property is occupied, and no other violations have occurred within the year you may receive a 3 day warning in advance of a formal notice of violation. Immediately contact the Department of Community Development at (419) 221-5237 to inform them of your plan to fix the problem. A written plan can be agreed upon between the property owner and the property maintenance code inspector for a timeline to correct the problem. You must contact the inspector within the 3 day warning period and agree to a specific completion date in order to avoid civil penalties.

WHAT WILL IT COST ME IF THE CITY DOES A CLEANUP AT MY PROPERTY?

In addition to the $350 civil penalty, the property owner will be charged a $205.00 administrative fee, which covers the City’s costs for the notices, inspection time, legal research and other associated costs. They will also be charged the cost of any services rendered to remove trash, weeds or junk vehicles; board openings or fill open excavations. A bill will be sent to the titled owner of the property. If it is not paid, a special assessment can be applied to the real property taxes or other civil actions may be taken to collect the amounts owed.

WHAT IF I DO NOT COMPLETE THE WORK IN THE REQUIRED TIME PERIOD?

Property owners are strongly urged to contact the Department of Community Development at (419) 221-5237 immediately after receiving a notice of violation if extra time is needed to complete a repair. A written extension agreement can be agreed upon with the Property Maintenance Inspector that may allow additional time. If the violation is not repaired or removed within the required timeline, a reinspection fee of $75.00 will be charged by the City for each reinspection of the premises until the violation is corrected.

 

WHAT ARE THE NEW TIME LIMITS FOR BOARDED UP BUILDINGS?

The City of Lima Property Maintenance Code was amended on 12/15/97 to limit the time a building may remain boarded up. The action to reduce vacant and boarded buildings was prompted by neighborhood residents who saw their neighborhoods devalued by abandoned housing.

The amended board up ordinance now requires property owners to repair or replace any doors, windows, or other openings which are boarded or secured by methods other than conventional methods used in the design of the building or as permitted for new construction of a similar type. When a notice of violation is issued to the property owner by the City of Lima Property Maintenance Code Enforcement Program, repairs or replacements must be completed within six months. Failure to comply with the order will result in persons legally responsible for the structure to be found guilty of a fourth degree misdemeanor. The order to repair does not relieve persons in charge of the property from complying with other property maintenance codes regarding the maintenance of the structure or its exterior property areas.

For questions regarding City of Lima property maintenance laws, contact the City of Lima Department of Community Development Property Maintenance program at (419) 221-5237.