Berea City officials clarified what constitutes violations of the exterior property maintenance code at the Jan. 6th City Council Meeting. The council emphasized that 'bad taste' is not actionable, focusing on minimum standards of maintenance and obvious visual problems. They highlighted that the code applies to properties with 'obvious visual problems, which may occasion incipient blighting conditions' and clarified the city's limitations in addressing individual complaints, particularly those concerning personal expression or private property.
Berea Director of Law and Public Safety Barbara Jones clarified at the Jan. 6 City Council meeting what constitutes violations of the exterior maintenance code, noting tackiness and bad taste are most likely not violations. Everyone's definition of what is visually appealing varies when it comes to the exterior of residential properties. “It’s not ‘Better Homes and Gardens’ that we’re looking for,” Mayor Cyril Kleem said. “We’re just trying to enforce a minimum standard.
“We do try to work with people (to address property violations), particularly since a significant number we come into contact with are seniors or are physically or mentally disabled.”She said the law applies to properties with “obvious visual problems, which may occasion incipient blighting conditions.” Blight exists when “a building or structure is so poorly maintained that it poses a threat to the health and safety of the public or to the people living nearby,” Jones explained. Conditions lowering the value of neighborhood properties fit the definition of blight as well.“As long as someone is meeting the minimum standards of maintenance, we can’t and won’t do anything,” Jones said. “Minimum standards are what we can enforce legally.” People in the past have asked city officials to compel neighbors to remove offensive lawn decorations, flags or other items, she added, but the city cannot do that – especially in cases of political sentiment – because it can be considered “coercion” and infringement of a person’s free speech.“We are also constrained by the 4th Amendment (i.e. unreasonable search and seizure) because unless we’re in a public right of way, it’s considered a search (when accessing private property to investigate a complaint),” Jones said, noting a warrant would be needed. “For example, we won’t get on a ladder in the (complainant’s) yard to look over the fence.” In addition, for a situation to be deemed a public nuisance, the offensive or unsafe conditions must affect more than one neighbor. Otherwise, it’s considered a “private nuisance” requiring the complainant to hire his or her own attorney to pursue it, Jones said
CITY COUNCIL PROPERTY MAINTENANCE BEREA OHIO CODE
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