Marietta City Maintenance Code Gets 'Teeth'

MARIETTA, OH — Changes have just been made to Marietta City codified ordinances pertaining to the International Property Maintenance Code. That sounds really boring, but it isn't, fines have been doubled. What this means for you is if a neighbor reports your property to the city for being against code, you could see a city official knocking on your door asking you to fix it.

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What could be against code? A lot of things, but the code enforcer would usually be looking for exterior code violations, poor sanitation (piles of trash), poor exterior drainage, sidewalks and driveways (if they are in disrepair or hazardous), weeds (overgrowth), rodent harborage (infestations), and accessory structures (garages, fences, and walls that are not structurally sound or in good repair). The complete list can be found here under chapter three.

Anyone who suspects their neighbor’s home is against code is invited to fill out a notice of complaint form with the city, or call their city councilperson and have them file the complaint (if the individual would prefer to remain anonymous). If the code enforcement officer finds the complaint is valid, he’ll make contact with the owner, and work with them towards a resolution.

Marietta Mayor Josh Schlicher said the idea isn’t to punish anyone. He said they want to identify the problem and get homeowners to work with them. “We want a positive and easy resolution instead of hammering someone by putting a fine on them.”

The city has had to take people to court, but local officials prefer to avoid that. “The majority of the population in Marietta want code enforcement, they want neighborhoods cleaned up, they don’t want hazards,” Schlicher said they’re working toward the common goal of everybody working toward consistently good neighborhood conditions.

Wayne Rinehart, the city's code enforcement officer, said there is a reason that City Council just voted to increase the fines. "I get complaints and go out to get someone to repair their property or structure or whatever it may be, and they don't do it, then there is a fine mechanism that is in place now for me to levy a fine." He said this is a last resort.

Rinehart's process is to basically touch base with the homeowner first. "I always like to take the friendly approach. Let them know there is a complaint." Sometimes they already know it's a problem and get on it. If they need help he tries to put them in touch with various agencies to help them. Some homeowners don't comply and Rinehart says this is when he has to resort to fines or court action.

The idea was to put some teeth into the regulations. "There are some people I try to work with or get to comply that just won't. Council's feeling is that if there were some teeth behind the regulations that it may help entice someone to want to comply."

City Councilman Bill Gossett is on the Planning and Zoning Commission, he helped craft the new regulations. The fine structure is now doubled what it had previously been. So a first offense would be a $50 fine, a second offense within 24-months would be $100, a third or subsequent offense within 24-months would be $200.

Rinehart isn't driving around looking for properties that aren't up to code either. "We are on a complaint-driven basis." This is new, but not very new. Within the last decade, the city adopted the International Property Maintenance Code as the standard for area homes. "Minimum standards for keeping the structure safe." He said the idea isn't to keep Marietta looking good, the idea is to protect the people of Marietta and keep them safe.

However, Gossett says they're entertaining the idea of being more proactive. "Marietta isn't gaining any ground on their slum and blight issues." Right now to act on a property, they might have to wait weeks or months for a complaint to be filed. He said the problem with the written complaint system is that if no one files a complaint, nothing gets done. "It gets worse and worse."

At the end of the day, Marietta is just asking property owners to just do the best they can. "Be a responsible property owner. Get along with your neighbors, work with them, help them out." Rinehart had a message for folks in a neighborhood with a blighted property. "Certainly get involved. Fill out a nuisance complaint. The city will investigate."

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