For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abate. When a public nuisance has been determined to exist pursuant to subsection (1) of the definition for public nuisance below, it shall not be deemed to have been abated until it has been made to comply with all applicable housing, building, zoning, and fire code requirements.

When a public nuisance has been determined to exist pursuant to subsection (1) of the definition for public nuisance below, it shall not be deemed to have been abated until all such use constituting a nuisance is terminated.

Director. Whenever, in Sections 152.01 through 152.126, reference is made to a director of a department, any person designated by a director may act in his/her behalf.

Owner. The owner of record of the fee of the premises or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee, as determined by an examination of the public records of Montgomery County, Ohio, or any other person, firm or corporation in control of a building, or their duly authorized agents.

Persons responsible or responsible person. Any person or persons who use, occupy, establish, or conduct a public nuisance, as defined in subsection (2) of the definition for public nuisance below, or aid or abet therein.

Public nuisance. Any underground container or storage tank, fence, wall, garage, shed, house, lot, building, structure, tree, pole, smokestack, or any excavation, basement, cellar, well, cistern, sidewalk subspace, walks, driveways, terrace steps or parts thereof, which has any or all of the conditions or defects hereinafter described shall be deemed to be a public nuisance.

(1)

The following conditions or defects shall constitute a public nuisance when they endanger the life, health, property, safety, or welfare of the public, or of any current or prospective occupants:

(a)

Whenever the premises are a deteriorating and blighting influence on nearby properties by reason of continued vacancy and a lack of reasonable or adequate maintenance of structures and grounds.

(b)

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(c)

Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or as defined by statute.

(d)

Whenever any building or structure is determined to be a fire hazard.

(e)

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(f)

Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the:

1.

Strength;

2.

Fire-resisting qualities or characteristics; or

3.

Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(g)

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the Unified Building Code or Housing Code, or of any law or ordinance of this state or city relating to the condition, location, or construction of buildings.

(h)

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

1.

An attractive nuisance to children;

2.

A harbor for vagrants, criminals, or immoral persons; or as to

3.

Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(i)

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(j)

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

(k)

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(l)

Whenever the building or structure, or any portion thereof, because of:

1.

Dilapidation, deterioration or decay;

2.

Faulty construction;

3.

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

4.

The deterioration, decay or inadequacy of its foundation; or

5.

Any other cause; is likely to partially or completely collapse.

(m)

Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is reasonably safe.

(n)

Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

(o)

Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(p)

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

(q)

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

(r)

Whenever the walking surface of any aisle, passageway, stairway or other element of a means of egress is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(s)

Whenever any door, aisle, passageway, stairway or other element of a means of egress is not of sufficient width or size or is not so arranged as to provide safe and adequate means of egress and creates a serious hazard.

(t)

Whenever the storage of tires, batteries, chemical drums or containers, or other materials, whether inside a structure or on a lot, pose a fire, health, safety, or environmental threat.

(2)

The following conditions shall constitute a public nuisance:

(a)

That which is defined as a nuisance in R.C. § 3767.01(c), which is incorporated herein by reference and made a part hereof.

(b)

Premises or real estate, including vacant land, on which a felony violation occurs of R.C. Chapter 2925 or 3719 occurs, regardless of whether there has been a conviction for said violation.

Division Manager of Housing and Inspections. The person appointed to the position of Division Manager of Housing and Inspection, Department of Planning, Neighborhoods and Development, or a person designated by the Division Manager to act in his/her behalf. The people that may be designated by the Division Manager to act in his/her behalf are the Nuisance Abatement and Rehabilitation Supervisor, Nuisance Abatement Specialists, Conservation Supervisors, and Conservation Specialists.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24; Ord. 32127-24, passed 12-4-24)

In the event that any term or provision of this chapter shall be construed to conflict with any term or provision of the Unified Building Code, the term or provision of the Unified Building Code shall supersede such provision of this chapter.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

(A)

The Division Manager of Housing and Inspections may cause a vacant structure to be immediately secured whenever it is found open to entry at doors, window, or other points accessible to the general public. The Division Manager of Housing and Inspections shall be authorized at any time to enter on the premises and the owner shall permit him entry to secure the structure in order to lessen the severity of the public nuisance. In securing such structure, the Division Manager of Housing and Inspections may call on any department, division, or bureau of the city for whatever assistance may be necessary, or may, by private contract, secure such structure. Photographs of the structure shall be taken prior to securing it, and those photographs shall be filed with the Division Manager of Housing and Inspections.

(B)

Either before, or as soon as practicable after the securing of a vacant structure, the Division Manager of Housing and Inspections shall cause a written notice to be served on the owner in the manner provided in Section 152.05. The notice shall inform the owner of the date on which the structure was found open to entry and of the securing of the structure, and shall advise the owner that the costs incurred in securing the structure shall be recovered by the city in the manner prescribed by Section 152.08, and that the owner has a right to appeal the said notice to the Nuisance Appeals Board by making a demand therefor in writing to the Division Manager of Housing and Inspections within 15 days after receipt of the notice.

(C)

The Nuisance Appeals Board may:

(1)

Sustain the action of the Division Manager of Housing and Inspections; or

(2)

Find that the action taken to secure the structure was unconstitutional, illegal, arbitrary, capricious, or unreasonable.

(D)

If the Nuisance Appeals Board does not sustain the action of the Division Manager of Housing and Inspections the costs incurred in securing the structure shall be paid from city funds specifically authorized by the City Commission to be used for such purpose.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

(A)

Whenever the Division Manager of Housing and Inspections suspects the existence of a public nuisance as defined in Section 152.01 in the city, he shall promptly cause to be inspected the premises on which the public nuisance is suspected to exist. Should the Division Manager find that a public nuisance does exist it shall be the duty of the Division Manager to cause photographs of such public nuisance to be made, and to file in his/her office the photographs and the written report of the findings of the inspector. The Division Manager shall cause a written notice to be served on the owner stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by rehabilitation or by removal of the building, structure or nuisance, the same will be abated by the city at the expense of the owner. The Division Manager may also order the owner to take such measures as are reasonably necessary to lessen the severity of the public nuisance in a manner prescribed by the Division Manager. If the owner fails or refuses to comply with such order, the city may cause either the abatement or the lessening of the severity of the public nuisance, at the expense of the owner, by rehabilitation or repair, or by removal of the building, structure, or nuisance. Abatement by the owner shall, on the issuance of a special service inspection permit or a wrecking permit, start within 15 days after service of the notice and shall be complete within the time prescribed in Section 152.06(C) and (D) or such additional time as the Division Manager may deem necessary to complete the abatement.

(B)

Whenever the Division Manager of Housing and Inspections determines the existence of a public nuisance as defined in Section 152.01, he/she may cause a written notice to be served on the owner and/or other responsible person, stating the findings with respect to the existence of a public nuisance and ordering the owner and/or other responsible person, to abate the public nuisance within 15 days. Whenever the issues raised by the written notice and order have been finally determined, the Division Manager may request the assistance of the Department of Law in abating the public nuisance in the manner provided in R.C. Chapter 3767. If the owner and/or other responsible person fails or refuses to comply with the order to abate the public nuisance, the Division Manager may, in addition to proceeding as provided hereinabove, proceed against the owner for any violations of this chapter.

(C)

The city may, at its option, elect to not utilize the procedure provided in Section 152.04(B), and proceed instead with the filing of an action in common pleas court in accordance with R.C. Chapter 3767.

(Ord. 21972, passed 3-9-66; Am. Ord. 25046, passed 1-21-76; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Written notice pursuant to Section 152.04 shall be served on the owner and/or other responsible person by one of the following methods:

(A)

By giving the notice to the person served;

(B)

By leaving the notice with a person of suitable age and discretion residing with the person served;

(C)

By sending the notice by certified mail to the last known address of the person serviced and receiving a return receipt showing delivery of the mailing; or

(D)

In the event a notice sent by certified mail, return receipt requested, is returned undelivered, by sending the notice by ordinary mail to the last known address of the person served and by posting the notice on the property subject to the notice.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Am. Ord. 30682-07, passed 9-5-07; Ord. 32116-24, passed 10-9-24)

(A)

On being served notice of a public nuisance as defined in Section 152.01, the owner may within 15 days after receipt of notice, make application in writing to the Division Manager of Building Services for a special service inspection permit to identify necessary repairs or replacement of items found to constitute a public nuisance and obtain the required permits. Upon approval of the application by the Division Manager of Housing and Inspections, the required permits shall be issued by the Division Manager of Building Services.

(B)

Adequate architect or engineer-sealed drawings as required by the Chief Building Official, covering the repairs or replacements shall be furnished by the owner to the Chief Building Official within 15 days after receipt of notice or such additional time, not to exceed 90 days, as the Division Manager of Building Services may deem necessary to complete plans and specifications.

(C)

The Chief Building Official shall, on approval of the sealed drawings, cause a building permit to be issued to the owner. The building permit shall be valid for a period of 12 months and within that time the owner shall effect and complete the repairs or replacements. The Division Manager of Building Services may grant an extension to the building permit, in writing, if the owner shows reason or cause for the requested extension and the extension will more readily effect the repairs and/or replacements.

(D)

Whenever permits are issued for repairs to the plumbing, electrical, heating and air conditioning, or similar systems in a nuisance structure, such permits shall be valid for a period of time not to exceed the unexpired term of the building permit, or extension thereof, pursuant to subsection (C) of this section, notwithstanding any other provision of the this Code to the contrary. In the event the said permits are issued for work which exceeds that which is necessary for the abatement of the nuisance, and if the nuisance is abated within the time provided in subsection (C) of this section, then the said permits shall remain valid, subject to the terms, provisions and limitations of the Unified Building Code.

(E)

On being served notice, the owner may within 15 days make application in writing or in person to the Division Manager of Building Services for a wrecking permit to abate the nuisance completely by demolition and removal of the structure. The wrecking permit shall be valid for a period of 30 days, and within that time the owner shall completely demolish and remove the entire building including basement and foundation walls where practical, and including any accessory structures. The Division Manager of Building Services may grant an extension to the wrecking permit if the owner shows reason or cause for the requested extension.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

(A)

Within 15 days after it has been finally determined that a nuisance exists, as defined in Section 152.02:

(1)

All persons responsible therefor shall vacate the premises;

(2)

The owner shall initiate such legal action as is necessary to vacate all persons responsible therefor from the premises, and shall diligently prosecute such legal action to a conclusion.

(B)

After the last person responsible for the nuisance has vacated the premises, the owner shall keep such premises vacant for a period of 365 days, unless the owner and every person responsible for the nuisance who wishes to occupy the premises, each file a bond naming the city as obligee, with sureties to be approved by the Director of Planning, Neighborhoods and Development and the Director of Law. The bond shall be in the amount of the value of the property, as determined by the Director of Planning, Neighborhoods & Development and the Director of Law. The Director of Planning, Neighborhoods & Development and Director of Law may make such determination on the basis of the total market value of the land and improvements, as shown on the county auditor's current valuation record, or on the basis of any other reliable evidence. The bond shall be conditioned that such owner and other persons responsible for the nuisance will immediately abate such nuisance and prevent the same from being established or kept during the 365-day period. The bond shall be posted for a full 365 days.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Cross reference— Penalty, see § 152.999.

(A)

The owner or other responsible person named on a nuisance notice may within 15 days after receipt of notice or within 15 days after any other determination has been made by the Division Manager of Housing and Inspections pursuant to this chapter, make a demand in writing to the Division Manager for a hearing on any legal or factual issue relating to the nuisance notice, or any question set forth in Section 152.07(D)(4), or on any determination made by the Division Manager pursuant to the authority granted by this chapter. The demand shall include the correct mailing address of the owner or person representing the owner and shall be accompanied by an appeal fee in the amount of $100.00. The hearing shall be scheduled within a reasonable time, not to exceed 30 days following receipt of the written demand.

(B)

The hearing shall be conducted by the Nuisance Appeals Board, composed of the Division Manager of Building Services and the Director or a designee from the Departments of Fire, Police, and Planning, Neighborhoods & Development.

(C)

In an appeal pursuant to Section 152.04(A) the Nuisance Appeals Board may vote to:

(1)

Sustain the finding that a public nuisance exists on the property and order the abatement thereof by repair or replacement or removal of the items found to constitute a public nuisance, or order the abatement thereof by demolition;

(2)

Sustain the finding that a public nuisance exists on the property and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance;

(3)

Continue the matter for a period not to exceed 45 days for further investigation and disposition;

(4)

Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or

(5)

Reverse the finding that a public nuisance exists on the property and dismiss the case.

(D)

In an appeal pursuant to Section 152.04(B) the Nuisance Appeals Board may vote to:

(1)

Sustain the finding that a public nuisance exists on the property and order the abatement thereof.

(2)

Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter.

(3)

Reverse the finding that a public nuisance exists on the property and dismiss the case.

(4)

Determine that the owner of the real property or personal property used in furtherance of the public nuisance was, in good faith, innocent of knowledge of the use of such property as a nuisance and that, with reasonable care and diligence, such owner could not have known thereof, and dismiss the case with respect to that owner.

(E)

A copy of the decision of the Nuisance Appeals Board shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, or person representing the owner, to keep the secretary of the Nuisance Appeals Board apprised of his/her current mailing address. For the purpose of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 28336, passed 7-24-91; Am. Ord. 29636-98, passed 11-4-98; Am. Ord. 30822-09, § 3, passed 1-7-09; Ord. 32116-24, passed 10-9-24)

(A)

Should the nuisance, as defined in Section 152.01, not be abated at the expiration of the time stated in the notice or expiration of the time stated in the building permit or wrecking permit or any extensions granted by the Division Manager of Housing and Inspections or the Division Manager of Building Services or such additional time as the Nuisance Appeals Board may grant, the Division Manager of Housing and Inspections shall be authorized at any time thereafter to enter on the premises and the owner shall permit him/her entry to abate the nuisance by demolition and removal of the structure or by taking such other action as is deemed appropriate to abate the nuisance or lessen the severity of the public nuisance. In abating such nuisance, the Division Manager of Housing and Inspections may call on any department, division, or bureau of the city for whatever assistance may be necessary to abate such public nuisance as aforesaid, or may, by private contract, abate or lessen the severity of such public nuisance or take such other action as may be deemed appropriate, and the cost of the contract will be paid for from city funds specifically authorized by the City Commission to be used for that purpose. In the event that a fire occurs on the premises of a nuisance structure between the time it is declared a public nuisance and the time such nuisance is fully abated, the reasonable expenses incurred by the city as a result of the services provided by the Department of Fire shall be included in the cost of abating or lessening the severity of the public nuisance. The cost of abating or lessening the severity of such public nuisance shall be recovered in the manner provided in subsection (B) of this section.

(B)

The cost of abating or lessening the severity of such public nuisance, or of such other action taken by the city pursuant to this chapter, shall be recovered in the following manner:

(1)

The owner or owners shall be billed directly by certified mail for the cost of abating or lessening the severity of such public nuisance. The bill for the cost thereof shall be paid within 60 days after receipt of the bill.

(2)

If the costs are not so recovered, the city may collect the costs by any of the following methods:

(a)

The city may cause the costs of abating or lessening the severity of such public nuisance to be levied as an assessment and recovered in accordance with R.C. § 715.261.

(b)

The city may commence a civil action to recover the costs from the owner, as provided in R.C. § 715.261.

(c)

Nothing contained in this section shall limit the city from asserting a claim, counterclaim, or similar demand for the recovery of such costs, including estimated costs for any remaining remediation, regardless of when performed, in any proceeding commenced by another party, or as restitution for an offense.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Am. Ord. 26289, passed 7-29-81; Am. Ord. 26554, passed 7-7-82; Am. Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Sections 152.01 through 152.09 shall not be deemed to be a limitation or restriction on the authority of any department, division, official, or employee of the city, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of this state or any ordinance heretofore enacted by the Commission.

(Ord. 21972, passed 3-9-66; Am. Ord. 24722, passed 5-15-74; Am. Ord. 26069, passed 9-10-80; Ord. 32116-24, passed 10-9-24)

The procedures contained in R.C. § 3929.86(C) and (D) relating to recovery of costs incurred by the city in repairing, removing, or securing fire-damaged buildings or other structures are hereby incorporated and adopted by reference and made a part of this chapter with the same force and effect as though set out in full herein.

(Ord. 27057, passed 9-5-84; Ord. 32116-24, passed 10-9-24)

No insurance company doing business in the state shall pay a claim of a named insured for fire damage to a building or other structure located within the city where the amount recoverable for the fire loss to the building or other structure under all insurance policies exceeds $5,000.00 and the loss equals or exceeds 60 percent of the aggregate limits of liability on all fire policies covering the building or structure unless there is compliance with the following procedures.

(A)

When the loss agreed to between the named insured or insureds and the insurance company or insurance companies equals or exceeds 60 percent of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with R.C. § 715.26(F) shall transfer from the insurance proceeds to the Director of Finance in the aggregate $2,000.00 for each $15,000.00, and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor's signed estimate of the costs of remodeling, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate.

(1)

Such transfers of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the city may be disbursed in accord with the policy terms.

(2)

The named insured or insureds may submit a contractor's signed estimate of the costs of removing, repairing, or securing the building or other structure after the transfer, and the Director of Finance, after the notifying the Division Manager of Housing and Inspections shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the city has not commenced to remove, repair, or secure the building or other structure.

(B)

Upon receipt of proceeds by the city as authorized by this section, the Director of Finance shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing, or securing incurred by the city, pursuant to R.C. § 715.261 and Sections 152.01—152.09 of this Code.

(1)

When transferring the funds as required in subsection (A) above, an insurance company shall provide the city with the name and address of the named insured or insureds, whereupon the city shall contact the named insured or insureds, certify that the proceeds have been received by the city, and notify them that the following procedures will be followed.

(2)

The fund shall be returned by the Director of Finance to the named insured or insureds no later than 60 days after repairs, or removal, or securing of the building or other structures have been completed as specified by the policy and the required proof is received by the Division Manager of Housing and Inspections provided that the city had not incurred any costs for repairs, removal, or securing. If the city has incurred any costs for repairs, removal, or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the city shall transfer, no later than 60 days after all such costs have been paid, the remaining funds to the named insured or insureds no later 60 days after all such costs have been paid. Nothing in this section shall be construed to limit the ability to recover any deficiency under R.C. § 715.261 and Sections 152.01—152.09 of this Code.

(3)

Nothing in R.C. § 3929.86(C) and (D), as adopted by this section, or in Section 152.01—152.11 of this Code shall be construed to prohibit the city and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.

(Ord. 25057, passed 9-5-84; Am. Ord. 28885-94, passed 9-7-94; Ord. 32116-24, passed 10-9-24)

(A)

No owner or other person shall occupy or let or permit to be occupied or let by another for occupancy any structure that has been declared by the Division Manager of Housing and Inspections to be a public nuisance without first applying for and obtaining the written consent of the Division Manager. Consent shall be given when all violations of all applicable housing, building and other health and safety codes of the city and the state have been corrected, when any injunctions obtained against use or occupancy have been dissolved, and when all parties have complied with all applicable requirements of Section 152.06.1.

(B)

In the event of a violation of subsection (A) by the owner, the cost of the relocation of tenants by the city shall be included as a cost of abating or lessening the severity of the public nuisance, and shall be recovered in the manner provided in Section 152.08.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Cross reference— Penalty, see § 152.99.

(A)

No owner or other person shall enter or be present in or on any building or premises that has been posted with a notice identifying the said building or premises to be a public nuisance, without first obtaining authorization in writing from the Division Manager of Housing and Inspections and having such written authorization on his/her person at the tinge.

(B)

It shall be an affirmative defense to a violation of this section that the person was the owner, or was authorized by the owner to be present on the said premises, and that one of the persons present had the required written authorization on his/her person at the time.

(C)

The officers, agents and employees of the city, state or federal government, or any political subdivision, or of any public utility, shall be exempt from the requirements of this section while in the course of their employment.

(D)

Written authorization, as provided in this section, shall be issued by the Division Manager of Housing and Inspections to any person who provides documentation which, on its face, indicates that such person is either an owner of the premises or is authorized by the owner to be present, or to any person who makes application and pays for any permit to do work on the premises.

(E)

Written authorization, as provided in this section, shall not be issued in connection with any property which has been declared a public nuisance as provided in Section 152.04(B), unless all parties have complied with all applicable requirements of Section 152.06.1.

(F)

The issuance of an authorization provided herein shall not be construed to create a privilege, as that term is used in R.C. §§ 2911.21 or 133.05, nor shall this section be deemed to have any effect whatsoever on the interpretations or application of those sections.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Cross reference— Penalty, see § 152.99.

It shall be unlawful for the owner of any premises, who has received a written notice declaring such premises to be a public nuisance, to sell, transfer, lease, or otherwise dispose of such premises to another until the premises have been rehabilitated or demolished, and until any injunctions obtained against use or occupancy have been dissolved, or until the owner has first furnished the grantee, transferee, or lessee a true copy of the said notice, and has furnished to the Division Manager of Housing and Inspections a signed and notarized statement from the grantee, transferee, or lessee, acknowledging the receipt of such notice and accepting the responsibility for abating the nuisance by rehabilitation, demolition, or otherwise in conformity with the terms of such notice, or extension thereof granted by the Division Manager.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Cross reference— Penalty, see § 152.99.

(A)

No person shall fail or refuse to obtain either a building permit or a wrecking permit and to abate a public nuisance within the time prescribed in the notice served pursuant to Section 152.04(A) and any extension thereof granted in writing by the Division Manager of Housing and Inspections.

(B)

No person shall fail or refuse to comply with an order to abate a public nuisance, as provided in Section 152.04(8).

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

Cross reference— Penalty, see § 152.99.

(A)

A violation of Sections 152.06.1, 152.12.1, 152.12.2, or 152.12.3 shall be construed to be a strict liability offense.

(B)

A violation of Section 152.12 shall be construed to be a strict liability offense as to all owners or persons responsible for the nuisance. Negligence, as defined in R.C. § 130.08, shall be the standard of culpability as to all other persons who violate Section 152.12.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

In any case in which it necessary to prove that a property is a public nuisance as defined in Section 152.01, evidence as to the reputation of such place shall be admissible on the question of whether the property is or is not a public nuisance, and every owner and every person responsible for the premises shall be presumed to have knowledge of the reputation of the place.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

A prosecution for the violation of any provisions of this chapter shall be initiated only by the filing of a complaint by an officer, agent, or employee of the city. The mere filing of a complaint shall, however, create a rebuttable presumption that it was filed by an officer, agent, or employee of the city.

(Ord. 28336, passed 7-24-91; Ord. 32116-24, passed 10-9-24)

All houses and buildings in the city shall be numbered according to the provisions of Sections 152.21 to 152.24.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

(A)

For the purpose of fixing and determining house and building numbers, two base lines are hereby established: Main Street running north and south and Third Street running east and west.

(B)

All streets running east and west shall be numbered eastwardly and westwardly from Main Street.

(C)

All streets running north and south shall be numbered northwardly and southwardly from Third Street.

(D)

The even numbers shall be used on the south side of all east and west streets and on the east side of all north and south streets. The odd numbers shall be used on the north side of all east and west streets and on the west side of all north and south streets.

(E)

One hundred numbers shall be allowed for each block providing that each existing entrance or doorway shall receive a number and that numbers shall progress arithmetically. Plats shall be made of each street numbered and shall show the numbers given to each lot or parcel.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

Upon notification by the Director of Planning, Neighborhoods and Development of the proper number or numbers for a house or building, the owner of the house or building shall cause the number or numbers to be placed and continuously maintained in a conspicuous place on the front of such house or building. If a house or building stands back more than 50 feet from the street line, the number or numbers shall be conspicuously displayed at or near the walk or driveway to such house or building in an appropriate place so as to be easily legible from the sidewalk. The numbers shall not be less than three inches in height.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

The Director of Planning, Neighborhoods and Development is authorized to change the house numbering of any street or part of a street or of any individual building or buildings when such change is necessary by reason of readjustment of any kind, inaccuracy, or mistake, or for any other cause.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

No person shall remove, alter or deface any house number or numbers properly assigned and placed on or near a house or building or place or retain on any house or building any number or numbers other than the ones duly assigned.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

It shall be the duty of the Zoning Administrator to enforce the provisions of Section 152.20—152.24.

(Ord. 16421, passed 4-28-48; Ord. 32116-24, passed 10-9-24)

It is the purpose of the regulations to promote the public health, safety and general welfare, and to:

(A)

Protect human life and health;

(B)

Minimize expenditure of public money for costly flood control projects;

(C)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D)

Minimize prolonged business interruptions;

(E)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(F)

Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

(G)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

(H)

Minimize the impact of development on adjacent properties within and near flood prone areas;

(I)

Ensure that the flood storage and conveyance functions of the floodplain are maintained;

(J)

Minimize the impact of development on the natural, beneficial values of the floodplain;

(K)

Prevent floodplain uses that are either hazardous or environmentally incompatible; and

(L)

Meet community participation requirements of the National Flood Insurance Program.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

In order to accomplish its purposes, these regulations include methods and provisions for:

(A)

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

(B)

Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

(C)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D)

Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and

(E)

Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

These regulations shall apply to all areas of special flood hazard within the jurisdiction of the city as identified in Section 152.58, including any additional areas of special flood hazard annexed by the city.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

For the purposes of these regulations, the following studies and/or maps are adopted:

(A)

Flood Insurance Study, Montgomery County, Ohio and Incorporated Areas, and Flood Insurance Rate Map, Montgomery County, Ohio and Incorporated Areas, both effective October 27, 2022.

(B)

Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard, include:

(C)

Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the state which has been approved by the city as required by Section 152.79, Subdivisions and Other New Developments.

Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the One Stop Center, 371 West Second Street, Dayton, Ohio.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

These regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance the more restrictive shall be followed.

These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

In the interpretation and application of these regulations, all provisions shall be:

(A)

Considered as minimum requirements;

(B)

Liberally construed in favor of the governing body; and

(C)

Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

Accessory structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

Appeal. A request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one-percent chance annual flood or 100-year flood.

Base (100-year) flood elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from one to three feet).

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Enclosure below the lowest floor. See lowest floor.

Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

Fill. A deposit of earth material placed by artificial means.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

Flood insurance rate map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

Flood insurance risk zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

Zone A: Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are not determined.

Zones A1-30 and zone AE: Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are determined.

Zone AO: Special flood hazard areas inundated by the 100-year flood in any given year; with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths are determined.

Zone AH: Special flood hazard areas inundated by the 100-year flood in any given year; flood depths of one to three feet (usually areas of ponding); base flood elevations are determined.

Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a federal flood protection system under construction; no base flood elevations are determined.

Zone B and zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

Zone C and zone X (unshaded): Areas determined to be outside the 500-year floodplain.

Flood insurance study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on flood boundary and floodway maps), and the water surface elevations of the base flood.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection elevation. The flood protection elevation, or FPE, is the base flood elevation plus 1.5 feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.

Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.

The floodway is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

Historic structure. Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

3.

Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

4.

Individually listed on the inventory of historic places maintained by City of Dayton's historic preservation program, which program is certified by the Ohio Historic Preservation Office.

Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

Letter of map change (LOMC). A letter of map change is an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and flood way maps, and flood insurance studies. LOMCs are broken down into the following categories:

Letter of map amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.

Letter of map revision (LOMR): A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

Conditional letter of map revision (CLOMR): A comment by FEMA regarding a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. A CLOMR does not amend or revise effective flood insurance rate maps, flood boundary and floodway maps, or flood insurance studies.

Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in R.C. Chapter 4781.

Manufactured home park. As specified in the Ohio Administrative Code Section 4781-12-01(K), a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any road way, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes.

Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

National Flood Insurance Program (NFIP). The NFIP is a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood loss.

New construction. Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by City of Dayton and includes any subsequent improvements to such structures.

For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM December 4, 1979 or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the R.C. § 111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

Recreational vehicle. A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Registered professional architect. A person registered to engage in the practice of architecture pursuant to R.C. §§ 4703.01 and 4703.19.

Registered professional engineer. A person registered as a professional engineer pursuant to R.C. Chapter 4733.

Registered professional surveyor. A person registered as a professional surveyor pursuant to R.C. Chapter 4733.

Special flood hazard area. Also known as "areas of special flood hazard," it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on flood insurance rate maps, flood insurance studies, flood boundary and floodway maps and flood hazard boundary maps as zones A, AE, AH, AO, A1-30, or A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the "before damaged" condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure."

Variance. A grant of relief from the standards of these regulations.

Violation. The failure of a structure or other development to be fully compliant with these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The Chief Building Official is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

(A)

Evaluate applications for permits to develop in special flood hazard areas.

(B)

Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

(C)

Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

(D)

Inspect buildings and lands to determine whether any violations of these regulations have been committed.

(E)

Make and permanently keep all records for public inspection necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, floodproofing certificates, variances, and records of enforcement actions taken for violations of these regulations.

(F)

Enforce the provisions of these regulations.

(G)

Provide information, testimony, or other evidence as needed during variance hearings.

(H)

Coordinate map maintenance activities and FEMA follow-up.

(I)

Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 152.58, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development 's location. Such applications shall include, but not be limited to:

(A)

Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

(B)

Elevation of the existing, natural ground where structures are proposed.

(C)

Elevation of the lowest floor, including basement, of all proposed structures.

(D)

Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

(E)

Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

(1)

Floodproofing certification for non-residential floodproofed structure as required in Section 152.81.

(2)

Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 152.80(E) are designed to automatically equalize hydrostatic flood forces.

(3)

Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 152.85(C).

(4)

A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 152.85(B).

(5)

A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 152.85(A).

(6)

Generation of base flood elevation(s) for subdivision and other new developments as required by Section 152.79.

(F)

A floodplain development permit application fee set by the schedule of fees adopted by the city in accordance with Section 153.36.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

Review.

(1)

After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 152.67 has been received by the Floodplain Administrator.

(2)

The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

(B)

Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If the Floodplain Administrator is satisfied that the development proposed in the floodplain development application conforms to the requirements of this chapter, the Floodplain Administrator shall issue the permit. All floodplain development permits shall be conditional upon the commencement of work within 180 days. A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The following as-built certifications are required after a floodplain development permit has been issued:

(A)

For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered professional surveyor to record as-built elevation data. For elevated structures in zone A and zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

(B)

For all development activities subject to the standards of Section 152.73(A), a letter of map revision.

(C)

For new or substantially improved nonresidential structures that have been floodproofed in lieu of elevation, where allowed, the applicant shall supply a completed floodproofing certificate for non-residential structures completed by a registered professional engineer or architect together with associated documentation.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 152.86 of these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

An application for a floodplain development permit shall not be required for maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $2,500.00.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

Development that is funded, financed, undertaken, or preempted by state agencies shall comply with minimum NFIP criteria.

(B)

Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a 100-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with minimum NFIP criteria and any applicable local floodplain management resolution or ordinance as required by R.C. § 1521.13. This includes, but is not limited to:

(1)

Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Commerce and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 4781-12.

(2)

Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.

(3)

Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.

(C)

Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988—Floodplain Management.

(D)

Each federal agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning programs and budget request reflect consideration of flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of EO 11988.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the city's flood maps, studies and other data identified in Section 152.58 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(A)

Requirement to submit new technical data.

(1)

For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

(a)

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

(b)

Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

(c)

Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

(d)

Subdivision or other new development proposals requiring the establishment of base flood elevations in accordance with Section 152.79.

(2)

It is the responsibility of the applicant to have technical data, required in accordance with Section 152.73(A), prepared in a format required for a conditional letter of map revision or letter of map revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

(3)

The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

(a)

Proposed floodway encroachments that increase the base flood elevation; and

(b)

Proposed development which increases the base flood elevation by more than one foot in riverine areas where FEMA has provided base flood elevations but no floodway.

(4)

Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to Section 152.73(A)(1).

(B)

Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the City Manager and may be submitted at any time.

(C)

Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the city have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the city's flood insurance rate map accurately represent the city boundaries, include within such notification a copy of a map of the city suitable for reproduction, clearly showing the new corporate limits or the new area for which the city has assumed or relinquished floodplain management regulatory authority.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

(A)

In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

(B)

Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

(C)

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 152.86, Appeals and Variances.

(D)

Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

Zone A.

(1)

Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably utilized as best available data.

(2)

When all appeals have been resolved and a notice of final food elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.

(B)

Zones AE, A1-30, AH, and AO.

(1)

BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However:

(a)

Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected.

(b)

Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate flood plain development until the LFD has been issued or until all appeals have been resolved.

(2)

If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of Section 152.85(B) since the data in the draft or preliminary FIS represents the best data available.

(C)

Zones B, C, and X.

(1)

Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as zone B, C, or X on the effective FIRM which are being revised to zone AE, A l -30, AH, or AO. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety, and property of their citizens are protected.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

(A)

Determine whether damaged structures are located in special flood hazard areas;

(B)

Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

(C)

Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 152.58, 152.74(A), or 152.741.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by city are allowed provided they meet the provisions of these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:

(A)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

(B)

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

(C)

On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

(B)

All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage;

(C)

All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and

(D)

In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less.

(E)

The applicant shall meet the requirement to submit technical data to FEMA in Section 152.73(A)(1)(d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 152.79(D).

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The requirements of Section 152.80 apply to new construction of residential structures and to substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 152.741.

(A)

New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (4.4(A)) and construction materials resistant to flood damage (4.4(B)) are satisfied.

(B)

New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

(C)

New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

(D)

New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

(E)

New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:

(1)

Be used only for the parking of vehicles, building access, or storage; and

(2)

Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

(3)

Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(F)

Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(G)

Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 152.80.

(H)

New construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

The requirements of Section 152.81 apply to new construction and to substantial improvements of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the community's effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in Section 152.741.

(A)

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 152.80(A)—(C) and (E)—(G).

(B)

New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

(1)

Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

(3)

Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 152.81(B)(1) and (2).

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO, and AH designated on the community's FIRM. Such structures must meet the following standards:

(A)

They shall not be used for human habitation;

(B)

They shall be constructed of flood resistant materials;

(C)

They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

(D)

They shall be firmly anchored to prevent flotation;

(E)

Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

(F)

They shall meet the opening requirements of Section 4.4(E)(3);

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:

(A)

They shall not be located on sites in special flood hazard areas for more than 180 days;

(B)

They must be fully licensed and ready for highway use; or

(C)

They must be placed on the site pursuant to a floodplain development permit issued under Sections 152.66 and 152.67, and meet all standards of Section 152.80.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

(A)

Development in floodways.

(1)

In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

(2)

Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

(a)

Meet the requirements to submit technical data in Section 152.73(A);

(b)

An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

(c)

Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

(d)

Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

(e)

Concurrence of the City Manager and the Chief Executive Officer of any other communities impacted by the proposed actions.

(B)

Development in riverine areas with base flood elevations but no floodways.

(1)

In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or

(2)

Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

(a)

An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

(b)

Section 152.85(A)(2), items (a) and (c)—(e).

(C)

Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

(1)

The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

(2)

Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

(3)

The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the city specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

(4)

The applicant shall meet the requirements to submit technical data in Section 3.11(A)(1)(c) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Appeals board established.

(A)

The city's Board of Building Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by the city's Building Code Section 152.87.

(B)

Records of the Appeals Board shall be kept and filed in 371 West Second Street, Dayton, Ohio 45402.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

(B)

Authorize variances in accordance with Section 152.88 of these regulations.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 30 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Flood plain Administrator's decision was made to the Appeals Board.

Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

(A)

Application for a variance.

(1)

Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

(2)

Such application at a minimum shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

(B)

Notice for public hearing. The Appeals Board shall schedule and hold a public hearing within 30 days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing.

(C)

Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(2)

The danger to life and property due to flooding or erosion damage.

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

(6)

The necessity to the facility of a waterfront location, where applicable.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(D)

Determinations. Variances shall only be issued upon:

(1)

A showing of good and sufficient cause.

(2)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

(3)

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

(4)

A determination that the structure or other development is protected by methods to minimize flood damages.

(5)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

(E)

Other conditions for variances.

(1)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(2)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 152.88(C)(1) to (11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(3)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

All testimony shall be given under oath.

(B)

A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

(C)

The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

(D)

The administrator may present evidence or testimony in opposition to the appeal or variance.

(E)

All witnesses shall be subject to cross-examination by the adverse party or their counsel.

(F)

Evidence that is not admitted may be proffered and shall become part of the record for appeal.

(G)

The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

(H)

The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Those aggrieved by the decision of the Appeals Board may appeal such decision to the county court of common pleas, pursuant to R.C. Chapter 2506.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

(A)

No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 152.72.

(B)

Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 152.99.

(C)

Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and application or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 152.99.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

(A)

Be put in writing on an appropriate form.

(B)

Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations.

(C)

Specify a reasonable time for performance.

(D)

Advise the owner, operator, or occupant of the right to appeal.

(E)

Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)

Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a third-degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the city. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. The city shall prosecute any violation of these regulations in accordance with the penalties stated herein.

(Ord. 31991-22A, passed 9-21-22; Ord. 32116-24, passed 10-9-24)