South Amherst City Zoning Code
PART THIRTEEN
BUILDING CODE
CHAPTER 1313 Fences (Repealed)
(EDITOR’S NOTE: Former Chapter 1313 was repealed by Ordinance 1810-24, passed October 7, 2024.)
CHAPTER 1329 House Trailers (Repealed)
(EDITOR’S NOTE: Former Chapter 1329 was repealed by Ordinance 1811-24, passed October 7, 2024.)
1301.01 ADOPTION.
There is hereby adopted by the Municipality, the most recent edition of the Ohio Building Code (OBC) and related codes as adopted by the Ohio Board of Building Standards, Department of Industrial Relations and as identified and published in Division 4101:1 et seq. of the Ohio Administrative Code (OAC).
(Ord. 1766-23. Passed 4-10-23.)
1301.02 PURPOSE.
The purpose of the Ohio Building Code is to establish uniform minimum requirements for the erection, construction, repair, alteration, and maintenance of buildings, including construction of industrialized units. Such requirements shall relate to the conservation of energy, safety, and sanitation of buildings for their intended use and occupancy with consideration for the following:
(a) Performance. Establish such requirements, in terms of performance objectives for the use intended.
(b) Extent of Use. Permit to the fullest extent feasible, the use of materials and technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes of materials or products or methods of construction.
(c) Standardization. To encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units.
The rules of the Board of Building Standards and proceedings shall be liberally construed in order to promote its purpose. When the Building Official finds that the proposed design is a reasonable interpretation of the provisions of this Code, it shall be approved. (Ord. 1600-18. Passed 11-12-18.)
1301.03 SCOPE.
The provisions of the Ohio Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. As provided in Section 3791.04(B) of the Ohio Revised Code, no plans or specifications shall be approved or inspection approval given unless the building represented by those plans or specifications would, if constructed, repaired, erected or equipped according to those plans or specifications, comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rules adopted by the Board.
An owner may exceed the requirements of the Ohio Building Code in compliance with Section 102.7 of the Ohio Building Code.
Exceptions:
(a) Detached one-, and two-, and three-family dwellings and structures incidental to those dwellings which are not constructed as industrialized units shall comply with local residential codes, if any, adopted by the authority having jurisdiction. This exception does not include the energy provisions required in “Chapter 13, Energy Efficiency” of the OBC (see Sections 3781.06, 3781.181 and 3781.182 of the Ohio Revised Code);
(b) Buildings owned by and used for a function of the United States Government;
(c) Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller. (See Sections 3781.06 and 3781.061 of the Ohio Revised Code);
(d) Agricultural labor camps;
(e) Type A or Type B family day-care homes;
(f) Buildings or structures which are designed, constructed and maintained in accordance with federal standards and regulations and are used primarily for federal and state military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. Sections 18233(a)(1) and 18237, has acquired by purchase, lease, or transfer, and constructs, expands, rehabilitates, or corrects and equips, such buildings or structures as he determines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C.;
(g) Manufactured homes constructed under “24 CFR Part 3280", “Manufactured Home Construction and Safety Standards”.
(Ord. 1600-18. Passed 11-12-18.)
1301.04 COMPLIANCE.
(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Building Code is applicable, or make any addition thereto or alteration thereof, except in case of repairs for maintenance without affecting the construction, sanitation, safety or other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.
(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.
(c) No owner shall proceed with the construction, erection, alteration or equipment of any building to which the Ohio Building Code is applicable until the plans or drawings, specifications, and data have been approved as Ohio R.C. 3791.04 requires, or the industrialized unit inspected at the point of origin. No plans or specifications shall be approved or inspection approval given unless the building represented would, if constructed, repaired, erected, or equipped comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rule made under those chapters.
(Ord. 1600-18. Passed 11-12-18.)
1301.05 EXISTING STRUCTURES.
The provisions of Chapter 34 of the Ohio Building Code shall control the alteration, repair, addition, and change of occupancy of any existing structure.
The occupancy of any structure currently existing on the date of adoption of this Code shall be permitted to continue without change provided the alleged occupancy can be shown to have existed for more than two years and there are no orders of the Building Official pending, no evidence of fraud, or no serious safety or sanitation hazard.
Buildings constructed in accordance with plans which have been approved prior to the effective date of this Code are existing buildings.
(Ord. 1600-18. Passed 11-12-18.)
1301.06 VIOLATIONS.
(a) Adjudication Orders Required Before Legal Proceedings. Before the Municipality attempts to enforce Chapters 3781 and 3791 of the Ohio Revised Code or any rules adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of Sections 119.06 to 119.13 of the Ohio Revised Code or a stop work order as provided in Section 1301.07. Every adjudication order shall:
(1) Cite the law or rules directly involved and shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Chapters 3781 and 3791 of the Ohio Revised Code.
(2) Include notice to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the party that at the hearing he may be represented by counsel, present his arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him.
(b) Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure. When the Building Official finds that work or equipment is contrary to approved construction documents and the rules of the Board of Building Standards, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent which shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board. The notice shall specify a reasonable period of time in which to conform to said plans or the rules of the Board. Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the plans or drawings and specifications for approval as required under Section 105.3 of the Ohio Building Code.
(c) Prosecution of Violation. Upon the issuance of any order provided for in this section or Section 1301.07
, the person receiving an order shall cease work upon the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Section 3781.19 of the Ohio Revised Code and all appeals from such hearing have been completed, or the order has been released.
(Ord. 1600-18. Passed 11-12-18.)
1301.07 STOP WORK ORDER.
(a) Authority. Whenever the Building Official finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order whenever the Building Official finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Chapters 3781 and 3791 of the Ohio Revised Code or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified in the order.
(b) Issuance
.
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent and the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(c) Unlawful Continuance
.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.
(Ord. 1600-18. Passed 11-12-18.)
1301.08 CONFLICT.
(a) General
.
Where, in any specific case, different sections of the Ohio Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(b) Other Laws
.
The provisions of the Ohio Building Code shall not be deemed to nullify any provisions of state or federal law. The Municipality, under Section 3781.01 of the Ohio Revised Code, may make further and additional regulations, not in conflict with Chapters 3781 and 3791 of the Ohio Revised Code or with the rules of the Board of Building Standards. However, under Section 3781.12 of the Ohio Revised Code, approval by the Board of Building Standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio. The rules of the Board of Building Standards shall supersede and govern any order, standard, or rule of the Division of the Fire Marshal or Industrial Compliance in the Department of Commerce, and Department of Health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the Board of Building Standards, except that rules adopted and orders issued by the Fire Marshal pursuant to Chapter 3743, of the Ohio Revised Code prevail in the event of a conflict.
(Ord. 1600-18. Passed 11-12-18.)
1301.09 ENFORCEMENT.
(a) In General. The Building Official shall enforce provisions of the rules of the Board of Building Standards and of Chapters 3781 and 3791 of the Ohio Revised Code, relating to construction, arrangement, and the erection of buildings or parts thereof as defined in the rules of the Board in accordance with the certification. The Building Official shall exercise exclusive responsibility for the enforcement of all design and construction requirements found in the Ohio Building Code and in other codes and referenced standards to the extent that the Building Code refers to those documents for design data, facts, figures, requirements, criteria, conditions, measures, and information except as follows:
(1) Fire. The Fire Marshal or Fire Chief shall enforce all provisions of the rules of the Board relating to fire prevention. For those design and construction requirements and other requirements found in the Fire Prevention Code to which the Building Code refers, to the extent of the reference they shall be enforced by the Building Official.
(2) Health. The Department of Health, or the boards of health of the City or general health districts the Division of Industrial Compliance of the Department of Commerce, or the Departments of Building Inspection of municipal corporations shall enforce such provisions relating to sanitary construction.
(3) Engineering. The Department of the City Engineer, in cities having such departments, has complete supervision and regulation of the entire sewerage and drainage system of the City, including the house drain and the house sewer and all laterals draining into the street sewers. Said department shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the City and shall issue all the necessary permits and licenses for the construction and installation of all house drains and house sewers and of all other lateral drains that empty into the main sewers. Such department shall keep a permanent record of the installation and location of every drain and sewerage system of the City.
(4) Enforcement. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the Board.
The Building Official shall have the authority to render interpretations of the Ohio Building Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code.
(b) Applications and Approvals. The Building Official shall receive applications, require the review of submitted construction documents and issue plan approvals for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such approvals have been issued and enforce compliance with the provisions of this Code.
(c) Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this Code. When the Building Official finds that work or equipment is contrary to approved plans therefor and the rules of the Board, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent. The notice shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board, and specify a reasonable period of time in which to conform to said plans or the rules of the Board.
(d) Inspections. If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the Building Official, under Section 109 of the Ohio Building Code, the Building Official shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved plans and to safety and sanitation, except special inspections required under Section 1704 of the Ohio Building Code.
(e) Identification. The Building Department personnel shall show, when requested, proper identification when entering structures or premises in the performance of duties under this Code.
(f) Right of Entry. The Building Official, or Building Official’s designee, is authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that credentials are presented to the occupant and that entry is requested and obtained. Where permission to enter has not been obtained, is denied, or the Building Official has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard the Building Official shall have recourse to the remedies provided by law to secure entry.
(g) Department Records. The Building Official shall keep official records of applications received, certificate of plan approval issued, notices and orders issued, certificate of occupancy, and other such records required by the rules of the Board of Building Standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by document retention regulations.
(h) Liability. Liability of certified Building Department personnel for any tortuous act will be determined by Ohio courts to the applicable provisions of Chapter 2744 of the Ohio Revised Code.
(OBC 104)
1301.99 PENALTY.
Whoever violates any provision of this chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of failure to cease work after receipt of a stop work order as referred to in Section 1301.07.
1303.01 APPLICATION AND ENFORCEMENT.
In order to regulate the erection, construction, repair, alteration and maintenance of residential dwellings, the Residential Code of Ohio for One, Two, and Three-Family Dwellings as adopted by the Ohio Board of Building Standards pursuant to Ohio Revised Code 3781.10, shall apply and be enforced within the Municipality.
(Ord. 1600-18. Passed 11-12-18.)
(Ord. 1600-18. Passed 11-12-18.)
1303.02 FEES.
(a) Fees for Building Permits issued for construction pursuant to the Ohio Revised Code shall be as stated in Exhibit “B” attached to Ordinance 1267.
(b) Fifteen percent (15%) of the building permit fees collected per this section shall be deposited into the Village General Fund. The remaining eighty-five percent (85%) of fees collected shall be deposited to a Village expendable trust fund (agency fund) which is hereby established for payment as follows: Twenty dollars ($20.00) per permit issued shall be paid to the Clerk-Treasurer. After payment for Plan Review and Inspectors, the remaining monies shall be paid to Residential Building Official, as invoiced.
(c) One-percent (1%) assessment shall be collected on behalf of the Board of Building Standards of those fees imposed for approvals, the acceptance and approval of plans and specifications, and for the making of inspections.
(Ord. 1600-18. Passed 11-12-18.)
1303.03 APPEAL PROCESS.
(a) Any person, firm, company or corporation has the right to appeal any decision of the Village relating to any provisions of the Building Code. Anyone desiring to appeal a decision of the Residential Building Code may do so by filing a written appeal to the Village of South Amherst Residential Board of Appeals. All Commercial Building Code appeals shall be to the Ohio Board of Building Appeals, in accordance with the Ohio Building Code.
(b) The Residential Board of Appeals shall consist of three members, the Mayor as Chairperson, President of Council and one member of the Board of Zoning Appeals. Said Board shall hear appeals regarding the Residential Building Code.
(c) The Residential Board of Appeals shall hear and decide the adjudication hearing, arising from the orders of the Building Official in the enforcement of the Residential Building Code or other such rules, regulations or ordinances of the Village pertaining to residential buildings, including moving and demolition. The orders may be reversed or modified by the Board if it finds:
(1) The order is contrary to such Code, rules, regulations or ordinances;
(2) The order is contrary to a fair interpretation or application thereof; or
(3) That a variance from the provisions of such Code, rules, regulations or ordinances, in a specific case, will not be contrary to the public interest where literal enforcement of such provisions will result in unnecessary hardships.
(d) (1) Requests for an appeals hearing shall be made in writing to the Clerk/Treasurer within thirty days of the mailing or posting date of an adjudication order. Each request shall be accompanied with a processing fee of seventy-five dollars ($75.00) which is refundable should the Board rule in favor of the aggrieved party. The Residential Board of Appeals shall schedule a hearing within fifteen days and notify the party of the same by certified mail.
(2) For purposes of conducting adjudication hearings, the Board may require attendance of witnesses, production of records or documents, and may take depositions of witnesses. Testimony shall be under oath, with a stenographic or mechanical record kept, along with other such evidence as submitted.
(3) The Board shall render its decision within ten days after the conclusion of the hearing.
(4) Following the hearing, the Board shall serve by certified mail, return receipt requested, upon the party affected thereby, a certified copy of the order and a statement of the time and method by which an appeal may be perfected. A copy shall also be mailed to the attorney, or other representative of record representing the party.
(5) All rulings of the Board, on behalf of the Village, are final. However, an appeal of the Board’s ruling may be made to the Court of Common Pleas in accordance with applicable law, rule or regulation.
(Ord. 1600-18. Passed 11-12-18.)
1305.01 BUILDING PERMIT REQUIRED.
(a) It shall be unlawful for any person to alter, build, or repair any structure without first obtaining an approval and permit from the Building Official, and a permit from the Zoning Official (if necessary) of the Village of South Amherst to do such work.
(b) Before altering, building, or repairing, except for minor repairs, shall begin, the applicant shall submit a detailed plot plan and construction drawings in triplicate when required of all work proposed to be done. One set of plans and specifications to be returned to the owner upon approval or disapproval, one to be kept by the building department and one to be kept by the zoning department
(c) Detailed plans and specifications shall be approved by the Building Official. The Zoning Official of the Village of South Amherst shall approve all zoning requirements pertaining to the building project.
(d) Upon issuance of a building permit, if work has not commenced per the approved plans and specifications within six months of the date of approval, such plans and specifications shall be re-submitted for approval.
(e) All work commenced under a building permit issued by the Building Official shall be completed within one year of the date of issuance.
(f) In case of violation of any of the terms of this section, the permit to execute the work shall be revoked by the Building Official of the Village of South Amherst and notice of revocation will be given to the person performing the work and to the owner of the building or his agent; and, thereupon, all work on such permit shall immediately cease and shall not recommence until such permit shall have been renewed by the Building Official.
(g) Failure of owner to obtain a building permit prior to commencement of work shall result in a building permit fee amount equivalent to original permit fee plus two times the permit fee amount. (Ord. 1600-18. Passed 11-12-18.)
1305.011 NEW CONSTRUCTION OR OTHER PERMANENT STRUCTURES.
(a) Structure with permanent footings are required to submit in triplicate:
(1) Construction drawings for approval by the building Inspector.
(2) Plot Plan.
A. Must show new building in reference to property boundaries and existing buildings.
B. Must show the location of all easements and drainage facilities.
C. Must be approved by the Zoning Inspector prior to submittal of building permit.
(3) Must have current Health Department Sanitation permit if applicable.
A. Subject to review.
(b) Accessory buildings of 150 sq. ft. or less.
(1) Plot plan.
A. Must conform to all other requirements of this chapter.
(Ord. 1600-18. Passed 11-12-18.)
1305.012 BUILDING PERMITS; CERTIFICATES OF OCCUPANCY.
(a) No excavation for foundation, not the erection, construction or structural alteration of any structure or part of a structure, or occupancy of streets or alleys with building materials or temporary structures for construction purposes, shall be undertaken until a Building Permit therefore shall have been issued by the Administrative Officer. No such Building Permit shall be issued before application has been made for a Certificate of Occupancy.
(b) No vacant land or structure shall be occupied, erected, structured, altered or use changed until a certificate of occupancy has been issued by the Administrative Officer.
(c) All applications for Building Permits and Certificates of Occupancy shall be accompanied by a plat, drawn to scale, showing actual dimensions of said lot to be built upon, the size and location of each building to be erected on each lot and such other information as may be necessary to enable the Administrative Officer to determine that the proposed structure and use will conform to the provisions of this Building Ordinance.
(d) A Certificate of Occupancy, either for the whole or part of a new building or for alteration of an existing building, shall be applied for, coincident with the application for a Building Permit and shall be issued within ten (10) days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this Building Ordinance.
(e) A Certificate of Occupancy for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use, and such certificate shall be issued, within ten (10) days after application has been made, provided such proposed use is in conformity with the provisions of this Building Ordinance.
(f) A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a non-conforming use, existing at the time of the passage of this Building Ordinance; and such Certificate shall state that the use does not conform with the provisions of this Building Ordinance. For the purpose of complying with this requirement, the Administrative Officer shall mail such Certificate to the occupants or owners of all such property within thirty (30) days after the passage of this Building Ordinance.
(Ord. 1600-18. Passed 11-12-18.)
1305.02 FEES.
(a) The Village hereby adopts the Fee Schedule for the Building Department as set forth by Regional Inspection Services, as described in Exhibit “A” Residential and Exhibit “B” Commercial attached to Ordinance 1800-24.
(b) A one-percent (1%) assessment shall be collected on behalf of the Ohio Board of Building Standards on all fees imposed on residential permits including approvals, plan approvals, and inspections.
(c) A three-percent (3%) assessment shall be collected on behalf of the Ohio Board of Building Standards on all fees imposed on commercial permits including approvals, plan approals, and inspections. (Ord. 1800-24. Passed 2-26-24.)
1305.03 COMMERCIAL ZONING CERTIFICATE OF COMPLIANCE.
(a) When required, the owner or developer of any property shall submit to the Mayor or Zoning Inspector the proper fee and the necessary plans, drawings and specifications of the property to be developed or built upon. If the plans, drawings and specifications are in compliance with the requirements of the Village Zoning Code, the Mayor or Zoning Inspector shall issue to the State Certified Building Inspector a certificate which indicates that said owner or developer has complied with all requirements of the Village Zoning Code. This certificate of compliance in no way shall override or contravene any building requirements which may be imposed by the Building Inspector.
(b) The reasonable fee for processing, reviewing and issuing the Certificate of Compliance shall be one-hundred dollars ($100.00), payable to the Village of South Amherst, at the time the plans, drawings and specifications are submitted.
(Ord. 1600-18. Passed 11-12-18.)
1305.04 CONTRACTOR REGISTRATION.
(a) Registration Required. All persons, firms, corporations, partnerships or any combination thereof, engaged as a contractor as hereinafter defined, shall be required to register for all trades engaged within the Village before performing any work within the Village and shall be subject to all the provisions of this chapter.
(b) Definitions.
(1) “Contractor” means a person, firm, corporation, partnership or any combination thereof, who engage for hire in construction or improvements within the Village in one or more trade categories, whether acting for themselves or others, and whether such trade is being performed by themselves, their employees or under subcontract. In the event that the one trade category is under subcontract, no work shall be performed until the subcontractor is registered by the Village.
(2) “Trade” means field of work requiring special skill or involving the use of specialized building crafts, and includes the following:
A. Masonry, which includes, but is not limited to, brick laying, block laying, concrete and cement, asphalt work and paving.
B. Carpentry, which includes, but is not limited to, woodworking, siding, roofing and windows.
C. Heating, tinning, central air conditioning and sheet metal work.
D. Wall covering, which includes, but is not limited to plastering, dry wall, taping, insulating and lath work.
E. Excavation, which includes, but is not limited to, sanitary sewer work, storm sewer work and general excavating, earth moving and grading.
F. Structural iron work for new construction.
G. Sign erection.
H. Swimming pool installation for all pools installed below grade.
(c) Registration Application and Renewal.
(1) Application. Application for registration shall be made to the Building Official on forms provided therefor.
(2) Qualifications for Registration.
A. The applicant for trades listed in (b)(2)A. through F. and H. specified herein shall have a minimum of two years practical experience; an affidavit to this effect shall be provided. In lieu of the experience required, the applicant may qualify with two years technical training in an accredited school; proof of the same shall be furnished at time of registration.
B. The applicant shall provide any and all references as may be requested on the application form in the manner provided.
C. All registration shall expire on December 31 of the year in which they are in force. Renewal of registration may be commenced thirty days prior to the expiration date. For renewal of registration, the final date will be January 31 within the year that the registration is to be renewed.
D. Every application for registration shall, upon the approval of this application, furnish and file with the Zoning Inspector, proof of public liability insurance in a minimum sum of one hundred thousand dollars ($100,000) and property damage insurance in a minimum sum of fifty thousand dollars ($50,000).
(d) Fee for Registration. Upon the approval of the application for registration and before a certificate is issued, the following fees shall apply:
Initial fee | $75.00 |
Annual renewal fee | 50.00 |
(Ord. 1599-18. Passed 11-12-18.)
(e) Waiver. The Mayor may waive any or all of the above requirements in cases of hardship.
(f) Suspension of Registration. Registration may be suspended by the Zoning Inspector upon giving written notice to that effect to the contractor for the following reasons:
(1) Violation of any provision of this chapter, Building Code, Residential Code of Ohio for one, two and three family dwellings and any provisions of the Zoning Code;
(2) Misrepresentation of material fact in order to become registered, or in the renewal of registration;
(3) Failure to secure permits, inspections and approvals required by the Building Code and Zoning Codes;
(4) Use of registration to obtain a permit for another;
(5) Failure or refusal to correct a violation of the Building Code within a prescribed period of time or to correct incompetent work as ordered by the Code Administrator; or
(6) Departure from or disregard of plans and specifications filed with the application for a permit;
(7) For any other reason that is determined to be adverse to the health, safety and welfare of the citizens of the Village.
(g) Appeal of Code Administrator Suspension.
(1) The Residential Board of Appeals shall hear all appeals of a decision to suspend registration by the Building Inspector.
(2) Persons, firms or corporations aggrieved by the decision of the Building Inspector, may within five working days of the date of receipt of notice of suspension appeal to the Residential Board of Appeals by filing with the Building Inspector written notice of appeal, specifying the reasons therefor.
(3) The Residential Board of Appeals, within 20 working days of the date of receipt of the appeal by the Building Inspector shall afford a public meeting upon such appeal. The Board shall at that meeting affirm or reverse the decision of the Building Inspector.
(4) The Board shall affirm the decision of the Building Inspector unless it finds:
A. That the Building Inspector erred as a matter of law; or
B. That the decision is not supported by reliable or probative evidence.
(5) Any party aggrieved by the decision of the Residential Board of Appeals may appeal to Council for final judgment by filing written notice thereof to the Clerk of Village Council within thirty days of the date of the decision by the Residential Board of Appeals. Council shall make a decision within thirty days.
(6) No person shall do any work authorized by a certificate of registration when the same is suspended or revoked.
(h) Persons Exempt from Registration.
(1) Home Owners. No provision or provisions of this chapter shall be construed to require that a bona fide owner of a one, two or three-family dwelling to be registered, who personally will perform work upon his/her premises.
(2) Government Agencies; Public Utilities; Private Organizations. Provisions of registration shall not apply to federal, State, county or municipal governmental agencies or public utilities furnishing services to the Village under municipal-utilities franchise agreement, to industrial, commercial or institutional organizations. A maintenance department, doing work within the provisions of the Building Code, is provided for except that should work covered by the Building Code be contracted to outside concerns, then such contractors shall be registered with the Village as provided therein.
(Ord. 1600-18. Passed 11-12-18.)
1305.05 FOOTERS. (REPEALED)
1305.06 SANITATION.
Each dwelling shall provide, at least:
(a) Water closet.
(b) Lavatory.
(c) Bath tub or shower.
(Ord. 1600-18. Passed 11-12-18.)
1305.07 WALL CONSTRUCTION.
(a) Exterior Walls. Shall be not less than 2" x 4" construction on 16" centers.
(b) Interior Walls
.
Shall be not less than 2" x 4" construction on 16" centers.
(c) Masonry Walls
.
The minimum thickness of masonry bearing walls and exterior no bearings walls shall be not less than 8".
(Ord. 1600-18. Passed 11-12-18.)
1305.08 FLOOR CONSTRUCTION. (REPEALED)
1305.09 CONCRETE SLABS. (REPEALED)
1305.10 FIRE WALLS. (REPEALED)
1305.11 ROOFING. (REPEALED)
1305.12 ATTACHED GARAGES. (REPEALED)
1305.13 SIDEWALKS.
Lots, sublots or any other land upon which a dwelling is abutting other lots, sublots or other land upon which sidewalks already exist must continue with the sidewalk across their frontage of said lot, sublot or land.
(Ord. 1600-18. Passed 11-12-18.)
1305.14 CONSTRUCTION TIME-TABLE.
(a) Exterior construction shall be completed within twelve months, from construction starting date.
(b) Finished grading and lawn seeding shall be completed in eighteen months from starting date of construction.
(Ord. 1600-18. Passed 11-12-18.)
1305.15 INSPECTIONS.
(a) Concrete Work.
(1) Inspections shall be required for all concrete work.
A. Zoning Inspector must be notified at least 48 hrs. before the pour.
B. All forms and reinforcement must be in place at the time of inspection, and prior to pouring.
(b) Residential Building Construction. Framing inspection - made after the roof, all framing, firestopping, and bracing are in place. The property owner or contractor are responsible for contacting the Zoning Inspector.
(Ord. 1600-18. Passed 11-12-18.)
1305.99 PENALTY.
Violation of this Building Code shall be a minor misdemeanor. Each day shall constitute a separate offense.
(Ord. 1600-18. Passed 11-12-18.)
1306.01 REIMBURSEMENT OF ENGINEERING REVIEW COSTS.
Whenever the Village requires review of plans for the development of real estate within the Village, and whenever the Village deems it necessary to hire an engineer to review said plans on behalf of the Village, the cost to the Village for hiring said engineer shall be wholly reimbursed to the Village by the developer within thirty days of receipt of such bill from the Village.
(Ord. 1600-18. Passed 11-12-18.)
1306.02 INSTALLATION OF ELECTRIC LIGHTING ON PUBLIC STREETS.
Any person, corporation, partnership or other legal entity who develops any land or lot within the Village of South Amherst, Ohio, shall at its own expense, install all electric lighting for streets and public roads, if any are required. Such electric lighting shall conform to specifications approved by Council.
(Ord. 1600-18. Passed 11-12-18.)
1309.01 GENERAL PROVISIONS.
(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Village Council of South Amherst, State of Ohio, does ordain as follows:
(b) Findings of Fact. The Village of South Amherst has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) 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;
(6) 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;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) 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;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the Village of South Amherst as identified in subsection (f) hereof, including any additional areas of special flood hazard annexed by the Village of South Amherst.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) Flood Insurance Study Lorain County, Ohio and Incorporated Areas and Flood Insurance Rate Map Lorain County, Ohio and Incorporated Areas both effective August 19, 2008.
(2) 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.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the Village of South Amherst as required by Section 1309.04(c), Subdivisions and Large Scale 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 Town Hall, 103 West Main Street, South Amherst, Ohio 44001.
(g) Abrogation and Greater Restrictions. 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 shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) 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.
(i) Warning and Disclaimer of Liability. 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 Village of South Amherst, 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.
(j) Severability. 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. 1600-18. Passed 11-12-18.)
1309.02 DEFINITIONS.
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.
(a) Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal: A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.
(c) 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 1% chance annual flood or one-hundred (100) year flood.
(d) 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 natural grade elevation plus the depth number (from 1 to 3 feet).
(e) Basement: Any area of the building having its floor subgrade (below ground level) on all sides.
(f) 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.
(g) Enclosure Below the Lowest Floor: See "Lowest Floor."
(h) 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.
(i) Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill: A deposit of earth material placed by artificial means.
(k) 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.
(l) 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.
(m) 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.
(n) 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; base flood elevations are not determined.
Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
ZoneAO: Special flood hazard areas inundated by the 100-year flood; with flood depths of I to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
ZoneAH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 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 1 foot or with contributing drainage area less than 1 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.
(o) 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.
(p) Flood Protection Elevation: The Flood Protection Elevation, or FPE, is the base flood elevation. 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.
(q) 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.
(r) 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.
(s) 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;
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office; or
(4) Individually listed on the inventory of historic places maintained by the Village of South Amherst's historic preservation program, which program is certified by the Ohio Historic Preservation Office.
(t) 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.
(u) 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 Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
(1) 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.
(2) 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.
(3) Conditional Letter of Map Revision (CLOMR): A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(v) 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.
(w) 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 Chapter 3733 of the Ohio Revised Code.
(x) Manufactured Home Park: As specified in the Ohio Administrative Code 3701-27-01, 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 roadway, 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.
(y) 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.
(z) New Construction: Structures for which the "start of construction" commenced on or after the initial effective date of the Village of South Amherst Flood Insurance Rate Map, May 1, 1980, and includes any subsequent improvements to such structures.
(aa) 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 Ohio Revised Code Section 111.15 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.
(bb) Recreational Vehicle: A vehicle which is (1) built on a single chassis, (2) 400 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.
(cc) Registered Professional Architect: A person registered to engage in the practice of architecture under the provisions of Sections 4703.01 to 4703.19 of the Revised Code.
(dd) Registered Professional Engineer: A person registered as a professional engineer under Chapter 4733 of the Revised Code.
(ee) Registered Professional Surveyor: A person registered as a professional surveyor under Chapter 4733 of the Revised Code.
(ff) 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, AI-30, and 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.
(gg) 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.
(hh) Structure: A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(jj) 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 improvement to a structure that is considered "new construction,"
(2) 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 prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
(kk) Variance: A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(ll) Violation: The failure of a structure or other development to be fully compliant with these regulations. (Ord. 1600-18. Passed 11-12-18.)
1309.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Village Engineer is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) 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.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) 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, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) 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.
(c) Floodplain Development Permits. 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 1309.01(f), 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.
(d) Application Required. 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:
(1) 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.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) 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:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1309.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1309.04(d)(5) are designed to automatically equalize hydrostatic flood forces.
C. 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 1309.04(i)(3).
D. 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 1309.04(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1309.04(i)(1).
F. Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1309.04(c).
G. Volumetric calculations demonstrating compensatory storage have been provided as required by Section 1309.04(i)(4).
(6) A floodplain development permit application fee set by the schedule of fees adopted by the Village of South Amherst.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. 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 subsection (d) hereof has been received by the Floodplain Administrator.
B. 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.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) 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 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.
(2) For all development activities subject to the standards of subsection (j)(1) hereof, a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. 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 1309.05 of these regulations.
(i) Exemption from Filing a Development Permit.
(1) An application for a floodplain development permit shall not be required for:
A. Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
B. Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
C. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
D. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
E. Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
(2) Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of South Amherst flood maps, studies and other data identified in Section 1309.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
A. 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:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. 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;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1309.04(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with subsection (j)(1) hereof, 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.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. 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 subsection (j)(1)A.
(2) 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 flood way delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the Village of South Amherst, and may be submitted at any time.
(3) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of South Amherst 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 Village of South Amherst's Flood Insurance Rate Map accurately represent the Village of South Amherst boundaries, include within such notification a copy of a map of the Village of South Amherst suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of South Amherst has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) 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.
(2) 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.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(4) 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 1309.05, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations.
(1) 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. Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
(2) 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. 1600-18. Passed 11-12-18.)
1309.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Village of South Amherst are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
C. New construction of any residential or nonresidential structures in floodway areas.
D. Storage or processing of hazardous, flammable, or explosive materials in special flood hazard areas.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) 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 major (platted) subdivision proposals, and other proposed developments at least 5 acres in size.
(5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1309.03(j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection (c)(4) hereof.
(6) All preliminary plans for platted subdivisions shall identify the flood hazard area and the elevation of the base flood.
(7) All final subdivision plats shall provide the boundary of the special flood hazard area, the floodway boundary, and base flood elevations.
(8) In platted subdivisions, all proposed lots or parcels that will be future building sites shall have a minimum buildable area outside the natural (non-filled) 1 % chance annual floodplain. The buildable area shall be large enough to accommodate any primary structure and associated structures such as sheds, barns, swimming pools, detached garages, on-site sewage disposal systems, and water supply wells, if applicable.
(9) Approval shall not be given for streets within a subdivision, which would be subject to flooding. All street surfaces must be located at or above the base flood elevation.
(d) Residential Structures.
(1) 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 and construction materials resistant to flood damage are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) 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.
(4) 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. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(5) 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 sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. 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
C. 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.
(6) 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.
(7) 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 subsection (d) hereof.
(8) Each new residential site shall have direct access to a walkway, driveway, or roadway whose surface elevation is not less than the flood protection elevation and such escape route shall lead directly out of the floodplain area.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1) - (3) and (5) - (7).
(2) 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:
A. 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;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. 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 subsection (e)(2)A. and B.
(3) Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(4) Each new nonresidential site shall have direct access to a walkway, driveway, or roadway whose surface elevation is not less than the flood protection elevation and such escape route shall lead directly out of the floodplain area.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of subsection (d)(5)C.;
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of subsection (d) hereof.
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. 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:
(1) Development in floodways.
A. 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
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. 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
5. Concurrence of the Mayor of Village of South Amherst and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in riverine areas with base flood elevations but no floodways. A. 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 1.0 (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,
B. 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:
1. 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;
2. Subsection (i)(1)B., items 1. and 3. - 5.
(3) 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:
A. 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.
B. 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.
C. 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 Village of South Amherst specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1309.03(j)(1)A.5. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(4) Compensatory storage required for fill. Fill within the area of special flood hazard shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage because of filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site.
(Ord. 1600-18. Passed 11-12-18.)
1309.05 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The Village of South Amherst Zoning Board of Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by Village Code.
(2) Records of the Appeals Board shall be kept and filed in the Town Hall, 103 West Main Street, South Amherst, Ohio 44001.
(b) Powers and Duties.
(1) 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.
(2) Authorize variances in accordance with subsection (d) hereof.
(c) Appeals.
(1) 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 10 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 Floodplain Administrator's decision was made to the Appeals Board.
(2) 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.
(d) Variances. 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.
(1) Application for a variance.
A. 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.
B. 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.
C. All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the Village of South Amherst.
(2) Public hearing.
A. 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.
B. 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.
C. 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.
(3) Other conditions for variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. 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 subsection (d)(2)A. 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.
C. 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.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) 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.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) 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.
(8) 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.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Lorain County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 1600-18. Passed 11-12-18.)
1309.06 ENFORCEMENT.
(a) Compliance Required.
(1) 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 1309.03(i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.
(3) 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 applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection (c) hereof.
(b) Notice of Violation. 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 therefor and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) 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;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) 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.
(c) Violations and Penalties. 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 second 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 Village of South Amherst. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of South Amherst from taking such other lawful action as is necessary to prevent or remedy any violation. The Village of South Amherst shall prosecute any violation of these regulations in accordance with the penalties stated herein. (Ord. 1600-18. Passed 11-12-18.)
1317.01 POSTING REQUIRED.
All owners and lessors and lessees shall forthwith post in a conspicuous place on the front of their buildings, or upon the roadside mail boxes, the street numbers assigned to their buildings. In the case of cluster mail boxes, said numbers shall be posted in the manner stated above upon the front of the building. Said letters shall be not less than three inches in size on the house and not less than one inch on mail box by the road.
(Ord. 1600-18. Passed 11-12-18.)
1317.99 PENALTY.
Whoever violates Section 1317.01 shall be fined not more than one hundred and fifty dollars ($150.00).
(Ord. 1600-18. Passed 11-12-18.)
1319.01 DANGEROUS BUILDINGS DEFINED.
All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
(a) Those whose interior walls or other vertical structural members, list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(b) Those which, exclusive of the foundation, show of damage or deterioration of the supporting member or members, or of damage or deterioration of the nonsupporting enclosing or outside walls or covering, rendering the building or structure in danger of collapsing.
(c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(d) Those which are an immediate fire hazard, or have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village.
(e) Those which have become or are so dilapidated, decayed, unsafe, insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
(f) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
(g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
(h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(i) Those which, because of their condition are unsafe, insanitary, or dangerous to the health, morals, safety or general welfare of the people of the Village.
(j) Those buildings existing in violation of any provision of the Building Code or any provision of the Fire Prevention Code or other ordinances of this Village.
(Ord. 1600-18. Passed 11-12-18.)
1319.02 STANDARDS FOR REPAIR, VACATION OR DEMOLITION OR BARRICADING.
The following standards shall be followed in substance by the Mayor in ordering repair, vacation or demolition:
(a) If the dangerous building can reasonably be barricaded so that it will no longer exist in violation of the terms within Section 1319.01, it shall be ordered barricaded.
(b) If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
(c) If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of the occupants, it shall be ordered to be vacated.
(d) In any case where a dangerous building is fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of the Village or statute of the State, it shall be demolished. (Ord. 1600-18. Passed 11-12-18.)
1319.03 DANGEROUS BUILDINGS; NUISANCES.
As used in this chapter, all dangerous buildings within the terms of Section 1319.01 are hereby declared and shall be deemed to be public nuisances by reason of the condition in which the same are permitted to be or remain and which shall or may endanger the health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more persons in the Village, in any one or more of the following particulars:
(a) By reason of being a nuisance to the general health of the community.
(b) By reason of being a fire hazard.
(c) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises.
(d) By reason of being a nuisance because of long, continued vacancy, lack of reasonable or adequate maintenance of structure and/or premises adjacent thereto, thereby depreciating the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure is situated. (Ord. 1600-18. Passed 11-12-18.)
1319.04 DETERMINATION OF UNSAFE AND/OR PUBLIC NUISANCE INSPECTOR/STARDARDS FOR REPAIR, VACATION OR DEMOLITION OR BARRICADING.
Whenever the Mayor, has reason to believe the existence of a dangerous building or public nuisance, the Mayor will instruct the Fire Chief, and Building Inspector to inspect said building or structure may request that the Health Department inspect said building or structure. Written reports of such inspections and photographs of such building or structure shall be filed with the Mayor and Building Department.
(a) The Mayor shall in writing, as provided in this Chapter, notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure, as shown by the records of Lorain County as to findings that a building is a dangerous building or public nuisance, within the standards set forth in Sections 1319.01, 1319.02 and 1319.03. The Mayor, or the designee of the Mayor shall issue appropriate orders that:
(1) The owner must vacate, barricade, repair or demolish such building in accordance with the terms of the notice and this chapter;
(2) The occupant or lessee must vacate such building or may have it repaired in accordance with the notice and remain in possession;
(3) The mortgagee, agent or other person having an interest in such building as shown by the land records of Lorain County may at his own risk repair, vacate or demolish such building or have such work or act done.
(4) Any person notified under this subsection to repair, barricade, vacate or demolish any building shall be given such reasonable time, not exceeding thirty days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(b) Set forth in the notice provided herein a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty days, as is reasonable.
(c) Place a notice on all dangerous buildings reading as follows:
"This building has been found to be a dangerous building by the Mayor. This notice is to remain on this building until it is repaired, barricaded, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in such building as shown by the land records of Lorain County. It is unlawful to remove this notice until such notice is complied with."
(d) In the case where the Mayor provides notice to barricade the building, the owner must provide and place on such building, at his expense, barricades on all doors, windows and openings on such building so that there exists no ingress into the building by any member of the public. Further the owner shall post in conspicuous places that such building is closed and shall post "No Trespassing" signs.
(Ord. 1600-18. Passed 11-12-18.)
1319.05 APPEALS; RESIDENTIAL BOARD OF ZONING APPEALS.
The owner may, within ten days after completion of service of notice, make a request in writing to the Building Department for a hearing on the question of whether in fact a public nuisance exists or the finding and order. The hearing shall be held within ten business days following receipt of such written demand, and at least two days notice in writing of such hearing shall be given to such owner. The hearing shall be conducted by the Residential Board of Appeals. The Board may grant the appeal, in whole or part, modify or affirm the findings and orders of the Mayor. A copy of the decision of such Board shall be promptly served upon the appellant. The Owner shall have the right file an action or appeal to a court of competent jurisdiction from the decision of the Board, as provide in the Ohio Revised Code for appeal of administrative orders.
(Ord. 1600-18. Passed 11-12-18.)
1319.06 EMERGENCY CASES.
(a) Whenever complaint is made to the Mayor of the existence of a dangerous building or a public nuisance, as defined in this Chapter, in the Village, and after inspection(s) as required in this Chapter, the Mayor finds that a dangerous building deemed to be a public nuisance does exist and that the public health, safety or welfare is in immediate danger, the Mayor shall promptly notify the Health Department, Building Inspector, and the Fire Chief who shall have cause to inspect the premises on which it is alleged such public nuisance exists, if they have not already done so. Written reports of the inspection and the findings, with respect to the existence of a public nuisance, as defined in this Chapter, and any immediate danger to the public health, safety and welfare, shall be filed with the Mayor and Building Department.
(b) The Mayor shall determine the person, firm or corporation having an interest in the aforesaid property and shall immediately cause a written notice to be issued as defined in this Chapter, and shall further state that unless the owners or parties in interest thereof shall cause the abatement of the public nuisance within five days after service of the notice, the same will be abated by the Village, at the expense of the owners or parties in interest in the same manner as provided in this Chapter. Any act, inspection or finding required to be carried out by any such public official under this chapter may be carried out by any of his subordinates, assigned or directed by him to carry out such function.
(c) This provision shall be subject to this Chapter which provides for a hearing and an action or appeal to a court of competent jurisdiction from the decision of the Board of Appeal.
(Ord. 1600-18. Passed 11-12-18.)
1319.07 MANNER OF GIVING NOTICE.
(a) Notices provided by the Chapter shall such notice shall be personally served upon the owner, tenant or person in charge of the premises. If unable to serve personally, such notice shall be posted in a conspicuous place in or about the premises affected by the notice and such notice shall be mailed to the person who did not receive personal service by certified U.S. Mail, return receipt requested, and regular U.S. Mail, evidenced by certificate of mailing, to his/her last known address. Such service shall be deemed received three days after posting or three days after mailing whichever is later. Service of such notice in the foregoing manner upon the owner's agent or upon the person in charge of the premises shall constitute service of notice upon the owner. If the certified mail service or the regular mail service is returned marked, 'Unknown", or "Addressee Not at this Address, The Mayor shall cause such notice to be published once a week for three consecutive in a newspaper of general circulation in the Village .Service by publication shall be deemed completed 10 days after publication.
(b) Notices as required by this chapter to be served upon mortgagee, agent and all other persons having an interest in such building or structure, as shown by the records of Lorain County may be personally served; otherwise, served by certified and regular mail and by publication as herein provided.
(c) Notices for an appeals to the Residential Board of Appeals shall be sent by regular mail to the last known address of the appellant.
(d) All notices served by personal service, mail as herein provided or publication shall set out the right to appeal as herein provided.
(Ord. 1600-18. Passed 11-12-18.)
1319.08 ADMINISTRATIVE LIABILITY.
No officer, agent or employee of the Village shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Director of Law until the final determination of the proceedings therein. (Ord. 1600-18. Passed 11-12-18.)
1319.09 SEPARABILITY.
It is the intention of Council that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention of Council that if any provision of this chapter be declared invalid, all other provisions hereof shall remain valid and enforceable. (Ord. 1600-18. Passed 11-12-18.)
1319.10 NONCOMPLIANCE; REMEDY OF VILLAGE.
(a) If a dangerous building or a public nuisance is not abated within the period set forth in the notice and as required by this Chapter or within the period set forth in the building permit issued by the Mayor, or within such additional time as the Residential Board of Appeals may grant, the Building Inspector shall be authorized, at any time thereafter, to enter upon such premises and abate the dangerous building and/or public nuisance by demolition and removal of the building or structure or by taking any such action as may be required. No owner, occupant or tenant, shall refuse entry for inspections ordered under this Chapter.
(b) In abating such dangerous building or public nuisance, the Mayor may call upon any department, division or bureau of the Village for whatever assistance may be necessary or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from funds specifically authorized by Council in order to abate such dangerous buildings and/or nuisances.
(c) In abating such unsafe building or public nuisance, the Mayor may go to whatever extent necessary to complete the abatement of the same, all costs of the abatement as provided by this Chapter, including, but not limited to inspection fees, repairs, expenses for barricading and demolition, shall be recovered from the Owner, and shall be a charge and lien against the premises that the dangerous building public nuisance is upon, by the following procedure:
(1) The Owner shall be billed directly by certified mail for the cost of the abatement; the bill for the cost of the abatement shall be paid within 30 days after receipt of the bill.
(2) If costs are not recovered, then the Village shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with Ohio Revised Code 715.261. The cost of the abatement shall be certified by the Village Clerk/Treasurer to the Lorain County Auditor, and the cost shall be a lien upon the property and shall be collected as other taxes.
(Ord. 1600-18. Passed 11-12-18.)
1319.11 NOTIFICATION OF UTILITIES; TERMINATION OF UTILITIES.
Before a building can be demolished or removed, the owner shall notify all utilities having service connections within the building. A permit to demolish or remove a building shall not be issued until a release is obtained from the utilities stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
If the owner fails to comply with this provision of this Chapter; the Mayor shall notify the utilities to terminate services and direct that such utility service be removed, sealed, plugged in a safe manner. All expenses incurred by the Village for removal, sealing or plugging of utilities the Village shall be reimbursed as provided in Section 1319.10.
(Ord. 1600-18. Passed 11-12-18.)
1319.99 PENALTY.
(a) The owner of any dangerous building who shall fail to comply with any notice or order to repair, barricade, vacate or demolish such building given by any person authorized by this chapter to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $150.00 for each offense; each day that such violation exists shall be a separate offense.
(b) The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair or barricade such building, as the case may be, in accordance with any notice given as provided for in this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $150.00 for each offense, and a further sum of ten dollars ($10.00) for each and every day such failure to comply continues beyond the date fixed for compliance.
(c) Any person removing the notice provided for in Chapter 1319 shall be guilty of a misdemeanor and upon conviction, shall be fined not more than $150.00 for each offense.
(Ord. 1600-18. Passed 11-12-18.)
1321.01 DEFINITIONS.
As used in this chapter, any permanent or portable swimming pool with an area of less than one hundred (100) square feet and holding twenty-four (24) inches of water or less shall not require a permit.
(Ord. 1812-24. Passed 10-7-24.)
1321.02 PERMIT REQUIRED.
(b) There shall be filed in duplicate with the Building and Zoning Inspectors a detailed site plan of the property showing existing structures, property lines, location of the proposed swimming pool, detailed specifications of the swimming pool.
(c) Permit(s) will be issued after approval from both the Building and Zoning Inspectors. (Ord. 1812-24. Passed 10-7-24.)
1321.03 FEES.
1321.04 RESERVED.
1321.05 INSPECTIONS.
The Building Inspector shall have the right, at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this chapter are fulfilled and complied with. Prior to use, a final inspection and approval must be had from the Building Inspector. (Ord. 1812-24. Passed 10-7-24.)
1321.99 PENALTY.
Whoever violates this chapter shall be fined not more than one hundred fifty dollars ($150.00) for each offense and each day on which a violation continues shall constitute a separate offense.
(Ord. 1812-24. Passed 10-7-24.)
1325.01 APPLICATION FOR MOVING.
Whoever wishes to move a building upon, along or across any public street, alley or public ground shall file an application with the Mayor for permission to do so. The application shall designate the route to be taken, the size and type of building, masonry, frame or metal, the date such building is to be moved and the approximate time enroute and any other information requested by the Director.
(Ord. 1600-18. Passed 11-12-18.)
1325.02 BOND FOR MOVING.
The owner or mover, or both, shall be held responsible and shall execute and deliver to the Village a proper bond approved by the Mayor in an amount as will indemnify and save harmless the Village from all damages whatsoever, personal or property, resulting from such moving. The amount of the bond shall be fixed by the Mayor.
(Ord. 1600-18. Passed 11-12-18.)
1325.03 PERMIT REQUIRED FOR MOVING.
Upon certification by the Mayor that the proper bond or deposit has been posted, as required in Section 1325.02 and that all other requirements stipulated therein have been complied with, the owner or mover shall then obtain a permit from the Building Department.
The permit for moving shall not constitute a building permit for the purpose of placing a building on the new site.
(Ord. 1600-18. Passed 11-12-18.)
1325.04 APPLICATION FOR MOVING PERMIT.
Any person desiring to move a building shall first file with the Building Department a written application setting forth the following information:
(a) The type and kind of building to be moved;
(b) The approximate original cost of such building;
(c) The extreme dimensions of the length, height and width of the building;
(d) The location to be moved from, proposed new location, lot number and street number; and
(e) The approximate time such building will be upon the streets and the contemplated route that will be taken from the present to the new location.
(Ord. 1600-18. Passed 11-12-18.)
1325.05 REFUSAL OF MOVING PERMIT.
(a) If, in the opinion of the Building Inspector, the moving of any building will cause serious injury to persons or property or serious injury to the streets or other public improvements, or the building to be moved has deteriorated more than fifty percent and thereby is unfit for habitation due to fire or other elements, or the moving of the building will violate any of the requirements of the Building Code or of the Planning and Zoning Code of the Village, the permit shall not be issued and the building shall not be moved over the streets of the Village.
(b) Any building being moved for which a permit was granted shall not be allowed to remain in or on the streets for more than forty-eight hours. If circumstances necessitate a building occupying the streets for more than forty-eight hours, an additional fee of one dollar ($1.00) per hour shall be required. (Ord. 1600-18. Passed 11-12-18.)
1325.06 APPLICATION FOR DEMOLITION; BOND.
Any person wishing to remove, raze or demolish any building or structure in the Village shall make application in writing to the Mayor or his designated agent for permission to do so and shall include in the application a statement stating the place at which any combustible waste material shall be deposited. No permit shall be granted until notice of the application thereof has been given to the owners of lots adjoining the lot upon which such building or structure is to be removed, razed or demolished and the owners have been given an opportunity to be heard on such application. The applicant shall execute and deliver to the Village a proper bond in an amount as will indemnify and save harmless the Village from all damages whatsoever, personal or property, resulting from such removing, razing or demolishing. If the combustible waste materials are to be deposited within the Village limits, the person making such application shall first acquire a permit from the Fire Chief for the disposition of the combustible waste materials.
(Ord. 1600-18. Passed 11-12-18.)
1325.07 DEMOLITION PERMIT ISSUANCE.
Upon certification by the owner or his agent that the requirements of Section 1325.06 have been complied with and proper bond posted with the Mayor, a permit for demolition shall be issued by the Building Department and fees paid as required in Section 109.13 of the Administrative Code, except that no fee shall be required for demolition of a building not more than one story in height and not more than 400 square feet in area.
(Ord. 1600-18. Passed 11-12-18.)
1325.08 APPLICATION FOR DEMOLITION PERMIT.
A completed application that includes the signature of the South Amherst Fire Chief, 4 (four) utility shut off letters and permit fee according to Section 1305.02 must be filed prior to approval with the building department.
(Ord. 1600-18. Passed 11-12-18.)
1325.09 CONDITIONS REQUIRED DURING DEMOLITION.
(a) The area shall be kept dust-free using covered shutes, etc., in disposing and hauling away of debris;
(b) The area shall be cleaned of debris periodically to prevent accumulation causing hazardous and unhealthful conditions;
(c) Working conditions and equipment for laborers shall be in accordance with the laws of the State governing demolition of buildings;
(d) Adequate protective measures shall be provided during demolition;
(e) All storm and sanitary laterals shall be plugged prior to the demolition of the building. These connections must be plugged in the Village right of way unless approval is obtained from the Mayor’s office. All plugged connections must be inspected and approved by the Mayor’s office, prior to the demolition of the building.
(f) Any abandonment of water service ines shall comply with applicable statutes, rules and regulations, including, the Rules, Regulation and Policies of Elyria Public Utilities. For this subsection (f), the Code Enforcement Officer is authorized to impose a stop order when, in their opinion, there exists a hazard to the Village’s water distribution system. Work shall not resume until the Code Enforcement Officer withdraws the stop work order.
The Code Enforcement Officer is authorized to impose a stop work order when, in their opinion, the requirements of this section are not being complied with. Work shall not be resumed until the Code Enforcement Officer withdraws the stop work order. (Ord. 1600-18. Passed 11-12-18.)
1325.10 TIME TO COMPLETE DEMOLITION.
(a) Demolition work shall be completed within thirty days from the date of the commencement except that in the case of unusual conditions prohibiting completion, the Code Enforcement Officer may allow an additional thirty days for the work to be completed.
(b) Cleaning up of premises shall be accomplished within the time allotted for the work to be done.
(Ord. 1600-18. Passed 11-12-18.)
1325.11 AUTHORITY OF CODE ENFORCEMENT OFFICER.
The decision of the Code Enforcement Officer shall be final in cases of emergency which, in his opinion, involve hazards to life, limb and to the general welfare of the residents of the Village. (Ord. 1600-18. Passed 11-12-18.)
1325.12 BARRICADES; WARNING LIGHTS.
It shall be the duty of the owner or the moving or wrecking contractor or building contractor to erect sufficient barricades and warning lights to effectively warn the public of the existing danger. Walks with guardrails, if necessary, shall be provided for the safety and use of the public. No advertising of any description, billposting or signs shall be allowed on any barricade other than the warning or directional signs. This section shall apply to building construction as well as to wrecking and moving of buildings.
(Ord. 1600-18. Passed 11-12-18.)
1325.13 REMOVAL OF FIRE DAMAGED STRUCTURES; REPAIR SECURING FUND.
The Village is hereby authorized to utilize the procedure described in Ohio R.C. 3929.86(C) and (D), whereby no insurance company doing business in the State shall pay a claim of a named insured for fire damage to a structure located within the Village where the amount recoverable for the fire loss to the structure under all policies exceeds five thousand dollars ($5,000), unless there is compliance with the following procedures:
(a) When the loss agreed to between the named insured or insureds and the company or companies equals or exceeds sixty percent of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies shall, in accordance with Ohio R.C. 715.26(F), transfer from the insurance proceeds to the Fire Chief, in the aggregate, two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000), and each fraction of that amount, of a claim. Alternatively 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 removing, repairing or securing the building or other structure, the insurance company or companies shall transfer from the insurance proceeds the amount specified in the estimate. Such transfer of proceeds shall be on a pro-rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the Village shall be disbursed in accordance with the policy terms.
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 designated officer shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided the Village has not begun to remove, repair or secure the building or other structure.
(b) Upon receipt of the proceeds by the Village, as authorized by this section, the Chief 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 Village pursuant to Ohio R.C. 715.261.
When transferring the funds as required in this section, an insurance company shall provide the Village with the name and address of the named insured or insureds, whereupon the Village shall contact the named insured or insureds, certify that the proceeds have been received by the Village and notify them that the following procedures will be followed. The fund shall be returned to the named insured or insureds when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer, if the Village has not incurred any costs for such repairs, removal or securing. If the Village 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 Village shall transfer the remaining funds to the named insured or insureds.
Nothing in this section shall be construed to limit the ability of the Village to recover any deficiency under Ohio R.C. 715.261. Nothing in this section shall be construed to prohibit the Village 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.
(c) The Fire Chief and the Code Enforcement Officer is hereby designated as officers authorized to carry out the duties of this section.
(Ord. 1600-18. Passed 11-12-18.)
1325.99 PENALTY.
1331.01 GRADING AND DRAINAGE PERMIT REQUIRED.
(a) A grading and drainage permit shall be required if any of the following apply:
(1) When any change in grade of installation of drainage improvements are made on any parcel of property;
(2) When any drainage pattern is changed or modified, altering or modifying discharge points and/or altering or shaping slopes to alter, change or modify flow of water or sheet flow discharge of water onto adjoining properties or onto public or private rights of way or easements or the property on which any of such alterations, changing or modification is being done.
(b) Such grading permit shall remain in effect for 120 days unless sooner revoked. Grading permits shall not be required if the grading is provided for pursuant to a subdivider’s agreement and bond or is covered by site work included in a building permit application, which site plan grading has been approved by the Mayor, or his/her designee.
(Ord. 1600-18. Passed 11-12-18.)
1331.02 PERMIT APPLICATION; FEE; INSPECTION; REVOCATION.
(a) Any person desiring to make a grade change shall present to the Mayor, or the designee of the Mayor, a written application and sketch drawn to an acceptable scale with a north arrow, which shall include the following information:
(1) The fee owner of the property;
(2) All property lines and adjoining owners;
(3) All easements of record;
(4) All topographic features, buildings, landscaping, trees and drives, underground utilities and pipes, streams and wetlands;
(5) Existing and proposed drainage, including storm drains;
(6) A grading plan and survey by a registered land surveyor or P.E., if required by the Mayor, or the designee of the Mayor;
(7) A statement of the intended use of the property; and
(8) Type of soil.
(b) The following materials may be brought upon the property:
(1) Natural soils, minerals, gravel and sand.
(c) Before approval of a permit by the Mayor, or the designee of the Mayor, the person seeking the permit shall demonstrate all of the following:
(1) The existing zoning is compatible with the intended use.
(2) The site will drain properly without ponding or puddling and will not retain water, unless designed as a pond or storm water retention basin.
(3) There is a minimum ditch grade of 0.10 feet in 100 feet.
(4) There is a minimum swale grade of 0.50 feet in 100 feet.
(5) There is a minimum surface slope of 1.0 feet per 100 feet, except for future building sites, which may be graded flat.
(6) Pipes used for storm water flow shall be sized and constructed in accordance with accepted engineering practices as approved by the Village Engineer.
(7) Sediment and erosion control shall be installed prior to the work and shall be removed upon stabilization of the upstream watershed.
(8) Top soil and seeding shall be placed as soon as practical.
(9) After construction, the sketch or plan shall be updated to reflect as-built conditions and shall be re-submitted prior to acceptance of the work.
(10) The permit shall be issued by the Mayor, or the designee of the Mayor.
(d) The Mayor, or his designated representative, shall be permitted to make on-site inspections of the property at any time during the life of the permit. Failure to permit such an inspection shall constitute cause for automatic revocation of the permit.
(e) The fee for a grading permit shall be two hundred fifty dollars ($250.00) per acre, with a one hundred dollars ($100.00) minimum fee.
(f) The grading permit shall be revoked immediately if the owner of the property fails to comply with any conditions or provisions of the grading permit, or for any violation of the Building Code or the Zoning Code of the Village, or of Ohio EPA regulations for land disturbing activities.
(g) If a permit is ordered to be revoked, all work pursuant to that permit shall cease. The revocation may be appealed to Village Council if a notice of appeal of the revocation is filed with the Village Clerk within fifteen days of notice of revocation. Such hearing shall be held at the next regular scheduled Council meeting.
(Ord. 1600-18. Passed 11-12-18.)
1331.03 WATER ACCUMULATIONS PROHIBITED; CORRECTION REQUIRED.
No person shall permit any parcel of real property to accumulate or discharge water so as to be detrimental to the public health, safety or welfare of the people and property of the Village, and such person, upon order of the Mayor, or the designee of the Mayor, shall fill or provide drainage for any such parcel so as to eliminate such condition consistent with the terms of this chapter.
(Ord. 1600-18. Passed 11-12-18.)
1331.04 DESIGNEE OF MAYOR.
The designee of the Mayor for purposes of enforcement of this Chapter 1331 of the Codified Ordinances of the Village of South Amherst shall be a licensed professional engineer (P.E.).
(Ord. 1600-18. Passed 11-12-18.)
1331.99 PENALTY.
Whoever violates any of the provisions of this Chapter shall be fined not more than one hundred fifty dollars ($150.00). Each day a violation exists shall constitute a separate offense.
(Ord. 1600-18. Passed 11-12-18.)
1335.01 PURPOSE.
(a) The intent of this chapter is to comply with the standards set forth in the Ohio EPA General Storm Water NPDES Permit for Construction Activities #OHC000005 and its successors by establishing standards to reduce pollutants in storm water runoff to the Municipal Separate Storm Sewer System (MS4) of the Village of South Amherst.
(b) This Regulation will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development, redevelopment, grading, or clearing activities.
(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1335.01.
(d) This regulation requires owners who develop or re-develop their property within the Village of South Amherst to:
(1) Comply with the current version and future revisions of Lorain County's Comprehensive Storm Water Management and Sediment and Erosion Regulations.
(2) Implement appropriate erosion and sediment control Best Management Practices (BMPs).
(3) Control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site.
(4) Minimize soil erosion, sedimentation and the volume and rate of storm water runoff from their sites.
(5) Assure that storm water management is incorporated into site planning and design at the earliest possible stage and that all storm water management practices are properly engineered, constructed, and maintained.
(6) Prevent unnecessary removal of vegetation and loss of soil, and to promptly re-vegetate and stabilize the site following land-disturbing activities.
(7) Encourage the construction of storm water management practices that serve purposes such as flood control, erosion control, water quality protection, recreation, and natural habitat preservation.
(8) To achieve a level of soil erosion and storm water management that will minimize and abate degradation of land and water resources and damage to public and private property resulting from land-disturbing activities involving one acre or more.
(e) This chapter is not intended to relieve persons, landowners, construction site operators, applicants, or developers from obtaining appropriate Ohio EPA NPDES Storm Water Permits, Ohio EPA 401 Water Quality Permits, U.S. Army Corps of Engineers 404 Wetlands Permits and the like. Copies of these permits shall be delivered to Village of South Amherst designee and the Lorain County Storm Water District prior to the commencement of construction or land-disturbing activities.
(Ord. 1787-23. Passed 11-13-23.)
1335.02 SCOPE.
(a) Storm Water Pollution Prevention Plan (SWPPP) & Comprehensive Stormwater Management Plan (CSWMP). Any person or persons proposing construction activities that will disturb one acre or more, or less than one acre if part of a larger common plan of development or sale disturbing more than one acre of land for residential, institutional, commercial, office and industrial purposes, public infrastructure uses (including transportation and utilities), including all land development proposals for non-agricultural uses within the Village of South Amherst shall design, develop, and submit a SWPPP as described in Section 1335.07. Administrator along with a CSWMP prepared in accordance with Section 1335.08.
(c) This Ordinance does not apply to:
(1) Land-disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-309 of the Ohio Administrative Code)
(2) Existing strip-mining operations regulated by Chapter 1513 of the Ohio Revised Code.
(3) Existing surface mining operations regulated by Chapter 1514 of the Ohio Revised Code.
(Ord. 1724-22. Passed 3-28-22.)
1335.03 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this chapter is in conflict with other provisions of law, ordinance, contract or deed, or requirements in the Construction General Permit, the most restrictive provisions of this ordinance, as determined by the Administrator, shall prevail.
(b) If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(c) These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on his property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
(d) Failure of the Village of South Amherst and/or the Administrator to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom and shall not result in the Village of South Amherst, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 1724-22. Passed 3-28-22.)
1335.04 EFFECTIVE DATE.
This chapter and its regulations shall become effective upon its passage.
(Ord. 1724-22. Passed 3-28-22.)
1335.05 DEFINITIONS.
All words used in this chapter shall have their customary meanings, and as defined in Rainwater and Land Development, except those specifically defined in this Section.
(a) Acre: A measurement of area equaling 43,560 square feet.
(b) Administrator: The person or entity having the responsibility and duty to administering and ensuring compliance with SWP3 and CSWMP. The Administrator shall be appointed by the Village of South Amherst and Lorain County Storm Water District (LCSWD).
(c) Best Management Practices: (BMP's) schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of Waters of the United States. BMP's also include treatment requirements, operating procedures, and practices to control plant and/or construction site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(d) Buffer: A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited.
(e) Construction General Permit: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).
(f) County: Lorain County
(g) Critical Storm: A storm which is calculated by means of the percentage increase in volume runoff by a proposed land-disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.
(h) Cut: an excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade.
(i) Detention basin: An impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing storm water.
(j) Detention facility: A detention basin or alternate structure designed to temporarily store storm water runoff and gradually release the stored water at a controlled rate.
(k) Development: A group of dwellings, industrial or commercial buildings, usually constructed as part of a single project.
(l) Development Area: any area upon which land-disturbing activities are planned or underway for a development.
(m) Land-Disturbing Activity: any grading, excavation, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(n) LCSWD: Lorain County Storm Water District
(o) Federal Emergency Management Agency (FEMA): the agency with the responsibility for administering the National Flood Insurance Program.
(p) Fill: any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(q) Grubbing and clearing: machine clearing of vegetation. Usually performed as the first step in the development of land.
(r) Non-structural controls: storm water runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
(s) NPDES: National Pollutant Discharge Elimination System.
(t) Parcel: any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.
(u) Peak Rate of Runoff - the maximum rate of runoff for any storm of a given frequency and duration.
(v) Pre-Development Conditions: site conditions as they existed as of June 30, 2007.
(w) Riparian: Relating to the banks of a natural course of water.
(x) SABPA: South Amherst Board of Public Affairs
(y) Sediment Basin: a barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
(z) Silviculture: A branch of forestry dealing with the development and care of forests.
(aa) Stop-Work order: An order issued which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWM Plan or Site Development Plan.
(bb) Comprehensive Storm Water Management Plan (CSWMP): The written document which meets the requirements of this Ordinance, sets forth the plans and practices to be used to minimize storm water runoff from a site, and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate which minimizes flooding and erosion.
(cc) Storm Water Pollution Prevention Plan (SWPPP): The document required by the Ohio EPA for compliance with its NPDES Construction Activity General Permit. The written document or set of plans which meet the requirements of this Ordinance that provide information regarding the location of the area proposed for development, the site in relation to its general surroundings, and the existing characteristics of the site, including limits of land-disturbing activities.
(dd) Storm Frequency: the average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(ee) Structural controls: any man-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
(ff) Swale: a low-lying length of vegetated land with a "V" - shaped cross-section which collects and carries surface water.
(gg) Temporary vegetation: short-term vegetated cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
(hh) Watercourse: any natural or artificial surface waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by overflow of flood water.
(Ord. 1787-23. Passed 11-13-23.)
1335.06 PERFORMANCE STANDARDS.
(a) Meet the minimum performance standards of the current Ohio EPA Construction General Permit and its successors.
(b) Meet the minimum performance standards of the current version and future revisions of the Lorain County Sediment and Erosion Control Regulation and Lorain County Comprehensive Storm Water Management Regulation.
(Ord. 1724-22. Passed 3-28-22.)
1335.07 SITE DEVELOPMENT PLAN.
(a) Any person seeking approval of residential, industrial, commercial, office and industrial purposes, including land development proposals for non-agricultural uses and public infrastructure uses, shall develop and submit to the Administrator for review and approval. A Storm Water Pollution Prevention Plan prepared and sealed by a Professional Engineer licensed to practice in the State of Ohio as detailed below.
(b) SWPPPs must meet the minimum requirements of the current version and future revisions of the Lorain County Sediment and Erosion Control Regulation and Lorain County Comprehensive Storm Water Management Regulation.
(c) The plan review and approval process will follow the requirements outlined in the Lorain County Sediment and Erosion Control Regulations.
(Ord. 1724-22. Passed 3-28-22.)
1335.08 COMPREHENSIVE STORM WATER MANAGEMENT PLAN (CSWMP) REQUIREMENTS.
(a) Any person seeking approval of residential, industrial, commercial, office and industrial purposes, including land development proposals for non-agricultural uses and public infrastructure uses, shall develop and submit to the Administrator for review and approval a Comprehensive Storm Water Management Plan (CSWMP) prepared and sealed by a Professional Engineer licensed to practice in the State of Ohio as detailed below.
(b) CSWMPs must meet the minimum requirements of the current version and future revisions to the Lorain County Comprehensive Stormwater Management Regulations.
(c) The plan review and approval process will be completed by the Administrator and/ or designee.
(Ord. 1724-22. Passed 3-28-22.)
1335.09 COMPLIANCE RESPONSIBILITY.
(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the Village of South Amherst not otherwise imposed by law.
(b) No Release from Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirements shall prevail.
(c) Proceeding with Activity. Land-disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of Storm Water Pollution Prevention Plans or Comprehensive Storm Water Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible to carry out all provisions of the approved Storm Water Pollution Prevention Plan or CSWM plan and to meet all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the Administrator and the Village designee to ensure compliance with the approved SWPPP and CSWMP.
(2) Any reports issued by the Administrator, SABPA and/or its designee shall be distributed to the applicant and the contractor (if applicable) and the Professional Engineer of record who prepared the SWPPP and CSWMP.
(3) If it is found that the construction or development operations are being conducted in violation of the approved SWPPP and/or CSWMP plan, enforcement proceedings will be carried out in accordance with the Lorain County Sediment and Erosion Control Regulations and/or the Lorain County Comprehensive Stormwater Management Regulations. If these enforcement mechanisms do not result in corrective actions, a stop-work order may be issued by the Administrator and the Village designee.
(4) After the issuance of a stop-work order provided for in subsection 1335.09 (e) (c) above, the applicant may meet with the Law Director and the Administrator and the Village designee to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the Administrator and the Village designee shall determine if and when the development may proceed. Any determination by the Administrator and the Village designee pursuant to this section is a final order for purpose of judicial review.
(6) All development sites are subject to inspections and enforcement by an authorized agent(s) under the direction of the Administrator and the Village designee to ensure compliance with the approved SWPPP and CSWMP.
(f) Violations.
(1) The Village designee shall notify the Storm Water applicant of any violations in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.
(2) The permittee shall comply with the timeline for correction in Table A listed below. Timeline extension for adverse weather conditions may be granted upon recommendation of the Administrator.
(3) Violations.
Table A: Timeline for Corrective Action
Nature of Violation | Number of Days from Notice To Correct Functioning of Control Practice |
Silt Fence | Within Three (3) Days |
Outlet Control Structure | Within Three (3) Days |
Temporary or permanent stabilization within 50' of drainage channels. | Within Three (3) Days |
Temporary or permanent stabilization for all other disturbed areas. | Within Three (3) Days |
Stabilized Construction Entrance | Within Three (3) Days |
Pumping Sediment laden discharge into drainage channel | Immediately upon Notice |
Sediment Settling Pond | Within Ten (10) Days |
Any other control practice not addressed in this table | Within Three (3) Days |
(g) Penalties Subsequent to Issuance of Stop-Work Order.
(1) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
A. If the land-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the Village of South Amherst shall apply. Applicable penalties as described in Section 1335.09 (o).
B. Through its Administrator or authorized agent(s), the Village of South Amherst may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions, including legal fees on the tax duplicate of the landowner.
C. The Administrator may request the Law Director of the Village of South Amherst to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and to secure compliance with this Ordinance. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Subsection 1335.09 (n)(1) or any other relief the court determines.
(h) Internal Inspections.
(1) All controls on the site shall be inspected by the applicant in compliance with the minimum requirements of the current Ohio EPA Construction General Permit.
(i) Ownership and Maintenance of Storm Water Facilities.
(1) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the Village of South Amherst accepts the final plat of the proposed subdivision. Said agreement shall be incorporated into the Developer's Agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure that all inlet and outlet structures are free of obstructions and in good repair.
1. For subdivisions, unless otherwise approved by the Village of South Amherst, responsible party(ies) shall be an entity of common ownership (e.g. Land/Homeowner's Association) within the proposed subdivision.
B. Prohibit unauthorized alterations of all storm water management facilities. Any revisions shall be approved by the Administrator.
C. Provide adequate access to all storm water management facilities for inspection by the Village of South Amherst authorized agent(s) and corrective actions by the owner.
(3) As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the Village of South Amherst, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(4) The Village of South Amherst Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outline in "Appendix A: Ohio Revised Code 6131.63." The Village of South Amherst may require of the owner and/or applicant any one or more of the following items in the maintenance agreement:
A. To benefit two or more property owners.
B. To be designed for cost-effective maintenance.
C. To be determined by the Village of South Amherst Planning Commission or authorized agent(s) to be appropriate addition to this jurisdiction's existing storm drainage system.
D. To not be better suited for private maintenance by an individual or group of property owner(s), which ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(5) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the Administrator prior to approval of the final plat and shall be recorded with said plat in separate instruments.
B. Unless otherwise determined by the Administrator drainage easements shall be no less than twenty (20) feet wide.
C. Unless otherwise determined and approved by the Administrator, storm water management facilities, including basin, ponds or other retention/detention practices, shall lie on separate parcels held and maintained by an entity of common ownership (i.e. Land/Homeowners Association).
D. Those lots that contain or are crossed by a drainage easement shall have the following restriction: "Any area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area shall be allowed without the approval of the Administrator.
(j) Fees. The fee schedule may be obtained through the Lorain County Storm Water District. Fees shall be submitted with SWP3 and CSWMP, prior to review. The fee is based on project size and paid by the owner or developer directly to the Administrator (LCSWD). Payment is made payable to Lorain County Treasurer.
(k) Complaints. The Administrator and/or the Village designee shall investigate any complaint related to earth disturbing activities covered by this chapter.
(l) Variances.
(1) The Village of South Amherst, or its designated agent, may grant a variance to these regulations where the owner or his appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, in consideration of the following:
A. That exceptional or extraordinary conditions exist that are peculiar to the particular parcel of land.
B. The variance is necessary for the preservation and enjoyment of substantial property rights.
C. The variance will not be a substantial detriment to adjacent land and will not materially impair the purposes of these regulations.
D. Does not violate the Building or Zoning Codes of the Village of South Amherst.
(2) Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted.
(3) A request for a variance shall be in writing and shall state specifically the reasons for the request and shall include all data and information in support of the request. The request shall be reviewed and approved, disapproved or approved with modifications within thirty (30) working days. Failure to act within said time will result in the variance request being approved.
(m) Appeals. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village of South Amherst or its representatives in relation to this regulation may appeal to the Court of Common Pleas. Such appeal shall be made within thirty (30) days of the date of an order or decision and shall specify the grounds for appeal.
(n) Violations. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter. Violations of these regulations which will result in enforcement actions, include but are not limited to:
(1) Failure to install control practices specified in state and federal permits.
(2) Improper installation of control practices according to Rainwater and Land Development, current edition, and/or as recommended by the manufacturer.
(3) Inadequate design and/or unacceptable performance of the control practices as judged by the Village Engineer.
(4) Failure to properly maintain control practices put in place as determined by the Village Engineer.
(5) Failure to remove control practices after the site has reached final stabilization.
(o) Penalties.
(1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons violating any of the provisions herein shall upon conviction be fined up to one hundred fifty dollars ($150.00) per day that the violation exists and, in addition, shall pay all costs and expenses involved in the case.
(2) Upon notice from the Village of South Amherst and/or its authorized agent(s), that work is being carried out contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the Village of South Amherst's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not prelude the Village of South Amherst, by or through its Law Director and/or any of its assistants, from instituting an appropriate actions or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(p) All development sites are subject to violations and enforcement under the current version and future revisions of the County Comprehensive Storm Water Management Regulations and Sediment and Erosion Regulations.
Contractor Registration
Contractors planning to perform erosion and sediment control related construction activities must be registered with Lorain County Soil & Water (42110 Russia Rd., Elyria, Ohio 44035) and the Village of south Amherst Building Department (103 W. Main St., South Amherst, Ohio 44001). (Ord. 1787-23. Passed 11-13-23.)
1339.01 PURPOSE AND SCOPE.
The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the Village of South Amherst through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for detecting and eliminating the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:
(a) To prohibit illicit discharges and illegal connections to the MS4.
(b) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.
(Ord. 1600-18. Passed 11-12-18.)
1339.02 APPLICABILITY.
This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and any lands in the Village of South Amherst, except for those discharges generated by the activities detailed in Section 1339.07 (a)(1) to (a)(3) of this regulation.
(Ord. 1600-18. Passed 11-12-18.)
(Ord. 1600-18. Passed 11-12-18.)
1339.03 DEFINITIONS.
The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:
(a) Best Management Practices (BMPs): means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) Community: means the Village of South Amherst, its designated representatives, boards, or commissions.
(c) Environmental Protection Agency or United States Environmental Protection Agency (USEPA): means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(d) Floatable Material: in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(e) Hazardous Material: means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(f) Illicit Discharge: as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1339.07 of this regulation.
(g) Illicit Connection: means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the Municipal Separate Storm Sewer System (MS4).
(h) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(1) Owned or operated by a State, city, village, county, district, municipality, township, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
(2) Designed or used for collecting or conveying storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
(j) Off-Lot Discharging Home Sewage Treatment System (Off-Lot HSTS): means a system designed to treat home sewage on-site and to discharge treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(k) Owner/Operator: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner’s behalf.
(l) Pollutant: means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
(m) Storm Water: any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(n) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 1600-18. Passed 11-12-18.)
1339.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 1600-18. Passed 11-12-18.)
1339.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village of South Amherst, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village of South Amherst to observe or recognize non-compliant, hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of South Amherst, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 1600-18. Passed 11-12-18.)
1339.06 RESPONSIBILITY FOR ADMINISTRATION.
The Village of South Amherst shall administer, implement, and enforce the provisions of this regulation. The Village of South Amherst may contract with the Lorain County General Health District, other agencies, the Village Engineer, or private engineering companies to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 1600-18. Passed 11-12-18.)
1339.07 DISCHARGE AND CONNECTION PROHIBITIONS.
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.); uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated/dibrominated/desalinated swimming pool discharges; street wash water with dry cleanup methods and no detergents to minimize pollutants; and discharges or flows from fire fighting activities (not planned exercises). These discharges are exempt until such time as they are determined by the Village of South Amherst to be significant contributors of pollutants to the MS4.
(2) Discharges specified in writing by the Village of South Amherst as being necessary to prohibit to protect public health and safety.
(3) Discharges from off-lot discharging home sewage treatment systems (off-lot HSTS) permitted by the Lorain County General Health District for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to create a public health nuisance by the Lorain County General Health District.
In compliance with the Village of South Amherst Storm Water Management Program, discharges from all off-lot discharging home sewage treatment systems must either be eliminated, or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, then discharges from off-lot discharging home sewage treatment systems shall no longer be exempt from the requirements of this regulation.
(b) Prohibition of Illicit Connections. The construction, use, maintenance, or continued existence of illicit connections to the (MS4) is hereby prohibited.
(1) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
(Ord. 1724-22 Passed 3-28-22)
1339.08 MONITORING OF ILLICIT DISCHARGES AND ILLICIT CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illicit Connection Monitoring Program: The Village of South Amherst shall establish a program to detect and eliminate illicit discharges and illicit connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems known to be connected to the MS4; the routine inspection of storm water outfalls to the MS4, and the field screening of potential residential, commercial, industrial, and institutional facilities for the sources of any non-storm water dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The Village of South Amherst shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The Village of South Amherst shall have the right to set up at facilities subject to this regulation such devices that are necessary to conduct monitoring and/or sampling of the facility’s storm water discharge, as determined by the Village of South Amherst Engineer.
(3) The Village of South Amherst shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense. All devices used to measure storm water flow and quality shall be calibrated by the Village of South Amherst Engineer to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of the Village of South Amherst Engineer and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the Village of South Amherst access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the Village of South Amherst is refused access to any part of the facility from which storm water is discharged, and the Village of South Amherst demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Village of South Amherst may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Any costs associated with these inspections shall be assessed to the facility owner/operator.
(Ord. 1600-18. Passed 11-12-18.)
1339.09 ENFORCEMENT.
(a) Notice of Violation. When the Village of South Amherst finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of South Amherst may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illicit connections; or removal of the source of the illicit discharge;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards, and the restoration of any affected property;
(5) The implementation of controls at the source or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Village of South Amherst shall schedule an administrative hearing before the Streets Commissioner to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by registered mail.
(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to O.R.C. 3709.211. If a owner/operator has violated or continues to violate the provisions of this regulation, then the Village of South Amherst may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations, or to compel the owner/operator to perform abatement or remediation of the violation.
(Ord. 1600-18. Passed 11-12-18.)
1339.10 REMEDIES NOT EXCLUSIVE.
The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law, and it is in the discretion of the Village of South Amherst to seek cumulative remedies.
(Ord. 1600-18. Passed 11-12-18.)
1343.01 PURPOSE AND INTENT.
This Code shall be known as the "Property Maintenance Code of the Village of South Amherst". The purpose of this Code is to protect the public health, safety and general welfare by establishing minimum standards governing the exterior maintenance, condition and appearance of structures and premises; to fix responsibilities and duties upon owners and tenants of structures with respect to sanitation, repair, and maintenance; to authorize and establish procedures for the inspection of premises; and to fix penalties for violation of this Code.
(Ord. 1809-24. Passed 10-7-24.)
1343.02 VALIDITY.
The provisions in this Property Maintenance Code shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe standards other than are provided herein. In the event of conflict between any provisions of this Code, including any rules and regulations adopted pursuant to this Code, and any provisions of the Codified Ordinances or other ordinances of the Village, including rules and regulations adopted pursuant to such ordinances, the more restrictive provisions shall prevail. Any repairs or alterations to a structure, or changes of use herein, which may be caused directly or indirectly by the enforcement of this Code shall be done in accordance with the procedures and provisions of the Building Code of the Village.
(Ord. 1809-24. Passed 10-7-24.)
1343.03 SEVERABILITY.
If any section, subsection, paragraph, sentence, clause or phrase of this Code is declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall continue in full force and effect, and to this end the provisions of this Code are hereby declared to be severable.
(Ord. 1809-24. Passed 10-7-24.)
1343.04 APPLICABILITY.
This Property Maintenance Code shall apply to all structures and premises within the Village of South Amherst.
(Ord. 1809-24. Passed 10-7-24.)
1343.05 MAINTENANCE RESPONSIBILITY.
No owner, agent or tenant of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance.
The owner shall be responsible for ensuring that premises are maintained in good repair and appearance in compliance with this Property Maintenance Code. Tenants shall be responsible for maintaining in a clean and sanitary condition those premises or portion thereof which they occupy and/or control. In the case of commonly held properties associated with condominium, or similar projects, it shall be the responsibility of the designated homeowner association or similar organization to maintain those items which are under their direct ownership or control.
(Ord. 1809-24. Passed 10-7-24.)
1343.06 DEFINITIONS.
For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
(a) "Administrator" means the Mayor of the Village of South Amherst or their designee
(b) "Deterioration" means the condition or appearance of the exterior of a building or part thereof, characterized by holes, breaks, rot, crumbling, or cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
(c) "Owner" means any person, who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without the accompanying actual possession thereof; or shall have charge, care or control as owner or agent of the owner; or as executor, administrator, trustee, receiver or guardian of an estate; or as a mortgagee in possession.
(d) "Person" includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
(e) "Premises" means a lot, plot or parcel of land, including the buildings or structures thereon.
(f) "Tenant" means any person living and sleeping in a dwelling unit or having actual possession of such dwelling unit or any person who leases or rents a building, structure or any portion thereof for any purpose.
(Ord. 1809-24. Passed 10-7-24.)
EXTERIOR STRUCTURE
1343.07 MAINTENANCE REQUIRED.
All exterior parts of every stmcture and accessory structure, including decorative additions, chimneys, fences and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weather tight, and so as to resist decay or deterioration from any cause. Any structure or accessory structure whose exterior surface is deteriorated must be repaired or razed.
(Ord. 1809-24. Passed 10-7-24.)
1343.08 FOUNDATIONS.
All foundations of every structure shall be structurally sound, in good condition, and maintained so as to prevent damage to the structural integrity of same.
(Ord. 1809-24. Passed 10-7-24.)
1343.09 STAIRS, PORCHES, DECKS, AND BALCONIES.
Every stair, porch, deck, balcony and all appurtenances attached thereto shall be kept in sound condition and good repair so as to be safe to use and capable of supporting the loads to which it is subjected.
(Ord. 1809-24. Passed 10-7-24.)
1343.10 ROOFS, GUTTERS AND DOWNSPOUTS.
All roofs of every structure shall be maintained weather tight. All missing shingles, or other roofing materials, shall be replaced with materials of similar kind, nature, design, and color as the original thereof. Every structure designed to be equipped with gutters and downspouts shall maintain such gutters and downspouts as permanently affixed to the structure and outlet in an approved manner. Gutters and downspouts shall be kept in good working order free of debris, rust and corrosion by deaning, painting or replacing with a similar kind, nature, design and color.
(Ord. 1809-24. Passed 10-7-24.)
1343.11 EXTERIOR WALLS.
(a) All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, trim, shutters, railings and their missing members. must be replaced and put in good condition. All replacements must be permanent and must match or be compatible with the design of the structure.
(b) Structures shall be maintained free of broken or cracked windows, crumbling stone or brick, or other conditions reflective of deterioration or inadequate maintenance.
(c) Windows, skylights, doors, and frames shall be kept in sound condition, good repair and weather tight.
(d) All chimneys and similar appurtenances shall be maintained structurally safe and sound, and in good repair.
(Ord. 1809-24. Passed 10-7-24.)
1343.12 EXITWAYS.
All stairs, landings, and porches, where required by the Building Code, shall be provided with handrails or guardrails properly maintained to minimize the hazard of falling and shall be kept structurally sound, in good repair, and free from defects.
(Ord. 1809-24. Passed 10-7-24.)
1343.13 HANDRAILS.
Every handrail and guardrail shall be firmly fastened and capable of safely supported intended live loads and shall be maintained in good condition.
(Ord. 1809-24. Passed 10-7-24.)
EXTERIOR PROPERTY AREAS
1343.14 PREMISES TO BE MAINTAINED.
(a) No owner or tenant of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises that are in violation of Chapter 521 of the Codified Ordinances of the Village of South Amherst.
(b) No person shall place and allow to remain exposed to the elements, including on porches, any appliance, chair, sofa, bed, table or other related item or similar furniture which is not designed and intended to be used exclusively outdoors.
(Ord. 1809-24. Passed 10-7-24.)
VACANT BUILDINGS AND LAND
1343.15 VACANT STRUCTURES AND LAND.
All vacant structures and premises thereof shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(Ord. 1809-24. Passed 10-7-24.)
1343.16 SECURING VACANT BUILDINGS.
If any structure or part thereof is vacant, the Administrator may order such structure secured so it will not be an attractive nuisance. Such order shall be served as set forth in Section 1343.20 and shall specify a reasonable time for compliance. Upon failure of the owner to comply within the specified time, the Administrator shall cause the building to be secured using Village forces or by contract with a private person or firm and the costs thereof shall be charged against the owner of the property as set forth in Section 1343.23.
(Ord. 1809-24. Passed 10-7-24.)
ADMINISTRATION AND ENFORCEMENT
1343.17 ADMINISTRATOR
It shall be the responsibility and duty of the Administrator to enforce and administer the provisions of this Code.
(Ord. 1809-24. Passed 10-7-24.)
1343.18 RIGHT OF ENTRY.
Upon receipt of a complaint alleging a violation of this chapter, the Administrator is hereby authorized and directed to make inspections to determine the condition of buildings and premises located within the Village in order to determine compliance with these provisions. For the purpose of making such inspections, the Administrator is hereby authorized to enter upon, examine and survey at all reasonable times upon all premises. The owner or tenant of every building, or the person in charge thereof, shall give the Administrator free access to such premises at all reasonable times for the purpose of such inspections, examination and survey. If access is not obtained from the property owner the Administrator may request access from adjoining properties to observe conditions not clearly visible from public property.
(Ord. 1809-24. Passed 10-7-24.)
1343.19 RESPONSIBILITIES OF OWNER.
(a) Owners shall have the duties and responsibilities as prescribed in this Code and no owner shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that a tenant is also responsible therefore and in violation thereof.
(b) It shall be unlawful for the owner of any structure or property who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such structure or property to another until the provisions of the compliance order or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of such compliance order or notice of violation and furnish to the Administrator a notarized statement from said grantee, transferee, mortgagee, or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 1809-24. Passed 10-7-24.)
1343.20 NOTICE OF VIOLATION.
Where a violation of this Code is found to exist, a written notice from the Administrator shall be served upon the person or persons responsible for the corrections thereof. Such notice shall specify the violation or violations committed, and a reasonable period of time to correct or abate such violation. Service of such notice may be by certified mail addressed to the owner and/or tenant at his residence, or to the tax mailing address as indicated by the records of the county Office, by delivery to the residence of the owner and/or tenant, by delivery to such individuals at the premises, by a certificate of mailing or posting on the front door of the premises.
(Ord. 1809-24. Passed 10-7-24.)
1343 21 TIME EXTENSIONS FOR COMPLIANCE.
Where the owner and/or tenant of a premises is unable to comply with a notice of violation within the time period specified, the owner, within two weeks of the notice of nonconformance, may enter into an agreement with the Administrator detailing a program to abate nonconformance within a reasonable time limit.
(Ord. 1809-24. Passed 10-7-24.)
1343.22 FAILURE TO COMPLY.
Whenever the owner and/or tenant of a structure or premises fails, neglects or refuses to comply with any notice of the Administrator within the time period specified in such notice, the Administrator shall proceed as provided in Section 1343.23 as applicable.
(Ord. 1809-24. Passed 10-7-24.)
1343.23 ABATEMENT AND PROSECUTION OF VIOLATIONS.
(a) Where the owner and/or tenant of any premises fails to comply with a notice of violation of any of the provisions of Sections 1343.17 through 1343.21, within the time period specified in such notice, the Administrator shall cause such violation to be corrected, removed or abated. The Administrator may contract with a private person or firm to accomplish such task. The actual cost of bringing the property into compliance plus fifteen percent (15%) for inspections and administration shall be billed to the owner. If such bill is not paid within thirty days after submission, then the Fiscal Officer shall certify such costs together with a ten percent (10%) penalty to the County Auditor's Office for placement on the tax duplicate to be collected as other taxes for return to the Village.
(b) Where the owner and/or tenant of any premises fails to comply with a notice of violation of any of the provisions of Sections 1343.07 through 1343.16, such owner or tenant shall be considered to be in violation of this Code and the Administrator shall request that the Law Director to proceed at law to compel compliance and to prosecute such violation.
(c) Nothing herein shall be construed to preclude the Administrator from instituting appropriate action at law or in equity to restrain, correct, or abate a violation or to prevent, terminate, or limit occupancy or uses of structures or premises which are in violation.
(Ord. 1809-24. Passed 10-7-24.)
1343 24 APPEALS.
Any owner and/or occupant who is served a notice of violation of any of the provisions of Sections 1343.07 through 1343.16, may, within ten (10) days of reccipt of such notice, appeal the findings of the Administrator. Such appeal shall be made by filing with the Administrator a notice of appeal on forms provided for such purpose. Such appeal shall be scheduled for a hearing before the Board of Zoning Appeals. Fees, notice requirements, procedures for such appeals and hearing shall he as set forth by the Village Council.
(Ord. 1809-24. Passed 10-7-24.)
1343.99 PENALTY.
Any person, firm or corporation or his or their agents who violates any provisions of this chapter or who fails or refuses to obey a lawful order of the Administrator issued pursuant to this chapter is guilty of a minor misdemeanor for each offense and for a second or subsequent offense within six (6) months shall be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 1809-24. Passed 10-7-24.)
CODIFIED ORDINANCES OF SOUTH AMHERST