Van Wert City Zoning Code
CHAPTER 152
BUILDING CODE
APPENDIX A: FEES
COST OF PROJECT FEE
UNDER $1,000 $ 0
1,000 - 2,000 20
2,000 - 3,000 20
3,000 - 4,000 20
4,000 - 5,000 20
5,000 - 6,000 20
6,000 - 7,000 20
7,000 - 8,000 20
8,000 - 9,000 20
9,000 - 10,000 20
10,000 - 11,000 22
11,000 - 12,000 24
12,000 - 13,000 26
13,000 - 14,000 28
14,000 - 15,000 30
15,000 - 16,000 32
16,000 - 17,000 34
17,000 - 18,000 36
18,000 - 19,000 38
19,000 - 20,000 40
20,000 - 21,000 42
21,000 - 22,000 44
22,000 - 23,000 46
23,000 - 24,000 48
24,000 - 25,000 50
25,000 - 26,000 52
26,000 - 27,000 54
27,000 - 28,000 56
28,000 - 29,000 58
29,000 - 30,000 60
30,000 - 31,000 62
31,000 - 32,000 64
32,000 - 33,000 66
33,000 - 34,000 68
34,000 - 35,000 70
35,000 - 36,000 72
36,000 - 31,000 74
37,000 - 38,000 76
38,000 - 39,000 78
39,000 - 40,000 80
40,000 - 41,000 82
41,000 - 42,000 84
42,000 - 43,000 86
43,000 - 44,000 88
44,000 - 45,000 90
$45,000 - 46,000 92
46,900 - 47,000 94
47,000 - 48,000 96
48,000 - 49,000 98
49,000 - 50,000 100
50,000 - 51,000 102
51,000 - 52,000 104
52,000 - 53,000 106
53,000 - 54,000 108
54,000 - 55,000 110
55,000 - 56,000 112
56,000 - 57,000 114
57,000 - 58,000 116
58,000 - 59,000 118
59,000 - 60,000 120
60,000 - 61,000 122
61,000 - 62,000 124
62,000 - 63,000 126
63,000 - 64,000 128
64,000 - 65,000 130
65,000 - 66,000 132
66,000 - 67,000 134
67,000 - 68,000 136
68,000 - 69,000 138
69,000 - 70,000 140
70,000 - 71,000 142
71,000 - 72,000 144
72,000 - 73,000 146
73,000 - 74,000 148
74,000 - 75,000 150
75,000 - 76,000 152
76,000 - 77,000 154
77,000 - 78,000 156
78,000 - 79,000 158
79,000 - 80,000 160
80,000 - 81,000 162
81,000 - 82,000 164
82,000 - 83,000 166
83,000 - 84,000 168
84,000 - 85,000 170
85,000 - 86,000 172
86,000 - 87,000 174
87,000 - 88,000 176
88,000 - 89,000 118
89,000 - 90,000 180
90,000 - 91,000 182
$91,000 - 92,000 184
92,000 - 93,000 186
93,000 - 94,000 188
94,000 - 95,000 190
95,000 - 96,000 192
96,000 - 97,000 194
97,000 - 98,000 196
98,000 - 99,000 198
99,000 - 100,000 200
100,000 - 101,000 202
101,000 - 102,000 204
102,000 - 103,000 206
103,000 - 104,000 208
104,000 - 105,000 210
105,000 - 106,000 212
106,000 - 107,000 214
107,000 - 108,000 216
108,000 - 109,000 218
109,000 - 110,000 220
110,000 - 111,000 222
111,000 - 112,000 224
112,000 - 113,000 226
113,000 - 114,000 228
114,000 - 115,000 230
115,000 - 116,000 232
116,000 - 117,000 234
117,000 - 118,000 236
118,000 - 119,000 238
119,000 - 120,000 240
120,000 - 121,000 242
121,000 - 122,000 244
122,000 - 123,000 246
123,000 - 124,000 248
124,000 - 125,000 250
125,000 - 126,000 252
126,000 - 127,000 254
127,000 - 128,000 256
128,000 - 129,000 258
129,000 - 130,000 260
130,000 - 131,000 262
131,000 - 132,000 264
132,000 - 133,000 266
133,000 - 134,000 268
134,000 - 135,000 270
135,000 - 136,000 272
136,000 - 137,000 274
137,000 - 138,000 276
138,000 - 139,000 278
139,000 - 140,000 280
140,000 - 141,000 282
141,000 - 142,000 284
142,000 - 143,000 286
143,000 - 144,000 288
144,000 - 145,000 290
145,000 - 146,000 292
146,000 - 147,000 294
147,000 - 148,000 296
148,000 - 149,000 298
149,000 - 150,000 300
150,000 - 151,000 302
151,000 - 152,000 304
152,000 - 153,000 306
153,000 - 154,000 308
154,000 - 155,000 310
155,000 - 156,000 312
156,000 - 157,000 314
157,000 - 158,000 316
158,000 - 159,000 318
159,000 - 160,000 320
160,000 - 161,000 322
161,000 - 162,000 324
162,000 - 163,000 326
163,000 - 164,000 328
164,000 - 165,000 330
165,000 - 166,000 332
166,000 - 167,000 334
167,000 - 168,000 336
168,000 - 169,000 338
169,000 - 170,000 340
170,000 - 171,000 342
171,000 - 172,000 344
172,000 - 173,000 346
173,000 - 174,000 348
174,000 - 175,000 350
175,000 - 176,000 352
176,000 - 177,000 354
177,000 - 178,000 356
178,000 - 179,000 358
179,000 - 180,000 360
180,000 - 181,000 362
181,000 - 182,000 364
182,000 - 183,000 366
183,000 - 184,000 368
184,000 - 185,000 370
185,000 - 186,000 372
186,000 - 187,000 374
187,000 - 188,000 376
188,000 - 189,000 378
189,000 - 190,000 380
190,000 - 191,000 382
191,000 - 192,000 384
192,000 - 193,000 386
193,000 - 194,000 388
194,000 - 195,000 390
195,000 - 196,000 392
196,000 - 197,000 394
197,000 - 198,000 396
198,000 - 199,000 398
199,000 - 200,000 400
Projects over $200,000 shall be computed on a base fee of $20 plus $2 per $1,000 for each $1 over $10.
(1981 Code, Ch. 152 Appendix) (Ord. 6572-93, passed 12-13-1993)
§ 152.01 ESTABLISHMENT AND PURPOSE.
The purpose of this building code is to establish rules and regulations for the construction, alteration, remodeling, removal, demolition, equipment, use, occupancy, location, and maintenance of buildings and structures, including 1-, 2-, and 3-family dwellings, and thereby to provide for the safety, health, and general welfare of the public.
(1981 Code, § 152.01) (Ord. 6572-93, passed 12-13-1993)
§ 152.02 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to health by reason on inadequate maintenance, dilapidated conditions, or obsolescence.
UNSAFE BUILDINGS. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to health by reason of inadequate maintenance, dilapidated conditions, or obsolescence.
(1981 Code, § 152.02) (Ord. 6572-93, passed 12-13-1993)
§ 152.03 TECHNICAL CODES ADOPTED.
The following provisions are adopted as the building code of Van Wert.
(A) Provisions of the current CABO (Council of American Building Officials) One and Two Family Dwelling Code applicable to all occupancies.
(B) Provisions of the Current Ohio Plumbing Code applicable to all occupancies.
(C) Provisions of the CABO One and Two Family Dwelling Code shall govern the installation of equipment or replacement of heating and air conditioning systems.
(D) Provisions of the most current National Electrical Code, standards of the National Board of Fire Underwriters for electric wiring and apparatus as recommended by the National Fire Protection Association, governing all electric wiring and equipment installation.
(E) Provisions of the current Ohio Fire Code.
(F) The technical codes adopted above in divisions (A) through (E) are adopted by incorporation by reference and are hereby adopted and incorporated as if set out at length therein.
(G) Whenever a conflict may appear between the provisions of divisions (A) through (E) above, the provisions requiring the greater restrictions shall apply.
(1981 Code, § 152.03) (Ord. 6572-93, passed 12-13-1993)
§ 152.04 FILE COPIES.
A complete copy of this building code, parts of which are adopted by incorporation by reference, is on file with the Clerk of Council for inspection by the public and also on file in the County Law Library. The Clerk has copies available for distribution to the public at cost. The provisions of this chapter, including permits and penalties, shall control the construction of all building and structures, including 1-, 2-, and 3-family dwellings, in the city.
(1981 Code, § 152.04) (Ord. 6572-93, passed 12-13-1993)
§ 152.05 BUILDING COMMISSIONER.
This code shall be administered by the Building Commissioner and such deputies and assistant inspectors as may be authorized and appointed by the Mayor, subject to the approval of the Council. The Building Commissioner together with his or her staff shall receive compensation for their service as determined by the Council.
(1981 Code, § 152.05) (Ord. 6572-93, passed 12-13-1993)
§ 152.06 RIGHT OF ENTRY.
The Building Commissioner and his or her authorized representatives, in the discharge of their official duties and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable time when a building permit has been obtained.
(1981 Code, § 152.06) (Ord. 6572-93, passed 12-13-1993)
§ 152.07 CONFORMANCE TO CITY'S STANDARD REQUIREMENTS.
All construction activities affecting the city's infrastructure and right-of-way shall conform to the city's minimum standards for work defined in the city's most current issue of its Design Standards and Construction Standards and Drawings.
(1981 Code, § 152.07) (Ord. 6876-98, passed 7-27-1998)
§ 152.10 COMPOSITION OF BOARD; APPOINTMENT OF MEMBERS.
The Mayor shall provide for the organization and maintenance of a Board of Building Appeals. The board shall consist of 5 citizens of the city appointed by the Mayor, subject to the approval of Council. The appointive members shall be appointed for terms of 3 years, except that of the 5 members first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Of the appointive members, all of whom shall be conversant with the light construction industry, 1 shall be a registered engineer, 1 a contractor, 1 a real estate agent, and 2 shall be representatives at large. No member shall act on any matter in which he or she has a financial interest. In the event of a vacancy on the Board, the Mayor shall, within 30 days, appoint a new member who shall have the qualifications of the member he or she shall replace and who shall serve the balance of the unexpired term of the member.
(1981 Code, § 152.10) (Ord. 6572-93, passed 12-13-1993)
§ 152.11 ORGANIZATION; QUORUM.
(A) The Board shall organize by electing a Chairperson and Vice-Chairperson who shall serve for a period of 1 year. The Building Commissioner or his or her representative shall serve as Secretary and shall attend all meetings of the Board and shall provide information, services, and assistance as it may require.
(B) A quorum shall consist of 3 members, and no official meeting shall be held unless a quorum is present at roll call. The affirmative vote of the majority present at a meeting shall be necessary to pass any resolution or make any decision.
(1981 Code, § 152.11) (Ord. 6572-93, passed 12-13-1993)
§ 152.12 RULES AND PROCEDURE; MINUTES.
(A) The Board shall adopt rules and regulations of procedure which it may from time to time change at its discretion, provided that no rule or regulation shall be in conflict with any provision of § 152.11.
(B) The rules and regulations shall fix the time and place of regular meetings and shall provide for special meetings, for appeal procedure, and for other matters pertinent to the operation of the Board.
(C) Complete minutes shall be kept of every meeting, setting forth all business transacted and decisions made. In case an appeal is adverse to the appellant, the minutes shall contain the reason therefore. All minutes shall be signed by the Secretary and countersigned by the Chairperson or Vice-Chairperson. A copy of the minutes shall be sent to the Building Commissioner and to every appellant who has an interest therein.
(1981 Code, § 152.12) (Ord. 6572-93, passed 12-13-1993)
§ 152.13 POWERS AND DUTIES.
For the purpose of carrying out the intent and purpose of this chapter, the Board shall have the following powers and perform the following duties:
(A) To hear an appeal filed by any person, company, or Building Commissioner in the enforcement of this building code, and to determine whether in the opinion of the Board, a structure constitutes a public nuisance or a decision of the Building Commissioner should be reversed, modified, or affirmed. The Board shall have the power and authority to require by resolution that the Building Commissioner modify, reverse, or enforce his, her, or its decision. Any party adversely affected by a decision of the Board may appeal to the Council and if still adversely affected by the decision may then appeal to the Court of Common Pleas of the County, on the ground that the decision was unreasonable or unlawful.
(B) To formulate and report to the governing body, from time to time, recommendations for action by them upon amendments to the code as the public health, safety, and the development of arts and sciences may require.
(C) To determine by rule or regulations, on application to it, whether any new type of material, method of construction, or equipment is equal to that required by the code, and to recommend the use of new material to be incorporated in the code.
(1981 Code, § 152.13) (Ord. 6572-93, passed 12-13-1993)
§ 152.14 TIME; FEE; NOTICE OF APPEAL.
An appeal from any decision of the Building Commissioner may be taken within 15 days from the date of the decision from which the appeal is taken by paying the required fee of $30 and filing with the Building Commissioner and with the Board, a notice of appeal, specifying the grounds therefore. Any appeal filed by the Building Commissioner in the performance of his or her duties shall not require a filing fee. The Building Commissioner shall forthwith transmit to the Board, papers upon which the action appealed was taken.
(1981 Code, § 152.14) (Ord. 6572-93, passed 12-13-1993)
§ 152.20 CERTIFICATE OF REGISTRATION REQUIRED; PERMIT FOR WORK BY OWNER-OCCUPANT.
It shall be unlawful for any person, firm, or corporation to act or engage in the business of building, construction, repair, remodeling, removal, alteration, painting or demolition, or trash collection for others within the city unless the person, firm, or corporation shall have received a certificate of registration therefore. All contractors and sub- contractors are required to obtain certificates of registration. However, the owner-occupant of a single dwelling house may carry on any of the work governed by this code without the certificate of registration provided that the owner shall obtain a permit for any such work and shall call for inspection as provided herein.
(1981 Code, § 152.20) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 16-12-053, passed 1-9-2017)
§ 152.21 CERTIFICATE ISSUANCE; REVOCATION.
(A) The Building Commissioner shall issue certificates of registration for the following categories with the applicable fees:
(1) Building Contractor $25
(B) If plumbing and heating or air conditioning are both requested, both registrations will be issued for the cost of one.
(C) If plumbing and sewer are both requested, both registrations will be issued for the cost of one.
(D) All certificates of registration will expire at the end of each calendar year.
(E) The Building Commissioner, upon the recommendation of the Building Inspector, shall have the power to suspend or revoke any certificate of registration for violations of this code.
(F) The fee for contractor's registration renewal shall be set as follows:
(1) $25 if the renewal is filed and paid on or before January 31 of each year;
(2) Other fees remain the same.
(1981 Code, § 152.21) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 6640-94, passed 12-28-1994; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.22 FAILURE TO OBTAIN CERTIFICATE OF REGISTRATION; PENALTY.
The penalty for any person, firm or corporation who begins a job without having a current certificate of registration shall be $100.
(1981 Code, § 152.22) (Ord. 6572-93, passed 12-13-1993)
§ 152.25 PERMIT REQUIRED.
(A) No person, firm or corporation shall act or engage in any building, construction, repair, remodeling, removal, alteration, painting or demolition of a commercial building for others within the city unless the person, firm or corporation has obtained a permit for construction project. The contractor shall ultimately be responsible for obtaining a permit. Contractor is defined as the person or company hired to do the work or a property owner their own work. All issued permits are valid from one year from date of issue. If construction requested on the original building permit is not completed with the one-year period in which the permit is valid then a new permit must be secured. The need for a building permit can be waived at the discretion of the Safety Service Director.
(B) No person, firm, or corporation shall act or engage in any building, construction, repair remodeling, removal, alteration, painting, or demolition of a residential building of others within the city if the cost of any project is more than $5,000. The need for a building permit can be waived at the discretion of the Safety Service Director.
(1981 Code, § 152.25) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 07-07-062, passed 8-13-2007; Am. Ord. 07-07-063, passed 8-13-2007; Am. Ord. 18-06-043, passed 8-13-2018; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.26 INSPECTIONS; NOTICES.
(A) Inspections are required for site, footer and foundation work. No work is to be started prior to having a site inspection, when applicable. Other inspections will be scheduled at the discretion of the Building Commissioner or Building Inspector.
(B) Notice shall be given that the work is ready for inspection at least 24 hours in advance and the work shall be inspected within 2 work days from receipt of notice. Official notices of approval or disapproval will be placed in a conspicuous place by the inspector.
(1981 Code, § 152.26) (Ord. 6572-93, passed 12-13-1993)
§ 152.30 PERMIT REQUIRED.
(A) No person, firm, or corporation shall attempt to do or cause to be done any electrical work or alteration for others within the city without first obtaining a permit for any job costing $5,000 or more. The contractor shall ultimately be responsible for obtaining a permit. Contractor is defined as the person or company hired to do the work or a property owner doing their own work.
(B) The exception to this is that when a new or replacement residential electrical service entrance is connected, the electrical inspector must inspect the installation prior to the electrical service company (Ohio Power Co.) providing power to the installation.
(1981 Code, § 152.30) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.31 INSPECTIONS; NOTICES.
(A) All electrical wiring and equipment for which a permit is required by this code shall be subject to inspection and approval of the Building Commissioner. No electrical wiring or parts thereof shall be covered or concealed without authorization to do so by the Building Commissioner or Electrical Inspector.
(B) Notice shall be given that the work is ready for inspection at least 24 hours in advance and the work shall be inspected within 2 work days from receipt of notice. Official notices of approval or disapproval will be placed in a conspicuous place by the inspector.
(C) All roughing in for electrical wiring shall be inspected and approved before being concealed. Final inspection shall be made and approved before the work is placed in service. Prior to final inspection, the installer shall provide permanent circuit identification by means of a permanent circuit schedule in or at the distribution panel. If the work is found to be incomplete or not in conformity with this code, the necessary corrections shall be made and the work then resubmitted for final inspection.
(1981 Code, § 152.31) (Ord. 6572-93, passed 12-13-1993)
§ 152.32 REGISTRATION CERTIFICATE REQUIRED; EXCEPTIONS.
No person, firm or corporation shall engage in the business of installing, maintaining, altering, or repairing, for others within the city, any electric wiring, device, appliances, or equipment unless the person, firm, or corporation shall have received an electrical contractor's registration certificate therefore. Any person employed by and working under the direction of a holder of an electrical contractor's certificate as a helper is exempted. No certificate will be required to perform the following work:
(A) Any work involved in the manufacture, test, or repair of electric materials, devices, appliances, or apparatus, not including any permanent testing purposes;
(B) The assembly, erection, and connection of electric apparatus and equipment by the manufacturer of the apparatus and equipment, not including any permanent wiring other than that involved in making electric connections on the apparatus or equipment itself or between 2 or more parts of the apparatus or equipment;
(C) For minor repair work for the replacement of lamps or for the connection of portable devices to suitable receptacles which have been permanently installed;
(D) The owner-occupant of a single-family dwelling may carry out any of the work governed by this code without a registration certificate, provided that the permit and inspections will still apply. The owner-builder of a new dwelling must reside in the new dwelling for at least 1 full year after final inspection approval to qualify for this exemption.
(1981 Code, § 152.32) (Ord. 6572-93, passed 12-13-1993)
§ 152.40 PERMIT REQUIRED.
(A) No person, firm or corporation shall install, alter, or repair any plumbing fixtures, drainage venting, or other piping installation without first obtaining a permit to do so for others within the city for any job costing $5,000 or more. Ordinary minor repairs may be made without a permit. Heating permits will be required for the installation of new or replacement heating and air conditioning systems. No permit is required for the replacement of fixtures only. The contractor shall be ultimately responsible for obtaining a permit. Contractor is defined as the person or company hired to do the work or a property owner doing their own work.
(B) All excavations of sanitary sewer laterals require a permit. (See ORC 51.071).
(1981 Code, § 152.40) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.41 APPLICATION; PLANS AND SPECIFICATIONS.
The plumbing, heating, and air conditioning permit applications may include plans and specifications of sufficient clarity and detail to indicate the extent of work.
(1981 Code, § 152.41) (Ord. 6572-93, passed 12-13-1993)
§ 152.42 INSPECTIONS; NOTICES.
All work shall be inspected and approved by the Inspector before it is concealed. A final inspection will be made when the work is finished and tested as required by the Building Commissioner. No plumbing, heating, or air conditioning systems shall be used until the final inspection has been approved.
(1981 Code, § 152.42) (Ord. 6572-93, passed 12-13-1993)
§ 152.43 CERTIFICATE OF REGISTRATION; EXCEPTIONS.
(A) No person, firm, or corporation shall engage in the business of installing, maintaining, altering, or repairing for others within the city any plumbing, heating, or air conditioning apparatus as governed by this code unless the person, firm, or corporation shall have received a registration certificate.
(B) Any person employed by and working under the direction of a holder of a registration certificate as helper is exempted. No certificate will be required for minor repair work or for the owner doing work on their own property.
(1981 Code, § 152.43) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.50 BUILDING FEES.
(A) When a permit is required there shall be a fee of $20 and a fee will be required for all projects costing $5,000 to $10,000. (See Appendix A for projects valued above $10,000).
(Ord. 6572-93, passed 12-13-1993; Am. Ord. 12-08-043, passed 9-24-2012; Am. Ord. 18-08-053, passed 12-26-2018)
(B) Fees for the removal of a building or structure from 1 location to another or to a new location on the same lot shall be $20 plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in a new location.
(C) The fee for a permit for the demolition of a building or structure shall be $20.
(D) The fee for signs, (wall, base, hanging or pole mount, electric or non-electric), billboards and other display structures shall be $25 for each sign or structure.
(E) The fee for a building permit shall be $50 when a state building permit is required under Ohio law.
(1981 Code, § 152.50) (Ord. 6572-93, passed 12-13-1993)
Cross-reference:
For further information on fees, see Appendix A
§ 152.51 ELECTRICAL FEE.
The fee for an electrical permit shall be $30.
(1981 Code, § 152.51) (Ord. 6572-93, passed 12-13-1993)
§ 152.52 PLUMBING FEE.
The fee for a plumbing permit shall be $30.
(1981 Code, § 152.52) (Ord. 6572-93, passed 12-13-1993)
§ 152.53 WARM AIR HEATING SYSTEMS FEE.
The fee for a heating permit shall be $30.
(1981 Code, § 152.53) (Ord. 6572-93, passed 12-13-1993)
§ 152.54 AIR CONDITIONING SYSTEM FEE.
The fee for an air conditioning system shall be $20.
(1981 Code, § 152.54) (Ord. 6572-93, passed 12-13-1993)
§ 152.55 MINOR REPAIR WORK EXEMPTION.
No permit or fee shall be required for any electrical, plumbing, heating and air conditioning work if the work has a total valuation of $5,000 or less with the exception of all projects that apply to § 152.30 and ORC 51.071.
(1981 Code, § 152.55) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 18-08-053, passed 12-26-2018)
§ 152.56 FENCE PERMIT AND FEE.
All fences shall require a permit and the fee is $20.
(1981 Code, § 152.56) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 12-08-044, passed 9-24-2012)
§ 152.57 SIDEWALK PERMIT AND FEE.
§ 152.58 DRIVEWAY PERMIT AND FEE.
All driveways shall require a permit and the fee is $20.
(1981 Code, § 152.58) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 12-08-046, passed 9-24- 2012)
§ 152.59 STREET BOND FEE.
The street bond fee shall be at the discretion of the Safety-Service Director.
(1981 Code, § 152.59) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 16-12-053, passed 1-9-2017)
§ 152.60 ACCESSORY BUILDING AND STORAGE SHED PERMIT AND FEE.
All accessory buildings and storage sheds shall require a permit and the fee is $20.
(1981 Code, § 152.60) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 12-08-047, passed 9-24-2012)
§ 152.61 FAILURE TO OBTAIN PROPER PERMITS; PENALTY.
Any person, firm or corporation who begins a job covered by this chapter prior to a permit being issued, without prior written approval of the Engineering Department Supervisor or Building Inspector, shall be subject to a penalty of $10 for the first violation and $100 for each violation thereafter.
(1981 Code, § 152.61) (Ord. 6572-93, passed 12-13-1993)
§ 152.70 ACCESSWAY REQUIRED.
Whenever an existing industrial structure exceeds 500 feet in length on any side or end and any addition is made thereto that would extend the length of any side or end or whenever an addition is made to an existing industrial structure that would make the length of any side or end exceed 500 feet, including the old structure and the addition, or whenever any side or end of any new industrial structure exceeds 500 feet, then the owner thereof or lessee shall provide access for the movement and usage of Fire Department pumper trucks and aerial ladder trucks along the entire length of the side or end that exceeds 500 feet, on his or her own private property, where a through public street or alley is not available on the entire side or end that exceeds 500 feet in length.
(1981 Code, § 152.70) (Ord. 6572-93, passed 12-13-1993)
Cross-reference:
Fire Department, see Ch. 34
Fire prevention, see Ch. 91
§ 152.75 DEFINITIONS.
For the purposes of this subchapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(A) PUBLIC NUISANCE. Any underground container or storage tank, fence, wall, garage, shed, house, lot, building, structure, tree, pole, smokestack, or any excavation, basement, cellar, well, cistern, sidewalk subspace, walk, driveway, parking lot or facility that is open to the public, step or stairwell, or the ground itself, which has any or all of the conditions, defects, activities, or uses hereinafter described.
(1) PUBLIC NUISANCES BY CONDITION. Any of the following conditions or defects shall constitute a public nuisance when, in the city's determination, they endanger the life, health, property, safety or welfare, or valuation of neighbor’s real property, or of any current or prospective occupants of the property or premises:
(a) The physical condition or use of any premises in a condition or manner regarded as a public nuisance at common law;
(b) Any physical condition, use, or occupancy of any premises or its appurtenances, considered an attractive nuisance to children, including but not limited to junk, inoperable orunlicensed vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators, and unsafe fences or structures;
(c) Any premises which have improperly working drainage facilities;
(d) Any premises designated unsafe for human habitation or use;
(e) Any premises which is manifestly capable of being a fire hazard or is manifestly unsafe or unsecured so as to endanger life, limb or property;
(f) Any premises which is unsanitary, or which is littered with rubbish or garbage;
(g) Any structure, parking lot open to the public or building that is in a state of dilapidation, deterioration, or decay; faulty construction; open, vacant, or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure, and is dangerous to anyone on or near the premises;
(h) The maintenance of any pond, pool of water, or vessel holding stagnant water; or
(i) Feces deposited by the defecation of any animal upon any public or private property, other than that of the owner of the animal or the person in charge hereof, creates an unsanitary and unhealthy condition and is hereby declared a nuisance.
(2) PUBLIC NUISANCE BY ACTIVITY OR USE. Any of the following conditions shall constitute a public nuisance:
(a) That which is defined as a nuisance in R.C. § 3767.01(C), which is incorporated herein by reference and made a part hereof.
(b) Premises or real estate, including vacant land, on which a felony violation of R.C. Chapter 2907, 2915, 2925, or 3719 occurs, regardless of whether there has been a conviction for said violation.
(c) Premises or real estate, including vacant land, utilized by a criminal gang as described in, and under circumstances defined by R.C. § 3767.02(B), which is incorporated herein by reference and made a part hereof.
(d) Any vehicle used for any illegal purpose.
(Ord. 13-01-001, passed 3-11-2013; Am. Ord. 18-04-025, passed 5-30-2018; Am. Ord. 21-03- 019, passed 4-26-2021; Am. Ord. 22-06-033, passed 8-8-2022)
§ 152.751 PROHIBITED ACTS.
(A) No person shall erect, continue, use or maintain a building, structure, or place for the exercise of trade, employment, or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public.
(B) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
(C) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure, a watercourse, stream, or water, or unlawfully divert such watercourse from its natural course or state the injury or prejudice of others.
(D) No person shall allow their lawn to grow longer than 6 inches.
(E) No person shall feed any stray animal on its property. Stray shall be defined as any animal not belonging to the property owner or is being harbored by the property owner.
(F) Cleaning up animal feces. Where the owner or person in charge or control of an animal shall immediately, and before taking such animal from the area where that animal defecates cleans the area and removes the feces disposing of it in a sanitary manner in a proper receptacle, any nuisance created by said defecation would be abated.
(G) No person shall keep a parking lot or facility that is open to the public in such a state of disrepair as to be dangerous to pedestrian and vehicle traffic.
(H) Penalty. Whoever violates this section shall be guilty of an unclassified misdemeanor carrying a maximum penalty of up to $500.
(Ord.16-06-024, passed 9-26-2016; Am. Ord. 17-07-046, passed 8-28-2017; Am. Ord. 18-02-015, passed 3-26-2018; Am. Ord. 21-03- 019, passed 4-26-2021; Am. Ord. 22-06-033, passed 8-8-2022)
§ 152.76 SCOPE.
(A) The provisions of this chapter shall govern those items that are considered nuisances as defined in § 152.75.
(B) This section is intended to protect the health, safety, and welfare in all existing residential and nonresidential structures, premises by:
(1) Establishing the minimum requirements for securing, mitigating, abating, and lessening the impact of structures and premises declared a public nuisance;
(2) Fixing the responsibility for securing, mitigating, abating and lessening the impact on owners, operators, and occupants of structures and premises declared a public nuisance, and;
(3) Providing for administration, enforcement and penalties.
(Ord. 13-01-001, passed 3-11-2013)
§ 152.77 INTENT.
This subchapter shall be construed liberally and justly to ensure the public health, safety, and general welfare.
(Ord. 13-01-001, passed 3-11-2013)
§ 152.78 OTHER REGULATIONS.
The provision of this subchapter shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe to standards other than provided herein.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.79
This subchapter shall not be deemed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any buildings deemed dangerous, unsafe or unsanitary.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.80 SAVINGS CLAUSE.
If any section, subsection, paragraph, sentence, clause, or phrase of this subchapter shall be declared invalid for any reason, such decision shall not affect the remaining portions of this subchapter which shall continue in full force and effect and the provisions of this code are declared severable.
(Ord. 13-01-001, passed 3-11-2013)
§ 152.81 PROCEDURE FOR SECURING AN OPEN STRUCTURE OR OTHER OPEN HAZARD.
Upon finding a vacant structure open to entry at doors, windows, or other points of public safety, the Zoning shall make recommendation to the Safety Service Director to immediately secure such structure or hazard. The Safety Service Director may call on any department, division, bureau of the city, or may arrange by private contract for whatever assistance may be necessary to secure such structure or hazard as recommended by the Building Commissioner, and the following provisions shall apply;
(A) If directed to secure such structure or hazard by the Safety Service Director, the Building Commissioner shall have probable cause to enter on the premises for the purposes of securing said vacant structure or hazard. Photographs of the structure or hazard shall be taken prior to securing it, and those photographs shall be files appropriately with the City.
(B) Twenty-four hours prior to securing a vacant structure or hazard, the Building Commissioner shall serve a written notice on the owner in the manner provided by § 152.84(B)(4), provided however, that prior notice shall not be required if the Safety Service Director determines that such structure or hazard poses an imminent threat to public safety requiring emergency measures to secure the same, in which case notice shall be served within 24 hours after securing the same. Any notice under this subsection shall inform the owner of:
(1) The date on which such structure was found open to entry or such open hazard was found, and of the date and estimated time of when the securing of the structure will occur;
(2) The estimated cost to be incurred in securing the structure or hazard and that the city will recover such costs in the manner prescribed by § 152.87; and
(3) The right to appeal the said notice to the board of Building Appeals by making a written demand to the Safety Service Director with 15 days after receipt of the notice.
(C) As soon as practicable after securing of a vacant structure or hazard, the Building Commissioner shall serve additional written notice on the owner in the manner provided in § 152.84(B)(1), (2), or (3). The notice shall inform the owner of:
(1) The date on which such structure was found open to entry or such open hazard was found and of the date when such structure or hazard was secured;
(2) The actual cost incurred in securing the structure or hazard and that the city will recover such costs in the manner prescribed by § 152.87; and
(3) The right to appeal the said notice to the Board of Building Appeals by making written demand to the Safety Service Director within 15 days after receipt of the notice.
(D) Upon an appeal to the Board of Building Appeals, the Board may:
(1) Sustain the recommendation by the Building Commissioner; or
(2) Find that the action taken to secure the structure was unconstitutional, illegal, arbitrary, capricious, or unreasonable.
(E) If the Board of Building Appeals does not sustain the recommendation of the Building Commissioner, the costs incurred in securing the structure or hazard shall be paid from city funds specifically authorized by the city for such purposes.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.82 PROCEDURE FOR ABATEMENT OF A PUBLIC NUISANCE BY CONDITION.
(A) Whenever the Building Commissioner suspects the existence of a public nuisance in the City as defined in § 152.75, the Building Commissioner or a designee shall promptly inspect the premises on which the public nuisance is suspected to exist. Should the Building Commissioner find that a public nuisance does exist, it shall be the duty of the Building Commissioner or a designee to photograph such a public nuisance and to file with the city the inspector's photographs and the written report of the findings. The Building Commissioner shall notify the owner pursuant to § 152.84(B)(2), (3), or (4). The notice shall state the findings with respect to the existence of a public nuisance and that unless the owner(s) thereof abate the public nuisance at the owner's expense. The Building Commissioner may also order the owner to take such measures as are reasonably necessary to lessen the severity of the public nuisance. If the owner fails or refuses to comply with such order, the city may abate or lessen the public nuisance's severity through rehabilitation, repair, or removal of the building, structure, or nuisances at the owner's expense. Abatement by the owner shall, on the issuance of a special nuisance abatement permit or special demolition permit, start 15 days after service of such notice and shall complete within the time prescribed in § 152.84 or such additional time as the Building Commissioner may deem necessary to complete the abatement.
(B) Whenever the Building Commissioner determines the existence of a public nuisance as defined in § 152.75, the Building Commissioner or designee shall serve a written notice on the owner and/or other responsible person, stating the findings with respect to the existence of a public nuisance and ordering the owner and/or other responsible person, to abate the public nuisance within 15 days. Whenever the issues raised by the written notice and order have been finally determined, the Building Commissioner may recommend to the Safety Service Director the abatement of the public nuisance in the manner provided R.C. Chapter 3767. Upon the Zoning Administrator's recommendation, the Safety Service Director shall determine if such assistance is warranted and may authorize the Law Director to pursue the same. If the owner and/or other responsible person fails or refused to comply with the order to abate the public nuisance, the Building Commissioner may, in addition to proceeding as provided hereinabove, proceed against the owner for any violations of the Building Code.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.83 PROCEDURE FOR ABATEMENT OF A PUBLIC NUISANCE BY ACTIVITY OR USE.
(A) Whenever the Building Commissioner suspects the existence of a public nuisance in the city as defined by § 152.75, the Building Commissioner or a designee shall, with the assistance of the Police Department (if necessary), promptly inspect the premises on which the public nuisance is suspected to exist. Should the Building Commissioner find that a public nuisance does exist; it shall be the duty of the Building Commissioner or a designee to file with the city a written report of the finds along with any documented previous activity on file with the Police Department. The Building Commissioner shall notify the owner pursuant to § 152.84(B)(2), (3), or (4), and the notice shall state the findings with respect to the existence of a public nuisance and order the owner to take such measures as are reasonably necessary to lessen the severity of the public nuisance.
(B) Whenever the Building Commissioner, with assistance from the Police Department (if necessary), determines that the continued existence of a previously identified public nuisance as defined in § 152.75 remains, the Building Commissioner or designee may serve a written notice on the owner and/or other responsible person, stating the findings with respect to the existence of public nuisance, and ordering the owner and/or other responsible person, to abate the public nuisance within 15 days. Whenever the issues raised by the written notice and order have been finally determined, the Building Commissioner may recommend to the Safety Service Director the abatement of the public nuisance in the manner provided in R.C. Chapter 3767. Upon the Building Commissioner's recommendation, the Safety Service Director shall determine if such assistance is warranted, and may authorize the Law Director to pursue the same. If the owner and/or other responsible person fails or refuses to comply with the order to abate the public nuisance, the Building Commissioner may, in addition to proceeding as provided hereinabove, proceed against the owner for any violation of the Building Code.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.84 SERVICE OF NOTICE.
(B) Unless otherwise specified herein, written notices pursuant to this subchapter shall be served on the owner and/or other responsible person:
(1) Personally;
(2) By certified mail addressed to the owner at the owner's last known place of residence as appearing in the records of the city;
(3) At the owner's tax mailing address as indicated on the county tax duplicate; or
(4) By posting a copy of the notice in a conspicuous place on the structure or promises to which it relates.
(C) If notices mailed are returned un-served, then a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county.
(D) The Building Commissioner shall complete a certificate of service which shall set forth the name and address of the persons served, the manner of service, and the date thereof.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.85 ABATEMENT OF NUISANCE BY OWNER.
(A) On being served notice of a public nuisance as defined in § 152.75, the owner may, within 15 days after receipt of notice, apply in writing to the Building Commissioner for a temporary special nuisance abatement permit to abate the public nuisance. Upon reviewing the Zoning Permit application, the Building Commissioner shall issue the temporary special nuisance abatement permit, which shall state the time frame of 30 days, during which time the applicant must either abate the nuisance or make application to the city for such additional permits as may be necessary to abate the nuisance.
(B) The owner shall furnish to the city adequate plans and specifications as required to cover the repairs or replacements.
(C) Upon receipt of the building permit, the applicant shall apply for permanent special nuisance abatement permit from the city. This permit shall be valid for a period of 90 days and within that time the owner shall begin the repairs or replacements to abate the nuisance. The Building Commissioner may grant an extension to the special nuisance abatement permit, in writing if the owner shows reason or cause for the requested extension and the extension will more readily affect the repairs and/or replacements.
(D) Whenever permits are issued for repairs to the plumbing, electrical, heating and air conditioning, or similar systems in a nuisance structure, such permits shall be valid for a period of time not to exceed the unexpired term of the special nuisance abatement permit, or extension thereof, pursuant to subsection (c) of this section, notwithstanding any other provision of the Code to the contrary. In the event the said permits are issued for work which exceeds that which is necessary for the abatement of the nuisance, and if the nuisance is abated within the time provided in subsection (c) of this section, then the said permits shall remain valid, subject to the terms, provisions and limitations of the Building Code.
(E) On being served notice, the owner may within 15 days apply in writing or in person to Code Enforcement for a demolition permit to abate the nuisance completely by demolition and removal of the structure. The demolition permitted by the permit shall begin within 30 days from issuing the permit.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.86 DUTY TO VACATE PREMISES.
(A) Within 15 days after the city finally determines that a public nuisance as defined in § 152.75 exists:
(1) All persons responsible therefor shall vacate the premises;
(2) The owner(s) shall diligently evict all persons from the premises; and
(3) After the last person vacates the premises, no person shall be allowed to occupy the residence without the written authorization of the Van Wert City Engineer.
(Ord. 13-01-001, passed 3-11-2013; Am. Ord. 16-12-053, passed 1-9-2017) Penalty, see § 152.99
§ 152.87 APPEAL HEARING OF PUBLIC NUISANCE.
(A) All appeals under this section shall be heard by the Board of Building Appeals as set out in § 152.10.
(B) The owner or other responsible person named on a nuisance notice may, within 15 days after receipt of notice, or with 15 days after any other Building Commissioner determination made pursuant to this subchapter, demand in writing to the Building Commissioner for a hearing on any legal or factual issues relating to the nuisance notice or on any Building Commissioner determination made pursuant to the authority granted by this subchapter. The demand shall include the correct mailing address of the owner or person representing the owner. The hearing shall be scheduled within a reasonable time, not to exceed 30 days following receipt of the written demand.
(C) The hearing shall be conducted by the Board of Building Appeals.
(1) Sustain the finding that a public nuisance exists on the property and, if the public nuisance is of the type defined in § 152.75, order the abatement thereof by repair or replacement or removal of the use or condition found to constitute a public nuisance, or order the abatement thereof by demolition; or
(2) Sustain the finding that a public nuisance exists on the property and order that the structure be secured and the premises maintained so as to lessen the severity of the public nuisance; or
(3) Continue the matter for a period not to exceed 45 days for further investigation and disposition; or
(4) Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
(5) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(1) Sustain the finding that a public nuisance exists on the property and order the abatement thereof.
(2) Take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter.
(3) Reverse the finding that a public nuisance exists on the property and dismiss the case.
(4) Determine that the owner of the real property or personal property used in furtherance of the public nuisance was, in good faith, innocent of knowledge of the use of such property as a nuisance and that, with reasonable care and diligence, such owner could not have known thereof, and dismiss the case with respect to that owner.
(F) The Board of Building Appeals shall mail a copy of the decision, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, to keep the secretary of the Board of Building Appeals apprised of his or her current mailing address. For the purpose of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.88 ABATEMENT OF NUISANCE BY THE CITY.
Should a nuisance, as defined by § 152.75, not be abated at the expiration of the time stated in the notice, or expiration of the time stated in the temporary or permanent special building permit or demolition permit, or any extension granted by the Building Commissioner or such time as the Board of Building Appeals may grant:
(A) The Building Commissioner, with the approval of the Safety Service Director, shall have authority to demolish, remove the structure, or take other such actions appropriate to abate or lessen the severity of the public nuisance, should the nuisance, as defined in § 152.75, continue past the time stated in the notice, special nuisance abatement permit, special demolition permit, extension granted by the Building Commissioner, or such additional time granted by the Board of Building Appeals. In abating such nuisance, the Building Commissioner with the approval of the Safety Service Director may call upon any department, division, or bureau of the city for whatever assistance necessary to abate such public nuisance. The Building Commissioner with the approval of the Safety Service Director may also privately contract for services to take such other action as may be deemed appropriate to abate or lessen the severity of the public nuisance. The cost of the contract will be paid for from city funds specifically authorized by the Safety Service Director to be used for that purpose. Should the nuisance structure or premises catch fire between the time it is declared a nuisance and is fully abated, the cost of abating or lessening the severity of the public nuisance shall include the reasonable cost of abating or lessening the severity of such public nuisance in the manner provided in subsection (b) hereof.
(B) The city shall recover the cost of abating, lessening the severity of such public nuisance, or of such other action taken by the city pursuant to this chapter in the following manner:
(1) The city shall bill the owner(s) directly by certified mail for the cost of abating or lessening the severity of such public nuisance. The owner(s) shall pay the bill within 60 days after receipt of same.
(2) If the bill is not paid within 60 days, the city may collect the cost by any of the following methods:
(a) The city may levy as an assessment and recover in accordance with R.C. § 715.261 the cost of abating or lessening the severity of such public nuisance.
(b) The city may bring a civil action to recover the cost from the owner, as provided in R.C. § 715.261.
(Ord. 13-01-001, passed 3-11-2013)
§ 152.89 ADOPTION OF PROCEDURES IN R.C. § 3929.86 (C) AND (D).
This section incorporates, adopts by reference, and makes part of this chapter with the same force and effect as though set out in full herein, the provisions of Chapter 152 of the Van Wert City Code of Ordinances, with respect to the procedures contained in R.C. § 3929.86(C) and (D), relating to recovery of costs incurred by the city in repairing, removing, or securing fire damaged buildings or other structures.
(Ord. 13-01-001, passed 3-11-2013)
§ 152.90 ILLEGAL OCCUPANCY OF A PUBLIC NUISANCE.
(A) No owner or other person shall occupy, let permit to be occupied, or let by another for occupancy any structure declared by the city as a public nuisance without first applying for and obtaining the written consent of the Building Commissioner. The Building Commissioner shall consent when:
(1) All violation of all applicable housing, building, and other health and safety codes of the city and state have been corrected;
(2) When any injunctions obtained against use or occupancy have been dissolved; and
(3) When all parties have complied with all applicable requirements of § 152.86 (duty to vacate premises).
(Ord. 13-01-001, passed 3-11-2013)
§ 152.91 UNAUTHORIZED ENTRY UPON NUISANCE PREMISES.
(A) Unless the owner(s) has upon their person a written authorization granted by the Zoning Administrator, they shall not enter in or be present upon any building or premises posted with a notice identifying the building or promises as a public nuisance.
(B) It shall be an affirmative defense to a violation of this section that the person was the owner, or was authorized by the owner to be present on the said premises, and that one of the persons present had the required written authorization on his/her person at the time.
(C) The officers, agents, and employees of the city, state, or federal government, or any political subdivision or of any public utility are exempt from the requirement of this section while in the course of their employment.
(D) Written authorization, as provided in this section, shall be issued by the Building Commissioner to any person who provides documentation, on its face, that such a person is either an owner of the premises or is authorized by the owner to be present, or to any person who applies and pays for any permit to do work on the premises.
(E) Written authorization, as provided in this section, shall not be issued in connection with any property which has been declared a public nuisance as provided, unless all parties have complied with the vacate provision.
(Ord. 13-01-001, passed 3-11-2013) Penalty, see § 152.99
§ 152.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no other penalty is otherwise provided shall be fined not more than $150. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
(B) Whoever violates any provision of §§ 152.75 through 152.91 or fails or neglects to comply with a valid order issued pursuant thereto, shall unless otherwise provided, be fined not more than $300. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(1981 Code, § 152.999) (Ord. 6572-93, passed 12-13-1993; Am. Ord. 13-02-008, passed 3-11-2013)