West Carrollton City Zoning Code

CHAPTER 150

BUILDING CODE

FENCES AND WALLS

(EDITOR’S NOTE: Former Sections 150.60 to 150.69.1 were repealed by Ordinance 3459, passed November 9, 2010.)

NUISANCES RELATIVE TO PREMISES

(EDITOR’S NOTE: Former Sections 150.75 through 150.81 were repealed by Ordinance 3421, passed May 26, 2009. See Chapter 158 for relevant legislation.)

STREET ADDRESS NUMBERS

(EDITOR’S NOTE: Former Sections 150.85 and 150.86 were repealed by Ordinance 3421, passed May 26, 2009. See Chapter 158 for relevant legislation.)

§ 150.01 ADOPTION OF NATIONAL ELECTRICAL CODE.

(A) Except as hereinafter stated, the 2005 edition of the National Fire Protection Association's National Electrical Code (NEC) and any subsequent revisions of such code or amendments thereto, is adopted by reference for the purpose of safeguarding persons and property from hazards arising from the use of electricity in the city.

(B) Prior to the commencement of any work covered by the provisions of the National Electrical Code, a permit shall be obtained by the property owner or a legal agent for the property owner.

(Ord. 3288. Passed 2-8-05.)

§ 150.02 ADOPTION OF INTERNATIONAL BUILDING CODE (IBC).

(A) Except as hereinafter provided, the latest edition as published of the International Building Code (IBC) and any subsequent amendments thereto, is adopted by reference by the City in order to provide for the safety of the citizens from all the hazards incident to the design, erection, repair, removal, demolition, or use and occupancy of buildings, structures, or premises.

(B) Prior to the commencement of any work under the IBC Code, the property owner or a legal agent for the property owner must obtain a permit for the work.

(Ord. 3288. Passed 2-8-05.)

§ 150.025 ADOPTION OF RESIDENTIAL CODE OF OHIO.

(A) Except as hereinafter provided, the most current State mandated version of the Residential Code of Ohio is adopted by reference by the City in order to provide for the safety of the citizens from all hazards incident to the design, erection, repair, removal, demolition, or use and occupancy of buildings, structures or premises.

(B) Prior to the commencement of any work covered under the Residential Code of Ohio, the property owner or a legal agent for the property owner shall obtain a permit.

(Ord. 3329. Passed 5-23-06.)

§ 150.03 ADOPTION OF OHIO BUILDING CODE.

(A) Except as hereinafter provided, the state mandated edition of the Ohio Building Code and any subsequent amendments thereto, is adopted by reference by the City in order to provide uniform minimum standards and requirements for the erection, construction, repair, alteration, and maintenance of buildings, structures, or premises in the City.

(B) Ohio Building Code and appendices shall be enforced by the City, excepting only the Plumbing Chapters.

(C) The Chief Building Inspector is authorized and directed to delegate to the proper department of Montgomery County, Ohio, the authority to issue permits for and make inspections of plumbing within the City, to insure compliance with the Unified Building Code adopted by Montgomery County pursuant to § 108.03 of such Building Code or other codes as may be adopted by Montgomery County.

(D) Prior to the commencement of any work covered by the Ohio Building Code, a permit shall be obtained by the property owner or a legal agent for the property owner.

(E) A final inspection and approval must be obtained before the use or occupancy of any equipment or structure.

(Ord. 3288. Passed 2-8-05.)

§ 150.035 ADOPTION OF OHIO MECHANICAL CODE.

(A) Except as hereinafter provided, the state mandated edition of the Ohio Mechanical Code and any subsequent amendments thereto, is adopted by reference by the City in order to provide uniform minimum standards and requirements for the erection, construction, repair, alteration, and maintenance of buildings, structures or premises in the City.

(B) Prior to the commencement of any work covered by the Ohio Mechanical Code, a permit shall be obtained by the property owner or a legal agent for the property owner.

(Ord. 3288. Passed 2-8-05.)

§ 150.04 CONFLICT OF PROVISIONS.

(A) In the event of a conflict between any requirements of the National Electrical Code, the International Building Code, the Residential Code of Ohio, the Ohio Building Code, or the Ohio Mechanical Code, the more stringent requirements shall be applicable and enforced.

(Ord. 3329. Passed 5-23-06.)

(B) Nothing contained in the provisions of this chapter shall relieve or be interpreted as relieving any person, firm, or corporation from complying with all other ordinances, laws, rules, and regulations of the city or other government agencies, whether now in force or hereafter enacted, regulating and governing the issuance of building permits for the construction of residential, commercial, business, or industrial structures in the city.

(Ord. 3288. Passed 2-8-05.)

§ 150.05 PLAN REVIEW FEE SCHEDULE FOR CONSTRUCTION UNDER THE OHIO BUILDING CODE.

(A) The fee for a plan review shall be at the current hourly rate of the city's designated plans examiner for each hour or part thereof.

(B) The plan review fee is designed to reflect costs incurred for this service, and the fee is nonrefundable.

(C) The applicant for any Zoning Certificate for new construction of, addition to, or demolition of a principal structure within the Heritage District and the Conservation District shall pay the City a plan review fee for the cost of architectural review of the proposal as required by Sections 154.10.481 through 154.10.502 and 154.15.01 through 154.15.10. This cost shall be as set forth in Section 37.23 of Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton. (Ord. 3346. Passed 7- 10-07; amend. Ord. 3436. Passed 12-22-09.)

§ 150.06 PLAN REVIEW FEE SCHEDULE UNDER THE RESIDENTIAL CODE OF OHIO.

(A) The fee for a plan examination of one, two, and three family structures shall be as set forth in Section 37.24 of Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton.

(B) The applicant for any Zoning Certificate for new construction of, addition to, or demolition of a principal structure within the Heritage District and the Conservation District shall pay the City a plan review fee for the cost of architectural review of the proposal as required by Sections 154.10.492 and 154.15.01 through 154.15.10. This cost shall be the actual cost which the City paid the architectural consultant to review the proposal and shall be paid at the time the permit is approved by the City. (Ord. 3346. Passed 7-10-07; amend. Ord. 3436. Passed 12-22-09.)

§ 150.07 PERMIT FEE SCHEDULES.

The permit fees as set forth in Section 37.25 of Chapter 37, General Fee Schedule of the Codified Ordinances of the City of West Carrollton shall apply.

(Ord. 3436. Passed 12-22-09.)

§ 150.08 DUTIES OF BUILDING INSPECTOR; FLOOD AREAS.

(A) The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that is a flood hazard, any proposed new construction or substantial improvement, including prefabricated and mobile homes, must:

(1) Be designed, or modified and anchored to prevent flotation, collapse, or lateral movement of the structure;

(2) Use construction materials and utility equipment that are resistant to flood damage; and

(3) Use construction methods and practices that will minimize flood damage.

(B) The Building Inspector, Miami Conservancy, and the Planning Commission shall review subdivision proposals and other proposed new developments to assure that:

(1) All proposals are consistent with the need to minimize flood damage;

(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and

(3) Adequate drainage is provided so as to reduce exposure to flood hazards.

(C) The Building Inspector shall require new or replacement water supply systems and sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (Ord. 3288. Passed 2-8-05.)

§ 150.09 VIOLATIONS AND ENFORCEMENT.

(A) No person shall:

(1) Violate any provision of these codes or fail to comply with any of the requirements of these codes; or

(2) Erect, construct, alter, repair, or do any work upon or in connection with any structure in violation of an approved plan or statement of specifications therefor; or

(3) Fail to obey any legal order of any officer charged with the enforcement of these codes. (Ord. 3288. Passed 2-8-05.)

(B) Nothing contained herein or in the Ohio Building Code, the National Electrical Code, the Residential Code of Ohio, or the International Building Code shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred, nor cause or causes of action accrued or existing under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by the adoption of any provision hereof.

(C) The Building Inspection Department is hereby authorized to enforce the provisions of the Ohio Building Code, the National Electrical Code, the Residential Code of Ohio, and the International Building Code adopted herein and to enforce all subsequent amendments to such codes.

(D) The Clerk of Council is hereby directed to keep one copy of the National Electrical Code, the Residential Code of Ohio, the International Building Code, the Ohio Building Code, and the Ohio Mechanical Code, and any amendments thereto on file for inspection by any member of the public.

(Ord. 3329. Passed 5-23-06.)

§ 150.10 BUILDING PERMIT FEE.

There is hereby established a fee of 1/2 of 1% estimated cost of construction, to be paid on each building permit issued for the construction of a residence structure, including but not limited to multiple-family dwellings in the city. ('70 Code, § 1311.01)

§ 150.11 USE OF FEES.

All fees shall be used for the acquisition, purchase, development, and equipping of existing and future parks and park sites in the city. However, no part of the fees may be used for the purpose of paying salaries or wages. ('70 Code, § 1311.02)

§ 150.12 PARK AND RECREATION CAPITAL IMPROVEMENT FUND.

A parks and recreation capital improvement fund is established, into which all fees collected under this chapter shall be paid. ('70 Code, § 1311.03)

§ 150.13 FEE REQUIRED PRIOR TO PERMIT ISSUANCE.

No building permit for the construction of a residence structure, including but not limited to multiple-family dwellings in the city, shall be issued unless and until the fee provided for in this chapter is paid. ('70 Code, § 1311.04)

§ 150.14 CONFLICT.

Nothing contained in this chapter shall relieve or be interpreted as relieving any person, firm, or corporation from complying with all other ordinances, laws, rules, and regulations of the city or other governmental agencies, whether now in force or hereafter enacted, regulating and governing the issuance of building permits for the construction of residence structures and/or commercial, business, or industrial structures, in the city. ('70 Code, § 1311.05)

§ 150.15 CITY INTERESTS PROTECTED.

Nothing contained in this chapter shall affect or be interpreted as affecting the right, title, and interest acquired by the city in and to any of the areas heretofore purchased by or dedicated to the city by developers. ('70 Code, § 1311.06)

§ 150.20 PERMIT REQUIRED.

No person shall commence any work on moving or preparing for moving any building from or to any site within or without the limits of the city, through the streets or over public property, without first securing a permit therefor from the Council. ('70 Code, § 1313.01) Penalty, see § 150.99 (A)

§ 150.21 APPLICATION INFORMATION; OUTSIDE CORPORATE LIMITS.

Any person desiring to move any building through the city to a site located outside of the corporate limits of the city shall make application to Council, submitting the following exhibits:

(A) The location of the building to be moved, before it is moved, the proposed streets or other public property over which the building will be moved, the designation of the location to which the building will be moved.

(B) The location of all sidewalks, curbs, culverts, and bridges over which the building will be moved.

(C) The total combined weight of the building to be moved and the moving vehicle and the total height and width of the building in place on the moving vehicle. ('70 Code, § 1313.02) Penalty, see § 150.99 (A)

§ 150.22 APPLICATION INFORMATION; WITHIN CORPORATE LIMITS.

Any person desiring to move any building to any site located within the corporate limits of the city shall make application to Council, submitting the following exhibits:

(A) The location of the building to be moved, before it is moved; the proposed streets or other public property over which the building will be moved; the designation of the location to which the building will be moved.

(B) The location of all sidewalks, curbs, culverts, and bridges over which the building shall be moved.

(C) The total combined weight of the building to be moved and the moving vehicle and the total height and width of the building in place on the moving vehicle.

(D) Photographs of the building to be moved.

(E) Photographs of all adjoining buildings within 200 feet of the proposed lot or site.

(F) Plot plan of the lot showing the proposed location of construction and exact lot and building dimensions.

(G) Floor plan of the building to be moved, with exact dimensions.

(H) Plans of any remodeling.

(I) List of the property owners, with names and addresses, within 200 feet of the proposed site. ('70 Code, § 1313.03) Penalty, see § 150.99 (A)

§ 150.23 PUBLIC MEETING FOR PROPERTY OWNERS IN CLOSE PROXIMITY.

Where a building is proposed to be moved to a site within the city, Council may notify all property owners within 200 feet of the proposed site of a public meeting to be held to receive comments of the parties notified. ('70 Code, § 1313.04)

§ 150.24 COUNCIL DECISION ON APPLICATION.

Council shall, within 30 days after the hearing set forth in § 150.23, make its decision of approval or disapproval of the building moving permit application. ('70 Code, § 1313.05)

§ 150.25 FEE REQUIRED.

No building moving permit shall be granted until a fee as set forth in Section 37.26, of Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton is paid to the city by the applicant therefor. ('70 Code, § 1313.06 ; amend. Ord. 3436. Passed 12-22-09.) Penalty, see § 150.99 (A)

§ 150.26 BOND REQUIRED.

No building moving permit will be granted until the applicant therefor has posted a bond, with sufficient sureties thereon, payable to the city, in a principal sum to be fixed by council, insuring the city against any and all damage to public property occasioned by the moving. ('70 Code, § 1313.07)

Penalty, see § 150.99 (A)

§ 150.27 LIABILITY INSURANCE.

No building moving permit will be granted until the applicant therefor shall have furnished to Council, to its satisfaction, evidence that the applicant is covered against general liability, including personal injury and property damage to third parties, in an amount to be determined by Council, but in no event, to be less than $100,000/$200,000. ('70 Code, § 1313.08) Penalty, see § 150.99 (A)

§ 150.28 COUNCIL RECOMMENDATIONS FOR MOVING.

Council may prescribe conditions, requirements, routes, and precautions, the day or days and the hours of the day during which the moving operations shall be conducted, as deemed necessary in the public interest, and all moving shall be performed in conformity therewith. ('70 Code, § 1313.09) Penalty, see § 150.99 (A)

§ 150.29 INSPECTOR OF BUILDING MOVING.

Whenever deemed necessary in the public interest, Council or the City Manager may require that the moving operations be conducted in the presence and under the supervision of an inspector of building moving, designated by it or him, who shall perform the required services at the cost of the person doing the moving or the owner of the property being moved. ('70 Code, § 1313.10)

§ 150.30 LEAVING STRUCTURE ON PUBLIC PROPERTY.

No person shall permit any building or other structure or part thereof, to stand on any street or other public property for a period longer than that prescribed in the permit therefor. ('70 Code, § 1313.11) Penalty, see § 150.99 (A)

§ 150.31 APPLICATION OF BUILDING CODES.

All applicants for a building moving permit shall, in addition to the fee charged herein, be subject to the provisions of the codes adopted in §§ 150.01, 150.02, and 150.03, and shall secure building permits for any building or buildings to be located within the corporate limits. ('70 Code, § 1313.12; amend. Ord. 2194, passed 3-11-80) Penalty, see § 150.99 (A)

§ 150.32 APPLICATION OF SUBDIVISION AND ZONING CODE.

All persons moving any house or building to any site within the corporate limits shall be subject to the provisions of the subdivision code and the city zoning code, where applicable. ('70 Code, § 1313.13)

Penalty, see § 150.99 (A)

§ 150.40 DEFINITIONS.

For the purpose of §§ 150.41 through 150.58, the following words and phrases shall have the following meanings ascribed to them respectively.

(A) DEPARTMENT OF HEALTH. The Montgomery County Board of Health. The county board of health inspectors or county health commissioner shall have the final control of all plumbing, sanitary, or health facilities and problems within any trailer camp or court.

(B) HOUSE TRAILER. Any vehicle used by one or more persons as sleeping or living quarters, mounted on wheels or to which wheels have been or may be applied, and capable of being propelled either by its own power or by power applied to it. Without limiting the generality of the foregoing definition, any street or traction car used for sleeping or living quarters shall be considered, for purposes of this chapter as a house trailer.

(C) SELF-CONTAINED HOUSE TRAILER. Any vehicle used by one or more persons as sleeping or living quarters and which contains all necessary sanitary, cooking, and other living facilities within the vehicle, and does not require connection to any outside source, other than an electric connection to an outside generator.

(D) TRAILER TOURIST CAMP. Any plot or parcel of ground which meets all regulations and requirements hereinafter prescribed and which has a valid and subsisting permit, issued by the city manager, to operate the same for the convenience of 2 or more house trailer owners and residents. ('70 Code, § 1317.01; amend Ord. 1763, passed 1-23-73)

§ 150.41 LOCATION OF HOUSE TRAILER.

(A) Except as provided in § 150.55, no person shall use for human habitation within the city any house trailer, unless it is located in an approved trailer tourist camp, and unless it is used in strict compliance with the regulations hereinafter prescribed for the operation of trailer tourist camps.

(B) No person, firm, or corporation owning or operating a camp car or trailer located in the city shall remove or cause to have removed the wheels or any similar transporting devices from the camp car or trailer, or otherwise permanently fix it to the ground in a manner that would prevent the ready removal of the camp car or trailer. ('70 Code, § 1317.02) Penalty, see § 150.99 (C)

§ 150.42 PERMIT REQUIRED FOR TRAILER TOURIST CAMP.

No person, firm, or corporation shall establish, maintain, operate, or conduct within the city any trailer tourist camp on any plot or parcel of land, for use of transients or other persons by the day, week, or season, whether charge is or is not made, who does not possess a valid permit issued by the city manager to do so, and unless the same shall be conducted in strict compliance with the permit and all provisions of law or ordinance relating to the same. ('70 Code, § 1317.03) Penalty, see § 150.99 (C)

§ 150.43 APPLICATION FOR PERMIT.

(A) Any person or persons, firm, or corporation hereafter applying for a permit to establish, maintain, operate, or conduct within the city a trailer tourist camp, shall file with the city manager a written application for the permit, and shall include a complete plan of the proposed camp showing:

(1) Legal boundaries of the area to be used for camp purposes;

(2) Proposed entrance and roadways or driveway;

(3) Proposed locations or sites for house trailers;

(4) Location of all proposed sanitary conveniences, laundry buildings, and slop sinks, basins, incinerator, and fire extinguishers;

(5) Plan for water supply;

(6) Proposed method of sewage and surface drainage disposal;

(7) Plan for electric lighting;

(8) Typical plan for proposed buildings to house toilets, shower baths, washrooms, and laundry, and a statement of the proposed method to be used for the disposal of garbage and other refuse.

(B) The application shall be filed by the owner, manager, or proprietor of the camp and sworn to before a notary public. The person filing the application and making the affidavit before a notary public shall be the person in charge of the camp and responsible for the upkeep, maintenance, and sanitary condition thereof. Any change in management of the camp shall be registered with the city manager by sworn affidavit of the new proprietor or manager. The application for permit shall be accompanied by a fee of $75 for 5 units or less, plus $40 for each additional 5 units or fraction thereof, which fee, if a permit is subsequently issued, shall be applied to the permit fee, otherwise to be returned to the applicant. ('70 Code, § 1317.04) Penalty, see § 150.99 (C)

§ 150.44 INVESTIGATION AND APPROVAL OF CAMP.

The city manager shall cause a complete inspection of the complete trailer tourist camp to be made, and shall determine that all installations have been made in accordance with the approved camp plan and in accordance with all other regulations and requirements hereinafter set forth, prior to final approval and issuance of the permit for the operation and occupancy of the camp. ('70 Code, § 1317.05)

§ 150.45 ISSUANCE OF PERMIT.

Upon final approval of the trailer tourist camp by the city manager, he may issue the permit therefor. The permit shall be for a period of one year and the fee therefor shall not be prorated for any less period. ('70 Code, § 1317.06)

§ 150.46 PROXIMITY TO RESIDENCE DISTRICT.

Any trailer tourist camp hereafter established within the city shall be at least 600 feet from any residence district, unless separated therefrom by a natural or artificial barrier such as a river, railroad, levee, embankment, etc. ('70 Code, § 1317.07)

Penalty, see § 150.99 (C)

§ 150.47 LOCATION OF TOURIST CAMP.

All land used as a tourist camp shall be located on well drained sites of ample size, and free from heavy or dense growth of brush or weeds. The land shall be properly graded so as to insure rapid drainage during and following rain, and shall be drained so as to be free from stagnant pools of water. ('70 Code, § 1317.08) Penalty, see § 150.99

§ 150.48 MINIMUM AREA FOR INDIVIDUAL HOUSE TRAILERS.

In tourist or house trailer parks hereafter constructed, changed, or added to, each house trailer shall be allocated an area of not less than 1,250 square feet. The individual house trailer lot boundaries shall be indicated by corner markers. The site shall be level, free from rocks, and well drained. No house trailer shall be located:

(A) Closer than 20 feet to any street property line or any adjacent property line;

(B) Closer than 6 feet to any individual house trailer lot boundary line; and

(C) Closer than 10 feet to any other house trailer, building, slop sink, garbage or refuse depository or water faucet within the defined camp. ('70 Code, § 1317.09) Penalty, see § 150.99 (C)

§ 150.49 FENCE REQUIRED FOR TRAILER CAMP.

Each trailer camp or court shall be separated from all adjoining properties with a woven wire fence not less than 5 feet in height. ('70 Code, § 1317.10)

Penalty, see § 150.99 (C)

§ 150.50 SANITARY AND OTHER FACILITIES.

Each camp for which a permit is issued shall provide at locations hereinafter defined: toilets, urinals, wash basins, slop sinks, showers or baths, water faucets, etc., in accordance with the following specifications:

(A) One toilet or stool for each sex for every 15 house trailer units or fraction thereof.

(B) Each toilet room provided for men shall have in addition, one urinal stall.

(D) One shower or bathtub shall be provided for each sex for each 15 house trailer units or fraction thereof.

(E) All toilets, basins, showers, baths or laundry facilities shall be placed in properly constructed buildings located not more than 300 feet from any house trailer unit.

(F) Buildings shall be well lighted at all times, day or night, well ventilated with screened openings and constructed of the moisture-proof material, including well painted woodwork, as shall permit rapid and satisfactory scouring and washing.

(G) The floors shall be of concrete or similar material, elevated not less than 4 inches above ground level and each room provided with floor drains.

(H) Slop sinks or basins with water supply shall be provided in numbers and constructed in accordance with the design, size, and material as required by the department of health, and the same shall be located not more than 150 feet from each trailer unit.

(I) All plumbing installations shall be made in accordance with the requirements set forth in the plumbing code of the state.

(J) Toilet facilities for men and women shall either be in separate buildings at least 20 feet apart or shall be separated, if in the same building, by a soundproof wall.

(K) A cement platform of adequate and approved size, completely draining to a catch basin, shall be provided to be used for draining waste water tanks and for the washing of automobiles and house trailers. No waste water shall be discharged from any waste tanks upon the ground or any other place, except on the cement platform. Each platform shall be flushed as often as necessary to keep it clean and in a sanitary condition. ('70 Code, § 1317.11)

Penalty, see § 150.99 (C)

§ 150.51 REFUSE AND SEWAGE DISPOSAL.

(A) All garbage and waste shall be disposed of in accordance with the regulations of the city garbage and other refuse collection service, or otherwise removed from the premises in accordance with any other regulations which may be deemed necessary by the city manager.

(B) Covered solid metal garbage pails and covered solid metal rubbish containers shall be provided and shall be of the capacity and number as to properly take care of all garbage and refuse emanating from the house trailers intended to be serviced.

(C) All drains from showers, sinks, or toilets, wherever the connection is available, must be connected with the city sewer system in a manner approved by the city manager. Where a sewer is not available, a connection shall be made with a septic tank of the construction, capacity, and location as shall meet with the approval of the city manager.

(D) The use of any type of chemical toilets or other similar fixtures in house trailers, prohibited.

(E) No fires at any time shall be so located as to endanger automobiles or other property. No fires shall be left unattended at any time, and all fires shall be completely extinguished before leaving.

(F) An approved incinerator shall be furnished in accordance with specifications or regulations by the safety committee of council for the burning of all combustible waste or rubbish, unless daily removal of all waste, rubbish, trash, etc. is provided. ('70 Code, § 1317.12) Penalty, see § 150.99 (C)

§ 150.52 WATER SUPPLY.

(A) Each trailer tourist camp shall be provided with an adequate supply of water furnished through an approved pipe distribution system connected directly with city water mains. No common drinking vessels shall be permitted. No drinking water faucets shall be placed in any toilet room or water closet compartment. Supply faucets should be located within at least 100 feet from any house trailer.

(B) Fire hydrants of a type approved by the city manager shall be provided so that no house trailer will be further than 300 feet from a fire hydrant, measured along any public or private street. ('70 Code, § 1317.13) Penalty, see § 150.99 (C)

§ 150.53 ENTRANCES AND ROADWAYS.

All entrances and exits from the camp shall be well marked and so arranged that they will not constitute a traffic hazard. All driveways within the tourist camp shall be hard surfaced and not less than 20 feet in width, well marked in the day time and lighted at night, and so located that each unit of the camp is easily accessible.

('70 Code, § 1317.14) Penalty, see § 150.99 (C)

§ 150.54 MANAGEMENT.

(A) Each trailer tourist camp shall be under the direct management of the owner, his agent or representative. The person or persons must be of good reputation and character and shall operate the camp from an office located on the grounds, and in which offices shall be maintained a record of all guests noting:

(1) Name and address of each occupant;

(2) License number of all units;

(3) State issuing the licenses;

(4) Statement indicating the exact previous location of the house trailer, (street, address, city and state).

(B) A copy of the registry shall be posted in or on the house trailer for which it is issued. The manager's copy shall be available for inspection by any person at all times, shall be neatly and securely maintained, and no record shall be destroyed until the expiration of a 12 month period following the date of registration.

(1) Provide for the collection and removal of garbage or other waste material;

(2) Prohibit the placing or storage of unsightly material or vehicles of any kind;

(3) Provide for the regular cleaning, painting, repairing, or disinfecting of all buildings within the camp area;

(4) Execute other measures as may be deemed necessary by the officials charged with the enforcement of this chapter to preserve the health, comfort, safety, and general welfare of all persons residing in the camp and of the general public;

(5) Cause each dog, cat, or other pet animal to be kept under control either by being tied up or confined in a proper enclosure;

(6) Report to the city manager all cases of diseases effecting any resident of the camp;

(7) Prevent the committing of any nuisance on the camp premises and report immediately to the proper authorities, all acts of a disorderly character committed by any person or persons within the camp;

(8) Adopt any measures necessary to prevent trespassing upon premises of adjacent property owner;

(9) Require that each trailer shall be equipped with a fire extinguisher approved for oil and electrical types of fire;

(10) Post copies of standard state rules (Ohio Sanitary Code regulations 260 through 290) in conspicuous places. ('70 Code, § 1317.15) Penalty, see § 150.99 (C)

§ 150.55 PARKING HOUSE TRAILERS.

(A) Overnight parking of house trailers shall be prohibited on any street or land in the city, except in an approved camp, provided that not more than one house trailer of a nonpaying guest of a resident of the city may park on the property of the resident for not exceeding 72 hours in one month, provided a police permit has been secured and the trailer is located not less than 10 feet from any building or other trailer. No inhabited house trailer shall be permitted in any trailer camp in the city for a period of time to exceed one month in each 12 months, unless the trailer is located in a trailer camp which is at least 600 feet from any residence district or unless the trailer camp is separated from the district by a natural or artificial barrier, such as a river, railroad, levee, embankment, etc.

(B) Parking and occupancy of self-contained house trailers shall be permitted on city owned or operated parks for occupancy by persons serving or operating recreational or other special events approved by the city, provided a permit has been secured from the Building Inspector prior to the occupancy of the trailer. A fee of $3 shall be charged for each permit issued hereunder and shall be issued under rules and regulations established by the City Manager. ('70 Code, § 1317.16; amend Ord. 1763, passed 1-23-73) Penalty, see § 150.99

§ 150.56 GENERAL REGULATING AUTHORITY.

(A) The City Manager or his duly designated representative shall at all times have the right to enter upon the premises of a trailer tourist camp.

(B) The City Manager may prescribe additional reasonable regulations governing the trailer camp or court operations as may become necessary to protect the safety, health, and welfare of the inhabitants. ('70 Code, § 1317.17)

§ 150.57 REVOCATION OR SUSPENSION OF PERMITS.

The City Manager may at any time, at his discretion or upon the request of the Department of Health, Chief of Police, Fire Chief or any city inspector, revoke or suspend a permit issued under the authority of this chapter for failure to comply with any requirements herein set forth.

('70 Code, § 1317.18)

§ 150.58 NOTICE; APPEAL.

In case of a revocation or suspension of a permit, a notice shall be served on the camp manager specifying his failure to comply and requesting him to appear before a board of review, composed of the City Manager, the Chief Building Inspector and a representative of the County Board of Health, not less than 72 hours after personal service of notice. The camp manager shall be required to show cause why the permit should not be revoked and he shall have the right to introduce relevant evidence as he may desire, and the board of review shall confront him with all charges placed against him. After the hearing, the board of review at its discretion may reinstate, revoke, or suspend the permit.

('70 Code, § 1317.19)

§ 150.70 DEFINITIONS.

(A) For the purpose of §§ 150.70 through 150.81, the following words and phrases shall have the following meaning ascribed to them respectively.

PUBLIC NUISANCE. Any fence, wall, shed, house, building, structure, or any part of the aforesaid, or the lot, lots, or parcel of land, basement, cellar, sidewalk subspace, dock, wharf, or landing dock which, in its entirety or in any part thereof, by reason of the condition in which the same is permitted to be or remain, 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 city, in any one or more of the following particulars:

(1) Being a nuisance to the general health of the community.

(2) Being a fire hazard.

(3) Being unsafe for occupancy or use on, in, upon, about, or around the aforesaid premises.

(4) 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 the property in the immediate vicinity to the extent that it is harmful to the community in which the structure is situated.

(`70 Code, Section 1321.01; amend. Ord. 2692, passed 1-10-89; amend. Ord. 2982, passed 7-11-95)

§ 150.71 ABATEMENT NOTICE; REMEDY; HEARING.

(A) Whenever the City Manager or his designee, determines that there has been a violation of any provision of § 150.70, in the city, he shall give legal notice of such violation to the person or persons responsible therefor, and require compliance with the ordinance, as hereinafter provided. Such legal notice and requirements shall be served upon the owner, occupant, or agent, in person. However, this notice 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 his last known mailing address, residence, or place of business, or a copy is posted in a conspicuous place in or on the premises affected. If a registered or certified mail envelope is returned with an endorsement showing that service was refused, the notice may be served by ordinary mail to his last known mailing address, residence or place of business. The mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on the date of mailing. If the registered or certified mail envelope is returned with an endorsement showing that the service was unclaimed, the notice may be served by ordinary mail to his last known mailing address, residence or business. The mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on the date of mailing, provided that the ordinary mail envelope is not returned to the postal authorities with an endorsement showing failure of delivery. If service of the written notice is unable to be perfected by any of the hereinbefore methods, the City Manager or his designee shall cause the notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks or a copy of the notice may be posted on the premises.

(B) The aforesaid notice shall state, in brief, the findings of the above mentioned officer or officers of the city with respect to the existence of a public nuisance, as defined in § 150.70, and shall further state that unless the owner or owners thereof shall cause the abatement of the public nuisance within 30 days after the service of the notice, the same will be abated by the city at the expense of the owner or owners. The owner or owners may at any time after receipt of the notice make a request in writing or in person to the City Manager or his designee, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement, and/or removal. (Ord. 2982. Passed 7-11-95.)

(C) The owner or owners may make immediate application in writing or in person to the City Manager or his designee for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The City Manager or his designee, upon receiving the complete plans and specifications covering the repairs or replacements, indicating abatement of the nuisance conditions and in conformity with the Ohio Building Code, the Residential Code of Ohio, or the National Electric Code shall, upon approval of the plans and specifications, cause a building permit to be issued to the owner or owners. The City Manager or his designee may grant more than 30 days to the owner or owners, in which to effect the repairs and/or replacements and/or removal, if there appears to be a bona fide intention to abate the nuisance and good cause for a reasonable delay is shown to exist.

(Ord. 3329. Passed 5-23-06.)

(D) The owner or owners may, within 14 days after receipt of the notice, make a demand in writing to the Maintenance Code Appeals Board for a hearing on the question of whether in fact a public nuisance, as defined by § 150.70, exists and/or whether more than 30 days should be granted to the owner or owners to abate the nuisance. The hearing shall be held within reasonable time following receipt of the written demand and at least two days' notice of the hearing shall be given to the owner or owners. The hearing shall be conducted by the Maintenance Code Appeals Board. A majority of the members of the Board must concur that a public nuisance, as defined by § 150.70, exists before enforcement of the abatement is carried out. A majority of the Board may amend or modify the notice and/or order, or extend the time for compliance by the owner. A copy of the decision and order of the Board shall be promptly served upon the owner or owners in the manner provided by this section. The decision and order of the Board shall be final and conclusive, unless the owner or owners shall file, within ten days after the decision is rendered, an appeal to a court of competent jurisdiction. Otherwise, the same shall become final and conclusive at the termination of said ten day period.

(Ord. 2982, passed 7-11-95) Penalty, see § 150.99(E)

§ 150.72 NO RESTRICTION ON AUTHORITY.

This chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, officer, official, or employee of the city, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the state, or any ordinance heretofore enacted by Council.

(Ord. 2982, passed 7-11-95)

§ 150.99 PENALTY.

(A) Whoever violates any provision of §§ 150.20 through 150.32 shall be guilty of a misdemeanor of the fourth degree.

(B) Whoever violates §§ 150.36 or 150.37 shall be guilty of a misdemeanor of the fourth degree.

(D) Whoever violates any provision of §§ 150.60 through 150.65, 150.69, or 150.69.1 shall be guilty of a minor misdemeanor for the first offense and shall be guilty of a fourth degree misdemeanor for each subsequent offense.

(E) Whoever violates or fails to comply with any of the provisions of §§ 150.71, 150.76, 150.77, 150.78, or 150.79 shall be guilty of a minor misdemeanor for a first offense and shall be guilty of a fourth degree misdemeanor for each subsequent offense. Each violation or failure to comply shall continue shall be deemed a separate offense.

(F) Whoever violates any provision of § 150.09 shall be guilty of a misdemeanor of the first degree. Each day that any violation or failure continues shall be deemed a separate offense.

(G) Whoever violates any provision of §§ 150.85 and 150.86 shall be guilty of a minor misdemeanor.

(Ord. 2982, passed 7-11-95)

(H) Any person, firm, or corporation violating any of the provisions of Sections 150.87 to 150.91 is guilty of a misdemeanor of the first degree, and shall be fined not more than $1,000 or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 3192. Passed 11-27-01.)

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