Chap. 1345. Satellite Earth Stations and Broadcast Receiving Antennas. Chap. 1349. Signs.

EDITOR'S NOTE: This chapter was repealed in its entirety by Ordinance 2001-39, passed July 10, 2001.

CROSS REFERENCES

Adoption of technical codes by reference see Ohio R.C. 731.231

Permits and fees see BLDG. Ch. 1337

Compliance with Building Code by condominiums see BLDG. 1357.04 (b)

Smoke and carbon monoxide detectors for dwellings see F.P. 1501.07

(BOCA F 514.0)

1305.01 1995 EDITION ADOPTED.

Pursuant to Ohio R.C. 731.231, there is hereby adopted by and for the City, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use, occupancy, location and maintenance of nonindustrialized one, two and three family dwellings and appurtenant structures, including permits and penalties, the CABO One and Two Family Dwelling Code, the 1995 edition, promulgated by the Council of American Building Officials, together with the Addendum thereto, consisting of rules, regulations, comments and interpretations, save and except such portions thereof as may be hereinafter amended or deleted.

(Ord. 94-20. Passed 5-17-94.)

1305.02 FILE AND DISTRIBUTION COPIES.

At least one copy of the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, is on file with the Clerk of Council for inspection by the public. At least one copy is also on file in the County Law Library. In addition, the Clerk of Council shall have copies available for distribution to the public, at cost.

(Ord. 94 20. Passed 5 17 94.)

1305.03 DEFINITIONS.

Wherever titles, words and phrases are used in the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, such titles, words and phrases shall be construed to mean the equivalent officer, word or phrase applicable to the City.

(Ord. 94 20. Passed 5 17 94.)

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1305.04 BUILDING CODE 8

1305.04 CONFLICT OF LAWS.

(a) In the event of a conflict between any of the provisions of the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, and a provision of any State law or regulation, the State law or regulation shall control.

(b) In the event of a conflict between any of the provisions of the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, and a local ordinance, resolution, rule or regulation, the local ordinance, resolution, rule or regulation shall control.

(c) In the event of a conflict between any of the provisions of the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, and a provision of any other technical code adopted by reference by the City, the stricter or higher standard shall control.

(Ord. 94 20. Passed 5 17 94.)

1305.05 DEPTH OF FOUNDATION.

The footings or foundations of dwellings shall extend below the prevailing frost line, but not less than forty-two inches below the surface, except where on rock or when specifically permitted by the Chief Building Inspector. Similarly, the footings for deck posts, porch posts and fence posts four feet or more in height shall have support posts extended below the prevailing frost line, but not less than forty-two inches below the surface, except where on rock or when specifically permitted by the Chief Building Inspector.

(Ord. 2001-54. Passed 8-21-01.)

1305.06 CONCRETE FLOORS.

(a) Driveway, Terraces and Patios. The concrete slab for a driveway, terrace, porch or patio shall be not less than four inches thick and shall comply with other applicable requirements of this chapter. There shall be expansion joints placed between the floor slab and the concrete apron in front of the garage, between any building and the driveway, and every thirty feet in length in the driveway itself.

(b) Garage Floors. A garage floor may be saw cut, removed and replaced only if the garage structure is on footers or a ratwall style foundation.

(Ord. 2001-56. Passed 8-21-01.)

1305.07 BASEMENT AND CELLAR WALLS

Basement and cellar walls constructed of hollow masonry units or of permeable solid masonry units shall be protected on the exterior, from the finish grade to the outside edge of the footing, by the application of a one-half inch thick Type M mortar plaster coat, over which shall be applied at least one heavy coat of undiluted hot tar or hot asphalt, or which shall be otherwise protected in a manner approved by the Chief Building Inspector.

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Basement walls of poured concrete shall be protected on the exterior by the application of at least one heavy coat of undiluted hot tar, hot asphalt or other compound approved by the Chief Building Inspector. Backfill shall be with #57 gravel that must be brought up to within eighteen inches of grade.

Overflow outlets for gravity tanks shall be not less than four inches below the tank supply, shall discharge above and within six inches of a roof drain, or shall discharge over an open water-supplied sink or other approved receptacle. Adequate overflow pipes properly screened against the entrance of insects or vermin shall be provided. In no case shall such overflows be connected directly to any drainage system. Furthermore, all relief valves for hot water heaters/boilers must have relief pipes the same size as the valve, be within six inches from the floor and be metal.

Whoever violates or fails to comply with any of the provisions of the CABO One and Two Family Dwelling Code, as adopted in Section 1305.01, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Removal of unsafe structures see Ohio R.C. 715.26(B), 715.261

Power to enact further and additional regulations see Ohio R.C. 3781.12

Enforcement see Ohio R.C. 3781.03, 3781.031, 3781.10(E), 3781.102, 3781.19

Final jurisdiction see Ohio R.C. 3781.04 Application see Ohio R.C. 3781.06,

3781.10(A), 3781.11(A) Dead bolt locks in apartment buildings see Ohio R.C. 3781.103

Smoke detection system for apartments and condominiums see Ohio R.C

3781.104

Use of public buildings by handicapped persons see Ohio R.C. 3781.111

Energy conservation see Ohio R.C. 3781.181

Safety glazing see Ohio R.C. 3781.51 et seq.

Submission of plans see Ohio R.C. 3791.04

Abandoned service stations see Ohio R.C. 3791.11 et seq.

Safety standards for refuse containers see Ohio R.C. 3791.21

1307.01 1998 EDITION ADOPTED.

Pursuant to Ohio R.C. 731.231, there is hereby adopted by and for the City the Ohio Basic Building Code (OBBC), being particularly the 1998 edition thereof, as adopted by the Ohio Board of Building Standards, Department of Industrial Relations, and as published in Division 4101:2 of the Ohio Administrative Code (OAC), save and except such portions thereof as may be hereinafter amended or deleted.

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1307.02 BUILDING CODE 12

1307.02 PURPOSE.

The purpose of the Ohio Basic Building Code, as adopted in Section 1307.01, is to:

(a) Provide uniform minimum standards and requirements for the erection, construction, repair, alteration and maintenance of buildings, including construction of industrialized units, such standards relating to the conservation of energy, safety and sanitation of buildings for their intended use and occupancy;

(b) Formulate such standards and requirements, so far as is practical, in terms of performance objectives, so as to make adequate performance for the use intended the test of acceptability;

(c) Permit, to the fullest extent feasible, the use of materials and technical methods, devices and improvements, including the use of industrialized units, which tend to reduce the cost of construction and erection without affecting minimum requirements for the health, safety and security of the occupants or users of buildings or industrialized units and without preferential treatment of types or classes of materials or products or methods of construction; and

(d) Encourage, so far as may be practical, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units.

(OAC 4101:2 1 05; Ord. 94 21. Passed 5 17 94.)

1307.03 APPLICATION.

The Ohio Basic Building Code applies to all buildings except as follows:

(a) Single family, two family and three family dwelling houses which are not constructed of industrialized units, except for the energy conservation provisions required in "Chapter 13, Energy Conservation" of the Ohio Basic Building Code (see Ohio R.C. 3781.06, 3781.181 and 3781.182);

(b) Buildings owned by and used for a function of the United States government;

(c) Existing buildings where their location, parts, equipment and other items do not constitute a serious hazard, unless otherwise regulated by the provisions of "Chapter 34, Existing Structures" of the Ohio Basic Building Code;

(d) Buildings constructed in accordance with plans which have been approved prior to the effective date of the Ohio Basic Building Code;

(e) Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade. For the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see Ohio R.C. 3781.06 and 3781.061);

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(g) Single family, two family and three family detached dwelling houses for which applications have been submitted to the Ohio Director of Human Services pursuant to Ohio R.C. 5104.03 for the purposes of operating type A family day care homes as defined in Ohio R.C. 5104.01;

(h) Buildings or structures which are designed, constructed and maintained in accordance with Federal standards and regulations and are used primarily for Federal and State military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. 2233(x)(1), (5) and (6) and 2237, has:

(1) Acquired, by purchase, lease or transfer, and constructs, expands, rehabilitates or corrects and equips, such buildings or structures as he or she determines to be necessary to carry out the purposes of Chapter 133 of the U.S.C.;

(2) Contributed to the State of Ohio such amounts for the acquisition, construction, expansion, rehabilitation and conversion by the State of Ohio of such additional buildings or structures as he or she determines to be required because of the failure of existing facilities to meet the purposes of Chapter 133 of the U.S.C.; or

(3) Contributed to the State of Ohio such amounts for the construction, alteration or rehabilitation of arms storage rooms as he or she determines to be required to meet a change in U.S. Department of Defense standards relating to the safekeeping of arms.

(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Basic Building Code is applicable, or make any addition thereto or alteration thereof, except in the case of repairs or maintenance that does not affect the construction, sanitation, safety or any other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Basic Building Code, or fail to comply with any lawful order issued pursuant thereto.

(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating any of the provisions of this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Basic Building Code, or fail to comply with any lawful order issued pursuant thereto.

(c) No owner or any other person shall proceed with the construction, erection, alteration or equipment of any building or structure to which the Ohio Basic Building Code is applicable without complying with this chapter and the plan and specification submission processing requirements of the Municipality, and until plans or drawings, specifications and data have been approved, or the industrialized unit has been inspected at the point of origin.

1307.05 BUILDING CODE 14

1307.05 NEW WORK; CHANGE OF USE; MAINTENANCE. (REPEALED IN PART)

(a) New Work. No building or its equipment or appurtenances, to which the Ohio Basic Building Code is applicable under Section 1307.03, shall be erected, constructed or installed, except in conformity with such Code.

(OAC 4101:2 1 10; Ord. 94 21. Passed 5 17 94.)

(b) Change of Use. (EDITOR'S NOTE: Subsection (b) was repealed as part of the 1996 updating and revision of these Codified Ordinances because substantially identical State law (OAC 4101:2 1 11) was repealed by the Ohio Board of Building Standards with the adoption of the 1995 edition of the Ohio Basic Building Code.)

(c) Maintenance. (EDITOR'S NOTE: Subsection (c) was repealed as part of the 1996 updating and revision of these Codified Ordinances because substantially identical State law (OAC 4101:2 1 13) was repealed by the Ohio Board of Building Standards with the adoption of the 1995 edition of the Ohio Basic Building Code.)

1307.06 ENFORCEMENT.

(a) When the Municipality finds that work or equipment is contrary to this chapter, approved plans therefor or the Ohio Basic Building Code, notice in writing shall be sent to the owner of the building involved or his or her agent. The notice shall state where and in what respect the work or equipment does not conform to such lawful requirements and shall specify a reasonable period of time in which to conform.

(b) Prior to enforcement of Ohio R.C. Chapters 3781 and 3791, or any rules adopted pursuant thereto, including the Ohio Basic Building Code, as adopted in Section 1307.01, by any remedy, civil or criminal, the Municipality shall. issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 or a stop work order as provided in Section 4101:2 1 36 of the Ohio Administrative Code.

(c) Every adjudication order shall cite the law or rules directly involved. and shall specify what appliances, site preparations, additions or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Ohio R.C. Chapters 3781 and 3791 and/or any rules adopted pursuant thereto, including the provisions of the Ohio Basic Building Code adopted in Section 1307.01.

(d) The order shall include notice to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the party that at the hearing he or she may be represented by counsel, present his or her arguments or contentions, orally or in writing, and present evidence and examine witnesses appearing for or against him or her.

(e) Upon the issuance of any order provided for herein or in Section 4101:21 36 of the Ohio Administrative Code, the person receiving such order shall cease work upon the site preparations or structure to be constructed or, in the case of an industrialized unit, the

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installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Ohio R.C. 3781.19, and all appeals from such hearing, have been completed, or the order herein has been released.

(f) Failure to cease work after receipt of a stop work order as provided in Section 4101:2 1 36 of the Ohio Administrative Code is hereby declared to be a public nuisance. (OAC 4101:2 1 36; Ord. 94 21. Passed 5 17 94.)

At least one copy of the Codes adopted in Section 1307.01 is on file with the Clerk of Council for inspection by the public. At least one copy of such Codes is also on file in the County Law Library. In addition, the Clerk of Council shall keep copies of such Codes available for distribution to the public, at cost.

(a) Whenever a provision of the Ohio Basic Building Code, as adopted in Section 1307.01, conflicts with a provision of the Ohio Fire Code or any other order, standard or rule of the Ohio Department of Commerce, Division of State Fire Marshal, the provision of the Ohio Basic Building Code shall control, except that rules adopted and orders issued by the Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of a conflict. (OAC 4101:2 1 04(B); ORC 3781.11(B))

(b) Whenever a provision of the Ohio Basic Building Code, as adopted in Section 1307.01, conflicts with a provision of any other standard technical code adopted by the Municipality, other than as provided in subsection (a) hereof, or any ordinance, resolution, rule or regulation of Council, the stricter standard shall control.

(c) When a special provision is made in a use group classification of the Ohio Basic Building Code and is inconsistent with a general provision of the Ohio Basic Building Code relating to buildings generally, the special provision governs, unless it appears that the provisions are cumulative.

(a) Row Houses Prohibited. Row houses shall not be constructed in the City, and no permit therefore shall be issued.

(b) Plans and Specifications. Two or more copies of plans and specifications shall accompany each application. Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed. Such plans and specifications, including the mechanical and electrical, together shall contain information sufficient to

indicate that the work proposed will conform to the provisions of this Code and all other applicable laws, ordinances, rules and regulations. Such information shall be specific, and this Code shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent, be used as a substitute for specific information. With each set of plans and specifications, the applicant shall furnish the address of the work and the name and address of the owner and the name and address of the person who prepared the plans.

(c) Opening Protective. An assembly of approved component parts of materials and accessories, including any incidental frames, mullions, muntins, anchors, and hardware, which when installed in an opening in a wall, partition, floor or roof prevents the passage of flame, heat, fumes, and smoke through the opening for a specified period.

(d) Waste Disposal. The owner shall provide and maintain an approved incinerator and receptacles in an approved enclosure, for rubbish, ashes and refuse, and other waste matter. Provisions of this section may be waived by the Building Inspector, if deemed not applicable to the particular occupancy.

(e) Foundation Walls - General. Foundation walls shall be of sufficient strength and thickness to resist lateral pressures from adjacent earth and to support their vertical loads without exceeding the allowable stresses. Foundation walls or their footings shall extend not less than three feet six inches below an adjoining surface exposed to freezing.

(f) Existing Outdoor Signs and Display Structures. Within one year after the date of the adoption of this section, all painted wall signs applied directly on the wall of a building shall be painted over to blend in with the existing walls.

(g) Depth. Footings and foundations of permanent structures shall be carried down not less than three feet six inches from the adjoining ground surface exposed to freezing.

(h) Grease Interceptors; Commercial Buildings. A grease interceptor shall be installed in the waste line leading from sinks, drains, or other fixtures in the following establishments:

(3) Factory cafeterias or restaurants, clubs, or other establishments where grease can be introduced into the drainage system in quantities that can affect line stoppage or hinder sewage disposal.

(i) Authority of Building Inspector. This section shall not be deemed to impair the authority of the Building Inspector to expect particular types of occupancy from the requirements of the Codified Ordinances pertaining to incinerators.

(j) Clearance. The minimum clearance from any sidewalk or walk level to the underside of a marquee sign shall be nine feet.

(k) Size Limitations. The size of any temporary sign shall be as determined by the Building Inspector.

(l) Oil Separators. An oil separator shall be installed in the drainage system or section of the system where oils or other flammables can be introduced or admitted into the drainage system by accident or otherwise.

(m) Requirement for Registered Architect or Professional Engineer. When plans contemplate structural changes or work affecting public health or safety, the Building Inspector shall require that they be prepared by and bear the seal of a registered architect or professional engineer. The Building Inspector may issue a permit when the plans are accompanied by an affidavit of such registered architect or professional engineer stating that he has supervised the preparation of the plans and that to the best of his knowledge and belief the plans and specifications conform to this Code.

(n) Furnishing of Certificate to Purchaser of Multiple Dwelling. Whoever sells, conveys, leases or otherwise transfers an interest in real property, which has situated thereon a multiple dwelling as classified in Section 1621.04, shall secure a certificate of occupancy from the Building Inspector and shall furnish such certificate to the purchaser, lessee or transferee prior to the execution of the land contract or the delivery of the deed, lease or conveyance.

(o) Plot Plan. There shall be submitted a plot plan in a form and size designated by the Building Inspector for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction and the relocation to other existing or proposed buildings or structures on the same lot and other buildings or structures on adjoining property within fifteen feet of the property lines. In the case of demolition, the plot plan shall show the buildings or structures to be demolished and the building or structures on the same lot that are to remain.

(1) General. Unless specifically exempted, permits shall be required for all outdoor signs or display structures hereafter established or erected as an independent structure or attached to a building or other structure or supporting object.

(2) Signs over public property. Except as provided, permits shall be secured for all signs over public property. No permit for a sign over public property shall be issued by the Building Inspector until the application for the permit has been approved by the Building Inspector.

(q) Wall Painted Signs Prohibited. No sign may be painted directly on the wall of a building or other structure and no permit may be issued for such sign.

The footings or foundation of dwellings shall extend below the prevailing frost line, but not less than forty-two inches below the surface, except where on rock or when specifically permitted by the Chief Building Inspector. Similarly, the footings for deck posts, porch posts and fence posts four feet or more in height shall have support posts extended below the prevailing front line, but not less than forty-two inches below the surface, except where on rock or when specifically permitted by the Chief Building Inspector.

(a) Driveways, Terraces and Patios. The concrete slab for a driveway, terrace, porch or patio shall be not less than four inches thick and shall comply with other applicable requirements of this chapter. There shall be expansion joints placed between the garage floor slab and the concrete apron in front of the garage, between any building and the driveway, and every thirty feet in length in the driveway itself.

(b) Garage Floors. A garage floor may be saw cut, removed and replaced only if the garage structure is on footers or a ratwall style foundation.

Basement and cellar walls constructed of hollow masonry units or of permeable solid masonry units shall be protected on the exterior from the finish grade to the outside edge of the footing, by the application of a one-half inch thick Type M mortar plaster coat, over which shall be applied at least one heavy coat of undiluted hot tar or hot asphalt, or which shall be otherwise protected in a manner approved by the Chief Building Inspector. Basement walls of poured concrete shall be protected on the exterior by the application of at least one heavy coat of undiluted hot tar, hot asphalt or other compound approved by the Chief Building Inspector. Backfill shall be with #57 wash gravel that must be brought up to within eighteen inches of grade.

Overflow outlets for gravity tanks shall be not less than four inches below the tank supply, shall discharge above and within six inches of a roof drain or floor drain, or shall discharge over an open water-supplied sink or other approved receptacle. Adequate overflow pipes properly screened against the entrance of insects or vermin shall be provided. In no case shall such overflows be connected directly to any drainage system. Furthermore, all relief valves for hot water heaters/boilers must have relief pipes the same size as the valve, be within six inches from the floor and be metal.

Whoever violates or fails to comply with any of the provisions of the Ohio Basic Building Code, as adopted in Section 1307.01, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Registration of contractors see BUS. REG. Ch. 751

Inspector to issue sewer connection permits see S. U. & P. S. 921. 01

Licensing multiple dwellings see BLDG. 1333. 02 et seq.

Right of entry to multiple dwellings see BLDG. 1333.09

House moving permits see BLDG. 1335.01

Fee determination see BLDG. 1337.01

1331.01 CHIEF BUILDING INSPECTOR; DUTIES.

(a) There is hereby created the position of Chief Building Inspector of the City. As used in these Codified Ordinances, unless another definition is provided, the terms "Building Inspector," "Building Official," "Building Commissioner," "Zoning Inspector," "Zoning Official," or the like shall mean the Chief Building Inspector, his or her authorized designee, advisor, consultant, agent or assistant.

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(b) The Chief Building Inspector shall be appointed by the Mayor, subject to confirmation by a majority vote of Council. The Chief Building Inspector may be removed by the Mayor subject to the concurrence in such removal by a majority vote of the members of Council.

(c) The Chief Building Inspector shall perform such duties as are prescribed by law and, consistent with the office, such other duties as may be required by the City Charter, ordinance of Council or as directed by the Mayor.

(a) The Mayor is hereby authorized to employ, with concurrence of Council, Assistant Building Inspectors who shall perform such duties as are prescribed by law, and consistent with said office, such other duties as may be required by the City Charter, ordinance of Council, or as directed by the Mayor or the Chief Building Inspector.

(b) The Mayor is hereby authorized to employ or contract from time to time with expert professional persons, firms or corporations to provide expert professional service to the Chief Building Inspector in connection with the inspection of buildings and structures to determine that there has been compliance with State and City Building Codes applicable to construction in the City and with building plans and specifications as required by these Codified Ordinances, and same shall perform such duties as required of them by these ordinances and directed by the Mayor or the Chief Building Inspector.

If any structure within the City becomes abandoned, such structure shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort and property or the general welfare of the community and shall be abated. "Abandoned" means a failure to occupy and use such structure for at least three consecutive months in any eighteen month period.

Whenever the Building Inspector finds any structure to be abandoned within the meaning of this section, he shall give notice in flee same manner as service of summons in civil cases or by certified mail addressed to the owner of record of the premises at leis last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by resuming the abandoned use of such structure or adapting and using such structure for another use permitted by the City Zoning Code, or by razing the structure, removing pumps and signs and any other advertising or promotion features with the exception that in any case where an automotive service station remains abandoned for more than ninety days, then the underground storage tanks shall be completely removed rather than filled with inert material under the supervision of the Bureau of Fire Prevention, and

depressions shall be filled to the grade level of the lot, provided, however, that if the structure is in use at the time notice is given and remains in use for ninety consecutive days thereafter, the provisions of this section shall not apply, and provided, further, that if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.

Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Inspector shall take such action as may be necessary to abate such nuisance.

All structures which do not come within the definition of "abandoned structure" shall be maintained in accordance with the provisions of these Codified Ordinances, and the owner shall cut all grass and remove ail rubbish and weeds from the premises.

The parking of motor vehicles upon such premises shall be prohibited, and the owner shall place in the window of such structure a sign of at least ten square feet in area notifying the public of this fact. Notwithstanding any other provision of this Building Code, if the Building Inspector finds that such notice is not complied with by the public, he may order the owner of the premises on which any structure is unoccupied for more than six months to install fencing or barricades approved by the Inspector which will be sufficient to block access of motor vehicles to such property.

In the event that any other provision of these Codified Ordinances conflict with any provision contained in this section, then the provisions contained in this section shall govern.

The Mayor is hereby authorized and directed to enter into an agreement with Lake County for the performance of building inspection services within the City by the Lake County Building Inspector in accordance with the terms and conditions of an agreement on file in the office of the Clerk of Council. The aforesaid agreement is incorporated by reference into this section as if fully rewritten herein.

EDITOR'S NOTE: This chapter was repealed in its entirety by Ordinance 2001-44, passed August 21, 2001.

CROSS REFERENCES

Ohio Building Code see Ohio R.C. 3781.10

Point of sale inspections see BLDG. Ch. 1355

Licensing of single family residential units see BLDG. Ch. 1365

1333.01 MULTIPLE DWELLING DEFINED.

"Multiple dwelling", as used in this chapter, means:

(a) A building occupied for permanent residential purposes by more than two families and in which the rooms are occupied in apartments, suites or groups, each comprising a dwelling unit, and shall include, without limitation thereto, apartment houses, apartment hotels, studio apartments, bachelor apartments, duplex apartments, kitchenette apartments, garden type apartments and condominiums, provided, however, that garden type apartments or similar structures consisting of more than one building, which are under common ownership, lease or management and which are occupied by one or two families shall be deemed multiple dwellings; and

(b) A building occupied transiently, as a temporary abode of individuals or families with or without meals, and in which, as a rule, the rooms are occupied singly and not as dwelling units, and shall include, among others, hotels, lodging houses, rooming houses, boarding houses, tourist homes, motels, club houses with sleeping accommodations, fraternity houses, sorority houses, dormitories, convents, monasteries and school and college buildings containing sleeping accommodations.

(Ord. 92 42. Passed 7 21 92.)

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It shall be the duty of the Building Inspector to act as representative for the Planning Commission in making all inspections, receiving all applications and fees, receiving notices and appeals, exercising the right of inspection, maintaining records and issuing licenses, all as provided in this chapter and all of which the Inspector may do without the prior approval of the Commission. However, such functions may from time to time be exercised directly by the Commission if it so determines.

All electrical, plumbing, heating, cooling, lighting, ventilating, elevator, fire protection and safety devices, facilities and standards, other building and construction standards and maintenance standards applicable to a multiple dwelling at the time it was constructed or made applicable to existing structures by virtue of the Ohio Building Code, rules and regulations issued pursuant thereto, this Part Thirteen Building Code, rules and regulations issued pursuant thereto, and other State Laws and City ordinances, shall be maintained at all times. All electrical, plumbing, heating, cooling, lighting, ventilating, elevator, fire protection and safety devices, facilities and standards, other building and construction standards and maintenance standards provided by the application, plans, and specifications approved by the Planning Commission pursuant to and in compliance with any zoning ordinance of the City applicable to a multiple dwelling, shall be maintained at all times. further, without restricting or limiting the applicability of any of the aforesaid requirements, every multiple dwelling and the grounds appurtenant thereto shall be maintained at all times in a safe and sanitary condition.

No multiple dwelling shall be used as a place of storage of anything dangerous or detrimental to life or health, nor for the storage, keeping or handling of any easily combustible, inflammable or explosive substance.

The Planning Commission may prescribe rules and regulations in order to give better effect to the provisions and standards of this chapter. Such rules and regulations shall be posted for fifteen days in a conspicuous place in the City Hall and upon the expiration of such period shall be effective. The certificate of the Secretary of the Commission that rules and regulations have been so posted shall be conclusive. The Board of Zoning Appeals, as provided in Section 167.02, shall have such authority with respect to the rules and regulations of the Building Code adopted by the City with regard to rules of the Building Inspector.

The Building Inspector or the Planning Commission may order any owner, lessee, or other person having control of or operating a multiple dwelling to bring the building into compliance with the standards prescribed by this chapter and the rules and regulations prescribed pursuant thereto. The order shall be in writing, shall prescribe the actions to be taken to bring the building into compliance with such standards, rules and regulations, and shall specify a reasonable time within which such actions must be completed.

No multiple dwelling shall be occupied or permitted to be occupied unless the owner, lessee or other person having control thereof, or operating the same, has an occupancy license therefor in effect and unrevoked as hereinafter provided, unless the Planning Commission has given an extension of time for obtaining such license and the extension has not expired. Each license shall expire on March 31, irrespective of the date of its issuance, and shall not be transferable. Whenever the interest of such licensee in the building for the occupancy of which the license was issued ceases such license shall immediately become void. However, upon the death of a licensee, the license shall nevertheless be valid for sixty days from the date of such death in favor of the legal representatives of the licensee, or of the person to whom such multiple dwelling passes by law, but in no case shall such sixty days extend the license beyond March 31. However, the license required by this section shall not be required during the license year, being the period from April 1 through March 31 of the following year, if during such licensing year an occupancy permit has been issued pursuant to the Building Code adopted by the City, but upon the expiration of the year all of the provisions of this section shall be applicable.

Every application for any license provided by this chapter shall be in a form approved by the Planning Commission and shall state the name and address of the applicant and the nature and extent of his interest in the building for which the license is desired. If the applicant is not the owner of such building, then the application shall also state the name and address of the owner. The application shall further state the location of the building for which the license is desired, the number of rooms therein, if a multiple dwelling, as defined in Section 1333.01(b), and the number of apartments, suites or groups into which the building is divided, if a multiple dwelling, as defined in Section 1333.01(a), together with such other information as may be required by the Commission, and such application shall be accompanied by the appropriate fee set forth hereafter:

(a) For each dwelling unit of a multiple dwelling as defined in Section 1333.0l(a), $3.00;

(b) For each room of a multiple dwelling as defined in Section 1333.01(b), $1.00;

However, the minimum fee for any multiple dwelling shall be fifteen dollars ($15.00) and the maximum fee for any multiple dwelling shall be one hundred and twenty five dollars ($125. 00).

The Planning Commission, the Building Inspector and his duly authorized representative shall have the right and are hereby authorized and directed to enter and examine, at all reasonable times, any multiple dwelling and the grounds appurtenant thereto upon the presentation of proper credentials. No person shall refuse admittance to the officials, or cause to be refused, to such officials, admittance to such multiple dwelling and the grounds appurtenant thereto nor shall any person in any way hinder such officials in the performance of their duties as herein provided.

The Building Inspector shall issue the initial occupancy license for the occupancy of the multiple dwelling for which a license is desired which has been found, after a thorough inspection, to comply in all respects with the provisions of this chapter and rules and regulations prescribed pursuant thereto and with all laws, ordinances, rules and regulations applicable to such building and the use for which it is intended.

The Building Inspector may renew a license without an investigation, provided that the applicant for a license, in writing upon a form approved by the Planning Commission and signed by such applicant, states that the building for which the license is desired complies in all respects with the provisions of this chapter and the rules and regulations prescribed hereunder and with all of the laws, ordinances, rules and regulations applicable to such building and the use for which it is intended. In those circumstances where a multiple dwelling applicant is a condominium association and/or its management firm, it shall state that any common area and property are in compliance with the provisions of this chapter and the rules and regulations prescribed hereunder and with all of the laws, ordinances, rules and regulations applicable to such building and the use for which it is intended.

The occupancy license provided for in this chapter shall clearly specify the name and address of the person to whom it is issued, and, in addition, if such person is not the owner, the name and address, of such owner and of his agent, if any. It shall also specify the location of the building for which the license is granted, the number of rooms of the building is a multiple dwelling as defined in Section 1333.01(b) and the maximum number of persons that will be permitted to occupy each room, and the maximum number of families that will be permitted to occupy such building if it is a multiple dwelling as defined in Section 1333.01(a) herein, and the date of the expiration of the license and such other information as the Planning Commission prescribes.

The Building Inspector shall keep a public record of all licenses issued under the provisions of this chapter. The original applications shall be kept in the permanent files of the City. The Building Inspector shall have the power to revoke any license if the building for which such license is granted does not comply in all respects with the provisions of this chapter and the rules and regulations prescribed thereunder and with all laws, ordinances, rules and regulations applicable to such building and the use to which it is put, or intended to be put, or if any false statement is made by the applicant in connection with the issuance of such license.

No person shall let, rent, lease, conduct, maintain or occupy any multiple dwelling, or any part thereof, unless a license duly issued as hereinbefore provided, except as otherwise provided herein, is in force at the time of occupancy and unless such license is, at all times displayed in a conspicuous place upon flee wall within and close to the outer entrance to such multiple dwelling. A separate offense shall be deemed committed each day occupancy is continued in violation of any of the provisions of this chapter.

An appeal from a decision of the Building Inspector or the Planning Commission denying or revoking the issuance of an occupancy license or from an order of the Inspector or the Commission may be taken to the Board of Zoning Appeals, as provided in Section 167.02, and the provisions of the Building Code, as adopted by the City, shall be applicable to the appeal to the extent that they are not inconsistent with the provisions of this chapter, provided that an appeal from the revocation of a license issued pursuant to this chapter shall not stay the vacating of the multiple dwelling by its occupants unless a stay is granted by the Commission.

In any multiple dwelling in which the owner thereof does not reside, the owner shall designate a janitor, custodian, agent, operator or other responsible person, who shall be considered the resident agent, and who shall reside in such multiple dwelling or residential rental property and have charge of the same. Where there exist two or more such multiple dwellings or residential rental properties on one parcel of land or upon two or more contiguous parcels of land, one janitor, custodian, agent or operator residing in any one of such multiple dwellings or residential rental properties may serve as janitor, custodian, agent or operator for all of such multiple dwellings or residential rental properties. The name and telephone number of the resident agent shall be contained in the license application required under Section 1333.08. Furthermore, the owner or the resident agent shall notify the Building Inspector within five days of any change in the name, address or telephone number of the resident agent.

(a) Certificate Required. No owner of any multiple dwelling structure shall enter into an agreement to sell or otherwise convey said dwelling structure without first obtaining from the Commissioner of Buildings a certificate of inspection to the prospective purchaser or grantee under this section, in addition to Chapter 1355.

(b) Issuance of Certificate. Application for a certificate of inspection required by the provisions of this Code shall be made upon forms supplied by the Commissioner of Buildings.

The Commissioner of Buildings shall cause a general inspection of the dwelling structure and premises to be made.

(1) The street address or other identifying characteristics of the dwelling structure;

(4) A listing of all known violations of this Code or the Fire Prevention Code existing at the time of such inspection.

Such certificate of inspection shall be valid for a period of ninety days from the date of the inspection required herein.

(1) There shall be a fee of one hundred ninety dollars ($190.00) and there shall be an additional fee of twenty five dollars ($25.00) per dwelling unit.

(2) There shall be no fee for any subsequent inspection requested by the same owner within twelve months from the date of issuance of the original certificate of inspection.

(d) Statement of Certificate of Inspection. No person shall sell, by land contract or otherwise, any interest in any dwelling, building or structure, as defined in Section 1333.01, without furnishing the buyer, prior to such sale, a current certificate of inspection, and, when an escrow has been established, depositing in such escrow, prior to delivery of possession or transfer of title, a statement from the buyer acknowledging the receipt of such document.

(a) Whoever violates any of the provisions of this chapter or the rules and regulations promulgated pursuant thereto, or fails to obey any order made in accordance with the specific provisions of this chapter by the Planning Commission or the Building Inspector shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).

(b) Any architect, engineer, contractor, subcontractor, foreman, agent or other person who violates or assists in the violation of any of the provisions of this chapter or of any order issued thereunder, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).

1334.01 RENTALS; COMPLIANCE REQUIRED.

No owner, operator or agent shall rent, lease or offer for rental or lease any dwelling unit, dwelling structure or any part thereof which does not comply with the provisions of this Code.

(Ord. 2002-24. Passed 5-21-02; Ord. 2002-39. Passed 7-2-02.)

1334.02 STANDARDS FOR DWELLING UNITS.

Every dwelling unit shall conform to the following standards:

(a) Every dwelling unit shall have not less than 300 square feet of habitable floor area and shall contain at least one room which has not less than 150 square feet of habitable floor area and which is not less than ten feet in width, provided that no room used to compute compliance with such 300 square feet minimum limitation shall be less than seven feet in width nor have less than seventy square feet of habitable floor area.

(b) No portion of any room which is less than seven feet in width shall be included in determining habitable floor area.

(c) All habitable rooms shall have a clear ceiling height of not less than seven feet, provided that rooms with sloping ceilings shall have a clear height of not less than seven feet, six inches, in at least one half of their habitable floor area. In determining the habitable floor area of rooms with sloping ceilings, all portions of less than four feet in height shall be disregarded.

2002 Replacement

(d) Every dwelling unit shall contain at least 200 square feet of habitable floor area for the first occupant thereof and at least 150 additional square feet of habitable floor space for every additional occupant thereof. In no case shall any dwelling unit contain less than 300 square feet of habitable floor area.

(e) No part of the third floor area of a double house, two family dwelling or multifamily dwelling consisting of side by side dwelling units, sometimes known as row housing, shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in such double house, two-family dwelling or multi family dwelling.

(f) Every room for sleeping purposes shall contain not less than 150 square feet of habitable floor area if used for one occupant, and not less than 75 additional square feet of habitable floor area for each additional occupant if used by more than one occupant.

No room that has its floor level below grade shall be occupied as a habitable room unless it conforms to the following standards in addition to all other requirements of this Code for habitable room:

(a) The room shall be originally designed and constructed, or legally converted, for use as a habitable room.

(b) The walls and floor enclosing the room shall be maintained in such condition as to prevent the entrance of moisture into the habitable space.

(c) All required openings for light and ventilation shall be located entirely above the average adjoining grade. However, such openings may face upon an areaway or window wall where the width of such wall measured perpendicularly to the building wall at such opening is not less than the distance from the bottom of the window to the finished grade at such window.

(d) The height of the finished ceiling of such room above the average adjoining ground level shall be at least fifty percent of the clear ceiling height of the room.

(e) The room shall also comply with all other provisions of the State building and fire codes.

(a) Every habitable room shall be provided with natural light by one or more windows or approved equivalent facing upon an approved open space. The aggregate glass area of such required windows shall be not less than four percent of the habitable floor area of the room served by them.

(b) Every dwelling unit hereafter constructed at the intersection of two public streets shall have at least one window per floor on each side of the unit that is adjacent to such public street. The aggregate glass area of such required windows shall be not less than ten percent of the habitable floor area of the rooms so served.

Every habitable room shall be provided with natural ventilation by one or more operable windows or approved equivalent. The aggregate operable area of such ventilation openings shall be not less than four percent of the habitable floor area of the room served by them.

Every kitchen, bathroom and water closet compartment shall be provided with light and ventilation as prescribed for habitable rooms, except that in no case shall the aggregate glass area in each room be less than three square feet. Where an approved exhaust ventilation system and approved artificial light are installed in such a manner as to be in operation at all times when any such room is occupied, no natural light or ventilation shall be required.

(a) Every dwelling unit shall be provided with not less than the following sanitary facilities contained within a room which shall afford privacy to any occupant thereof:

(1) A water closet contained within a bathroom or water closet compartment enclosed in such a manner as to ensure privacy. A water closet or bathroom may be installed in the cellar of any dwelling structure only when supplementary to other units in the dwelling. Those allowed must be approved by the Commissioner of Buildings;

(2) A bathtub or shower contained within a bathroom and enclosed in such a manner as to ensure privacy;

(4) A kitchen sink installed in connection with the main cooking facilities of the dwelling unit. No such kitchen sink shall be placed within any water closet compartment or within any bathroom containing a water closet.

(b) Every dwelling unit shall be provided with one, and only one, complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities. No such kitchen facilities shall be placed within any water closet compartment or within any bathroom.

(a) All plumbing fixtures in a dwelling structure shall be supplied with running water from the Municipal water system.

(b) Every dwelling unit shall have an approved supply of running hot water properly connected to all plumbing fixtures requiring hot water.

(c) All plumbing fixtures in a dwelling structure shall be so designed and installed as to prevent contamination of the water supply system.

(d) All plumbing fixtures in a dwelling structure shall be connected to a public sanitary sewer.

(a) Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in approved receptacles or in other rubbish disposal facilities.

(b) Every occupant of a dwelling unit shall dispose of all his garbage and other organic waste, which might provide food for insects and rodents, in a clean and sanitary manner by placing it in approved nonleakable, nonabsorbent, covered garbage storage receptacles or in other approved garbage disposal facilities.

(c) In every multiple dwelling, condominium dwelling or single family attached housing unit, the owner, operator or his or her agent shall be responsible for providing and maintaining suitable approved receptacles, approved incinerators or other conveniences for the disposal of rubbish, garbage, refuse or other waste matter. The owner, operator or his or her agent of every multiple dwelling, condominium dwelling or attached single family housing unit, shall provide suitable screening to cause dumpsters that are one and one half yards or more used for the disposal of rubbish, garbage, refuse or other waste matter to be not visible to the public at large from ground level. In a dwelling unit other than a multiple dwelling, the occupant of each dwelling unit shall provide himself or herself with such approved receptacles, incinerators or other conveniences.

Every dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of seventy degrees Fahrenheit in all habitable rooms, kitchens, bathrooms and water closet compartments when the outdoor temperature is minus five degrees Fahrenheit, without forcing the facilities to operate in excess of their design capacity.

The owner or operator in charge of a dwelling structure, who rents or leases any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate to maintain an inside temperature of not less than seventy degrees Fahrenheit for the entire twenty four hour period of each day in all habitable rooms, bathrooms, water closet compartments and kitchens whenever the outside temperature falls below fifty degrees Fahrenheit. Such inside temperature shall be measured in the approximate center of each room approximately three feet above the floor.

Every appliance or piece of equipment burning solid, liquid or gaseous fuel, where permitted, shall be properly connected to an approved smokepipe and flue. However, any appliance approved for use without such connections is exempted from the requirements of this section.

No heating equipment, including water heaters, which burns solid, liquid or gaseous fuel shall be located in any bedroom, bathroom or toilet room, under stairways or in any room used for sleeping purposes, unless specifically approved for such use.

Every dwelling structure shall be provided with approved electrical service, outlets and fixtures which shall be installed and maintained so as to be free of any potential source of ignition of combustible material or electrical hazard. Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances and equipment of the structure concerned.

(a) Owner. The owner of every multiple dwelling, shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this

Code. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises. (See also the provisions of Chapter 1333 of these Codified Ordinances).

(b) Occupant. The occupant of a dwelling unit in any dwelling structure shall be responsible for maintaining in a clean and sanitary condition that part of the dwelling unit, dwelling structure or premises which he or she occupies and controls. In addition, the occupant shall be responsible for maintaining in good and safe working order the equipment and appliances which he or she owns.

(a) All dwelling structures and all parts thereof, both exterior and interior, shall be maintained in good repair and shall be capable of performing the function for which such structure or part or any feature thereof was designed or intended to be used.

(b) All equipment and facilities appurtenant to a dwelling structure or dwelling unit shall be maintained in good and safe working order.

(c) The requirements of this chapter shall be considered in determining the compliance of a dwelling structure with this section, such determination shall not be limited by the requirements of such section when it is determined by the Building Commissioner that there exists any other condition which is contrary to the intent and purpose of this section.

(a) Except a one, two, or three family unit, any multiple dwelling or multi-family rental structure in which there is contained thirteen (13) or more rental units, and the owner thereof does not reside, the owner shall designate at least one (1) janitor, custodian, agent, operator or other responsible person, who shall be considered the resident agent, reside in such rental structure and have charge of same.

(b) For every forty (40) additional rental units contained within said rental structure there shall be an additional janitor, custodian, agent, operator or other responsible person, who shall be considered a resident agent, reside in such rental structure and have charge of same.

(c) If said structure contains more than fifty three (53) rental units (the total of those referenced in (a) and (b) above), then in that event, there shall be for every forty (40) additional rental units, or fraction thereof, an additional janitor, custodian, agent, operator or other responsible person, who shall be considered a resident agent and have charge of

41 Residential Rental Units 1334.20

same; except, however said additional agent shall not be required to reside in such rental structure.

(Ord. 2002-24. Passed 5-21-02; Ord. 2002-39. Passed 7-2-02.)

1334.19 IDENTIFICATION OF DWELLING UNITS.

(a) Each dwelling unit must be identified with permanent numerals or letters placed on the front entrance to such dwelling unit and clearly visible from the street.

(b) Each multiple dwelling having more than one garage unit shall have such garage units marked with permanent numerals or letters clearly visible from the street.

(Ord. 2002-24. Passed 5-21-02; Ord. 2002-39. Passed 7-2-02.)

1334.20 OCCUPANCY IN MULTIPLE DWELLINGS.

(a) Every new tenancy or occupancy entered into after the effective date of this section shall comply with the following occupancy standards:

(1) Section 1334.02(d) of these Codified Ordinances. and any amendment thereto, shall be complied with.

(2) No more than one person shall occupy an efficiency unit.

(3) No more than two persons shall occupy the same bedroom.

(4) No room within a dwelling unit, other than a bedroom, as defined herein, shall be occupied for sleeping purposes.

(b) "Bedroom," as used in this section, shall mean any room within a dwelling unit, if such room has been specifically designed, constructed and intended primarily for sleeping purposes and is in fact used for said purposes.

(c) "Efficiency unit," as used in this section, shall mean any dwelling unit which consists of an area which is commonly used as both a living room and a bedroom, has no distinct and separate bedroom and consists of no more than 600 square feet of total floor space.

(d) This section shall not apply to any multiple dwelling building or complex occupied by a majority of individuals who are members of the same religious group and who are acting in concert. The Building Commissioner is hereby authorized, after application, to exempt any such buildings or complexes found to meet these conditions. The Building Commissioner is further authorized to promulgate any rules and regulations necessary to effectuate this provision.

(e) A variance from the strict application of the provisions of this section, with respect to the occupancy limits of particular dwelling units, may be granted upon application, if and only if the Board of Zoning Appeals finds that due to unexpected circumstances arising after tenancy or occupancy is established, the strict application of this section would impose an undue hardship. An application for a variance shall be

2002 Replacement

submitted to the Board for review, and may be granted only if the variance will not create a safety hazard, damage neighborhood property values or be contrary to the purposes of this chapter. If granted, such variance shall subsist for a period determined by the Commission, not to exceed one year.

(a) Whoever violates any of the provisions of this chapter or the rules and regulations promulgated pursuant thereto, or fails to obey any order made in accordance with the specific provisions of this chapter by the Building Official shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).

CROSS REFERENCES

Power to license house movers see Ohio R.C. 715.27

Street obstruction see TRAF. 311.0l

Control of trees see S.U. & P. S. 905.02 et seq.

Moving trees see S.U. & P. S. 905.07

Fees see BLDG. 1337.01(a) (7)

1335.01 PERMIT, INSURANCE, BOND, APPROVAL REQUIRED.

No person shall move or cause to be moved a building or other structure over the public streets of the City without having first obtained a house moving permit. The Building Inspector is hereby authorized to issue a house moving permit for the movement of a building or other structure over the public streets of the City, provided the person or firm requesting such permit has:

(a) Submitted evidence of insurance as approved by the Director of Law indemnifying the applicant and the City in the sum of at least fifty thousand dollars ($50,000) for property damage and one hundred thousand dollars/three hundred thousand dollars ($100,000/$300,000) for death or personal injury.

(b) Submitted a bond in the sum of five thousand dollars ($5,000) satisfactory to the Director of Law indemnifying the City for any loss or damage to City streets or other public property.

(c) Posted a cash bond with the Building Inspector in an amount determined by the Director of Public Service to cover actual costs of the City for removal of fire alarm wires, traffic lights and street lights, tree trimming, police protection, inspection and other expenses incurred by the City in connection with the moving of such structure.

(d) Submitted a letter signed by an official of any adjoining municipality into which the structure is to be moved, stating that the municipality will permit the movement of the structure onto the streets of such adjoining municipality.

Before the Building Inspector issues any house moving permit, he shall first secure the approval of the Chief of Police relative to any traffic control problems involved, and of the Director of Public Service as to the clearances and gross weight of the structure on the streets. The moving of any such building or structure shall be subject to the supervision and direction of the Chief of Police and Director of Public Service during the occupancy of any part of a public street by such building or structure.

(Ord. 59 64. Passed 6 17 59.)

2002 Replacement

Any applicant requesting a house moving permit for the movement of a building or other structure to any location within the City shall, an addition to the requirements provided in Section 1335.01, obtain the approval of Council. In considering such approval, Council shall determine that the proposed location of the structure conforms to the General Plan, Building Code, zoning ordinances and other pertinent regulations of the City. No permit shall be issued prior to the effective date of an ordinance of Council specifically authorizing the moving and location of such building or structure.

In the event of any conflict between the provisions of this chapter and the provisions of the Building Code adopted by the City, the provisions of this chapter shall control.

Whoever violates any of the provisions of this chapter shall be fined not less than five hundred dollars ($500. 00) nor more than one thousand dollars ($1,000). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Swimming pool permit fees see BLDG. 1339.03

1337.01 SCHEDULE OF FEES.

No building permit, certificate of occupancy, certificate of approval or certificate of operation for any structure, work or other use shall be issued except upon payment of the prescribed fee therefor, as determined by the Building Inspector or other officer of the City charged with the issuance of such permits or certificates, according to the following schedule:

SCHEDULE OF FEES

FEE

(a) Building.

(1) All new single unit buildings.

A. Flat fee for the first 1,100 square feet $ 250.00

B. Additional fee for each 100 square

feet or fraction thereof in excess of 1,100

square feet 10.00

C. Refundable construction deposit (in addition

to any fee) 500.00

D. There shall be deducted from the construction

deposit any fees required under subsections

(l) and (m) hereof.

E. The construction deposit shall not be refunded

until an occupancy permit is issued and the

amount of the refund approved by the Building

Inspector.

2002 Replacement

EDITOR'S NOTE: BECAUSE OF THE 2001 UPDATING AND REVISION OF THESE CODIFIED ORDINANCES, THE NEXT NUMBERED PAGE IS PAGE 65.

(n) Waiver for Charitable Projects. The Mayor shall have the discretion to waive any fee, deposit or charge provided for under this section where the work is being done by volunteers for the betterment of the community as a charitable project. The Mayor shall advise Council of the properties for which fees, deposits or charges have been waived pursuant to this subsection.

(o) County Inspection. Any fee provided for herein shall be waived when the permit is issued by the Lake County Building Department.

The fees provided for in the schedule in Section 1337.01 shall be cumulative and shall apply to each item applicable to the structure or use for which application for a permit or certificate is made.

Where the permit fee is based upon the aggregate floor area, such area shall be the sum of the gross horizontal areas of the several floors, including basements and attics that are at least fifty percent habitable. All dimensions shall be taken to or from the exterior faces of walls, including enclosed porches or patios.

Where the permit fee is based upon the cost of the work to be done, such cost or valuation shall be that certified in writing by the owner or authorized representative of the owner, except that the Building Inspector, where there is reason to believe such valuation is inaccurate or incomplete, may require the owner or representative to furnish an appraisal by an individual or organization satisfactory to the Building Inspector.

(a) Whenever a permit has expired, pursuant to Section 1603.17 of the Regional Building Code or Section 1505.08 of the Regional Dwelling House Code, by reason of any attempt by persons other than the person or firm doing the work or the owner for whom the work is being done to enjoin or otherwise prevent by court order the work for which such permit was issued, and application is subsequently made for a permit covering substantially the same structure or work, the fee or fees for such subsequent application may be waived in whole or in part by the Building Inspector.

(b) Notwithstanding the provisions of Sections 1505.08 of the Regional Dwelling House Code and 1603.17 of the Regional Building Code, the effective period of building permits issued for the construction of garages in the City shall be one year rather than six months.

(a) An application for the issuance of a permit for the construction of any building shall operate as an undertaking that the applicant will construct and fully complete such building in accordance with all applicable ordinances, rules and regulations of the City subject to the final inspection and approval of the Building Inspector, and will, within ten days after such completion, or at such earlier time as may be fixed by the Service Director, repair, restore and clean, to the reasonable satisfaction of the Service Director, all sidewalks, tree lawns, curbs and streets that may be damaged or destroyed, or upon which refuse, debris or dirt may have been deposited, in the course of such construction. The term "building" as used in this section means a building other than a private residential garage. A five hundred dollar ($500.00) cash performance bond is required in addition to any other bond required in this section.

(b) The applicant for the issuance of a permit for the construction of any building shall furnish and file with the Building Inspector, a bond in the sum of twenty thousand dollars ($20,000), to be in such form as is approved by the Director of Law, guaranteeing full and faithful compliance with all the provisions of the City Building Code, indemnifying and holding the City free and harmless.

(c) Upon completion of such building and final approval of the Building Inspector and the performance of such repair, restoration and cleaning as may be required under subsection (a) hereof, the deposit securing such completion and such repair, restoration and cleaning shall be returned to the applicant, or such portion thereof as shall remain in the event expenditures have been made therefrom under the provisions of subsection (b) hereof.

(d) So long as any applicant shall not be in default in any such undertaking, the total amount of deposits to the credit of such applicant need riot exceed five hundred dollars ($500.00), but in the event of any default on the part of such applicant no deposits shall be waived.

(e) In lieu of the deposits required by subsection (b) hereof, an applicant may deliver to the Building Inspector a corporate surety bond, satisfactory to the Building Inspector, in a principal sum adequate to secure the performance of such undertaking by the applicant as required by subsection (a) hereof, and conditioned upon the performance hereof within the time and in the manner herein provided. In the event of default by such applicant in the terms of such undertaking such surety shall forthwith pay to the Building Inspector the sum of one hundred dollars ($100.00) for each such building in connection with which such default exists.

(f) In the event a deposit is not returned, and no claim is made for the return of such deposit within one year after the deposit is made with the Building Inspector, the Finance Director shall notify the applicant that unless within thirty days of the date of the. notice such applicant requests a hearing, the deposit shall be forfeited. If no request for a hearing is made by the applicant within thirty days of the date of the notice, the deposit shall be forfeited and shall be transferred to the General Fund of the City. If an applicant makes a timely request for a hearing, the Finance Director shall hear the matter and shall determine whether the applicant is entitled to a refund of the deposit in accordance with the terms of this section.

CROSS REFERENCES

Disturbing the peace See GEN. OFF. 509. 02

Plumbing, sewer and wiring permit fees see BLDG. 1337.01

1339.01 DEFINITIONS.

As used in this chapter;

(a) "Inspector" means the Building Inspector of the City or his authorized representative.

(b) "Swimming pool for multiple dwelling units" means an artificial body of water with a controlled water supply over twelve inches in depth or 100 square feet of surface area, and used and intended to be used solely by the multiple dwelling residents and by friends invited to use it without payment of any fee.

(c) "Family swimming pool" means an artificial body of water, with a controlled water supply, over twenty four inches in depth or 200 square feet of surface area, and used or intended to be used solely by the owner or lessee thereof and his family and by friends invited to use it without payment of any fee.

(d) "Public swimming pool" means an artificial body of water with a controlled water supply, used collectively by numbers of persons for swimming or recreative bathing to which the public is not excluded.

(e) "Public wading pool" means an artificial body of water, with a controlled water supply, not exceeding twenty four inches in depth and used collectively by numbers of persons for wading.

(f) "Permanent family wading pool" means a container which is designed or used for wading purposes, built either upon or below the level of the ground, which is not designed or intended to be readily dismantled,, stored or moved from one place to another.

1992 Replacement

(g) "Private and club swimming pool" means an artificial body of water with a controlled water supply used collectively by numbers of persons for swimming or recreative bathing and where such persons are members of the club or association, or a number of private families, and where the public is otherwise excluded.

(h) "Board of Health" means the Board of Health of the Lake County General Health District or its duly authorized successor agency or official.

(i) "Director of Public Safety" means the Director of Public Safety of the City or any person to whom he may assign any function vested in him under this chapter. (Ord. 61 71. Passed 6 21 61. )

Before work is commenced on the construction of a public swimming pool, family pool, public wading pool or on any alteration, addition, remodeling or other improvement thereto, an application for a permit to construct, and the plans and specifications and pertinent explanatory data hereinafter required, shall be submitted to the Building Inspector for approval, and no part of the work shall be commenced until the Inspector has evidenced his approval by a suitable endorsement upon such plans and specifications, and has granted a permit therefor.

The fee for the building permit to construct a swimming pool shall be at the rate of seventy five cents ($0.75) per 100 square feet, or fraction thereof, of the ground area, occupied by the pool structure, with a minimum fee of ten dollars ($10.00), except that the minimum fee for a portable family swimming pool which has a surface area of 400 square feet or less shall be one dollar ($1.00). The fee for the building permit to alter, arid to or remodel a swimming pool or to construct a permanent wading pool shall be five dollars ($5.00). Such fee is in addition to permit fees applicable to other structures which may be incidental to the pool, or plumbing, sewer, fence or wiring connections therewith.

The Board of Health or Director of Public Safety shall inspect or cause to be inspected all pools within the City at such times as it may deem necessary to carry out the intent of this chapter. The Board or the Director is hereby authorized to enter upon any premises, private or public, to take such samples of water from such pools at such times as it may deem necessary and to require the owner, proprietor or operator to comply with the provisions of this chapter. 1n the event of the failure of compliance, after due notice, with any provision of this chapter, the Board or the Director shall have the power to abate or cause a suspension of the use of such pool until such time as the same is, in the opinion of the Board or the Director, no longer a menace or a hazard to health, safety or morals.

In the construction, operation and maintenance of any swimming pool, laws of the State and the rules, regulations and requirements of the State Department of Health shall

be observed. In the event of any conflict between the provisions of this chapter and any provision of State law or requirement, rule or regulation of the State Department of Public Health, the provision imposing the higher standard or the more stringent requirement shall be controlling.

All reasonable precautions shall be taken to protect the users of public and family swimming pools from injury or accident. Convenient means of ingress and egress shall be provided and the depth of water and any irregularities of the bottom shall be clearly indicated. Safety appliances such as lifebuoys, life hooks, bamboo poles or ropes and equipment including first aid kits shall be provided and be readily accessible.

No constructed pool or artificial body of water in the City which contains sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health, and no body of water which. fails to meet the requirements of this chapter, shall be used for swimming or bathing purposes by any person.

Lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises and public streets.

No person shall make, continue or cause to be made or continued at any pool, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a pool, no person shall use or permit the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the pool premises.

The carrying on of any commercial undertaking entailing sales of food, drinks or other merchandise within the enclosure of any public swimming pool as required in Section 1339.11, or on any private premises, is prohibited.

Except for pools built substantially above existing grade level and which have above-grade sidewalls no less than four feet in height together with a deck at the top edge of the pool which is surrounded by an outer edge protective railing and which is fitted with an access ladder which can be lifted and locked in position to form an enclosed area in conjunction with the protective railing or which access ladder can be entirely removed and

a gate or door be closed and locked to form an enclosed area with the protective railing (herein called "aboveground swimming pools"), every outdoor swimming pool shall be completely surrounded by a fence not less than six feet in height from the existing grade line for public swimming pools, and not less than four feet an height from the existing grade line for family swimming pools. The fence shall be constructed in accordance with the provisions of Part Eleven The Planning and Zoning Code. A building or existing wall may be used as part of such enclosure.

All gates or doors opening through such fence enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or is left unattended.

All aboveground swimming pools shall be designed to contain a protective railing at the outer edge of the deck which railing shall be not less than three feet in height and so that the access ladder may be lifted anal locked in position to form an enclosed area in conjunction with the railing or be capable of being removed and be fitted with a gate or door across the access space which is capable of being locked to form an enclosed area in conjunction with the railing. When the pool is not in actual use or is left unattended, the access ladder shall either be lifted and locked in position to form an enclosed area, or be moved and a gate or door to close the opening through the protective railing shall be put in place and locked.

The requirements for fencing and gates or lift or movable access ladders on aboveground pools shall apply to both new and existing outdoor swimming pools having a maximum depth over twenty four inches, except that owners of existing outdoor pools shall be given a reasonable period, not to exceed six months from the effective date of this section (Ordinance 67 26, passed April 19, 1967) in which to comply. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a maximum depth over twenty four inches shall fail to provide and maintain such fence or wall or liftable or removable access ladder as herein provided.

The Board of Zoning Appeals may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Inspector of Buildings may permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.

Public swimming pools and public wading pools are permitted in Retail Use Districts only, as defined in the Zoning Code, upon a special use permit authorized by Council. Council shall authorize such use only upon being satisfied that the noise anal other factors incident to such pools will not adversely affect the use of surrounding property. Off street parking shall be provided.

Plans, specifications and pertinent explanatory data required to be submitted in connection with an application for a permit to construct a family swimming pool or any alteration, addition, remodeling or other improvements thereto shall comply with the following requirements, and shall include the following plans and information, as well as such other data as may reasonably be requested by the Building Inspector:

(a) Plans shall be drawn to a scale of not less than one eighth inch per foot, indicating all materials and methods of construction and indicating all dimensions, including the length, width and depth of the pool and width of the pool deck;

(c) A "rear yard" is the main yard across the full width of the lot between the rear line of the main. building and the rear lot line. The depth of the rear yard is the mean distance between these two lines.

(d) No pool shall be constructed, installed or erected in front of any building setback line nor shall it occupy an area greater than ten percent of the lot area and be not closer than eight feet to any lot side line or rear line. No deck walk area shall be allowed within three feet of any property line, or within twenty feet of an adjacent dwelling.

(e) The pool equipment layout, showing filters, pumps, chlorinators, hair and lint interceptors and their location and other pertinent information;

(h) The kind, number and size of filters, including the square footage of the filter area in each unit;

(k) The type, design and location of enclosing fence, or, in the case of aboveground swimming pools, the type, design and location of the access ladder, protective railing and walkway deck.

The Building Inspector shall, not issue a permit to construct any family swimming pool or any alteration, addition, remodeling or other improvement thereto unless the following design and construction requirements are observed. Family swimming pools shall be constructed and maintained in conformity with the following requirements. For pools already in existence, the Inspector shall furnish the owners with a program of improvements and additions which shall be carried out over a period not to exceed five years after notice, in order to comply with the requirements of this chapter, except for fencing, which shall be provided within six months from the effective date of this section (Ordinance 67 26, passed April 19, 1967).

(a) Material. The water containing surface of artificial pools shall be light in color, impervious and provide a tight tank with smooth and easily cleaned surfaces. Exposed sand or dirt bottoms are prohibited.

(b) Water Supply and Outlets. Each pool shall be equipped with water inlets and outlets of sufficient size and proper location to provide a uniform circulation of water in all parts of the pool. All water inlets shall be located not less than one foot above the flood rim of the pool, or shall be provided with a vacuum brake sufficient in size to prevent backflow in the event of lowered pressure in the public water lines. All drainage of the pool shall be into a storm outlet only.

(c) Walkways. Except in the case of aboveground pools described in Section 1339.11, the pool shall be completely surrounded by a walkway at least three feet in width which shall be drained away from the pool. Aboveground pools shall be completely surrounded by a deck at least two feet in width.

(d) Water in Pool. The water in the pool shall meet the requirements of the Board of Health.

(e) Recirculation. For new pools provision shall be made for complete circulation of water through all. parts of the pool. The system shall be equipped with a water recirculating system of sufficient capacity to provide a complete turnover of water at least once in twenty four hours. The installation of new pools of the "fill and draw" type shall not be permitted. A satisfactory recirculating system for the pool shall be installed consisting of circulating pumps, float valve control on water supply, if make up tank is used, hair and lint catcher, piping connections to inlets and outlets, and all other necessary fixtures and connections. All equipment must be readily accessible and every pool shall be provided with necessary equipment for the measurement of acidity or alkalinity and for residual determinations.

(f) Hair and Lint Catcher. The pump suction line of the recirculating system shall be provided with a hair and lint catcher.

(g) Hose. Hose connections and hose must be of ample size and pressure to clean all of the pool area.

(h) Lighting. Where a family pool is used during the hours of darkness, illumination of the pool surface and for a distance of eight feet from the edge of the pool shall be maintained between the limits of two and five candles of light, approximately one half watt per square foot of the area required to be illuminated, where lights are placed not over ten feet above and within the limits of the area. All lighting and wiring shall be in accordance with the National Electrical Code, the 1971 edition, and all fixtures and equipment shall be UL approved.

(a) Chlorination. Chlorination shall be accomplished in such manner that the amount of excess or residual chlorine in. all parts of the pool at all times when the pool is in use shall not be less than four tenths parts per million, nor more than one part per million.

(b) Quality of Water. The bacterial quality of water in the pool shall be maintained so that no two successive samples nor more than fifteen percent of any number of successive samples shall contain more than two hundred bacteria per cubic centimeter, nor show positive confirmed results for coliaerogenes.

(1) The Director of Public Safety or the Board of Health may require samples to be taken and submitted for test whenever it is considered necessary for the safe operation of any pool.

(2) Each family swimming pool shall be operated under the supervision of a responsible adult, capable of making field tests such as residual chlorine, and thoroughly familiar with the operation of all mechanical. appurtenances of the pool. Any such operator shall, upon request, demonstrate to the satisfaction of the Building Inspector, his ability to perform his required duties.

(a) Materials. The water containing surface of a permanent wading pool shall be light in color, impervious and provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms are prohibited.

(b) Water Supply and Outlets. Each permanent wading pool shall be provided with a trapped outlet to the storm drain. Water for the pool shall be from the City water curpl (Ord. 61 71. Passed 6 21 61.)

Whoever violates any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00).

A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Barricades and warning lights see GEN. OFF. 517.03

Use of hydrant for construction purposes see GEN. OFF. 537.21

1341.01 TEMPORARY DOORS AND BARRICADES.

Every person, firm or corporation who or which is the owner or person in charge of any building or similar structure under construction in the City shall, from and after the time when the progress of work on the building or similar structure has reached the stage where the framework or studding of the building or similar structure has been enclosed by some building material, provide and have in place in or on all doorways opening to the outside of the building or similar structure, temporary doors or barricades which will completely block ingress and egress into the building or similar structure. Such temporary doors or barricades shall be placed and maintained in position so as to completely block ingress and egress into the building or similar structure during these hours of the day when actual work on the building or similar structure is not in progress or when there is not on the premises some adult personally performing work or labor in connection with the building or similar structure.

(Ord. 55 32. Passed 12 14 55.)

1341.99 PENALTY.

Whoever violates any of the provisions of this chapter or fails to comply therewith, shall be fined not more than one hundred dollars ($100.00).

(Ord. 55 32. Passed 12 14 55.)

1997 Replacement

EDITOR'S NOTE: This chapter was previously titled Flood Hazard Precautions. It was repealed by Ordinance 87 27, passed April 28, 1987, and a new flood hazard ordinance was enacted on 'March 15, 1988 (Ordinance 88 17, codified as new Chapter 1344). This chapter was subsequently re enacted by Ordinance 94 38, passed November 1,1994.

CROSS REFERENCES

Sewers generally see S.U. & P.S. Ch. 921

Water generally see S.U. & P.S. Ch. 925

Storm water management see P. & Z. Ch. 1179

Flood hazard precautions see BLDG. Ch. 1344

1343.01 WATER CONTROL SYSTEM DEFINED.

A water control system is any process or system which permits outside water to enter into a dwelling through the walls and then directs the water, by pump, gravity or otherwise, into the sewer system. A water control system purposely allows the water to enter into the dwelling, whereas a waterproofing system does not permit water to so enter. (Ord. 94 38. Passed 11 1 94.)

1343.02 GENERAL SPECIFICATIONS.

All pipe used shall be Schedule 35 and must be backfilled with #57 wash gravel. The sump pump discharge line shall be at least eighteen inches below grade and tied into a working storm line. The sump pump shall be on a designated electrical circuit. All PVC pipe shall be glued.

(Ord. 94 38. Passed 11 1 94.)

1343.03 PERMIT REQUIRED.

A permit shall be required from the Building Inspector before a water control system may be installed in any City dwelling.

(Ord. 94 38. Passed 11 1 94.)

1997 Replacement

Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the second degree for a first offense and shall be fined not more than seven hundred and fifty dollars ($750.00) or imprisoned not more than ninety days, or both. For a second or subsequent offense, such person is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

CROSS REFERENCES

Flood control by soil conservation district supervisors see Ohio R.C. 1515.08 Flood insurance see Ohio R.C. 3925.34(C), 3941.02(A)(1)

Water supply, sanitation, ditches see Ohio R.C. 6101.01 et seq.

Obstructing or diverting watercourses see GEN. OFF. 521.05, 521.08

Storm water management see P. & Z. Ch. 1179

Water control systems see BLDG. Ch. 1343

1344.01 PURPOSES.

The purposes of this chapter are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Protect human life and health;

(b) Minimize expenditure of public money for costly flood control projects;

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

(d) Minimize prolonged business interruptions;

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

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

(g) Ensure that potential buyers are aware that property is in an area of special flood hazard; and

(h) Ensure that persons who occupy an area of special flood hazard assume responsibility for their actions.

(Ord. 88 17. Passed 3 15 88.)

1997 Replacement

In order to accomplish its purposes, this chapter includes methods and provisions for:

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

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

(c) Controlling the alteration of natural flood plains' stream channels and natural protective barriers, which help accommodate or channel flood waters;

(d) Controlling filling, grading, dredging and other development which may increase flood damage; and

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

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

(a) "Accessory structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

(b) "Appeal" means a request for a review of the Building Inspector's decision based upon the Consulting Engineer's interpretation of any provision of this chapter or a request for a variance.

(c) "Area of special flood hazard" means the land in the flood plain subject to a one percent or greater chance of flooding in any given year. Areas of special flood hazard are designated by the Federal Emergency Management Agency as Zones A, AE, AH, AO, A1 30 and A99.

(d) "Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 100 year flood.

(e) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

(f) "Development" means any man made change to improved or unimproved real estate, including, but not limited to, buildings or other structures; mining, dredging, filling, grading, paving, excavating or drilling operations; or the storage of equipment or materials.

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

(h) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(2) The unusual and rapid accumulation or run off of surface waters from any source.

(i) "Flood Insurance Rate Map" (FIRM) means an official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.

(j) "Flood Insurance Study" means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of the base flood.

(k) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. "Functionally dependent use" includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.

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

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

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

A. By an approved state program as determined by the Secretary of the Interior; or

B. Directly by the Secretary of the Interior in states without approved programs.

(m) "Lowest floor" means the lowest floor of the lowest enclosed area (including the basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the lowest floor.

(n) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

(o) "Manufactured home park" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent. This definition shall exclude any manufactured home park, as defined in Ohio R.C. 3733.01, for which the Public Health Council has exclusive rule making power.

(p) "Manufactured home subdivision" moans a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale. This definition shall exclude any manufactured home park, as defined in Ohio R.C. 3733.01, for which the Public Health Council has exclusive rule making power.

(q) "New construction" means structures for which the start of construction commenced on or after the effective date of the City's Flood Insurance Rate Map and includes any subsequent improvements to such structures.

(3) Designed to be self propelled or permanently towable by a light duty truck; and

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

(s) "Start of construction" means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

(t) "Structure" means a walled and roofed building, manufactured home or gas or liquid storage tank that is principally above ground.

(u) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

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

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

(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or

(w) "Variance" means a grant of relief from the standards of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

This chapter applies to all areas of special flood hazard within the jurisdiction of the City as identified by the Federal Emergency Management Agency, including any additional flood hazard areas annexed by the City that are not identified on the effective Flood Insurance Rate Map.

The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the City of Willowick". This Study, with accompanying Flood Insurance Rate Maps, dated December 4, 1979, and any revision thereto, are hereby adopted by reference and declared to be a part of this chapter. Such Study is on file in City Hall.

Unless specifically exempted from filing for a development permit, as stated in Section 1344.10(b), no structure or land shall hereafter be located, erected, constructed, repaired, extended, converted, enlarged or altered without full compliance with this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter. (Ord. 88 17. Passed 3 15 88.)

This chapter is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction. However, where this chapter and an ordinance, easement, covenant or deed restriction conflict or overlap, the more stringent restriction shall prevail. (Ord. 88 17. Passed 3 15 88.)

(c) Deemed neither to limit nor repeal any other power granted under State statutes. Where a provision of this chapter is in conflict with a State law, such State law shall take precedence.

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

(a) A development permit shall be obtained from the Building Inspector before construction or development begins within any area of special flood hazard established in Section 1344.05. An application for a development permit shall be made on forms furnished by the Building Inspector and designed by the Consulting Engineer and may include, but not be limited to, site specific topographic plans drawn to scale, showing the nature, location, dimensions and elevations of the area in question, and existing or proposed structures, fill, storage of materials and drainage facilities and the locations of the foregoing. The following information is also required:

(1) The elevation, in relation to mean sea level, of the lowest floor, including the basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized;

(2) The elevation, in relation to mean sea level, to which any proposed structure will be floodproofed in accordance with Section 1344.15 where base flood elevation data are utilized;

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 1344.15 where base flood elevation data are utilized; and

(4) A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.

(b) An application for a development permit is not required for maintenance work, such as roofing, painting and basement sealing, or for small development activities (except for filling and grading) valued at less than one thousand dollars ($1,000). Any proposed action exempt from filing for a development permit is also exempt from the standards of this chapter.

The Building Inspector is hereby appointed to administer and implement this chapter by granting or denying a development permit application in accordance with the provisions of this chapter.

The duties of the Building Inspector under this chapter include, but are not limited to, the following:

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(2) Review all development permits to ensure that all necessary permits have been received from those Federal, State or local governmental agencies from which prior approval is required. The applicant is responsible for obtaining such permits as required, including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.

(b) Information to be Obtained and Maintained. Where base flood elevation data are utilized within areas of special flood hazard on a community's Flood Insurance Rate Map, regardless of the source of such data, the Building Inspector shall:

(1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new or substantially improved structures, and state whether or not such structures contain an enclosure below the lowest floor;

(2) For all new or substantially improved floodproofed nonresidential structures:

A. Verify and record the actual elevation, in relation to mean sea level, to which the structure was floodproofed; and

B. Maintain the floodproofing certifications required in Section 1344.10(a)(3); and

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

(c) Interpretation of Flood Boundaries. The Building Inspector shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1344.13.

(1) The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this chapter.

(3) Persons aggrieved by a decision of the Board or any taxpayer, may appeal such decision to the County Court of Common Pleas, as provided in Ohio

(4) In passing upon applications, the Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

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

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

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

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

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

H. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

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

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

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

(5) Upon consideration of the factors set forth in paragraph (a)(4) hereof, and the purposes of this chapter, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The Building Inspector shall maintain the records of all appeal actions and report any variance to the Federal Emergency Management Agency upon request.

(1) Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of paragraph (a)(4) hereof have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.

(2) A variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(3) A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

B. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

C. A determination that the granting of a variance will not result in additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public, as identified in paragraph (a) (4) hereof; or conflict with existing local laws or ordinances.

(5) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of paragraphs ( b ) (1) through ( 4 ) hereof are met, and provided, further, that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

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

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured homes not otherwise regulated by the Ohio Revised Code pertaining to manufactured home parks shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not to be limited to, use of over the top or frame ties to ground anchors.

(1) All new construction and substantial improvements shall be constructed with materials resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

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

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of food waters into the systems and discharge from the systems into flood waters.

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

(1) All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3) All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage.

(4) All subdivision proposals, including proposals for manufactured home subdivisions, shall meet the specific requirements of Section 1344.15(f). (Ord. 95 34. Passed 11 14 95.)

In all areas of special flood hazard where base flood elevation data have been provided as set forth in Section 1344.05 or subsection (f) hereof, the following provisions are required:

(a) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated to or above the base flood elevation.

(b) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the base flood elevation. In order to be eligible for the lower flood insurance rates, the structure should be floodproofed at least one foot above the base flood elevation.

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection. Such certification shall be provided to the official as set forth in Section 1344.10(a) (3).

(c) Accessory Structures. An exemption to the elevation or dry floodproofing standards may be granted for accessory structures (e.g. sheds, detached garages) containing 576 square feet or less in gross floor area. Such structures shall meet the following standards:

(3) Such structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters.

(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed.

(d) Manufactured Homes and Recreational Vehicles. The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home requirements of Ohio R.C. 3733.01:

(1) Manufactured homes shall be anchored in accordance with Section 1344.14(x)(2).

(2) Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.

These standards also apply to recreational vehicles that are either located on sites for 1$0 days or more or are not fully licensed and ready for highway use.

(e) Enclosures Below the Lowest Floor. The following provisions apply to all new and substantially improved residential and nonresidential structures which are elevated to the base flood elevation using pilings, columns or posts. Fully enclosed areas below the lowest floor shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall:

A. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

C. Openings may be equipped with screens, louvers, valves or other openings, provided that they permit the automatic entry and exit of floodwaters.

(f) Subdivisions and Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Sections 1344.05, the following standards shall apply to all subdivision proposals, including manufactured home subdivisions and other proposed developments containing at least fifty lots or five acres (whichever is less):

(1) The applicant shall provide base flood elevation data performed in accordance with standard engineering practices.

(2) If paragraph (f)(1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 1344.14 and this section.

(a) Whoever violates or fails to comply with any of the provisions of this chapter, including violations of and noncompliance with conditions and safeguards established in connection with conditions, shall be fined not more than two hundred fifty dollars ($250.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b) Nothing in subsection (a) hereof shall be deemed to prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance.

CROSS REFERENCES

Interrupting or impairing television see Ohio R.C. 2909.04

"Property" defined to include cable television service see GEN. OFF. 505.01(j) "Services" defined to include cable television service see GEN. OFF. 545.01(e), (s) Theft of services prohibited see GEN. OFF. 545.05

Community antenna television system see BUS. REG. Ch. 717

Wireless telecommunications facilities see P. & Z. Ch. 1181

1345.01 DEFINITIONS.

As used in this chapter:

(a) "Broadcast receiving antenna" means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission (FCC), and includes a UHF disc sharp antenna.

(b) "Satellite earth station" means a signal receiving device of any size, shape or description designed for the purpose of receiving microwave transmissions or other signals, directly or indirectly, from satellites in earth orbit.

(Ord. 93 32. Passed 4 5 94.)

1345.02 PERMIT AND DETAIL DRAWING REQUIRED.

No person, firm or corporation shall erect a satellite earth station or broadcast receiving antenna attached to a roof in the City without first obtaining a permit therefor, and no installation or erection shall commence before such permit is issued in accordance with the provisions of this chapter. Any installation of a satellite earth station or antenna requiring a permit shall be accompanied by a detail drawing stamped by a registered engineer.

(Ord. 93 32. Passed 4 5 94.)

1345.03 PERMIT APPLICATION; PLANS AND SPECIFICATIONS; REGISTRATION OF CONTRACTORS.

(a) Any property owner or contractor who desires to construct or erect a satellite earth station or broadcast receiving antenna shall apply to the Building Inspector for the permit described in Section 1345.02 and pay the required fee. A part owner, occupant, renter or contractor shall obtain the written permission of the owner of the lot, premises or parcel of land on which such satellite earth station or broadcast receiving antenna is proposed.

1997 Replacement

(b) The Building Department shall issue such permit if the applicant submits a written application therefor upon forms provided by the City, together with. three sets of plans and specifications, including a plot plan of the property or parcel of land showing the proposed location of the proposed earth station or antenna and all other buildings on the subject lot; a description of the kind of earth station or antenna proposed; construction plans showing specifications and elevations of the proposed earth station or antenna; and sufficient details as to the method of assembly and construction.

(c) The application shall indicate the owner and/or owners of the subject property, the occupant of the premises and the contractor or other person who shall be permitted to construct or erect the proposed earth station or antenna.

(d) All contractors installing satellite earth stations or antennas shall be registered with the City.

The Building Department shall be responsible for the inspection of satellite earth stations and broadcast receiving antennas during construction. The Department may re inspect erected and/or installed earth stations or antennas for any structural or electrical deficiencies which become apparent or develop with regard to such an earth station or antenna, and the Department shall require correction of any such deficiencies.

(a) All satellite earth stations and broadcast receiving antennas shall be located and designed so as to reduce the visual impact when viewed from surrounding properties and at the street level of the nearest public street. All earth stations and antennas shall have an unobtrusive color and nonglare finish.

(b) No earth station or antenna shall be constructed in front of any dwelling. No earth station or antenna shall be set back less than three feet from each side line or less than three feet from the rear line.

(c) Earth stations and antennas may be constructed only in the rear yard of any property unless a usable signal cannot be obtained from the required rear yard location, m which case the earth station or antenna may then be located on the side yard of the property, subject to the requirements of this chapter.

(d) In the event that a usable signal cannot be obtained by repositioning the earth station or antenna on the rear or side yard of the property, then, the earth station or antenna may be placed on the roof of a building on the property, provided that a special permit is granted therefor by the Building Inspector.

(1) The applicant shall provide satisfactory evidence that establishes a hardship and/or a topographical basis for the allowance of a roof-mounted dish or antenna.

(2) The applicant shall provide the Building Inspector with all data necessary, including, but not limited to, the proposed height of the roof mount, the location, proximity to electrical wiring in the vicinity, structural data of the roof, calculations with regard to the roof load of the rafters, and any other data relative or pertinent to the safety of persons or property in relation to the proposed roof mounting, and to otherwise provide the Building Inspector with sufficient information to make an appropriate determination as to the justification for the granting of a special permit under this subsection.

(3) Should the Building Inspector agree to grant a special permit to allow a roof mounted dish or antenna, the following criteria shall apply:

A. A dish or antenna shall not be mounted upon appurtenances such as towers, trees, poles or spires, except those that are specifically designed for said purpose.

B. An earth station dish or antenna shall not exceed a height of seven feet above the peak or roof ridge or above any roof parapet surrounding the top of any roof.

C. A roof mounted earth station dish, or an antenna shall not exceed eight feet in diameter.

D. An earth station or antenna mounted an a roof shall be designed to withstand a wind velocity or force of eighty five miles per hour without the use of supporting guy wires.

E. Any driving motor shall be limited to 110V maximum power design and be encased in protective guards.

F. An earth station or antenna must be grounded in accordance with Article 250 of the National Electrical Code. Wiring between an earth station or antenna and a receiver located on an accessory building shall be in accordance with Article 810 of the National Electrical Code.

(f) Appeals from decisions of the Building Inspector shall be made to the Board of Zoning Appeals as provided in these Codified Ordinances.

(a) Only corrosion resistant material shall be permitted in the support structure.

(b) The structure and installation shall be in conformance with Article 810 of the National Electrical Code.

(c) Only a concrete base or caissons, depending upon soil conditions, extending not less than three and one half feet below the surface, except where the same is on rock or when specifically permitted by the Building Inspector, shall be employed in line with the grade.

(d) The maximum height of any free standing satellite (free standing earth station) or disc antenna shall be twenty feet from the natural grade level. No antenna shall exceed a height of sixty feet.

(e) The structure, including the foundation, shall be designed to withstand a wind velocity or force of eighty five miles per hour in accordance with generally accepted engineering practice.

(f) All underground electrical wiring shall be U.L. approved with an eighteen-inch cover. Grounding shall conform to Article 250 of the National Electrical Code.

(g) Any driving motor shall be limited to 110V maximum power design and be encased in protective guards.

(h) If guy wires are used, they shall be confined within a fenced area or protected by suitable shields.

(i) The requirements of this section may be modified in industrial, commercial or multifamily districts, if the Building Inspector, after reviewing the plan and any other information requested, finds that such erection or installation is consistent with sound engineering practice.

The fee required for a satellite earth station or broadcast receiving antenna permit shall be twenty five dollars ($25.00) for a single family residential installation and fifty dollars ($50.00) for all others.

(a) No person, firm or corporation shall erect or maintain a satellite earth station or broadcast receiving antenna otherwise than in compliance with provisions of this chapter.

(b) No property owner, part owner, occupant, renter or contractor shall advertise on a satellite earth station or broadcast receiving antenna within the City.

The owner of any lot or parcel where anything in violation of this chapter of the Building Code is constructed, installed or exists, and any architect, builder or contractor who assists in the commission of any violation of this chapter, and any person who violates any of the provisions of this chapter of the Building Code or fails to comply therewith, shall, for each violation or noncompliance, be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Power to regulate signs see Ohio R. C. 715. 27

Power to regulate advertising see Ohio R. C. 715.65

Advertising on State and interstate highways see Ohio R. C. Ch. 5516

Billposting and handbills see GEN. OFF. Ch. 507

1349.01 INTENT.

Sign regulations, including provisions to control the type, design, size and location

thereof, are established in order to achieve, among others, the following purposes:

(a) To promote attractive and high value residential districts, by permitting only nameplates, bulletin boards and signs related to the development, rental or sale of residential properties;

(b) To provide for reasonable, and yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type and size of establishment; and

(Ord. 82 58. Passed 9 21 82.)

1996 Replacement

Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in Chapter 1303.

The construction, erection, safety and maintenance of all signs shall be also in accordance with the provisions of Chapter 43 of the Regional Building Code. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic, temporary or other signs within the City.

The display of official public notices, the flag, emblem or insignia of a political unit shall not be governed by the provisions of these regulations.

Signs, their definitions and type as to design and contents as used in this Building Code are defined as follows:

(a) "Sign" means a structure or part thereof, or any device attached to a structure or parcel of land, and which shall display or include any letter, model, banner, pennant, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business.

(b) Content of Signs. Signs are herein classified according to contents and use as follows

(1) "Bulletin board" means an announcement sign directing attention and located on the lot of a public or semipublic institution.

(2) "Business" means a sign which directs attention to the name of the business or establishment, the goods or commodities sold and/or services rendered on the zoning lot on which the sign is located.

(3) "Commercial, manufacturing and industrial" means a sign directing attention to the name of a commercial, manufacturing or industrial establishment, goods produced or sold or service rendered on the zoning lot on which the sign is located.

(4) "Directional" means a sign indicating the direction to which attention is called on the same lot.

(5) "Nameplate" means a sign indicating the name and/or address of the person or persons occupying the zoning lot.

(6) "Political" means a sign advocating action on a public issue or candidate for public office.

(7) "Real estate and development" means a sign directing attention to the promotion, development, rental, sale or lease of property on which it is located, or a sign indicating the name, owner or manager of a development.

(1) "Flat or wall" means a sign attached to or integral with a wall, or attached to or painted on the windows or doors of a building.

(2) "Marquee" means a sign attached to the soffit or fascia of a marquee, roof over a walk or permanent awning.

(3) "Pole and ground" means a sign erected on a pole, poles or posts and which is wholly independent of any building for support.

(4) "Projecting" means a sign erected on the outside wall of a building and which projects out at an angle therefrom.

(5) "Roof" means a sign erected upon and completely over the roof of any building

(6) "Temporary" means a sign applying to a seasonal or other brief activity constructed of cloth, paper or fabric of any kind with or without a frame. This may also include a back lighted sign mounted on a frame, with or without wheels, that allows it to be easily moved from one location to another.

Standards to measure and compute the amount of sign area permitted in the various districts are herein established, as follows:

(a) The total area of all signs permitted on a lot in accordance with regulations set forth in the following sections shall include:

(1) The area of the faces visible from a public way of all permanent exterior signs; plus

(2) The area of permanent signs placed upon the surface of windows or doors; plus

(3) The area within an outline enclosing the lettering, modeling or insignia of signs integral with a wall and other signs not designed as a panel.

(b) The frontage of a building shall be the number of lineal feet of the facade facing the principal street or containing the main entrance of a store, office, service or manufacturing building.

(c) The frontage of a lot not occupied by a building shall be the number of lineal feet the lot abuts on the principal street.

(d) Buildings or uses having frontage on a second street may include forty percent (40%) of the length of the facade or the lot facing the second street.

Signs shall be permitted in each use district and regulated as to type, content, size and location as provided in the following sections.

(a) One bulletin board not exceeding forty square feet in area and not exceeding six feet in height shall be permitted on the premise of any use permitted in an institutional and recreational district.

(b) Signs necessary for the safe and efficient movement of traffic on the premises.

(c) Signs necessary to the operation of the proposed use. The Planning Commission shall approve such signs upon determining that their size, location and illumination does not adversely affect adjoining properties.

(d) Temporary signs for special events shall be permitted by the Planning Commission provided the signs are not confused with traffic signs and do not interfere with the movement of vehicular and pedestrian traffic.

Signs in residential districts shall conform to the regulations as set forth in this section. The following types of signs shall be permitted

(a) One nameplate not exceeding two square feet in total area shall be permitted for each dwelling and may be located not less than ten feet from any lot line of the premises. Illumination shall be permitted. Such nameplates shall not be permitted for dwellings of three or more units.

(b) One bulletin board or announcement sign shall be permitted on the premise of a public or semipublic institution as regulated in Section 1323.51. In addition, temporary signs may be permitted for special events.

(1) "For Sale" or "To Rent" signs, one temporary sign, not exceeding seven square feet per face or six feet in height shall be permitted for each dwelling or lot. Rental of room signs shall not be permitted.

(2) Subdivision development signs shall not exceed fifty square feet in total area for each street frontage and shall be located not less than fifty feet from any occupied residence. Permits for such temporary signs shall be for a period not exceeding one year and may be renewed while construction is being pursued diligently.

(3) Development signs, of permanent construction, indicating name, owner or manager shall be permitted if not exceeding twenty five square feet in total area for each development and not exceeding five feet in height.

Signs in business districts shall be accessory to a building or use permitted and shall conform with the regulations set forth in this section.

(1) Nameplates and bulletin boards, if accessory to a residential or institutional building or use, as regulated in Sections 1323.51 and 1323.52.

(2) Nameplates for offices, if the sign is located on the same lot as the profession or service to which it is directed.

(3) Business signs, if the sign is located on the same lot as the business or service to which it is directed.

(4) Real estate and development signs, if the sign is located on the same lot on which the real estate business is conducted or the lot to which attention is directed.

80C Signs 1349. 08

(b) Design of Signs. The following types of signs shall be permitted:

(1) Flat and wall signs, if attached to or integral with a wall, or attached to or painted on the windows or doors of a building occupied by a permitted business or service.

(2) Projecting signs, if projecting from a building occupied by a permitted business or service.

(3) Pole signs, if located on the same lot as the business or service building, parking or other use to which it directs attention.

(4) Ground signs, if located on the same lot as the real estate, business, service or other use to which it directs attention.

(5) Temporary signs, if located on the same lot as the real estate, business, service or other use to which it directs attention.

(6) Marquee signs, if located on the same lot as the business or service building, parking or other use to which it directs attention.

(1) The total area of all permanent signs for each office, store or service building, parking lot or other land use shall not exceed the number of square feet indicated in the following table:

MAXIMUM AREA - ALL SIGNS

Frontage of Building Maximum Square Feet Sign Area

or Use (Feet) Permitted by District

U 4 & U 8 U 3

Under 15 70 square feet 80 square feet

15 to 19 85 100

20 to 24 100 120

25 to 29 115 140

30 to 34 130 155

35 to 39 140 165

40 to 44 147.5 175

45 to 49 155 185

50 to 54 162.5 195

55 to 59 170 205

60 to 64 177.5 215

65 to 69 185 225

70 and over 190 plus 5 235 plus 7

for each additional 5 feet frontage or

fraction thereof

(2) Sign areas shall be permitted in addition to the areas stated in the table in subsection (c)(1) hereof, as follows:

1985 Replacement

A. Secondary entrances. Buildings having secondary entrances to a parking area or having a facade facing a second street may have additional signs not exceeding twenty percent (20%) of the area of signs permitted on the main facade.

B. Nameplates. Professional or service offices and organizations above the ground floor of a building may leave additional signs provided the total area of the signs does not exceed two percent (2%) of the floor area occupied by the establishment or fifty square feet, whichever is the smaller. Any window sign shall not exceed two square feet in area.

C. Theaters. The size, area and design of the sign shall be determined for each establishment and regulated by conditional use permits.

D. Temporary development signs, announcing a proposed building, a building under construction or advertising the sale, rental or lease of a building, or part thereof, shall be located on the zoning lot occupied by the building or use advertised and shall not exceed forty square feet in total area for each street frontage. Permanent signs, indicating name, owner or manager shall be permitted; the size and design to be approved by the Commission.

E. Directional signs, of permanent construction, indicating traffic routes and similar functions, shall be permitted in addition to the above limitations if each sign does not exceed four square feet in area.

F. Temporary signs, announcing sales, new products and special business events, shall be permitted on the outside of buildings and in the yards where other signs are permitted, in addition to the permanent business signs, provided such signs do not exceed forty percent (40%) of the maximum area permitted for each establishment or thirty square feet, whichever is larger, and are not displayed more than thirty consecutive days.

(d) Location of Signs. Signs in business districts may be located on the surface of, or project from, the building wall facing a street, a pedestrian way or adjacent to a parking area, or erected on poles or other ground supports in yards as herein regulated. The maximum dimensions set forth shall include the structural members unless otherwise indicated.

(1) Flat or wall signs shall not project more than eighteen inches in front of the building wall and not project beyond any building corner and the top shall be at least six inches below the coping.

(2) Projecting signs shall be limited to not more than one sign for each establishment or store unit. Such signs shall be attached to the wall and the top shall be at least six inches below the coping. Any face of a projecting sign shall be not less than five feet from a side lot line or party wall of another store unit.

(3) Marquee signs may extend above the fascia; however, the vertical dimension of such sign, including fascia, shall not exceed four feet.

(4) Pole signs shall not project over a public way and the support for the sign shall not be located within the public right of way. The maximum size of one face of any pole sign shall not exceed forty square feet except as provided in Section 1349.10(b)(2).

(5) Ground signs shall not be located within the required screening area and shall not be less than five feet from another business lot and not less than twenty five feet from a residential district line or exceed ten feet in height. The maximum size of one face of any ground sign shall not exceed forty square feet. Temporary development signs may, however, be located in front of the setback line and a permanent development sign may be located in front of setback line if approved by the Commission. Directional signs may be located within the screening area.

(e) Height of Signs. The height of the lowest member of any sign which is not integral with a wall surface shall be not less than nine feet above a sidewalk, or other pedestrian way and not less than fifteen feet if over or within eighteen inches of the vertical projection of a pavement used for vehicular traffic. Pole signs shall not exceed the height of the building to which it is accessory or twenty five feet, whichever is higher.

(f) Off-Premises Signs. Notwithstanding the provisions of this Section 1349.08, the Planning Commission shall have authority to permit a business sign to be located on property adjoining the applicant's property under circumstances where there exists no suitable location for such sign on applicant's property, provided that the written consent of the adjoining owner has first been obtained and that the addition of the sign applied for meets all other requirements of Chapter 1349 of the Codified Ordinances.

Signs in commercial, manufacturing and industrial districts shall be accessory to a building or use permitted and shall conform with the regulations set forth in this section.

(1) Real estate and development signs, as regulated in Section 1349.08, shall be permitted in industrial districts.

(3) Commercial, manufacturing and industrial signs, if the sign is located on the same lot as the establishment or use to which it is directed.

(1) Flat and wall signs, projecting signs and pole signs, as regulated in Section 1349.08.

(2) Ground signs, if located on the same lot as the building or use to which they direct attention.

(3) Temporary signs, if located on the same lot as the building or use to which they direct attention.

(c) Area of Signs. The total area of all permanent types of service and industrial signs shall be determined in accordance with the standards set forth in Section 1349.04. The total area of the visible surfaces of the industrial signs for each establishment shall be determined by the Table in 1349.08(c)(1) under U 8 District.

(d) Location of Signs. Flat or wall signs, projecting signs and pole signs in industrial districts shall be located in accord with regulations set forth in Section 1349.08 Ground signs shall be located in accord with the side yard regulations and shall maintain the same setback as for buildings. One ground sign not exceeding forty square feet in area may be permitted for each establishment at not lass than twenty five feet from the right of way line.

(a) The Planning Commission may grant a conditional use permit for the erection of pole signs and roof signs as provided for in this chapter.

(b) The granting of a conditional use permit shall be limited to the following situations:

(2) Where there is more than one unit in a building in a business or commercial, manufacturing and industrial district and the permitted maximum of any one face is increased according to the following schedule, provided that the total area be apportioned to all the units in a single coordinated pole sign.

D. More than fifteen units and a frontage greater than six hundred feet may be alloted two hundred square feet per face.

(3) Within seven hundred fifty feet of freeway center line within business or commercial districts.

(4) Where temporary conditions have deprived a business district or commercial, manufacturing and industrial district occupant to lose the use of his normal exposure, a temporary permit may be granted without reducing the alloted number of temporary permits. The permit shall specify the term of the permit, and the exact location of the temporary sign if not on the permit holder's property.

(c) Any conditional use permit issued pursuant to dais section shall incorporate therein the size, area and height of such pole sign or roof sign.

(d) The sign specification for a U 2D District shall be set lay the Planning Commission at the time of the application for a build ing permit.

Nonilluminated signs which promote the election, passage or defeat of any candidate for public office or issue to be voted upon by the public are permitted only upon the following conditions:

(b) No political sign shall be erected or displayed until the permit fee required under Section 1337.01(g)(3) has been paid to the Director of Finance and a permit issued to the candidate or committee.

(c) The candidate or committee shall present proof of permission to erect and/or place any political sign on an unoccupied building or property, from the owner of such property, and submit to the Building Inspector a street address for such sign prior to its erection.

(d) No political sign shall be displayed except in conformity with the provisions of this section, and any political sign unlawfully displayed may be seized, confiscated and destroyed by the Building Inspector.

(f) No political sign shall be displayed except during a period beginning thirty days before and five days following the election with which such political sign is concerned.

(g) If all political signs erected and displayed by a candidate or committee are removed within the time provided for in this section, then the Director of Finance shall return the deposit provided for under Section 1337.01(g)(3), provided, however, that if such signs are not removed after the required five day period after the election, the City shall remove and destroy the signs and the deposit shall be forfeited and paid into the General Fund of the City.

Signs shall not project over or obstruct the required windows or doors of any building, attach to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in the Building Code.

Unless regulated otherwise in the Traffic Code, signs shall not be erected so as to obstruct street sight lines, or traffic control lights or signs at street intersections or street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc. , or otherwise resemble highway traffic signs.

Special or unusual construction shall be referred to the Police and Fire Departments for their recommendation.

Light sources to illuminate signs shall be reflected and shielded and not be of excessive brightness or cause glare hazardous to pedestrians or auto drivers or be objectionable to adjacent residential districts. The colors red or green, either in direct illumination or reflection, shall not be used where they may interfere with the sight lines of a traffic signal. Flashing, moving or intermittent illumination shall not be permitted.

Signs in residential districts shall not be illuminated, except for bulletin boards for institutions. All signs in business, commercial and industrial districts may be illuminated. Illumination of parking lots shall not be of excessive brightness or cause a glare objectionable to any adjacent residential district and, except for illumination required for safety purposes, such lighting shall be permitted only during the hours the establishment is in operation.

Christmas display lighting shall not be restricted by the foregoing regulations.

The sign regulations in this chapter shall be administered as provided in the following sections.

(4) Commercial and industrial districts; all signs except nameplates two square feet or less.

(b) Application for permits to erect, place, paint or alter a sign shall be made by the owner or lessee of the property upon which a sign is proposed and submitted on forms required by the Building Inspector. The application shall be made either separately or included with a permit for a building. The fee shall be established by separate ordinance.

(1) The design and layout proposed, including the total area of sign the size, character and color of letters, lines and symbols;

(3) The exact location of the sign in relation to the building and property; and

(4) Details and specifications for construction, erection and attachments as may be required by the Building Code.

Whenever the removal of any sign has been ordered by the Building Commissioner and the person, firm or corporation on whose premises such sign or display structure has been erected, affixed, attached or maintained shall fail to remove the sign within forty eight hours after receiving such notice, the Commissioner may remove or cause to be removed such sign at the expense of the person, firm or corporation on whose premises it was erected, affixed or attached. Each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign. (Ord. 82 58. Passed 9 21 82.)

It shall be unlawful for any person to display upon any sign or other advertising structure as herein defined, any obscene, indecent or immoral matter.

No person, firm or corporation shall place on or suspend from any building or other structure or on the real estate any advertising object or structure other than a sign as defined, regulated and prescribed by this chapter.

The sections and subsections forming part of or established by this chapter and the several parts, provisions and regulations hereof are hereby declared to be independent sections, subsections, parts, provisions and regulations, and the holding of and, such section, subsection, part, provision or regulation hereof to be unconstitutional, void or invalid for any cause shall not affect nor render invalid any other such section, subsection, part, provision or regulation thereof.

No person, firm or corporation which owns, leases, operates or manages any real property within the City shall erect, construct or maintain or permit to be erected, constructed, or maintained, any sign in violation of the provisions of this chapter.

Any person, firm or corporation who violates any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each separate offense. Each day of continued violation shall constitute a separate offense. (Ord. 82 58. Passed 9 21 82.)

CROSS REFERENCES

Regulations to control house sewers and connections see Ohio R.C. 729.51

Sewers generally see S.U. & P.S. Ch. 921

Willoughby Eastlake Wastewater Collection and Treatment System see S.U. &

P.S. Chs. 922, 923

Storm water management see P. & Z. Ch. 1179

1353.01 LOCATION AND/OR EXCAVATION; PERMIT REQUIRED; APPLICATION; FEE; COMPLETION OF WORK.

No person shall commence any work to locate and/or excavate a storm and/or sanitary sewer test tee riser without first obtaining a permit therefor from the Building Inspector. Application for a permit to locate/excavate shall be made in writing and submitted to the Building Inspector for approval. No fee shall be required for such permit. The test tee riser must be located/excavated within ten working days of the issuance of the permit.

(Ord. 94 47. Passed 11 15 94.)

1353.02 MARKINGS; NOTIFICATION OF BUILDING DEPARTMENT; CONSTRUCTION.

(a) Upon location of the test tee, the contractor shall mark the driveway and sidewalk with an arrow to designate the sanitary lines, and with an "x" to designate the storm lines. Such markings shall be engraved into the concrete.

(b) The contractor shall supply the Building Department with written measurements of the test tee riser locations immediately after the time the test tee riser is located. Risers shall be capped with a six-inch cast iron frame and cover set at ground level.

(c) All test tees constructed or existing in sidewalks and/or driveways shall be surrounded by concrete and capped with a six inch cast iron frame and cover.

(d) All excavated earth shall be immediately removed from the site of the excavation and all excavations shall be filled with premium backfill. Wood coverings or barricades are strictly prohibited.

(Ord. 94 47. Passed 11 15 94; Ord. 2001-18. Passed 8-21-01.)

2001 Replacement

(a) The contractor shall notify the Building Department of any failed test tee riser dye test. All retests shall be made by the contractor in the presence of the Building Inspector.

(b) The Building Inspector shall verify that there is a problem with the test tee and/or related parts of the sewer before a contractor is engaged to repair the defects.

A test tee riser shall be used only for the purpose of testing or servicing the lateral. Any other use, including use as a drainage connection to the lateral, is prohibited.

Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

CROSS REFERENCES

Building Inspector see BLDG. 1331.01

Certificates of inspection required prior to sale of multiple dwelling structures see

BLDG. 1333.17

Certificate of occupancy fees see BLDG. 1337.01(i)

1355.01 CERTIFICATES OF INSPECTION AND OCCUPANCY REQUIRED.

(a) The owner of any dwelling structure, other structure, or land upon which such dwelling structure or other structure is located in the City, entering into an agreement to sell or otherwise convey an interest in such land or structure, shall obtain from the Building Inspector a certificate of inspection, and shall present such certificate or any exact copy thereof to any prospective purchaser or grantee prior to the time of transfer of title to the purchaser, and shall permit the escrow agent, if any, to comply with this chapter. The certificate of inspection shall contain the inspection report of the Building Inspector concerning the condition of the sidewalks, lateral sewers, and connections for sanitary sewers, sanitary sewer risers, and smoke detectors for the subject real property. No certificate shall be issued to a new owner of an existing building or structure until the applicant for such certificate has produced evidence, satisfactory to the Building Inspector, that the sewer piping on the subject property from the building to the sanitary main and storm sewer is in good condition and reasonably free from infiltration, and that the connections to the sanitary sewer, and corresponding risers, have been identified and located.

2001 Replacement

(b) No certificate shall be issued to a new owner of an existing building or structure until the applicant for such certificate has produced evidence, satisfactory to the Building Inspector, that the aforesaid risers shall be capped with an appropriate cast iron riser cap having a six inch diameter. Said risers shall be set at an elevation of ground level.

(c) The testing necessary to provide compliance with the provisions of this section shall be conducted by the City or its agent using a video camera in the sanitary and storm mainline and/or such other tests as determined by the City Engineer. The cost of such testing shall be paid by the property owner at the prevailing price as set from time to time by Council. All approvals of work to correct defective lateral sewers, defective sewer connections and defective risers shall be made by the City.

(d) Upon the providing of sewer cleaning services to the property owner by the Service Department of the City prior to any point of sale inspection required by this section, the owner shall, at such time, cause the riser(s) connected to the applicable sanitary and/or storm sewer to be set at an elevation of ground level as required in subsections (a), (b) and (c) of this section.

(a) A transfer or conveyance of any interest in a personal residence between spouses, or between ex spouses as a result of an order in a domestic relations action, or as a result of the death of one spouse, or to a trust or to another family member where the property remains the personal residence of the spouse, ex spouse or grantor, shall be exempt from the requirements of this chapter.

(b) A person who takes possession by a trust or deed, where the property remains the residence of the grantor as specified in subsection (a) hereof, shall be required to notify the Building Inspector in writing by January 31 of each calendar year that the same individual still occupies the residence. Failure to so notify the Building Inspector shall subject the residence to the testing requirements of Section 1355.01.

(c) The grantee shall report to the Building Inspector within thirty days after the grantor ceases to reside at said property the fact that it is no longer the grantor's residence.

(a) An application for a certificate of inspection required by this chapter shall be made by the owner or an agent of the owner upon forms provided by the Building Inspector. The Building Inspector shall inform the applicant that he or she has a constitutional right to refuse entry by City inspectors without a search warrant.

If the applicant consents to the inspection, the parties shall then agree to a time during the working hours of the Division of Building Engineering and Inspection, or at some other mutually agreeable time, when the inspection is to be made.

If the applicant refuses to consent to the inspection, the Building Inspector shall procure a search warrant as provided by law to gain entry.

(b) The following schedule for issuing a certificate of inspection shall be followed, except where a longer period is required because of a large number of units in a building or structure or because of other causes beyond the control of the City:

(1) Within five working days after receipt of the application and required fee, the Building Inspector shall cause an inspection of the designated property to be made.

(2) The Building Inspector shall issue a certificate of inspection, which certificate shall contain the following information:

A. The street address, permanent parcel number or other identifying characteristics of the property;

D. An inspection report concerning the condition of the sidewalks and the lateral sewers, and a statement that smoke detectors and carbon monoxide detectors are properly installed and maintained on the property where required by ordinance. The inspection regarding the detectors shall be conducted by the Fire Division, which shall issue its report to the Building Inspector.

(3) Except in the case of danger to the public health or safety, the certificate of inspection shall contain the order of the Building Inspector for the correction of any code violations noted on the certificate, which violations shall be corrected by the owner of the property within ninety days of the issuance of the certificate unless, for good cause shown, the Building Inspector has extended the time for compliance. If such owner does not correct the violations enumerated in the certificate of inspection prior to the time the title is transferred to the purchaser, then the purchaser of such property shall be required to correct the violations contained in the certificate of inspection within the time allotted in the notice given to the prior owner as such time may be extended by the Building Inspector.

(4) The lateral sewers test shall be valid for a period of two years from the date of the test, unless the City Engineer authorizes a longer period based on the record of repairs for said lateral sewers and based on sound engineering principles, except for those structures governed under Section 921.11(e) of these Codified Ordinances, which shall be governed by said section.

(5) In the case of resale within the two year period, such certificate shall be transferred to any subsequent bona fide purchaser and shall be valid for the remainder of the period set forth in paragraph (b)(4) hereof.

(6) Upon the filing of an application for a certificate of inspection, a copy of the application shall be given to the City's Tax Administrator. The Tax Administrator shall search his records to determine if the owner is in compliance with Chapter 193 of these Codified Ordinances. No certificate of inspection shall be issued until such time as the Tax Administrator has certified that there as compliance or that an agreement has been reached whereby the owner will comply.

(Ord. 93 14. Passed 4 20 93; Ord. 94 26. Passed fi 7 94; Ord. 95 26. Passed 6 20 95; Ord. 95 28. Passed 7 5 95; Ord. 95 36. Passed 10 17 95; Ord. 96 12. Passed 2 20 96.)

(c) It is a violation of this chapter if, after inspection, a seller or buyer removes from the property any equipment required under this Building Code or under the Fire Prevention Code, including, but not limited to, smoke and/or carbon monoxide detectors, whether or not said equipment is permanently affixed to the property.

(a) At the request of the owner of property or his or her agent, the City shall issue a certificate of occupancy, signed and dated by the Building Inspector, stating that violations listed on a specific certificate of inspection have been corrected to the City's satisfaction, when, in fact, all such violations have been corrected.

(b) At the request of the owner of property or his or her agent, the City may issue a letter or other written document, signed and dated by the Building Inspector, stating that some, but not all, of the violations listed on a specific certificate of inspection have been corrected to the City's satisfaction.

(a) The fee for a certificate of occupancy shall be seventy dollars ($70.00) for each building or structure. Such fee shall be in addition to the charge established in Section 921.13 of these Codified Ordinances. The fee shall be paid at the time the application for a certificate of occupancy is issued.

(b) There shall be no fee for any re inspection requested by the owner within two years, from the date of issuance of a certificate of inspection for the same property.

(a) No person shall transfer or convey any interest in a structure without first providing the purchaser or prospective purchaser with a current certificate of occupancy or an exact copy thereof as provided in this chapter.

(b) The seller shall deposit in escrow a statement signed by the purchaser acknowledging receipt of the certificate of occupancy, and such signed statement shall list thereon the date the certificate was given to the purchaser.

(c) If, under the terms of a contract of sale, the seller is obligated to correct all violations listed on the certificate of inspection, the seller shall deposit in escrow, before transfer of title to the purchaser, either the certificate of occupancy described in Section 1355.03 and/or a written statement agreed upon by the seller and the purchaser, filed with the escrow agent, setting forth an agreed sum of money that is sufficient to cover the costs of correcting those specific violations listed on the certificate of inspection which remain uncorrected.

(d) If, under the terms of the contract of sale, the purchaser's obligation for correction of violations listed on the certificate of inspection is limited to the contribution of a specifically stated dollar amount, or is limited to the purchaser's obligation to correct specific, but not all, violations, then the seller shall deposit in escrow either a compliance document described in Section 1355.03(a), if, in fact, all such violations have been corrected, or a compliance document described in Section 1355.03(b), together with a written statement agreed upon by the seller and purchaser, filed with the escrow agent, setting forth an agreed sum of money that is sufficient to cover the costs of correcting the violations cited on the certificate of inspection which remain uncorrected and for which the seller is responsible.

(e) If, under the terms of the contract of sale, the seller has either not agreed to correct all violations as provided in subsection (c) hereof, or the purchaser's obligation is not limited to the payment of a stated sum of money or to the correction of specific violations as provided in subsection (d) hereof, then the contract of sale between the seller and the purchaser shall be conditional upon the seller and purchaser agreeing, in writing, after the certificate of inspection has been exhibited to the purchaser, as to their respective obligations for correction of the remaining uncorrected violations listed on such certificate.

The seller and purchaser shall thereafter deposit in escrow, before transfer of title to the purchaser, their written agreement as to each party's responsibility for the correction of violations listed on the certificate of inspection remaining uncorrected, and such agreement may have attached thereto a compliance document described in Section 1355.03(b) evidencing the seller's correction of those violations for which he or she is responsible, and/or an agreed sum of money that is sufficient to cover the cost of correcting those violations remaining uncorrected for which the seller is responsible.

(f) This chapter sets forth requirements and procedures applicable to relationships between the seller and purchaser at the time of the sale of real estate as to code violations relating to sidewalks and lateral sewers. Nothing contained in this chapter shall be construed to limit the City, at anytime, from proceeding against the owner of property to require correction of code violations, as the owner of property is defined in these Codified Ordinances.

(g) This chapter shall apply to the individual transfer of property through inheritance or gift. If the building or structure or land upon which such building or structure is located is sold at a sheriff's sale or other court ordered auction, and no certificate of inspection has been issued within two years prior to such sale, the purchaser or grantee shall apply in writing to the Building Inspector within thirty days after the date of such sale, certificate of transfer, or gift for an inspection of the property. The method, application, inspection and correction of violations shall be as set forth in this chapter, with the purchaser, heir or grantee accepting responsibility for the correction of all code violations relating to sidewalks and lateral sewers within ninety days of the issuance of the certificate of inspection.

(a) No person acting in the capacity of an escrow agent in any real estate transaction involving the bona fide sale or conveyance of any interest in a dwelling structure, or any other building or structure or land upon which such building or structure is located in the City, shall file for record an instrument to transfer title thereto or disburse any funds from such sale unless the provisions of this chapter have been satisfied, including, but not limited to, the specific provisions of Section 1355.05.

(b) No person shall sell, by land contract or otherwise, any interest in any existing building or structure in the City without furnishing the buyer, prior to such sale, with proof that the lateral sewers on the subject property from the building to the mains are in good condition and free from infiltration and, when an escrow has been established, without depositing in such escrow, prior to the delivery, possession or transfer of title, a statement from the buyer acknowledging receipt of such proof relating to the condition of the sewer pipe.

(a) In issuing a certificate of inspection, the City does not thereby ensure, warrant or guarantee to the holder thereof, to his or her assignees or to any other interested party that such certificate contains all of the violations of these Codified Ordinances or statutes of the State. Such certificate should be considered by all parties as the City's best effort to make known to owners and purchasers of real estate the known violations relating to the condition of sidewalks and lateral sewers on a given property at the time the inspection is made. A copy of this section, or a digest hereof, shall be contained in each certificate of inspection.

(b) In issuing a certificate of occupancy under this chapter, the City does not thereby ensure, warrant or guarantee the quality of repair or standard of work completed in the correction of violations listed on a certificate of inspection. Such document should be construed only as a statement by the City that some or all of the violations listed on the certificate of inspection have been corrected to the City's satisfaction. A copy of this section, or a digest hereof, shall be contained in each compliance document.

(a) No person shall buy or accept, by deed, land contract or otherwise, any interest in any existing building or structure in a Class U1 or U2 Zoning District without obtaining from the seller, prior to such sale, proof that the provisions of Sections 1355.01 through 1355.07 have been satisfied.

(b) Any person who buys or accepts, by deed, land contract or otherwise, any interest in any existing building or structure in a Class U1 or U2 Zoning District without obtaining proof from the seller that the seller has complied with the provisions of Sections 1355.01 through 1355.07 shall be responsible for applying for a certificate of inspection within thirty days after the date of conveyance of the property and shall comply with ail requirements of this chapter.

No real estate broker or salesperson shall enter into a listing agreement for the sale of real estate in the City without notifying the owner of said property of the requirements and costs for inspection under this chapter and having the owner verify said notice, in writing, on forms available from the Building Inspector. The notice and verification shall be filed with the Building Inspector.

Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

CROSS REFERENCES

State law provisions see Ohio R. C. Ch. 5311

1357.01 TITLE AND PURPOSE.

(a) Title. This chapter shall be known and may be cited as the "Willowick Residential Condominium Ordinance".

(b) Purpose. It is the purpose of this chapter and the policy of the City to establish standards for all future conversion condominium developments within the City in order to protect the tenants of rental units designated for condominium conversion and the purchasers of conversion condominium units and also to encourage the maintenance arid improvement of housing in the City.

(Ord. 82 51. Passed 9 21 82.)

1357.02 CONSTRUCTION; SEVERABILITY; APPLICABILITY.

(a) Construction. This chapter shall be liberally construed and applied to promote its purposes and policies.

(b) Severability. If any of the provisions of this chapter or the application to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

2001 Replacement

(1) This chapter shall apply to all multi family dwellings located within the City:

C. In which the developer has not, on the effective date of this chapter, commenced a public and common promotional plan for the sale of condominium units within the City.

(2) The provisions of this chapter shall not apply to resales of condominium units other than resales of condominium units by the developer.

(3) The provisions of this chapter with the exception of Section 1357.06(k) shall not apply to nor be enforceable against any party to a sale of a unit other than the developer nor shall any violation or noncompliance by the developer of any of the provisions of this chapter operate to impose either directly or indirectly, any civil or criminal liability upon such other party, including title insurance companies, mortgagees, escrow agents, attorneys and real estate brokers other than those directly employed by the developer.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "Capital improvement" means any improvement with a useful life greater than one year and subject to the depreciation rules of~the United States Internal Revenue Code.

(b) "Common areas and facilities" includes, except as otherwise provided in the declaration, the following parts of the condominium property:

(2) All other areas, facilities, places and structures that are not a part of a unit, including but not limited to:

A. The foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of buildings;

C. The premises for the lodging of janitors or persons in charge of the property;

D. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;

E. The elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;

F. Such community and commercial facilities as may be provided for in the declaration; and

G. All other parts of the condominium property necessary or convenient to its existence, maintenance and safety, or normally in common use, or that have been designed as common areas and facilities in the declaration or drawings.

(c) "Condominium" means real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.

(d) "Condominium development" means a condominium property in which two or more individual dwelling units, together with undivided interests in the common area and facilities of the property, are offered for sale pursuant to a common promotional plan.

(e) "Condominium ownership interest" means a fee simple estate or a ninety nine year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common areas and facilities.

(f) "Condominium unit" or "unit" means a portion of the condominium development designated for separate ownership.

(g) "Conversion condominium development" means a condominium development in which the condominium units were previously rental units.

(h) "Declarant" means any person who plans to execute or has executed the declaration or on whose behalf the declaration is executed.

(i) "Declaration" means an instrument by which property is submitted to the Ohio Condominium Act, Ohio R. C. Chapter 5311.

(j) "Developer" means any person who, directly or indirectly, sells or offers for sale condominium ownership interests in a condominium development, including the declarant of a condominium development and any successor to the declarant who stands in the same relation to the condominium development as the declarant, and including any agent thereof.

(k) "Public offering statement" means a document provided by the developer under Section 1357.05, which discloses the characteristics of the condominium development.

(l) "Purchaser" means both an actual and a prospective purchaser of a condominium ownership interest.

(m) "Unit owner" means a person who owns a condominium ownership interest in a condominium unit.

(a) Filing of the Public Offering Statement. No developer shall sell or offer to sell a condominium ownership interest in a conversion condominium development in the City unless he first files the following items with the Building Commissioner of the City:

(1) Twenty copies of the public offering statement provided by the developer under Section 1357.05;

(3) A fee of twenty dollars ($20.00) per condominium unit. Such fees shall be in substitution for all other fees incidental to the conversion condominium development under the Building Code.

(b) Compliance With Building Code. No developer shall sell or offer to sell a condominium ownership interest in a conversion condominium development in the City unless the Building Commissioner has issued a certificate of occupancy attesting that all common areas therein are in compliance with City Code Chapter 1333 and the Building Code, unless within the public offering statement there is described the specific common areas therein which the Building Commissioner has determined are not in compliance with the Building Code, and also the following:

(1) A statement by the developer specifying the estimated cost and estimated time of completion of all work necessary to correct each Code violation, such time of completion not to exceed six months from date of filing, subject to strikes, adverse weather conditions, acts of God and/or other similar events beyond the control of the developer, and

(2) A bond filed with the City in the sum of one hundred percent (100%) of the estimated cost of the work required for Code compliance, such estimated cost to be verified by copies of contracts for completion of the work required for Code compliance.

(1) To assure compliance with the warranty obligations specified under Section 1357.05(a)(4) the developer shall place in a separate warranty escrow account a sum equal to one percent (1%) of the gross sales price of each unit as sold, such escrow account to be established at a financial institution in the City whose accounts are insured by a government agency. Such warranty escrow account must be maintained for the period of the warranty.

(2) Following notification by a unit owner or the unit owners' association, the developer shall make any required repairs or replacements of the warranted areas and facilities in a timely manner or as promptly as conditions necessitate in case of emergency. If the developer fails to comply with the warranty provisions, the unit owner or the unit owners' association may notify the developer in writing of intention to correct the condition at the developer's expense. If the developer fails to comply within fourteen days after being notified by the unit owner or unit owners' association or as promptly as conditions require in case of emergency, the unit owner or unit owners' association may, after receiving two or more written estimates of the cost, have the work done by the tradesman submitting the lowest, responsible estimate and have the cost of the work deducted from the warranty escrow account. If litigation is necessary in order to enforce any warranty hereunder and/or to attach funds from such escrow account, a prevailing plaintiff may, in addition to damages, be awarded reasonable attorney fees by the court.

2001 Replacement

82C Condominiums 1357.05

1357.05 DISCLOSURES OF THE PUBLIC OFFERING STATEMENT.

(a) Disclosures. The public offering statement shall disclose fully and accurately the characteristics of the conversion condominium development and the units therein and all unusual and material circumstances and features affecting the condominium development. The public offering statement shall not intentionally omit any material fact or contain any untrue statement of a material fact and shall contain all of the following:

(1) A statement indicating the names and addresses of:

A. The developer and legal and beneficial owner, if different, of the land and improvements, including all general partners of a partnership, or all directors and owners of ten percent (10%) or more of the beneficial interest in the stock of a corporation.

B. The mortgagees, the principal sales and management agents, attorneys, accountants, architects, engineers and contractors.

(2) A description of all condominium property and improvements, including the following:

A. A general narrative description stating the total number of units, a description of the types of units, the price of each type of unit and all appliances and personal property included with each unit.

B. A description of all of the common areas and facilities and the share of ownership of each unit in the common areas and facilities. Limited common areas and facilities, if any, and their ownership shall also be indicated.

C. A site plan showing location and dimensions of the conversion condominium development and the land it occupies together with all capital improvements, a typical floor plan and typical individual unit plans, including dimensions.

D. A description of each of the capital improvements contemplated but not yet completed by the developer, including the type and quality of materials to be used, the estimated costs, and the dates by which such capital improvements shall be completed.

E. A description of the nature and ownership of all improvements and sublots occupying the same zoning lot, but which are not part of the conversion condominium development and the locations, nature and ownership of easements, streets, roads, driveways and parking facilities which are associated with the condominium development.

F. A statement as to the maximum number of units the developer intends to retain ownership of and/or to transfer to persons who do not intend to reside therein.

G. A statement disclosing whether any units or common areas or facilities in the conversion condominium development may be used for commercial purposes, the nature and extent of such uses and the effect of such uses, if any, on the condominium unit owners.

H. A description of the nature of any restraints on the free alienability and/or use of all or any part of the conversion condominium development, excluding residential zoning use. If there are any restrictions upon the free sale, transfer, conveyance, encumbrance or leasing of a unit, the following statement shall be inserted in a type size and style equal to at least twenty point bold type "THE SALE, LEASE OR TRANSFER OF UNITS (NUMBERS) IS RESTRICTED OR CONTROLLED". Immediately following this statement, there shall appear a reference to the documents, articles, paragraphs and pages where the restriction, limitation or control on the sale, lease or transfer of units is set forth or described in detail.

I. A description of all restrictions, notices, lis pendens and encumbrances of record, and a statement of any pending or threatened litigation concerning the conversion condominium development.

J. A report by the developer stating the age, the condition and the developer's opinion of the remaining useful life of structural elements and mechanical and supporting systems, together with the developer's estimate of repair and replacement costs projected for five years from the date of the filing of the declaration.

A. A two year estimated operating budget, revised and updated at least every six months, of annual expenditures necessary to operate and maintain the common areas and facilities of the conversion condominium development, specifically stating the assumptions and basis on which each item included in such operating budget was formulated. The developer may be held financially responsible for any intentional misrepresentations in the estimated operating budget. The estimated operating budget shall include at least the following costs, if applicable:

If no reserve is provided for any one or more of the applicable reserve costs listed herein, tile following statement shall be inserted in a type size and style equal to at least twenty point bold type: "THE DEVELOPER HAS NOT PROVIDED A RESERVE FOR CERTAIN POSSIBLE FUTURE COSTS OF THE CONDOMINIUM IN HIS BUDGET. ACCORDINGLY, IT MAY BE NECESSARY TO PROVIDE FOR A SPECIAL ASSESSMENT TO ALL CONDOMINIUM UNIT OWNERS TO PAY FOR SUCH COSTS SHOULD THEY OCCUR."

B. A two year statement of the estimated common area and facility operating budget for each individual unit, and a statement of all additional estimated monthly expenses for the same period for each unit to be itemized as to utilities, parking, recreational facilities and any other anticipated expenses for each unit.

C. A statement as to what financial arrangements, if any, the developer has made to cover the estimated common area's operating budget in the event an insufficient number of units are sold.

D. A statement of the current realty taxes for each individual unit and estimated changes in the tax assessment for each individual unit assuming the taxes as reappraised are based upon the sales price of the real estate.

E. A statement that any deposit made in connection with the purchase or reservation of any unit shall be placed in an escrow account or held in trust until delivered to the developer at closing, delivered to the developer because of purchaser's default under a contract to purchase the unit or refunded to the purchaser. A deposit of two thousand dollars ($2,000) or more, if held for more than ninety days, shall bear interest at the rate of four percent (4%) per annum for any period exceeding ninety days, and the statement shall so specify. Such escrow funds shall not be subject to attachment by the creditors of either the purchaser or the developer, and the statement shall so specify.

A. A two year warranty by the developer covering the full cost of any labor and materials for any repair or replacement of the common areas and facilities, and a one year warranty covering the full cost of labor and materials for any repair or replacement of structural, mechanical and other elements pertaining to each unit, excluding costs necessitated by acts of God.

B. The warranties specified herein shall commence on the date of the filing of the deed of the first condominium ownership interest transfer in the conversion condominium development to a purchaser in good faith for value.

C. In the case of appliances furnished as part of the unit by the developer, the valid assignment by the developer of the express and/or implied warranty of the manufacturer shall satisfy the developer's warranty obligation.

D. All warranties owned by the developer that exceed time periods specified herein with respect to any part of the units or common areas and facilities shall be assigned to the purchaser.

(5) Copies of the sales documents and literature, including, but not limited to: A. Any leases of real or personal property in the conversion condominium development other than residential leases expiring later than two years after the filing of the public offering statement with the City.

B. Any employment contract, insurance policy, or other contract affecting the use, maintenance or access to all or part of the conversion condominium development expiring later than two years after the filing of the public offering statement with the City.

C. The coverage and amounts of any insurance policies applicable to the conversion condominium development.

D. Any management agreement, including name of management agent, services to be performed, term, charges, circumstances, if any, under which the charges may be increased, conditions, if any, under which the agreement may be cancelled or terminated and a statement stating the relationship between the developer and the management firm, if any. The term of such management agreement shall be governed by Ohio R. C. 5311. 25(D).

(6) A statement as to recreational facilities, including a statement of whether, and under what circumstances, the unit owners are required to be members of, support or participate financially other than as part of their common expenses in recreational facilities, such as, but not limited to, health clubs, exercise rooms, tennis courts, swimming pools, party rooms and golf putting greens. If any recreational facility is not part of the common areas, charges for its use shall not exceed charges customarily made for similar facilities in the City or in surrounding communities, and the statement shall so specify. Additionally, if any recreational facility is not part of the common areas, the following warning shall be inserted in a type size and style equal to at least twenty point bold type:

"THE (HERE NAME FACILITIES) ARE NOT INCLUDED IN THE COMMON FACILITIES. THESE FACILITIES ARE AVAILABLE TO UNIT OWNERS FOR (HERE DESCRIBE MONTHLY CHARGE AND INVITATION FEE). UNIT OWNERS ARE/ARE NOT (AS APPLICABLE) REQUIRED TO PARTICIPATE FINANCIALLY."

(7) A statement as to parking facilities, including a description of the location, ownership and availability to unit owners and the general public of parking associated with the condominium. If all such parking .facilities are not part of the common areas or divided as individual parking spaces among and designated as being part of the units, the parking facilities must be legally dedicated to the exclusive use of the conversion condominium development and charges for the use of the parking facilities shall not exceed charges customarily made for similar facilities in the City or surrounding communities, and the statement shall so specify. Further, the following statement shall be inserted in a type size and equal to at least twenty point bold type:

"PARKING FACILITIES ASSOCIATED WITH THIS BUILDING ARE NOT OWNED INDIVIDUALLY OR IN C01VIMON BY THE UNIT OWNERS."

(8) A statement conspicuously displayed on the first page of each copy of the public offering statement in a type size and style equal to at least twenty point bold type:

"WARNING: ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER AND ARE NOT BINDING ON THE DEVELOPER. REFER TO THIS PUBLIC OFFERING STATEMENT FOR CORRECT REPRESENTATIONS."

(9) The signature of the executive officer of the developer to a statement affirming under oath that the public offering statement is, and any supplements, modifications and amendments are true, full, complete and correct as he truly believes.

(b) Amendments to Public Offering Statement. The developer shall amend the public offering statement from time to time when any material changes occur in any matter contained therein. Amendments shall be made as soon as practicable after such material change occurs or the developer has reasons to know of such material change and a public offering statement is not current unless all amendments are incorporated therein.

(c) Promotional Use of Public Offering Statement. The public offering statement shall not be distributed or used for any promotional purposes before its filing with the City and afterwards, with the exception of sales brochures contained therein, shall be used only in its entirety for promotional purposes.

(a) Notification to Prospective Tenants. Throughout so much of the one hundred eighty day period immediately before the filing of a declaration with the Lake County Recorder during which a developer of a conversion condominium development is the owner thereof, he shall give written notification to each prospective tenant before entering into a lease that such rental units may be converted to condominiums within such period.

(b) Notice of Conversion and Public Offering Statement. A developer of a conversion condominium development shall deliver to each of the tenants in possession written notice of conversion and the public offering statement not less than one hundred twenty days before requiring the tenant to vacate, provided that in the case of any tenant who is over sixty years of age, or who is deaf or blind or who is unable to walk without assistance, the developer shall deliver such notice of conversion and the public offering statement not less than one hundred eighty days before requiring such tenant to vacate.

(c) Appropriate Notices. A developer of a conversion condominium development shall deliver appropriate notices of conversion based upon his best knowledge and information as to the age and/or health of each tenant. No tenant who received other than a one hundred eighty day notice of conversion shall be deemed to be entitled to a one hundred eighty day notice unless within fifteen days of receipt of such inappropriate notice the tenant delivers a written statement to the developer declaring that the tenant is over sixty years of age or is deaf or blind or is unable to walk without assistance, and in such case such statement shall be presumed to be true in the absence of evidence to the contrary.

(d) Expiration of Tenancy Before End of Notice Period. Any tenant whose tenancy expires other than for cause before the expiration of one hundred twenty days from the date of delivery of such notice of conversion shall have the right to an additional tenancy on the same terms and. conditions and for the same rental until the expiration of such one hundred twenty day period, by the giving of written notice thereof by the tenant to the developer within thirty days of the date of delivery of such notice of conversion, provided that in the case of any tenant who is over sixty years of age, or who is deaf or blind or who is unable to walk without assistance, such tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental until the expiration of such one hundred eighty day period, by the giving of written notice thereof by the tenant to the developer within sixty days of the date of delivery of such notice of conversion.

(1) Any tenant whose tenancy expires after ninety days from the date of delivery of such notice of conversion shall have the right to terminate the lease upon forty five days written notice, without penalty or other termination charge to the the tenant. By delivering the notice of termination, the tenant waives the right of first refusal under subsection (h) hereof.

(2) Subsection (e)(1) hereof shall not apply to tenants who have received notification under subsection (a) hereof, before entering into a lessee

(1) The notice of conversion shall include a copy of the Willowick Residential Condominium Ordinance as an attachment.

(2) The notice of conversion shall contain a statement indicating that such notice shall not be construed as abrogating any rights any tenant may have under a valid existing written lease.

(3) The notice of conversion shall contain a statement instructing the tenant that he may advise the City Building Department of any structural or mechanical defects in the building or common areas and of any unhealthful or unsafe conditions therein which the tenant believes should be corrected.

(4) Failure of a developer to give notice of conversion as herein required shall be a defense to an action for possession.

(1) Such notice of conversion and public offering statement shall be deemed to be delivered on the third day after they are deposited in the United States mail addressed to the tenant at his last known residence, which may be the address of the property subject to the lease, sent by certified or registered mail, return receipt requested, with sufficient prepaid postage affixed to carry it to its destination. A tenant's refusal to accept delivery shall be deemed adequate service. If such mailing is returned to the developer undelivered to the tenant for any reason other than refusal of the tenant to accept delivery, the developer shall forthwith remail such mailing by regular United States mail, and such remailing shall be deemed to be delivered on the third day after it is deposited in the mail. Personal delivery is perrnissable if service cannot be made by United States mail.

(2) The public offering statement shall be filed with the City on the same day that the notice of conversion and public offering statement are deposited in the United States mail to tenants.

(1) During the period of ninety days following delivery of the notice of conversion and the public offering statement, and during the period of one hundred twenty days following delivery of the notice of conversion and the public offering statement in the case of any person who is over sixty years of age, or who is deaf or blind or who is unable to walk without assistance, any person who was both a tenant on the date of delivery of notice of conversion and the public offering statement and also a current tenant shall have the exclusive right of first refusal to purchase his unit.

(2) During such period, the developer may offer to sell such unit to prospective purchasers other than the tenant at a price not less than offered to the tenant and/or on terms not more favorable than offered to the tenant and each contract for sale of a unit shall conspicuously disclose the existence of, and shall be subject to, such right of first refusal.

(3) If during such period the tenant fails to purchase the unit, the developer shall not offer to sell that unit during the following ninety days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant without first making the same offer to the tenant, who shall have ten days therefrom within which to accept the offer.

(1) If there is more than one tenant leasing a unit, then each such tenant shall be entitled to contract for the purchase of a proportionate share of the unit and of a proportionate share of the share of any tenant who elects not to purchase.

(2) In no case shall this provision be deemed to authorize the purchase of less than the entire interest in the unit to be conveyed.

(1) A tenant may, at his election, cancel an executed contract between himself and the developer for the purchase of a condominium ownership interest by delivering to the developer or his agent written notice of cancellation at any time before midnight local time of the third day following the date the contract is signed by the tenant, notwithstanding any other section of this chapter.

(2) Upon receipt of a timely cancellation the developer shall immediately refund any deposit, earnest money or other funds and the parties shall have no further rights or liabilities under the contract. Each tenant‘s contract for sale of a unit shall conspicuously disclose the tenant's right of cancellation.

(1) The tenant in a conversion condominium development shall not unreasonably withhold consent to the developer to enter the unit in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services or show the unit to purchaser.

(2) Except in case of emergency, or unless it is impracticable to do so, the developer shall give the tenant reasonable notice of his intent to enter. and may enter only at reasonable times. Twenty four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(3) The developer shall not abuse the right of access or use it to harass the tenant. Entry by the developer in excess of twice in any seven day period for the purpose of showing the unit to purchasers shall be presumed to be an abuse of the right of access in the absence of evidence to the contrary.

(l) Nonwaiverability of Obligations and Rights. Neither the obligations nor the rights under this section may be waived in a contract of lease, a contract of sale or otherwise, and any attempted waiver is void.

(1) The developer shall deliver a copy of the public offering statement to a purchaser other than a tenant not less than fifteen days before the execution of a contract for the purchase of a unit.

(2) On the day of delivery of the public offering statement, the developer shall obtain a receipt signed by such purchaser acknowledging that he has received the public offering statement and has also received a copy of such receipt on that date. Such receipts shall be kept on file in the possession of the developer for a period of two years from the date of delivery to and signature by the purchaser and such receipts shall be subject to inspection by the City at any reasonable time.

(1) Unless a purchaser is given the public offering statement not less than fifteen days before executing a contract for the purchase of a unit, the purchaser may cancel the contract within fifteen days after first receiving the public offering statement. The notice of cancellation by the purchaser must be in writing and cancellation is to be without penalty. All payments which were made by the purchaser before cancellation, including interest where applicable, shall be refunded by the developer within three days after receiving notice of cancellation.

(2) If the developer fails to provide a purchaser with a public offering statement and all amendments thereto before conveying a unit, the purchaser, in addition to any rights to damages or other relief, is entitled to receive from the developer an amount equal to ten percent (10%) of the sales price of the unit as liquidated damages.

(3) The provisions of this subsection shall apply to tenants, in addition to the tenant's right to cancel under subsection (j) hereof.

(4) Each purchaser's contract for the sale of a unit shall conspicuously disclose the purchaser's right of cancellation.

(5) The purchaser's right to cancel under dais section may not be waived in the contract of sale or otherwise and any attempted waiver is void.

(1) A relocation assistance shall be paid by the developer to qualifying tenants and subtenants who vacate their rental units either voluntarily or involuntarily after receiving the notice of conversion pursuant to subsection (b) hereof, in accordance with the following schedule:

(2) The relocation allowance provided for in subsection (c)(1) hereof, shall be determined to have been waived by the tenant and subtenant of the unit if occupancy is voluntarily continued beyond the expiration date of the lease or the applicable 120 or 180 day periods as provided in subsection (d) hereof, whichever shall occur later.

(3) The age of tenant, years of continuous occupancy and applicable monthly rental shall be determined as of the date the public offering statement is filed with the City pursuant to Section 1357.04(a) hereof.

(4) In unfurnished sublet units the subtenant shall be entitled to the benefit; of this subsection. Otherwise, the tenant shall be entitled to the benefit; provided that the developer shall not be obligated t« determine tenant from subtenant and shall have filled his obligation under this subsection by delivering the relocation benefit to either the tenant or the subtenant.

(5) Where a rental unit is occupied by two or more co tenants, any one of whom is a qualified tenant, each co tenant of the unit shall be paid a pro rata share of the relocation assistance payable within fourteen days of the date of vacation of the unit by the last remaining co tenant. In no event, shall the developer be liable to pay more rental assistance per unit than that payable as if the unit were occupied by one qualifying tenant.

(6) The relocation assistance provided for herein shall be in addition to any damage, deposit or other compensation or refund to which the tenant is otherwise entitled.

(7) Any tenant who claims relocation assistance under this section shall, prior to vacation of the unit, deliver a written statement to the developer declaring such to be the fact, and in such case such statement shall be presumed to be true, in the absence of evidence to the contrary.

(a) General Unlawful Representations. It shall be unlawful for any developer or agent selling or offering to sell any condominium unit in any condominium development:

(2) To obtain money or property by means of any untrue statement of a material fact or by any omission to state a material fact necessary in order to make the statements made not misleading or by any pictorial representation which is false;

(3) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon a purchaser;

(4) To make or cause to be made in any document required by this chapter any statement or representation that is knowingly false or misleading; or

(5) To make or cause to be made to any purchaser any oral representation which differs from the statements made in any document required by this chapter.

(b) Specific Unlawful Representations. It shall be unlawful for any developer or agent in selling or offering to sell any condominium unit in any condominium development:

(1) To request a tenant and/or purchaser to acknowledge receipt of any notice or public offering statement which he has not received, or to falsify the date of receipt;

(2) To certify falsely to having provided notices of the public offering statement required by this chapter; or

(3) To employ undue pressure to induce a tenant to purchase a unit which intrudes on or prevents his use of his best judgment in deciding whether to purchase, including the following:

A. Any direct or indirect increase or decrease in the purchase price or benefits offered to tenants during any portion of the period during which the tenants are entitled to a right of first refusal pursuant to Section 1357.06(h).

B. Any false statements as to the number of standby or backup sales contracts or reservations or subscriptions of like agreements.

C. Any false statement prior to the end of the period during which the tenant may not be evicted without cause pursuant to Section 1357.06 as to a future rent increase.

D. Any false statement relating to future conversions which would reduce rental units available in the City.

No person shall be denied the right to purchase or lease a condominium unit in the City because of race, color, creed, sex, religious beliefs or national origin.

(1) The rights, obligations and remedies set forth in this section shall be cumulative and in addition to any others available at law or in equity.

(2) The City or any tenant or purchaser or owner of a unit may seek compliance of any provision of this chapter in a court of competent jurisdiction, provided, however, that only the City may enforce the provisions of subsection (b) hereof.

(3) In any action brought to enforce any provision of this chapter except subsection (b) hereof, a prevailing plaintiff shall be entitled to recover, in addition to any other remedy available, his reasonable attorney's fees.

(4) If a developer fails to comply with any of the provisions of this chapter, a purchaser may at his option at any time prior to the closing of the sale, rescind, in writing, the contract of sale, without any liability on the part of the purchaser and shall thereupon be entitled to the return of any moneys made on account of the contract, and any expenses incurred on account of the contract shall be the responsibility of the developer.

(b) City's Remedies. Whenever it is determined by the Law Director that there has been a violation of this chapter, the Law Department is authorized, at its discretion, to commence with one or more of the following procedures:

(1) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement;

(2) Seek a written assurance of discontinuance which shall be signed by the developer and the Law Director;

(3) Institute injunctive or other appropriate action or proceeding in any court of competent jurisdiction to obtain a restraining order, permanent or temporary injunction or any other appropriate form of relief; or

(a) Any person found guilty of violating any of the provisions of this chapter upon conviction thereof shall be guilty of a misdemeanor of the second degree for the first offense and for a second or subsequent offense shall be guilty of a misdemeanor of the first degree.

(b) Each day such violation occurs or continues shall constitute a separate offense.

(c) Violation of any section of this chapter shall be cause for revocation of any license, certificate or permit issued to such violator or offending party by the City.

CROSS REFERENCES

Excavations see S.U. & P.S. Ch. 901

Grade defined see P. & Z. 1133.08

Storm water management see P. & Z. Ch. 1179

Building Inspector see BLDG. 1331.01

Building permits and fees see BLDG. Ch. 1337

Flood hazard precautions see BLDG. Ch. 1347

1359.01 APPLICATION OF CHAPTER.

This chapter applies to all developments in the City.

(Ord. 96 35. Passed 6 18 96.)

1359.02 DEFINITIONS.

As used in this chapter:

(a) "Building Inspector" means the person appointed by the Mayor, pursuant to Section 1331.01, who is to perform the necessary functions of this chapter.

(b) "Grading" means the process of adjusting the final elevations of a parcel of land to provide proper drainage of such parcel without a detrimental effect on any of the adjoining parcels.

(Ord. 86 38. Passed 8 19 86.)

1359.03 PERMIT REQUIRED; CONTENTS OF PRELIMINARY PLOT PLANS.

(a) In addition to all other requirements of the Building and Housing Code, the Zoning Code, other City ordinances or the laws or regulations of the County and the State, and before a building permit is issued by the County Building Department for a building, a person who owns, leases or is in possession or control of any property and who desires to construct a new building or structure or to remodel or reconstruct an existing building or structure wherein the existing grade of the lot or building is proposed to be changed, or a person seeking to change the grade of any property by more than three inches, shall, in addition to obtaining all other permits required by the City, County and State, submit to the Building Inspector an application for a permit and a plot plan of the property, prepared by a registered civil engineer or a registered surveyor, showing where such proposed construction or reconstruction is or will be situated and showing, as applicable, the following:

2001 Replacement

(3) The existing elevation of the top of the nearest portion of the sidewalk, if any;

(5) The first or main floor elevation and the location of adjacent buildings within 105 feet;

(6) The elevations of the proposed finished grade of the lot on a suitable contour interval (flat terrain, one foot; hilly terrain, two feet);

(7) The proposed elevation of the first or main floor of the building and the lawn grade at the building corners;

(9) The bearings and lot dimensions, the lot and block number or lot and tract number, an arrow showing the north direction and the street name;

(10) A reference bench mark established on some permanent object in the near vicinity, which bench mark shall remain undisturbed during construction and available for elevation checks. The bench mark may be assumed to be 100 feet where a City bench mark is not available.

(11) The location and elevation of all existing and proposed on site sanitary systems, sanitary sewers, water lines, storm sewers and yard drains in or adjacent to the lot;

(12) Any other information that may be required by the City Engineer to ensure that the proposed building elevations and site gradings are compatible with adjacent property and that positive drainage is achieved;

(13) The existing elevations of the road ditch, if any, in front of the property at twenty five foot intervals; and

(14) A certification by the registered surveyor that the property has been surveyed and that iron pins are located at all lot corners.

(b) Plans shall be submitted with a scale of not less than one inch to fifty feet and on a minimum size sheet of twenty four inches by thirty six inches.

(a) Upon receipt of a plot plan, as described in Section 1359.03, the Building Inspector shall, if all other aspects of the application for a permit required by this chapter are in order, submit a copy of the plot plan to the City Engineer. The City Engineer shall examine such plot plan to determine whether or not the plan shows proper relation with existing or proposed sanitary sewers, water lines, storm drainage and existing grades of adjacent land and buildings, following the guidelines set forth in subsection (b) hereof. If the plan does not disclose such proper relationships, the City Engineer shall call

the applicant's attention to the defects in the plan and require that the plan be changed in such respects. When the City Engineer finds that the plan is proper, he or

she shall approve the same and return it to the Building Inspector. Such approved plan

shall be a condition of any permit which may be issued pursuant to this chapter for such construction. The applicant shall perform all work in conformity with the various grades and elevations of the final, approved plot plan and shall set witness markers clearly designating the lot corners.

(b) The .finished ground grade of a building shall be established in proper relation to the surrounding grade, driveway and street. The parcel of land or lot shall be graded so that water drains away from each building at a minimum grade of two percent. Surface drainage swales shall have a minimum grade of 0.5 percent designed so that surface water will drain onto a swale, street gutter, storm sewer, drain inlet or natural drainageway. The grades of driveways shall be a minimum of 0.4 percent and a maximum of fifteen percent. Grading shall be adjusted so there will be no abrupt grades in front yards and along side lot lines. The grades of earth terraces shall not exceed two and one half to one. If a masonry retaining wall exceeds three feet in height, a hedge, fence or railing shall be provided.

(c) At such time as the applicant or the contractor for the applicant has constructed the foundation or slab referred to in Section 1359.03, he or she shall request, through the Building Inspector, that the City Engineer check the grade. No further construction shall be permitted until the City Engineer has check the elevation of such foundation and found it to be in accordance with the plot plan approved pursuant to subsection (a) hereof.

(d) When the applicant or the contractor for the applicant has constructed the sub base of the hard surface paved area and other areas that require grade changes, as indicated on his or her submitted approved plan, the permit holder shall request, through the Building Inspector, that the City Engineer check the grade. No further construction shall be permitted until the City Engineer has checked the elevation of the required area and found it to be in accordance with the plot plan approved pursuant to subsection (a) hereof.

Upon completion of construction and before a certificate of occupancy is issued for a building by the Division of Building Engineering and Inspection, each applicant shall file with the Building Inspector a final plot plan which shall show the final grades of the improvement as constructed. Such plan shall be certified, by a registered civil engineer or surveyor, as to the accuracy of the plan in depicting the actual construction. Such civil engineer or surveyor shall also certify that he or she has made an actual filed observation of as built conditions and that such conditions are as shown on the plan. The form of such certification shall be prescribed by the City Engineer.

(a) The fee for services rendered under this chapter shall be as prescribed in Chapter 1169 of the Zoning Code.

(b) The applicant shall also be charged a fee for checking the grade at each building and the elevations of the required areas as indicated on the submitted approved plan.

(c) The City Engineer, upon certifying that the building has been constructed in accordance with the established grade, shall be paid his or her fees. The payment shall be approved by the Director of Finance. If the City Engineer renders services pursuant to this chapter, in addition to the checking of the grade at each building, the deposit of the applicant shall be charged for the City Engineer‘s services in accordance with legislation governing the rate of compensation for the City Engineer at the time.

In addition to the requirements of this chapter or of any other ordinance adopted by the City, wherever the plot plan filed under Section 1359.03 fails to indicate a method of positive draining of surface water from the lot, the City Engineer shall notify the applicant and the Building Inspector of such failure and shall recommend to the applicant and prescribe the method of drainage to be provided, which recommendation and prescription shall be incorporated by the applicant into the plot plan before resubmission for approval. (Ord. 86 38. Passed 8 19 86.)

No person shall construct, remodel or reconstruct a building or other structure, wherein the grade is established or changed, or make any excavation, in excess of the limits set forth in this chapter.

In cases where violations of this chapter have occurred or are threatened, the Director of Law, if so directed by Council, is authorized to commence suit in the Common Pleas Court of the County to enjoin such violations or threatened violations.

Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

EDITOR'S NOTE: This chapter was repealed in its entirety by Ordinance 2001-45, passed August 21, 2001.

EDITOR'S NOTE: This chapter was repealed in its entirety by Ordinance 2001-46, passed August 21, 2001.

CROSS REFERENCES

Unvented gas heaters see GEN. OFF. 517.02

Public nuisance see GEN. OFF. 517.11

CABO One and Two Family Dwelling Code see BLDG. Ch. 1305

Licensing of multiple dwellings see BLDG. Ch. 1333

Condominiums see BLDG. Ch. 1357

1365.01 COMPLIANCE WITH BUILDING CODE REQUIRED FOR LEASED PREMISES.

No owner, operator or agent of a single family unit shall rent or lease, or offer for rental or lease, any dwelling unit which does not comply with the provisions of the Building Code of the City.

(Ord. 92 71. Passed 4 20 93; Ord. 2001-47. Passed 8-21-01.)

1365.02 OCCUPANCY LICENSE REQUIRED; EFFECTIVE PERIOD; TRANSFERABILITY.

No single family dwelling unit shall be occupied or permitted to be occupied unless the owner or operator thereof, or their agent, has an occupancy license therefor in effect and unrevoked as herein provided. Each license shall expire on December 31 of each year, irrespective of the date of its issuance, and shall not be transferable.

Whenever the interest of a licensee in the building for the occupancy of which the license was issued, ceases, such license shall immediately become void. However, upon the death of a licensee, the license shall nevertheless be valid for sixty days from the date of such death in favor of the legal representatives of the licensee, or of the person to whom such multiple dwelling passes by law, but in no case shall such sixty days extend the license beyond December 31.

(Ord. 92 71. Passed 4 20 93; Ord. 2001-47. Passed 8-21-01.)

2001 Replacement

An application for a license required by this chapter shall be in a form approved by Council and shall state the name and address of the applicant and the nature and extent of his interest in the building for which the license is desired. If the applicant is not the owner of such building, then the application shall also state the name and address of the owner. The application shall further state the location of the building for which the license is desired and the number of rooms therein, together with such other information as may be required by the Chief Building Inspector, and such application shall be accompanied with an application fee in the amount of sixty dollars ($60.00).

The Chief Building Inspector and his duly authorized representative shall have the right, and such persons are hereby authorized and directed, to enter and examine, at all reasonable times, any rental dwelling and the grounds appurtenant thereto upon the presentation of proper credentials. No person shall refuse admittance to such officials, or cause to be refused to such officials admittance to such dwelling and the grounds appurtenant thereto, nor shall any person in any way hinder such officials in the performance of their duties as herein provided.

The Chief Building Inspector shall issue an occupancy license for the occupancy of the dwelling for which a license is desired and which as been found, after a thorough inspection, to comply in all respects with the provisions of this chapter, rules and regulations prescribed pursuant thereto and all laws, ordinances, rules and regulations applicable to such building and the use for which it is intended. No property shall be inspected under this chapter more than once every two years. Any inspection conducted under this chapter shall be valid for a period of two years from the date of said inspection. (Ord. 92 71. Passed 4 20 93; Ord. 2001-47. Passed 8-21-01.)

The Chief Building Inspector may issue a license without a prior inspection, provided that the applicant for a license, in writing upon a form approved by Council and signed by such applicant, states that the building for which the license is desired complies in all respects with the provisions of this chapter and the rules and regulations prescribed hereunder and with all of the laws, ordinances, rules and regulations applicable to such building and the use for which it is intended.

The Chief Building Inspector shall keep a public record of all licenses issued under the provisions of this chapter. The original applications shall be kept in the permanent files of the City. The Inspector shall have the power to revoke any license if the building for which such license is granted does not comply in all respects with the provisions of this chapter and the rules and regulations prescribed hereunder and with all laws, ordinances, rules and regulations applicable to such building and the use to which it is put, or intended to be put, or if any false statement is made by the applicant in connection with the issuance of such license.

An appeal from a decision of the Chief Building Inspector denying the issuance of an occupancy license, or revoking such a license, or from an order of the Inspector, may be taken to the Board of Zoning Appeals, provided that an appeal from the revocation of a license issued pursuant to this chapter shall not stay the vacation of the dwelling by its occupants unless a stay is granted by the Chief Building Inspector.

(a) Whoever violates any of the provisions of this chapter or the rules and regulations promulgated pursuant hereto, or fails to obey any order made in accordance with the specific provisions of this chapter by the Chief Building Inspector, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).

(b) Any architect, engineer, contractor, subcontractor, foreman, agent or other person who violates or assists in the violation of any of the provisions of this chapter or of any order issued hereunder, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).

CROSS REFERENCES

Removal of unsafe structures see Ohio R.C. 715.26(B), 715.261

Power to regulate building sanitation see Ohio R.C. 715.29

Adoption of technical codes by reference see Ohio R.C. 731.231

Nuisances see Ohio R.C. Ch. 3767

Dead bolt locks in apartment buildings see Ohio R.C. 3781.103

Smoke detection systems for apartments and condominiums see Ohio R.C.

3781.104

Health, safety and sanitation see GEN. OFF. Ch. 521

CABO One and Two Family Dwelling Code see BLDG. Ch. 1305

1367.01 1993 EDITION ADOPTED.

Pursuant to Ohio R.C. 731.231, there is hereby adopted by and for the City, for the purpose of establishing rules and regulations for minimum conditions and maintenance of all property, buildings and structures, by providing the standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use, and for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, the 1993 edition of the BOCA National Property Maintenance Code (Fourth Edition), promulgated by Building Officials and Code Administrators International, Inc., together with comments and interpretations.

(Ord. 96 17. Passed 4 16 96.)

1367.02 FILE AND DISTRIBUTION COPIES.

At least one copy of the BOCA National Property Maintenance Code, as adopted in Section 1367.01, is on file with the Clerk of Council for inspection by the public. At least one copy is also on file in the County Law Library.

(Ord. 96 17. Passed 4 16 96.)

2001 Replacement

(a) In the event of a conflict between any of the provisions of the BOCA National Property Maintenance Code, as adopted in Section 1367.01, and a provision of any State law or regulation, the State law or regulation shall control.

(b) In the event of a conflict between any of the provisions of the BOCA National Property Maintenance Code, as adopted in Section 1367.01, and a local ordinance, resolution, rule or regulation, the local ordinance, resolution, rule or regulation shall control.

(c) In the event of a conflict between any of the provisions of the BOCA National Property Maintenance Code, as adopted in Section 1367.01, and a. provision of any other technical code adopted by reference by the City, the stricter or higher standard shall control.

The following sections of the BOCA National Property Maintenance Code, as adopted in Section 1367.01, are hereby amended as follows:

BOCA Section PM 101.1 Title: (Amended) These regulations shall be known as the Property Maintenance Code of the City of Willowick, hereinafter referred to as "this code."

BOCA Section PM 106.2 Penalty: (Amended) Any person who shall violate a provision of this code shall, upon conviction, be imprisoned for a definite term or fined, or both, which term of imprisonment shall not exceed six months and which fine shall not exceed one thousand dollars ($1,000), at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

BOCA Section PM 304.12 Insect screens: (Amended) During the period from May 1 to October 1, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition.

BOCA Section PM 602.21 Heat supply: (Amended) Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof, shall supply sufficient heat during the period from October 1 to April 30 to maintain the room temperatures specified in Section PM 602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees F. (16 degrees C.) during other hours.

BOCA Section PM 602.3 Nonresidential structures: (Amended) Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to April 30 to maintain a temperature of not less than 65 degrees F. (18 degrees C.) during all working hours.

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities. (Ord. 96 17. Passed 4 16 96.)