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The requirements for the grading and draining of building lots shall be as provided herein.
(A) The foundation walls of every dwelling house, and every other building having a basement under any part thereof, shall be constructed to an elevation at least four inches higher than the top of the abutting street, (measured at the mid-point of the lot frontage), plus a height equal to one-half inch for each foot of distance from such building to the abutting street curb. The finished grade of the ground from the front of such building to the street shall slope toward the street at the rate of not less than one- half inch to the foot, throughout all portions of the front yard.
(B) For a distance of at least ten feet from the other walls of such building, the ground shall slope away from the building at a grade of not less than six inches to the foot.
(C) Where it is not practicable to grade the lot so as to provide natural runoff of surface water from the entire lot to a street, storm sewer or other approved outlet, a drainage line or lines of field tile, vitrified tile or other nonporous pipe of acceptable size shall be installed, with proper inlets to drain any part of the lot which would otherwise collect and impound water. The materials and method of installation of such lines shall be determined by the Municipal Engineer. Such drainage lines shall lead into the street, storm sewer or other outlet approved by the Municipal Engineer.
(D) The lot grading and drainage herein required shall not thereafter be changed by any owner, occupant or other person in control of the premises in such a way as to diminish or impede the runoff of water from such lot, away from any building, toward the street, storm sewer or other approved outlet.
(E) The Municipal Engineer shall have the power to modify the foregoing provisions and to make additional or substituted requirements on hillside lots, corner lots and in other individual cases where, because of unusual topographic or other problems, the above requirements would not produce the results sought, or where other grading or drainage treatment would produce equal or better results.
(F) Where curbs and gutters have not been installed, or required, in the abutting street the foundation and lot grades shall be predicated upon the proposed grade of the abutting street as established by Council.
(G) Foundation sump pump drains are to be connected to an appropriate drainage outlet (the street, storm sewer or other outlet approved by the Municipal Engineer) to the satisfaction of the Municipal Engineer. Maintenance of the draingage connection is the responsibility of the property owner.
('80 Code, § 1317.07) (Ord. 7-75, passed 2-17-75; Am. Ord. 24-07, passed 5-21-07) Penalty, see § 150.999
ENCROACHMENTS ON MUNICIPAL PROPERTY
(A) A landowner, who has an existing or proposed encroachment into the city easement located on private property, shall file an encroachment agreement application with the city. Applicable encroachments include, but are not limited to, buildings, parking areas, driveways, sidewalks, sheds, swimming pools, patios, decks, play structures or other accessory structures, fences, antennae and basketball courts or other sport courts. Encroachments which do not interfere presently with the public use of the easement area will be permitted to remain should the landowner and the city enter into an encroachment agreement.
(B) The landowner shall file an encroachment agreement application, along with the applicable fee, with the Municipal Engineer. The Municipal Engineer shall review the application, and on a case-by-case basis may determine that the proposed encroachment is acceptable. Encroachments may be acceptable when they do not impair the public use of the easement area and are capable of being removed if a public need for the easement area arises. Encroachments shall not be permitted in designated drainage easements.
(C) Following approval, the Municipal Engineer shall forward the approved application, with any conditions for the encroachment, to the Law Director. The Law Director will prepare an encroachment agreement to be signed by the Municipal Engineer and landowner. Upon the landowner's payment of the applicable filing fee, the Municipal Engineer will file the executed encroachment agreement with the applicable County Recorder's Office.
(D) The landowner will be responsible for securing any additional permission from utility companies or other rightful owners of easements on the landowner's property.
(E) Should the Municipal Engineer discover or be notified of an encroachment into the city easement area, the Municipal Engineer will provide a one-time notice of encroachment by hand delivery or certified mail to the landowner, and allow 30 calendar days for the landowner to remove the encroachment or file an encroachment agreement application. Should the encroachment remain after 30 calendar days, in the absence of the landowner filing an encroachment agreement application, the landowner shall be cited.
(F) Any landowner aggrieved by a decision of the Municipal Engineer may appeal such decision to the City Manager or the Manager's designee. Appeals shall be taken within 20 days after the decision by filing with the Municipal Engineer a notice of appeal, specifying the grounds. The Municipal Engineer shall transmit to the City Manager or the Manager's designee all the papers constituting the record upon which the action was taken.
(G) Nothing in this section shall prohibit the city from entering into an easement area when necessary to gain access at the location of the encroachment. In such situations, the city shall not be responsible for any costs, expenses, damages or reconstruction to the encroachment. The Municipal Engineer in his or her sole discretion will determine whether the City will work in, on, above, or below, around or through the encroachment.
(H) A landowner who enters into an encroachment agreement with the city must adhere to all other Dublin Code sections, including but not limited to Chapter 98 regarding right-of-way management.
(Ord. 32-06, passed 6-5-06; Am. Ord. 24-07, passed 5-21-07) Penalty, see § 150.999
MOVING STRUCTURES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is always mandatory and not merely directory.
BUILDING. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. BUILDING shall not include any shed, outbuilding or other structure less than ten feet by 15 feet.
BUILDING OFFICIAL. The Building Official of the municipality.
MUNICIPAL ENGINEER. The Engineer of the municipality
MUNICIPALITY. The Municipality of Dublin.
('80 Code, § 1345.01) (Ord. 21-84, passed 6-18-84; Am. Ord. 24-07, passed 5-21-07)
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