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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)
(A) Requirement. No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Building Official.
(B) Application. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Official.
(1) Form. The application shall be made in writing upon forms provided by the Building Official, and shall be filed in the office of the Building Official.
(2) Contents. The application shall set forth:
(a) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;
(b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city;
(c) A legal description of the lot to which it is proposed such building be removed, giving lot, block, and tract number if located in the city;
(d) The portion of the lot to be occupied by the building when moved;
(e) The highways, streets and alleys over, along or across which the building is proposed to be moved;
(f) Proposed moving date and hours;
(g) Any additional information which the Building Official should determine necessary to a fair determination of whether a permit should issue.
(3) Accompanying papers.
(a) Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any municipal charges against the same are paid in full.
(b) Certificate of ownership or entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building.
(4) Fee. The application shall be accompanied by a permit fee in the amount as set forth from time to time by ordinance.
('80 Code, §§ 1345.02, 1345.03) (Ord. 21-84, passed 6-18-84) Penalty, see § 150.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.
(A) Deposit for municipal expenses. Upon receipt of an application, the Building Official shall estimate the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the municipality or any other property of the municipality, the removal and replacement of which will be required by reason of the moving of the building through the municipality, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Building Official shall require the applicant to deposit a sum of money equal to twice the amount of the estimated expense.
(B) General deposit. An application hereunder shall be accompanied by a cash deposit in the sum of $2,000 as an indemnity for any damage which the municipality may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire-hydrant or other property of the municipality, which may be caused by or be incidental to the removal of any building over, along or across any street in the municipality and to indemnify the municipality against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the municipality.
(1) Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a bond, approved as to form by the Law Director, executed by a bonding or surety company authorized to do business in the State of Ohio, in the amount of $10,000, conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the municipality for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.
(2) Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance policy, issued by an insurance company authorized to do business in the State of Ohio, and approved as to form by the Law Director, in the same amount and providing the same protection as would be required for a bond hereunder.
('80 Code, §§ 1345.04, 1345.05) (Ord. 21-84, passed 6-18-84) Penalty, see § 150.999
(A) Inspection. The Building Official shall inspect, or cause to be inspected the building and the applicant's equipment to determine whether the standards for issuance of a permit are met.
(B) Standards for issuance. The Building Official shall refuse to issue a permit if he finds that:
(1) Any application requirement or any fee or deposit requirement has not been complied with;
(2) The building is too large to move without endangering persons or property in the municipality;
(3) The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the municipality;
(4) The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the municipality;
(5) The applicant's equipment is unsafe and that persons and property would be endangered by its use;
(6) Zoning or other ordinances would be violated by the building in its new location;
(7) For any other reason persons or property in the municipality would be endangered by the moving of the building.
(C) Fees and deposits.
(1) Deposit. The Building Official shall deposit all fees, deposits and all bonds or insurance policies with the Finance Director.
(2) Return upon non-issuance. Upon his refusal to issue a permit the Building Official shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.
(3) Return upon allowance for expense. After the building has been removed, the Building Official shall furnish the Manager with a written statement of all expenses incurred in removing and replacing all property belonging to the municipality, and of all material used in the making of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the municipality. Provided, however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The Manager shall authorize the Building Official to return to the applicant all deposits after the Finance Director deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the municipality by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
(D) Designate streets for removal. The Building Official shall procure from the Engineer a list of designated streets over which the building may be moved. The Building Official shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the Engineer and the Chief of Police shall act to assure maximum safety to persons and property in the municipality and to minimize congestion and traffic hazards on public streets.
('80 Code, § 1345.06) (Ord. 21-84, passed 6-18-84; Am. Ord. 24-07, passed 5-21-07)
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