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No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this subchapter or any order issued by the Building Inspector.
(Prior Code, § 7-90) (Ord. 88-1, passed 3-14-1988) Penalty, see § 92.999
In the event that the city is required to file ordinance violation charges or is required to seek injunctive or other relief before any court, as herein specified, then, and in that event, upon any determination in favor of the city, the city shall be further entitled to recover and have judgment against any person, firm or corporation, or other entity violating this subchapter for the city’s reasonable attorney’s fees incurred in prosecuting any of the actions set forth herein.
(Prior Code, § 7-92) (Ord. 88-1, passed 3-14-1988)
(A) Pursuant to the establishment of the unsafe building subchapter, Ordinance 88-1, the City Council, the designated hearing authority, pursuant to recommendation by the City Plan Commission, hereby establishes the bond under the unsafe building subchapter as follows.
(B) A maximum bond may be established by the hearing authority which shall be no greater than the amount of $25,000. The amount of the bond to be established by the hearing authority under the unsafe building subchapter shall be in relation to, and in proportion to, the cost of the amount of work which has been ordered pursuant to those actions authorized by ordinance and state law. In the event the person, firm, corporation or other entity, which is ordered to comply with the ordered action under the unsafe building ordinance, disagrees with the bond established by the hearing authority, then, in the event, the affected party shall obtain two independent estimates of repair cost, removal or other action as has been ordered under the unsafe building subchapter, from recognized contractors, or their equivalent, at their own expense, which shall be submitted to the hearing authority (Common Council) prior to the next regularly scheduled meeting of the body for further consideration and/or reevaluation of the bond ordered set under the unsafe building subchapter.
(Prior Code, § 7-93) (Ord. 88-3, passed 4-25-1988)
CONSTRUCTION
(A) Dust control. Property owners, operators or contractors shall provide control for on-site dust or any other airborne materials from operations consisting of, but not limited to, construction, drilling, earth moving, excavating or demolition such that materials remain on the job site. In particular, disturbed areas shall have water applied at least once per day depending on atmospheric conditions.
(B) Solid waste. Solid waste related to construction or demolition shall be placed into suitable dumpsters, containers or other approved disposable methods on a daily basis. Dumpsters or other containers shall not be overfilled and shall be removed from the premises within ten days of being filled to capacity. A dumpster shall be considered overfilled if there is more waste deposited into the dumpster than said dumpster was designed to hold. The construction site shall be maintained free from excessive accumulations of junk, debris, lumber, and/or trash as defined under § 96.02.
(C) Grading and drainage. All construction sites shall be graded and maintained in such a way as to prevent the introduction of eroded soil onto other properties. All required erosion control measures per City of Lebanon Standards and/or the approved building permit shall be maintained throughout the entirety of the construction process and any sediment that may form behind such structures shall be inspected for and removed on at least a weekly basis.
(D) Weeds. Construction sites shall be maintained free of all noxious weeds and other plant growth in excess of eight inches. Property owners shall be subject to the provisions under § 96.01.
(E) Portable toilets. If permanent toilet facilities are not available on the premises, then a minimum of one portable toilet per construction site shall be provided for the use of construction workers.
(Ord. 2017-09, passed 8-14-2017) Penalty, see § 92.999
(A) Generally.
(1) Any person who shall violate any of the provisions of this chapter of the code or fail to comply therewith or with any of the requirements thereof; or who shall build, reconstruct or structurally alter any building in violation of any detailed statement or plan submitted and approved thereunder; or who shall engage in the business of either plumbing, heating and ventilating or electrical wiring in the city, without first having procured the license required for his or her particular business and having given bond and proof of liability insurance as provided in §§ 92.047 and 92.066 of this chapter, shall for each and every violation or noncompliance, be guilty of an ordinance violation and, upon conviction, shall be fined not less than $10, and not more than $100, and each day that the violation or noncompliance shall be permitted to exist shall constitute a separate offense.
(2) Any person who shall initiate construction prior to obtaining a building permit or a certificate of occupancy, or any other permit required, shall pay twice the amount of the filing fee set forth herein.
(3) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, realtor, CU agency or other person who commits, participates in, assists in or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(Prior Code, § 7-12)
(B) Unsafe buildings. Any person violating the provisions of §§ 92.130 through 92.142 or I.C. 36-7-9-28 shall commit an ordinance violation, or the equivalent of a class C infraction as defined in I.C. 36-7-9-28, for each day the violation continues. For each unsafe building condition violation, the person, firm or corporation, as defined herein, may be fined up to a maximum of $500 for each violation of §§ 92.130 through 92.142.
(Prior Code, § 7-90)
(Ord. 74-17, passed 9-8-1974; Ord. 88-1, passed 3-14-1988; Ord. 88-2, passed 3-28-1988)