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(A) Materials, permitted. Only those materials, including soil, sand, gravel, small rocks, air-cooled or granulated blast furnace slag or other materials approved by the Building Inspector shall be used as fill material. All material used shall be free of any extraneous matter and shall be capable of being properly compacted in conformance with applicable code(s) so as to prevent any future settlement of either earth fill-in or structure(s) placed upon said fill.
(B) Materials, prohibited. Materials, including but not limited to, those listed herein shall not be permitted to be used as fill material:
(1) Construction and/or demolition debris, including wood, painted or unpainted, metal, glass, shingles, plaster, concrete blocks or sections, bricks and similar types of materials.
(2) Scrap pipes, culverts, conduit, concrete sections containing metal reinforcing components and similar types of items.
(3) Waste products, including household and commercial rubbish, refuse, and garbage; food wastes, nonputrescible wastes, paper, plastic, rubber, cardboard, scrap metal, etc., yard wastes, including grass cuttings, leaves, vegetation, trees, limbs and stumps, etc.
(4) Motor vehicles or any components derived therefrom, including tires.
(5) Animal carcasses or wastes.
(6) Hazardous, regulated, or special wastes, including bio-hazards, chemicals, paint, asbestos and any items containing or contaminated with asbestos.
(7) Any other materials which are deemed as unacceptable by the Building Inspector.
(8) Any other material prohibited by state statute or regulation.
(C) Exceptions. The requirements of division (B) above shall not apply to:
(1) Treated wood or metal devices installed at a site to stabilize against soil movement or to prevent erosion. All such devices shall be installed in conformance with proper engineering practices.
(2) Piping, conduit, cables, drainage devices, etc. and any required bedding materials, installed as part of a construction project and in use.
(3) Small pieces of brick, concrete and stone if of such a nominal size as to not prevent compaction. The use of larger pieces or sections is not prohibited if installed as a sub-base and placed in a manner consistent with proper engineering practices and approved by the Building Inspector.
(Ord. 1998-6, passed 6-2-98) Penalty, see § 150.99
(A) The Building Inspector and/or his or her designee are hereby empowered to enforce the provisions of this subchapter.
(B) The Building Inspector shall, upon discovery of a questionable fill site, whether as a result of a complaint or during the normal discharge of his duties, inspect said premises for compliance with the requirements of this subchapter, and further, upon finding of any prohibited materials at the location, shall order the proper removal, mitigation, or remediation of said materials. All expenses incurred for the removal, mitigation or remediation shall be the responsibility of the owner or occupant.
(C) The Building Inspector may, at his discretion, order a complete soil investigation and testing at any site when fill has been used in order to determine soil strength and content.
(1) All testing shall meet applicable requirements of the currently adopted Indiana Building Codes.
(2) All testing shall be conducted by an architect or engineer registered to practice in the State of Indiana.
(3) All costs of testing shall be borne by the owner or occupant of the site.
(4) A satisfactory report of the test results shall be submitted to the Building Inspector prior to the issuance of any required local construction permits.
(D) When materials which present a fire or explosion hazard are involved, the Chief of the Fire Department and/or the Fire Inspector shall assist the Building Inspector pursuant to the enforcement of this subchapter. It is the duty of the fire officials to enforce other applicable ordinances and statutes pertaining to conditions which could result in a fire or explosion.
(E) When toxic or other materials which could present a health hazard are involved, the Building Inspector shall notify the Jefferson County Health Department.
(Ord. 1998-6, passed 6-2-98)
(A) When any provisions of this subchapter are found to be in conflict with any other provisions of city ordinances concerning safety, zoning, fire prevention or health, on the effective date of this subchapter or hereafter adopted, the provisions which establish the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(B) When any provisions of this subchapter are found to be in conflict with any state or federal statutes or regulations, the state or federal statute or regulation shall supercede the conflicting provisions of this subchapter unless the statute or regulation provides for local enforcement when more stringent.
(Ord. 1998-6, passed 6-2-98)
The Building Inspector or his designee shall have the right of entry as provided for in § 150.37 of this chapter.
(Ord. 1998-6, passed 6-2-98)
The City Attorney, upon receipt of a written notice from the Building Inspector, that having been issued a lawful notice and order to abate a violation of this subchapter, and after a reasonable time for compliance has expired, shall bring action in the circuit or superior court of the County of Jefferson, for the mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Inspector, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.
(Ord. 1998-6, passed 6-2-98)
SIGNS
(A) Definition. An “off-premises sign” for the purposes of this subchapter is a sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises of where such sign is located.
(B) Purpose. The purpose of this subchapter is to provide minimum standards to safeguard life, health, property, property values and public welfare by regulating and controlling the quality of materials, construction, installation and maintenance of off-premises signs and billboards, in addition to the number, size, sign type and illumination of such off-premises signs and billboards and sign structures.
(C) Regulations.
(1) Off-premise signs shall be allowed in zoning districts GB, LB, M-1 and M-2, excluding the downtown area and off-premises signs on Lanier Drive, Wilson Avenue, Michigan Road, and Cragmont Street.
(2) The maximum size per face of an off-premise sign shall be 500 square feet, excluding structural supports and trim. The faces of the sign constructed in the form of a “V” shall not exceed an angle of 45 degrees.
(3) The maximum height of an off-site sign shall be 45 feet measured from the grade of its base to the top of the sign.
(4) The sign shall have a minimum clear space of 10 feet and a maximum clear space of 40 feet.
(5) Off-site signs shall be separated by a distance of 8,000 feet on the same side of the road or street and there will be an 8,000-foot circumference from any other off-site sign on the opposite side of the street.
(6) The setback from the street right-of-way shall be equal to the height of the off-site sign. When a sign is adjacent to a residential area, the sign shall be setback equal to the height of the sign.
(7) The structural support of the off-premise sign shall be constructed on a steel pole(s). All frames surrounding poster or bulletin displays shall be of rough sawn cedar or similar approved material. When a structure is constructed so as to have a copy material facing in a single direction, the exposed rear of the display and the structural members shall be finished and maintained to a degree equal to that of the copy side of the sign.
(8) Off-premise signs may be illuminated, subject to the following conditions:
(a) Signs which contain, include or are illuminated by any flashing, intermittent or moving light(s) are prohibited.
(b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of a street or roadway and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited.
(c) No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(9) All off-premise signs shall be maintained in a state of good repair. The backs and supporting structures of all signs shall be kept painted in a neutral color to blend with the natural environment. The Zoning Administrator and the Building Inspector are authorized to inspect every off-premise sign. Whenever it shall appear that any sign has been constructed or is being maintained in violation of this section, such display shall be made to conform with all regulations herein or shall be removed at the expense of the owner within 30 days after written notification by the Zoning Administrator or Building Inspector.
(Ord. 2001-1, passed 1-23-01; Am. Ord. 2001-14, passed 7-31-01) Penalty, see § 150.99
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