CHAPTER 1525
General Provisions

1525.01   Chief of Police may investigate fires.

1525.02   Fire damage; repair or removal fund.

1525.03   Abandoned service stations.

1525.04   Rapid entry key box system (lock box).

1525.05   Causing fire through negligence in places of assemblage or lodging.

1525.06   Hotels and motels.

1525.07    Posting maximum capacity in public buildings.

1525.08    Recordkeeping.

1525.99   Penalty.

CROSS REFERENCES

         Fire investigations - see Ohio R.C. 737.27, 3737.24 et seq.

         Investigation; power of arrest - see ADM. 141.01

         Fireworks - see FIRE PREV. Ch. 1519

1525.01 CHIEF OF POLICE MAY INVESTIGATE FIRES.

   The Chief of Police may be requested by the fire official or his duly authorized representative to assist in or make the arrest for any offense against this code or orders of the fire official affecting the immediate safety of the public.

(Ord. 21-249. Passed 12-21-21.)

1525.02 FIRE DAMAGE: REPAIR OR REMOVAL FUND.

   The City is hereby authorized to utilize the procedure described in Ohio R.C. 3929.86(C) and (D), whereby no insurance company doing business in the State shall pay a claim of a named insured for fire damage to a structure located within the City where the amount recoverable for the fire loss to the structure under all policies exceeds five thousand dollars ($5,000) unless there is compliance with the following procedures:

   (a)   When the loss agreed to between the named insured or insureds and the company or companies equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with Ohio R.C. 715.26(F) shall transfer from the insurance proceeds to the Fire Chief in the aggregate two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000), and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure shall transfer from the insurance proceeds the amount specified in the estimate.

      Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms.

The named insured or insureds may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the designated officer shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the City has not commenced to remove, repair or secure the building or other structure.

   (b)   Upon receipt of the proceeds by the City as authorized by this section, the Fire Chief shall give the proceeds to the Finance Director for deposit in the City Treasury in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the City pursuant to Ohio R.C. 715.261.

When transferring the funds as required in subsection (a) hereof, an insurance company shall provide the City with the name and address of the named insured or insureds, whereupon the City shall contact the named insured or insureds, certify that the proceeds have been received by the City and notify them that the following procedures will be followed: The fund shall be returned to the named insured or insureds when repairs, or removal or securing of the building or other structure has been completed and the required proof received by the designated officer, if the City has not incurred any costs for such repairs, removal or securing. If the City has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the City shall transfer the remaining funds to the named insured or insureds. Nothing in this section shall be construed to limit the ability of a municipal corporation to recover any deficiency under Ohio R.C. 715.261. Nothing in this subsection shall be construed to prohibit the municipal corporation and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.

   (c)    The Fire Chief of the City is hereby designated as the officer authorized to carry out the duties of this section. The Fire Chief shall file a certified copy of this section with the Superintendent of Insurance of the State.

      (Ord. 21-249. Passed 12-21-21.)

1525.03 ABANDONED SERVICE STATIONS.

   (a)   If any gasoline service station shall become abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding properties and property values, and to be detrimental to the public health, safety, convenience, comfort, prosperity or general welfare of the community, and shall be abated. "Abandoned" is defined as a failure to operate such service station for at least three (3) consecutive months.

   (b)   Whenever the Building Superintendent finds any service station to be abandoned within the meaning of this section, he shall give notice by certified mail addressed to the owner of record of the premises at his last known address, to abate such abandoned condition within thirty (30) days either by placing the station in operation as a gasoline service station, by adapting and using the building for another permitted business use, or by boarding up the service station structure, removing the pumps and signs, abandoning or removing underground storage tanks in accordance with accepted safe practices as prescribed by the National Fire Protection Association (N.F.P.A. No. 30, Appendix C) under the supervision of the Bureau of Fire Prevention and Arson of the Mansfield Fire Division, and filling depressions to the grade level of the lot.

   (c)   Abandoned service stations shall be maintained in accordance with the provisions of this section and other City ordinances and the owner shall cut all grass and weeds a minimum of four (4) times each year, at least once between May 1 and June 15, once between June 15 and July 15, once between July 15 and August 30, and once between August 30 and October 15. The parking of motor vehicles, trailers or campers is prohibited and the owner shall place on the building a sign of at least ten (10) square feet notifying the public of this fact. In addition, the owner of such premises shall install barricades or curbing across access driveways sufficient to block motor vehicle access to such property.

   (d)   Upon the failure, neglect or refusal of any owner to comply with the notice of the Building Superintendent pursuant to subsection (b) hereof and to comply with requirements of subsection (c) hereof, he shall be in violation of this section and upon conviction, shall be punished as provided in Section 1525.99 ; provided, however, if the service station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provisions of this section shall not apply.

(Ord. 21-249. Passed 12-21-21.)