(a) (1) The manual marked City of Napoleon, Ohio, “Engineering Department Rules and Regulations” and marked Document No. CNER98-1, is hereby adopted and enacted. (Ord. 30-98. Passed 6-15-98.)
(2) City Engineering Department Rules and Regulations found in Document NO. CNER98-1 is hereby amended and enacted as provided in Exhibit A, attached to Ordinance 037-22 and made a part hereof.
(Ord. 037-22. Passed 8-1-22.)
(b) Any typographical, scrivener, or clerical error found in said City of Napoleon, Ohio, “Engineering Department Rules and Regulations” may be corrected by the City Engineer upon joint approval of the City Manager, and upon the approval as to form and correctness by the City Law Director, without the necessity of further legislative action; further, nothing in this section shall be construed as limiting the authority of the City Manager or City Engineer to establish additional rules and regulations not inconsistent with said “Engineering Department Rules and Regulations” manual without necessity of Council approval; however, any other modifications of these “Engineering Department Rules and Regulations” require the approval by legislation of the City Council of the City of Napoleon, Ohio.
(c) The provisions of the City of Napoleon, Ohio “Engineering Department Rules and Regulations” shall be the minimum requirements adopted for the promotion of the health, safety and welfare of the constituency of the City of Napoleon, Ohio. The “Engineering Department Rules and Regulations” are not intended to repeal, abrogate, annul or in any manner interfere with any laws or rules of any governmental units having jurisdiction that are more stringent. Where the “Engineering Department Rules and Regulations” impose greater restrictions than those of existing laws and rules, then the provisions of the “Engineering Department Rules and Regulations” shall govern.
(d) The following shall be established as criminal violations and penalties as it relates to violations of the City of Napoleon, Ohio “Engineering Department Rules and Regulations”:
(1) Any person, firm, group or corporation, either owner, developer or agent, who attempts development or to make an improvement to any site within the City of Napoleon, Ohio, or performs or causes to be performed any development or improvement to any site within the City of Napoleon, Ohio, without first (prior to commencing construction) obtaining the necessary permits or approval required by the City, is in violation of the City of Napoleon, Ohio, “Engineering Department Rules and Regulations” and shall be guilty of a misdemeanor of the minor degree and the penalties as contained in Section 501.99 of the Codified Ordinances of the City of Napoleon, Ohio, shall apply. Each day that a violation continues shall constitute a separate violation.
(2) Any person, firm, group or corporation, either owner, developer or agent who obtains any required permit or approval from the City associated with development or improvement to a site based upon false or misleading information, made with the intent to deceive the City or its officers, officials or employees, shall be held in violation of the City of Napoleon, Ohio, “Engineering Department Rules and Regulations” and shall be deemed guilty of a misdemeanor of the minor degree and the penalties as contained in Section 501.99 of the Codified Ordinances of the City of Napoleon, Ohio shall apply. Each day that a violation continues shall constitute a separate violation.
(3) For the purpose of this penalty section, the meanings of words shall be as defined in the City of Napoleon, Ohio “Engineering Department Rules and Regulations” when so defined.
(e) Administrative penalties as they relate to violations of the City of Napoleon, Ohio “Engineering Department Rules and Regulations” shall be pursuant to Rule VI of said Rules.
(f) The appeal procedure as it relates to administrative penalties for violations of the City of Napoleon, Ohio, “Engineering Department Rules and Regulations” or this section shall be pursuant to Rule VII of said Rules.
(Ord. 30-98. Passed 6-15-98.)