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Any person receiving written notice from the City Manager, or his or her agent, of alleged deficiencies on their property may, within 30 days following the date of such notice, submit a written appeal to the City Council. Such appeal shall state the location of the property and the date of the notice of violations. The appellant must state the reasons, hardship or conditions upon which the appeal is made. The City Council shall meet to discuss the matter within 30 days after the receipt of the written appeal. City Council decisions on the matter shall be by motion and vote, and shall be delivered, in writing, to the appellant and the City Manager.
(Prior Code, § 9.15.01.08)
(A) 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 $5,000, unless there is compliance with the following procedures.
(1) (a) When the loss agreed to between the named insured or insureds and the company or companies equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies, in accordance with R.C. § 715.26(F), shall transfer from the insurance proceeds to the City Auditor in the aggregate $2,000 for each $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.
(b) The 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 City Auditor, after notifying the City Manager, 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.
(2) (a) Upon receipt of proceeds by the city as authorized by this section, the City Auditor shall place the proceeds 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 R.C. § 715.261.
(b) When transferring the funds as required in division (A) above, 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, removal or securing of the building or other structure have been completed and the required proof has been received by the City Manager, if the city has not incurred any costs for the repairs, removal or securing. However, the fund shall be returned to the named insured or insureds no later than 60 days after the City Auditor receives the required proof. If the city has incurred any costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and if excess funds remain, the city shall transfer, no later than 60 days after all such costs have been paid, the remaining funds to the named insured or insureds.
(B) Nothing in this section shall be construed to limit the ability of the city to recover any deficiency under R.C. § 715.261.
(C) Nothing in this section shall be construed to prohibit the city 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.
(D) Nothing in this section shall be construed to make an insurance company liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to this section, or to make the city an insured under a policy of insurance, or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided by law.
(E) As used in this section and R.C. § 3929.87, “insurance company” or “insurer” includes the State Fair Plan Underwriting Association as established in R.C. § 3929.43.
(F) The City Auditor is hereby designated as the officer authorized to carry out the duties of this section, provided that no funds so held under this section shall be released without notification of such intent to the City Manager.
(G) This section shall be liberally construed to accomplish its purpose to deter the commission of arson and related crimes, to discourage the abandonment of property and to prevent urban blight and deterioration.
(Prior Code, § 9.15.01.09)
(A) A demolition permit shall be obtained from the City Manager or designated agent prior to the destruction and removal of a building or structure where the area demolished exceeds 60% of the gross floor area or 60% of the market value of the building or structure. A permit shall not be required for one story accessory structures less than 200 square feet in area.
(B) Each permit application shall contain, at a minimum:
(1) A site plan indicating the vicinity of the property, the location of the building proposed for demolition, the names of adjacent property owners and the location of buildings on those lots, the location of all utilities, the location of all dumpsters and equipment storage areas and the location of signs and fencing to minimize any attractive nuisance created by the demolition and to protect the public;
(2) A narrative statement or completed application indicating the name of the owner and/or demolition contractor, estimated time for removal and clean-up, verification of the disconnection of utilities and commitment to the proper disposal of all demolition debris;
(3) A performance bond, letter of credit, cash deposit or other surety in a form and amount determined sufficient by the City Manager, or his or her agent, in favor of the owner and/or the city guaranteeing the workpersonlike completion of the demolition but not less than $5,000 for a structure not exceeding 2,500 square feet in gross floor area and not exceeding two stories in height, $10,000 for a structure exceeding 2,500 square feet in gross floor area and not exceeding two stories in height and $20,000 for structures greater than two stories in height regardless of gross floor area. The City Manager may require surety amounts greater than the stated minimums or upon initial application review of the scope of work of a project reduce or waive minimum requirements;
(4) Liability insurance policy or certificate covering the owner or contractor in an amount not less than $300,000 for the protection of adjacent property owners, the general public and the city; and
(5) Any other information, conditions or attachments deemed necessary by the City Manager or designated agent for permit administration and in keeping with public health, safety and welfare or the unnecessary expenditure of public funds.
(C) A permit fee shall be paid prior to issuance of the demolition permit in the sum of $50 for residential structures and $100 for commercial, nonresidential or mixed uses or in an amount as otherwise established by separate City Council ordinance.
(D) The permit shall be valid for a period not to exceed 30 days and may be renewed by the City Manager or designated agent at no additional cost so long as demolition is actively pursued and all other requirements maintained. Upon investigation and notification to the owner and/or contractor of failure to comply with any requirement, condition or attachment to a permit approval, the permit shall be voided and all activity cease until the deficiency is corrected and the permit is revalidated.
(Prior Code, § 9.15.01.10)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.30 of this code of ordinances.
(B) (1) Whoever violates § 91.05 is guilty of a minor misdemeanor, and if the offender has previously been convicted of a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree.
(2) Each day § 91.05 is violated shall constitute a separate offense.
(Prior Code, § 9.14.05)
(C) Whosoever violates § 91.07(B) is guilty of allowing children upon the streets after curfew, a minor misdemeanor.
(Prior Code, § 9.14.07)
(D) Whosoever violates § 91.08 is guilty of a minor misdemeanor and if the offender has previously been convicted of a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree.
(Prior Code, § 9.14.08)
(E) Whosoever violates § 91.09 is guilty of a minor misdemeanor and if the offender has previously been convicted of a violation of this section, the offender shall be guilty of a misdemeanor in the fourth degree.
(Prior Code, § 9.14.09)
(F) Whosoever violates § 91.11 is guilty of a minor misdemeanor.
(Prior Code, § 9.14.11)
(G) Whosoever violates § 91.12 is guilty of a minor misdemeanor.
(Prior Code, § 9.14.12)
(H) Whosoever violates § 91.13 is guilty of a misdemeanor of the first degree.
(Prior Code, § 9.14.13)
(I) Whosoever violates § 91.14 is guilty of using property to disturb the peace, a misdemeanor in the fourth degree.
(Prior Code, § 9.14.15)
(J) (1) The penalty for violating § 91.15(A) shall be a fine of $20 for the first offense, $40 for the second offense within one year of the first offense, $60 for the third offense within one year of the first offense, $80 for the fourth offense within one year first offense and $100 for the fifth offense within one year of the first offense. The fine shall be attached to the resident’s utility bill for the offending property. The ticket/citation will be documented by a time and dated picture of each offense to be filed and maintained by the citing officer.
(Prior Code, § 9.14.16)
(K) (1) See § 130.99 for penalties applicable to any misdemeanor classification.
(Prior Code, § 9.14.99)
(2) Any person violating a provision of this section shall be deemed guilty of a minor misdemeanor in accordance with R.C. Chapter 2929.28, Financial Sanctions - Misdemeanor.
(Prior Code, § 9.15.99)