1440.06 CONSTRUCTION DEPOSITS AND CERTIFICATES.
   (a)   Deposits, prior to construction, for single-family, two-family dwellings and multi- family dwellings, including condominium units are as follows:
      (1)   All new house construction for single family, five times the permit fee.
      (2)   Addition to above construction. Five times the permit fee or one thousand dollars ($1,000), whichever is greater.
      (3)   Alterations to all above construction except for roofing. Five times the permit fee or one thousand dollars ($1,000).
      (4)   Two-family dwellings and multi-family dwellings. Five times the permit fee or one thousand dollars ($1,000), whichever is greater.
      (5)   Single Family Condominium Units. Five times the permit fee or one thousand dollars ($1,000), whichever is greater.
   (b)   Deposits, prior to construction, for commercial, industrial and other types of occupancies are as follows:
      (1)   New buildings, five times the building permit or three thousand dollars ($3,000), whichever is greater.
      (2)   Additions, five times the permit fee or two thousand dollars ($2,000) minimum.
      (3)   Alterations, and repair, five times the permit fee, or one thousand dollars ($1,000), whichever is greater. (Ord. 2001-7. Passed 1-22-01.)
   (c)   Certificate of occupancy fees under the Ohio Building Code are as follows:
      (1)   Original: Twenty-five dollars ($25.00).
      (2)   Duplicate: Five dollars ($5.00).
   (d)   Irrespective of the foregoing deposit reimbursements, any owner occupying a residential dwelling and who is performing all work for which a permit is sought or who is the general contractor for which a permit is sought shall be exempt from the requirements of making any cash deposit hereunder. A personal bond only shall be required of such owner-occupant. Such bond shall be on a form prescribed by the Solicitor and shall contain therein an authorization to charge such owner-occupant for any sum necessary to replace and/or restore any damage caused to Village property during construction, or for the proper grading or draining of the premises, if not completed as required by this Building and Housing Code and the Planning and Zoning Code.
   (e)   Deductions from the above deposits shall be made for all sums necessary to replace and/or restore any damage to Village property, or for grading or drainage, if not completed as required by this Building and Housing Code and the Planning and Zoning Code. Such deposit shall also be a guarantee for repair of any damage done to public or private property and/or cleaning required to be done to public or private property by reason of such construction operation. If any damage occurs during the construction operation which shall not immediately be remedied by the owner or his agent, the Village shall have the right, without notice to the owner or his agent to repair such damage or to do any cleaning and reimburse itself from such deposits for all expenses so incurred. In such event, the owner or agent shall upon demand immediately reimburse the deposit fund to bring it up to its full original amount. If the owner or agent fails to make such reimbursement, the Building Inspector may issue an order stopping all work on the project until reimbursement is made. After construction work has been completed and any necessary repairs or cleaning are completed to the satisfaction of the Building Inspector, the deposit shall be refunded.
(Ord. 1987-37. Passed 8-10-87.)
   (f)   Whether or not the deposit was made prior to the effective date of this subsection, when more than twelve months have passed since the making of any initial deposit required under this Chapter 1440, and further, where no significant activity is occurring with regard to the construction activities associated with such deposit, then the Building Inspector shall cause a notice to be sent to the depositor and owner setting forth any Village requirements then outstanding, and allowing said depositor and/or owner 30 days to remedy such deficiencies. After the expiration of such 30 days, if the deficiencies have not been remedied, the Building Inspector shall cause a notice of forfeiture to be sent by certified mail and regular mail to the depositor and/or owner, which forfeiture may be appealed by the depositor and/or owner by submitting an appeal in writing and emailing, hand-delivering, or mailing such appeal to the Village: (i) within ten business days not including weekend days or holidays from the date that the certified mail return receipt of the notice of forfeiture was signed, or if such signature date is not evident from the certified mail return receipt, then the date the certified mail return receipt of the notice of forfeiture was received by the Village; or (ii) in the event that no certified return receipt of the notice of forfeiture is received by the Village and the notice of forfeiture sent by regular mail was not returned to the Village for failure to forward or other reason, within 20 business days not including weekend days or holidays from the date that the Village mailed the notice of forfeiture by regular mail. If no such appeal is timely received by the Village, said deposit shall be forfeited to the Village. At Council's discretion, all or a portion of such deposit may be refunded to said depositor and/or owner. In such event, Council may also determine to retain a portion of such deposit in order to defray any reasonable cost to the Village associated with the forfeiture procedure, including, but not limited to, office overhead, postage, labor, and legal expenses.
(Ord. 2003-25. Passed 8-11-03; Ord. 2022-25. Passed 3-14-22; Ord. 2022-102. Passed 12-12-22; Ord. 2023-14. Passed 2-13-23.)