901.01 Setting of utility poles.
901.02 Moving a permanent building.
901.03 Awnings.
901.04 Trimming trees over streets and sidewalks.
901.05 Street cleaning deposit.
901.99 Penalty.
CROSS REFERENCES
Assessments - see Ohio R.C. 701.05, Ch. 727
Excavations - see S.U. & P.S. Ch. 905
Subsurface wiring - see S.U. & P.S. Ch. 933
No person shall set any utility pole in any street, public easement, alley, sidewalk, street right of way or public way within the City unless a permit to set such pole has been obtained prior to the commencement of work. Application shall be made on a form acceptable to the Service Director giving the exact location of each pole and its relation to curbs, drives, other utilities, etc. A permit shall be issued only after the application is processed by the Service Director.
(Ord. 35-69. Passed 8-4-69.)
No person shall move a permanent building over, upon, through or across any dedicated right of way, public easement or lands unless a permit has been obtained prior to such movement. Conditions of the permit shall carry the approval of the Director of Public Service, Director of Public Safety and the Chief of Police. The fee for such permit, payable on the issuance thereof, shall be one hundred dollars ($100.00).
(Ord. 35-69. Passed 8-4-69.)
Awnings now erected or maintained, or which shall hereafter be erected or maintained, and which project over any part of the right of way shall be at an elevation of not less than eight feet above the sidewalk at all points; and may extend beyond the street line but not nearer than eighteen inches to the curb line. They shall be supported without posts, by metal brackets or proper hinges or pivots, with metal framework attached to the building, and the sidewalk shall be wholly unobstructed thereby. Provision shall be made so that the awning can be rolled or folded flat against the building, no part of the awning being less than eight feet above the surface of the sidewalk. (Ord. 35-69. Passed 8-4-69.)
The owner of any property within the City on which shade trees are planted or growing shall trim and maintain the branches of the trees so that such branches shall have a clear height of at least eight feet above the surface of the sidewalk and eighteen feet above the surface of the roadway. If any owner fails to comply with this section, such trimming may be done by the Service Director and the cost thereof charged against the owner and collected in the manner provided by law. The payment of such expense shall not relieve the owner from the penalties hereinafter provided. (1964 Code Sec. 52.17)
(a) Whenever a permit for a new building or an addition to an existing building is issued, or a deposit is made for the inspection of the improvements for a subdivision, the applicant for such building permit or developer of such subdivision shall pay to the Director of Public Service a deposit of two hundred fifty dollars ($250.00) for street cleaning costs. The street cleaning deposit shall be paid to the Director of Public Service prior to the issuance of a building permit and, with respect to a subdivision, prior to the commencement of any subdivision improvements, including soil removal. The Director of Public Service may waive the street cleaning deposit for any building permit applicant who proposes to construct an accessory structure to a one-family or two-family dwelling. Any deposit, or portion of deposit, remaining after completion of the construction or the development, and upon approval by the City, shall be refunded to the applicant within thirty days thereafter.
(b) Except as provided in subsection (c) hereof, upon receiving notice that a permit holder or developer, as described in subsection (a) hereof, has tracked mud, dirt, sticky substances or similar materials onto the City streets, the Zoning Administrator shall notify him in writing of the violation. The permit holder or developer shall promptly correct the violation within eight hours after receiving such notice. In the event that the violation is not corrected within that period, the City may proceed to clean the street itself and deduct the reasonable value of the street cleaning from the deposit made pursuant to subsection (a) hereof.
(c) If, in the opinion of the Director of Public Service or his designee, a hazard to the public exists because of the amount, type, or condition of material in a street, the street may be immediately cleaned by the City, and the cost of the cleaning deducted from the permit holder’s or developer’s deposit without prior notification to the depositor of the violation.
(d) If during the course of construction or improvements, the deductions for street cleanings made by the City reduce the deposit balance to less than twenty-five percent (25%) of the original deposit amount, the permit holder or developer who made the deposit shall make an additional deposit in order to bring the balance to not less than 100 percent (100%) of the original deposit amount. If such additional deposit is not made within three days after the depositor has been notified by the Director of Public Service, the City may order all construction or improvement stopped until such time as the additional deposit is received.
(e) As used in this section, the following terms shall have the following meanings:
(1) “Permit holder or developer” means the permit holder or developer, and any of his employees, contractors, subcontractors, agents, or materialmen;
(2) “Street” means the street itself and any catch basin, inlet basin, manhole, or sewer pipe appurtenant to such street.
(f) Nothing contained in this section shall be construed to excuse or relieve any person or organization from criminal or civil liability arising out of a violation of any other provision or section of the Codified Ordinances. (Ord. 88-96. Passed 7-15-96.)
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