(a) No person, without privilege to do so, shall knowingly dismantle and/or remove by any means, any fixtures, building or construction materials attached to, installed on, in, or over the interior or exterior of any new or existing residential, commercial, industrial, accessory or other structure and the property on which the structure is sited.
(b) As used in this section, "without privilege to do so" means not having possession of a valid approval in the form of a building or demolition permit issued by the City's Chief Building Official or his or her designee and, if required, any certificate of appropriateness from a Historic District Commission with applicable jurisdiction.
(c) As used in this section, "fixtures" include but are not limited to: heating and air-conditioning equipment such as furnaces, boilers, radiators, chillers, compressors, ductwork, pressure piping and vent piping; electrical service installations such as the electrical service connection to the service provider and electrical service panels, electrical wiring, electrical lighting fixtures, solar panels, ceiling fans and exhaust equipment; kitchen cooking, venting, food storage and food preparation appliances; plumbing systems such as bath tubs, bath and shower valves, sinks, toilets, urinals, bidets, water supply and waste water supply piping and valve systems, soil piping and vent piping systems, fire suppression piping and systems; manufactured or on-site constructed components such as windows, skylights, doors, door-window-porch pediments, entablatures, architraves, friezes, roof cornices and soffit treatments, columns and capitals, porch and balustrade railing systems; cupolas, weathervanes, window and bay window roof hoods; interior millwork such as handrails, newel posts, balusters, fireplace mantel pieces, bookcases and built-in cabinetry; masonry, lintels and cut stone work; support beams and lolley columns; mirrors, stained glass, tile work and mosaics, counters, backsplashes, plaster molding pieces and painted wall and ceiling murals; gutters, eavestroughs, downspouts and flashings; decorative yard structures, fencing and gates; landscaping, trees, shrubs and bushes; and "building or construction materials" include but are not limited to siding, paneling, wood, bricks, piping, electrical materials, roofing materials, flooring materials, glass and hardware.
(d) It is no defense to a charge under this section that a structure has been condemned or abandoned; that its owner cannot be determined or located; or that the owner has given permission for the removal of such material.
(e) Whoever violates § 545.21 shall be guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000) and shall be imprisoned not less than three days nor more than six months. The violator shall also be liable for the investigative fines and penalties in accordance with § 1319.04 of this code. The violator shall also be subject to the following penalties:
(1) If the material dismantled and/or removed in violation of this section is metal or a "special purchase article" as defined under R.C.§ 4737.04 or any fixture, building material or planting, then any motor vehicle used by the offender in the commission of an offense under this section shall be subject to impoundment for ninety days.
(3) The cost to repair and/or replace any material or item damaged, lost or stolen in the commission of a violation of this section.
(Ord. 505-15. Passed 10-13-15.)