INDEX

TITLE 1: ANIMALS PAGE 1

TITLE 2: CURFEW PAGE 3

TITLE 3: PROPERTY MAINTENANCE CODE PAGE 4

TITLE 4: STREETS AND SIDEWALKS PAGE 29

TITLE 5: FIRE PREVENTION CODE PAGE 39

TITLE 6: BUILDING REGULATIONS PAGE 40

TITLE 7: PUBLIC SOLICITATION PAGE 42

TITLE 8: TRAFFIC CODE PAGE 47

TITLE 9: CRIMINAL CODE PAGE 49

TITLE 10: PARADES PAGE 57

TITLE 11: PARKING REGULATIONS PAGE 58

TITLE 12: PARKS AND RECREATIONAL FACILITIES PAGE 59

TITLE 13: NUISANCES; ABATEMENT PAGE 66

TITLE 14: EARTHWORK REGULATIONS PAGE 69

TITLE 15: VILLAGE COUNCIL GOVERNANCE RULES PAGE 88

TITLE 16: RENTAL UNITS AND PERMITS PAGE 99 (Revised 09/10/2021)

TITLE 1: ANIMALS

100.01 ANIMALS ROAMING AT LARGE PROHIBITED

No owner, keeper or harborer of a dog shall permit or allow the dog to roam at large on, over or across public streets, parks or grounds within the corporate limits, unless held properly in leash.

Penalty, see 100.99

100.02 DETERMINATION OF HARBORING OR KEEPING (Amended 5/23/11)

Any person allowing any animal habitually to remain and be lodged or fed within his house, store, building, enclosure, or premises, shall be considered to be harboring or keeping the same within the meaning of this title.

100.03 ANIMALS ANNOYING RESIDENTS PROHIBITED

No owner or keeper of an animal shall permit or allow such animal to cause serious annoyance to the neighborhood or to persons passing along the public streets in this municipality by loud frequent or habitual howling, yelping, barking or the making of any other noises by such animal within the corporate limits.

Penalty, see 100.99

100.04 VICIOUS ANIMALS PROHIBITED

No person shall own, keep or harbor an animal that notoriously exhibits a vicious or harmful disposition toward life, limb or property of residents of the municipality.

Penalty, see 100.99

100.05 LICENSING OF DOGS (Amended 5/23/11)

It shall be unlawful for any person to own, harbor or keep any dog more than 3 months old, unless the dog is licensed in accordance with Section 955.01 Ohio Revised Code as amended, or to own, harbor or keep any dog 3 months old or over that does not at all times wear a collar with a tag, in accordance with Section 955.10 Ohio Revised Code as amended except dogs constantly confined to registered kennels or when engaged in lawful hunting accompanied by its owner or custodian.

100.06 RESTRAINTS UPON ANIMALS (Amended 5/23/11)

All animals kept on the property of it’s owner, keeper or harborer shall be leashed, tied, fenced, controlled electronically (invisible fence) or otherwise secured in such manner so that the animal will not be able to attack, annoy, bite, or worry any invitee or licensee entering the property.  An animal, which is not leashed, tied, fenced or controlled electronically (invisible fence) but which

is controlled on the property of the owner, keeper or harborer shall be deemed “otherwise secured” within the meaning of this section.

100.07 NOXIOUS ANIMALS AND UNSANITARY CONDITIONS PROHIBITED

No person, within the Village limits, shall keep, harbor, raise or assist in raising, any animals in unsanitary condition or conditions which cause offensive, unwholesome or unhealthy odors.

100.08 DEFINITION OF ANIMAL FACILITY (Amended 5/23/11)

An animal facility is a premises owned by a person who is harboring and caring for more than 4 household animals.  Animal facilities, kennels and catteries are prohibited in areas of the Village which are zoned as residential.  This provision shall not apply to the keeping of fish.

100.09 LIMITATION ON NUMBER (Amended 5/23/11)

No person shall harbor or keep more than a total of two dogs, two cats or a combination of dogs and cats so as to total not more than four; however, in the event that a household pet dog or cat gives birth, the young animals will not be considered in the above number limitation during the first 120 day period of their lives.

100.10 RACING ANIMALS

No person shall run or race any animal, or ride or drive any animal on public sidewalks or on paved portions of any street in this municipality without a permit.

100.11 ANIMAL EXCREMENT REMOVAL

No person shall allow an animal under his or her control to be upon public property or upon the property of another, absent the consent of the owner or occupant of the property, without some device for removal and containment of such animal’s excrement; nor shall any person fail to remove any excrement deposited by any animal under his or her control on public or private property.

100.99 ENFORCEMENT AND PENALTY

Sections 307 and 308 of this code entitled Violations, Notices and Forms are hereby incorporated into this title and in addition to the procedure and penalty provisions of those sections, whoever violates any provisions of this title shall be guilty of a minor misdemeanor for each offense.  Each day of continued violation of any provision of this title constitutes a separate offense.

TITLE 2:   CURFEW

200.01 CURFEW ESTABLISHED

No child under 18 years of age, unless accompanied by a parent or guardian, shall be upon any street, highway or other public ground in the municipality at any time between the hours of 11:00 PM and 6:00 AM of the succeeding day.

200.99 PENALTY

Whoever violates any provision of this chapter, for which another penalty is not already provided, or any parent or guardian permitting his/her children to violate any provision of this chapter, shall be fined not more than $100.00 plus court costs.

Private swimming pools, hot tubs and spas containing water more than 24 inches (610 mm) in

depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool.  Gates and doors in such barriers shall be self-closing, self-latching and the release mechanism shall be located on the pool side of the gate.

            C.        Salvage materials.     When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable.  The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court.  If such a surplus does remain to be turned over, the report shall so state.

306.05 NOTICES AND ORDERS  

The MCE shall issue all necessary notices or orders to ensure compliance with this code.

306.06 RECORDS    

The MCE shall keep official records of all business and activities which relate to this code.

307.06 FORM OF CIVIL CITATION       

Civil Citations issued for a failure to comply with the Notice of Violation by the deadline established therein, or by the granted deadline extension, must be given in accordance with all of the following:

            a)         The Citation must be in writing on a form specifically designated as a Civil Citation, conforming in substance to the form set forth in Section 308.03;

            b)         The Citation must include a statement advising the person charged that he/she must answer the citation within fourteen (14) days after the date on which the Citation is served upon him/her;

            c)         The Citation must include a statement indicating the allowable answers that may be made and that the person will be afforded a court hearing if he/she denies committing the violation;

            d)         The Citation must include a statement specifying that the answer must be made in person, or by mail, to the Village of North Bend Clerk;

            e)         The Citation must include a statement indicating the amount of the fine arising from the violation;

              f)            The Citation must include a statement advising the person of the violation charged, the date, time and place of the violation charged; and

            g)         The Citation must include the MCE’s or Rental Unit Inspector’s signature.

307.07 METHOD OF SERVICE    

The Civil Citation shall be deemed to be properly served it if is:

            a)         Delivered personally by the MCE or by the Rental Unit Inspector or by a Hamilton County deputy sheriff; or

            b)         Sent by certified or first class mail addressed to the owner of the property at issue at the address of the property; or

            c)         Sent by certified or express mail, return receipt requested to the owner of the property at issue at the address listed as the owner’s tax mailing address by the Hamilton County Auditor; or

            d)         Sent by certified or express mail, return receipt requested to the owner of the property at issue at the owner’s last known address; or

            e)         In the event of failure by methods described in a), b), c) and d) above, posted in a conspicuous place in or about the property at issue; or

            f)         Served by any other method of service permitted by the Ohio Rules of Civil Procedure.

307.08 PERMISSIBLE ANSWERS (Amended 2/29/16)  

Any Owner to whom a Civil Citation has been served may answer said Citation in one of the following ways:

            a)         Completion of the required corrective action within fourteen (14) days of service of the Citation.

b)         Written admission that the Owner committed the violation, completion of the required corrective action and payment of the fine if the corrective action was not completed within fourteen (14) days of service of the Citation.

            c)         Written request for an extension of time with a specific timetable for completion of the required corrective action.

            d)         Express denial of some or all of the violations.

            e)         Admission of the violations charged will be presumed if the owner fails to file an answer, pay the fine and complete the required corrective action set forth in the Civil Citation.

            With respect to any Owner who has been served a Civil Citation and been determined to have violated the same Village Ordinance contained in any of the following NBRC Sections including §§ 301, 302, 303.01-303.04, and 304, within the immediate twelve (12) month period, that owner must immediately complete the requested corrective action and that owner is also immediately liable for the fine(s) levied and incurred pursuant to Village Ordinance § 307.17 which begin to immediately accrue upon the proper service of the subsequent violation of that same Village Ordinance contained in NBRC Sections including § 301.05, §§ 301, 302, 303.01-303.04 and 304 within the previous and immediate twelve month period.

307.09 FILING OF ANSWER        

Owners served with Civil Citations may file their Answers with the office of the Village Clerk, 21 Taylor Avenue, North Bend, Ohio in person during regular business hours or by mailing the Answer and any required payment, postage prepaid, to the Village Clerk, 21 Taylor Avenue,

North Bend, OH 45052.  In order to avoid assessment of a fine, such Answers must be received by the Clerk no later than fourteen (14) days after the date that the Civil Citation was served upon such Owner.

307.10 EFFECT OF ADMISSION AND PAYMENT OF FINE 

Owners which admit to the violation charged in a Civil Citation issued against them and which pay the fine set forth in the Citation are not  absolved from resolving, removing, repairing, or otherwise abating the condition which resulted in the issuance of the Civil Citation.  If such persons, firms, or corporations fail to resolve, remove, repair, or otherwise abate that condition, the MCE may continue to issue Civil Citations each day he/she determines that the condition continues to violate the provisions of this code.  Civil Citations issued for such continuing,

unresolved violations of this code need not be preceded by additional Notices of Violation as the initial Notice of Violation shall suffice to notify the persons, firms, or corporations involved in the nature of the violation charged.  Further, the admission and payment of the fines set forth in the Civil Citation shall not preclude the Village of North Bend from instituting, by and through its law director, appropriate action to enjoin, restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

307.11 EXPRESS DENIAL OF VIOLATIONS CHARGED IN CIVIL CITATIONS

Owners served with Civil Citations may deny the violations charged in the Civil Citation by expressly denying the violations in writing and presenting the denial in person to the Village Clerk or by mailing the denial, postage prepaid, to the Village Clerk, 21 Taylor Avenue, North Bend, OH 45052.  Such denials must be received by the Village no later than fourteen (14) days after the date that the Civil Citation was served upon such Owner.

307.12 IMPLICIT ADMISSION OF VIOLATIONS       

Owners who fail to either admit or expressly deny the violations charged in the Civil Citation issued against them in the manner and within the time permitted by Section 307.08 of this title shall be deemed to have implicitly admitted the violations charged.

307.13 REFERRAL TO COURT   

If the Owner issued a Civil Citation expressly denies the violations charged in the Citation within fourteen (14) days after service of the Civil Citation, the Village Law Director may institute appropriate court action.

307.14 COURT HEARINGS          

Court hearings are conducted according to the Ohio Rules of Civil Procedure and the court will determine whether the violation is proven by a preponderance of the evidence.  If the court determines that the violation has been proven, it will order the violator to pay the fine and issue any order it deems appropriate, including an order for payment of fees and fines, an order to cease renting, an order to condemn and vacate the premises, and an order to place an assessment on the premises as a lien.

307.15 PAYMENT OF FINE AFTER DETERMINATION OF GUILT          

Owners found to have violated the provisions of this code charged in the Civil Citation must pay the fines assessed by the court within ten (10) days after the judgment.  Failure to pay the fine within this time period will result in the placement of a lien on the property at issue.

307.16

Any party receiving a decision which is adverse to their position may appeal the decision in accordance with the Ohio Rules of Civil & Appellate Procedure.

307.17 VIOLATION PENALTIES (Amended 5/18/15)

Any Owner who violates a provision of this code shall be issued a Civil Citation in the following amounts:

            a)         In the amount of one hundred dollars ($100.00) on the first offense;

            b)         In the amount of two hundred fifty dollars ($250.00) for the second offense;

            c)         In the amount of five hundred dollars ($500.00) for the third offense.

307.18 ADMINISTRATIVE FEE

In addition to the above penalties, the Village of North Bend will charge an administrative fee for the processing of all civil citations.  The administrative fee shall be $375.00.       

307.19 CONTINUING VIOLATIONS

The above fines are cumulative and each day that a violation continues after due notice has been served shall be deemed a separate offense.

{C}A.                               By completing the required corrective action within fourteen (14) days of service of this citation upon you and notifying the Clerk in writing.

{C}B.                               By completing the required corrective action and paying the fine if the corrective action is not completed within fourteen (14) days of service of this citation upon you.

{C}C.                               By requesting an extension of time in writing with a specific timetable for completion of the required corrective action.

{C}D.                               By filing an express written denial of some or all of the cited violations with the Village Clerk’s Office, 21 Taylor Avenue, North Bend, OH 45052.

{C}E.                               Failure to file an Answer constitutes an admission of violation.

            If your Answer is a denial, the Village Law Director is authorized to file a civil lawsuit against you in the appropriate Hamilton County Court and the matter will be submitted for decision and if necessary appeal in accordance with the Ohio Rules of Civil Procedure.

                                                                                    ____________________________________

                                                                                    Maintenance Code Enforcer

CERTIFICATE OF SERVICE

            I certify that this Citation was served upon _____________________________________

                                                                                                   (Owner)

by (certified mail, first class mail, hand delivery, publication pursuant to the Ohio Rules of Civil Procedure) on _______________, 20___.

                                                                                    ____________________________________

                                                                                    Maintenance Code Enforcer DATE

TITLE 4: STREETS AND SIDEWALKS

400.01 APPLICABILITY OF COUNTY REGULATIONS REGARDING STREETS, SIDEWALKS AND DRIVEWAYS

The Village shall be controlled by the Rules and Regulations of the Hamilton County Engineer’s Office regarding specifications for streets, sidewalks and driveways, as currently in effect, except as otherwise provided.

400.02 PERMIT REQUIRED TO OPEN SIDEWALK

No person, firm, or corporation may make any opening in any street, alley, sidewalk, or public way of the municipality unless a permit to make such opening shall have been obtained prior to commencement of the work.

Penalty: See Section 400.99

400.03 APPLICATION AND CASH DEPOSIT

Each permit for making such opening shall be confined to a single project and shall be issued by the Street Commissioner.  Application shall be made on a form prescribed by the Street Commissioner, giving the purpose of proposed opening, the exact location of the proposed opening, the kind of paving, the area and depth to be excavated and such other facts as may be provided for.  A fee of $50.00 shall be collected before issuing such permit, which sum shall be paid into the general fund of the municipality.

400.04 PERMIT ISSUED, WHEN

The permit shall be issued only after a bond sufficient to cover the cost of restoration has been posted with the Street Commissioner, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.

400.05 RESTORATION OF PAVEMENT

(A)       The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the Street Commissioner and in accordance with rules, regulations and specifications established by the Council.

(B)       Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the municipality may proceed, without notice, to make such fill and restoration and the bond referred to in the preceding section shall be deemed forfeited.  Thereupon, such bond shall be paid into the street repair fund of the municipality for restoration services

            performed by it.  If the amount of such services performed by the municipality should exceed the amount of such bond, the Clerk Treasurer shall proceed to collect the remainder due from the permit holder.

(C)       The restoration of any opening made in a street right-of-way pursuant to this section shall be made by backfilling the opening with graded bank run gravel to a distance of 4 feet from the improved portion of street, or to the satisfaction of the Street Commissioner.  The top filling of the backfill shall be of soil.

(D)       That portion of any opening that is in the improved portion of a street shall be restored by filling said opening with graded bank run gravel properly compacted, but the improved portion shall be rebuilt to the street specifications of the type of street that has been opened.

(E)       Whenever any tunneling, boring or drilling under a street right-of-way with an opening in excess of 6 inches is made, the opening shall be refilled by blowing or compacting either pea gravel or a mixture of 20 parts sand to one part Portland cement around any pipe or conduit inserted in such opening.

400.06 BARRIERS AROUND EXCAVATION

Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way at all times during the night season shall cause at least 2 illuminated amber lamps to be securely and conspicuously posted on, at or near each end of such obstruction or excavation, and if the space involved shall exceed 25 feet in extent, then at least one additional lamp for each added 25 feet or portion thereof excavated or obstructed.

400.07 CONSTRUCTION OF PRIMARY STREETS

(A)       For the construction of a primary street the right-of-way must be not less than 60 feet in width and the road surface of the street shall be not less than 24 feet in width.

(B)       Primary streets shall be constructed as type 1, 2, 3 or 4 of the Hamilton County specifications or in the alternative may be constructed with the installation of 2 courses of slag each course being not less than 5 inch courses as type 5, 6, 7 or 8 of Hamilton County specifications.

(C)       With the exception of divisions (A) and (B) of this section, the specifications prescribed by Hamilton County shall be the specifications for primary streets in this municipality.

400.08 CONSTRUCTION OF SECONDARY STREETS

(A)       For the construction of secondary streets, the right-of-way shall not be not less than 50 feet in width and the road surface shall not be less than 24 feet in width.

400.16 ICE AND SNOW ON PUBLIC SIDEWALKS

(A)       Whenever a public sidewalk or any part thereof along any building premises or unimproved lot of land shall be encumbered with ice or snow, the owner, occupant, or other person having the care of such premises or lot shall cause such sidewalk to be made safe and convenient by removing the ice or snow therefrom, or by covering the same with sand or other suitable substance.

(B)       Failure to comply with the provisions of this section for a reasonable period of time shall subject such owner, occupant, or person in charge to the penalty provided for violation of this section.

Penalty:           See section 400.99

400.17 PUBLIC SIDEWALK REPAIR

(A)       The repair of sidewalks in the municipality shall be the responsibility of the owner of property immediately adjacent to the public sidewalk.

(B)       When the current Street Commissioner has condemned a sidewalk or a part thereof he/she shall notify the owner of the property immediately adjacent to the walk that the sidewalk has been condemned and that such owner must repair the same according to the specifications set forth in this chapter within a reasonable period of time.  The notice required hereunder shall be deemed complete upon delivery:

                        (1)       To the owner personally;

                        (2)       To the owner by mail addressed to last known address;

                        (3)       To any tenant, when the address of the owner is unknown;

                        (4)       Upon the posting of any vacant premises when the address of the owner is unknown.

(C)       The notice to the property owner shall identify the property, the location of the sidewalk, the reasons for condemnation, and the period of time allowed to the property owner to have the work done by private contract.  Such time shall not be less than 30 days from the date of delivery of notice.  If the owner fails within 60 days to apply for a permit from the Hamilton County Building Department (HCBD) to do the work ordered by the commissioner or if he/she fails to have the work completed within 90 days of the delivery of the Commissioner’s notice, the municipality shall proceed to have the necessary work performed and to charge and collect from the property owner the cost of said work plus administrative charges.

400.18 CASH DEPOSIT FOR REPAIR OF STREETS

(A)       No building permit shall be issued for any private construction project on Village streets that are dedicated and accepted, utilizing trucks weighing over 5 tons and/or heavy earth moving and construction machinery until the developer, general contractor or the property owner has made a cash deposit in the amount of $2,000.00 with the Village Clerk/Treasurer payable to the Village of North Bend to insure and guarantee the repair of any damage caused to the Village streets by the construction activity.

(B)       The developer, general contractor or property owner initiating a project described in paragraph (A) above must present a certificate of receipt of deposit conforming in substance to the form set forth in Section 400.19 of this title to the Village Street Commissioner and to the office of the Hamilton County Engineer signed by the Village Clerk before a building permit may be issued.

(C)       The Street Commissioner shall photograph and document the condition of the street and curbs in the vicinity of the construction activity prior to issuance of the permit.

(D)       The Street Commissioner shall again photograph and document the condition of the streets upon issuance of the final occupancy permit and report his findings to the Village Council.

(E)       The deposit shall be released to whomever paid the cash deposit upon determination by the Street Commissioner after completion of all construction activity, that no damage has been caused or that the streets in the vicinity of the project have been satisfactorily repaired.

(F)       In the event the Street Commissioner is not satisfied that damage to the Village streets caused by a certain private construction project has been appropriately repaired, notice shall be given to the property owner concerning the extent and estimated expense of the needed repairs; and shall notify the property owner concerning the disposition of the property owner’s deposit.

The property owner may appeal the Street Commissioner’s decision in writing filed with the Village Clerk within thirty (30) days of the Street Commissioner’s decision.  The final determination of the disposition of the property owner’s deposit shall be placed on the agenda of the next regularly scheduled Council meeting following the filing of the appeal or the expiration of the thirty (30) day appeal period.

400.19 FORM FOR CERTIFICATE OF RECEIPT OF DEPOSIT

CERTIFICATE OF RECEIPT OF DEPOSIT

            The Village of North Bend, Ohio hereby certifies that a deposit of $2,000.00 has been paid by __________________________________________________ (owner) pursuant to Ordinance No. 2008-08 to be held by the Village until completion of a construction/rehabilitation project on the premises located at __________________________________________________ in the Village of North Bend.  Any interest earned on the deposit shall be retained by the Village to defray costs of administration.

            The deposit shall be released to ______________________________________________  (owner) upon determination by the Village Street Commissioner after completion of all construction activity on the project, that no damage has been caused to the Village streets by reason of the construction activity or that the streets in the vicinity have been satisfactorily repaired; or

            In the event the Street Commissioner is not satisfied that damage to the Village streets caused by a certain private construction project has been appropriately repaired, notice shall be given to the property owner concerning the extent and estimated expense of the needed repairs; and shall notify the property owner concerning the disposition of the property owner’s deposit.

            The property owner may appeal the Street Commissioner’s decision in writing filed with the Village Clerk within thirty (30) days of the Street Commissioner’s decision.  The final determination of the disposition of the property owner’s deposit shall be placed on the agenda of the next regularly scheduled Council meeting following the filing of the appeal or the expiration of the thirty (30) day appeal period.

                                                                                    VILLAGE OF NORTH BEND, OHIO

____________________________________ ____________________________________

Owner:                                                                                      Clerk/Deputy Clerk

400.99 PENALTY

Whoever violates any provisions of this title shall be fined $100 a day for each offense plus court costs.

TITLE 5: FIRE PREVENTION CODE

500.01 FIRE PREVENTION CODE ADOPTED BY REFERENCE

The Fire Prevention Code of the Village of North Bend shall be the Southwest Ohio Fire Safety Council Unified Fire Code, as currently in effect.

500.02 SMOKE DETECTORS-MULTIPLE DWELLINGS

That owners of all apartment building and rental units are hereby required to install smoke detectors and alarms in the common hallways of their buildings.  There shall be at least one smoke detector in the common area on each floor of the building.

500.03 REGULATING THE BURNING OF FIRES

(A)       No person shall kindle, ignite, set, start, or maintain fires of:

                        (1)       Any matter on the pavement of any public road or street in the municipality.

                        (2)       Houses or other structures within the municipality; or

                        (3)       Any matter within the municipality without a permit except that fires for outdoor cooking or for the burning of paper in containers constructed to prevent the spread of such fires may be maintained without a permit.  All fires shall be attended until extinguished or safely covered.

(B)       Any person desiring to kindle, ignite, set, start or maintain fires shall apply to the Miami Township Fire Department or the municipality for a written permit to do so.

500.99 PENALTIES

Whoever violates any provision of Title 5 shall be fined $500.00 and court costs.  Each and every such violation of noncompliance shall constitute a separate offense.

TITLE 6: BUILDING REGULATIONS

600.01 BUILDING CODES

The Hamilton County, Ohio Building Code, current revised edition, is hereby adopted by reference as the building code of the Village of North Bend with following modifications and additions:

            (A)       Ordinary repair:          Ordinary repair, where the value of the work including labor and materials does not exceed one thousand ($1,000.00) dollars, may be made without application or notice to the building official provided such work does not interfere with the vital features of the building.

            (B)       House trailers: A house trailer shall mean any vehicle or other structure capable of being used as a vehicle which has no permanent foundation and is used or designed to be used for sleeping or living quarters and which is moved or may be moved by its own power or by attachment to another vehicle.  No house trailer shall be used for permanent sleeping or living quarters.  Trailers and vehicles in place before June 1, 1990 are excluded from this provision.  House trailers may be occupied as living or sleeping quarters only from May 1 to November 2 each year on property adjoining the Ohio River.

            (C)       Footer As-Built Drawings

Prior to the construction of any structure proceeding past the poured footer phase, an as-built site plan shall be submitted to and approved by the Village of North Bend Engineer. 

                        The footer as-built plan shall meet the following requirements:

                                    1.         The drawing scale shall not exceed 1” = 30’.

                                           2.         All property boundaries, including bearing and distance information, shall be shown.

3.         All easements and building setback lines shall be clearly shown and labeled.

                                           4.         The poured footer for the structure shall be accurately located in the field and verified on the drawing by a licensed surveyor and submitted to and approved by the Village Engineer.

                                    5.         The top of the footer elevation shall be given.

                                           6.         The minimum yard depth shall be provided to all lot lines.  Distances shall be carried to the nearest 1/100 foot (e.g., 51.39’).

7.         The drawing shall be provided in hard copy and shall be signed and stamped by a Professional Surveyor registered in the State of Ohio.

8.         The Footer As-Built Drawing will be compared to the site plan/plot plan submitted for the structure.  The location and elevation of the footer will be checked to insure the structure is constructed as approved by the Village of North Bend Engineer.

                                           9.         Any deviation of six inches (6”) or less that encroaches on the required minimum zoning setback shall be deemed approved.  Deviations beyond six inches (6”) shall require approval by the Village of North Bend Planning Commission or the Hamilton County Board of Zoning Appeals. 

            (D)       All provisions of the Hamilton County Building Code, with the modifications cited in Sections (A), (B) and (C) of this ordinance, are hereby declared to constitute the building code of the Village of North Bend.

TITLE 7: PUBLIC SOLICITATION

700.01 DEFINITIONS

(A)       “PUBLIC SOLICITATION” shall mean the act of soliciting from the public: Money, donations, property, or financial assistance of any kind, including selling or offering to sell an article, service, publication, advertisement, ticket, or subscription of any kind, including the selling of any publication or advertisement in any publication which is printed less frequently than quarterly on the village streets or in public buildings, or by house to house canvas or in any public place or park.

(B)       “PERSON” shall mean any person, organization or business entity.

700.02 PERMIT REQUIRED FOR PUBLIC SOLICITATION

No person shall conduct a public solicitation unless the person conducting the solicitation shall have obtained a permit.

Penalty:           See 700.09

700.03 ISSUANCE OF PERMIT AND PHOTO BADGE

(A)       All persons desiring to conduct public solicitation in the Village shall apply for a permit at the Village Municipal Building at 21 Taylor Avenue during regular business hours.

(B)       The application shall be on a form, a sample of which appears in this title as Section 701.01, accompanied by the applicant’s photo ID, business entity information and a deposit of $10.00.  The deposit shall be refunded upon surrender of the permit photo badge.

(C)       Permit applicants shall provide two color passport photos, one of which shall be incorporated into a “Permit Identification Badge” (ID).  A $10.00 refundable deposit shall be required for each ID issued, and such deposit returned upon surrender of the ID badge to the Village Deputy Clerk.

(D)       CHARITABLE SOLICITOR REGISTRATION.      Any person who represents a business or organization exempt from taxation under Section 5709.04 of the Ohio Revised Code shall notify the Mayor before selling, offering for sale, or soliciting orders for future delivery of goods in the Village.  Each charitable solicitor shall be subject to those requirements shown in paragraphs (A), (B) and (C) of this section.

(E)       ISSUANCE OF PERMIT.      Upon receipt of the completed application form, color passport photos, and appropriate fees, and if the applicant has not been convicted in the preceding three years of a felony or a misdemeanor which involves a theft or drug offense as defined in the Ohio Revised Code, the Mayor, within 72 hours, shall issue a permit to the applicant.

700.04 PERMIT FEE AND PERIOD

The fee for the permit shall be $65.00.  This amount is in addition to the above referenced $10.00 refundable deposit.  The permit shall be valid for a period of 90 days.

700.05 EXEMPTIONS FROM PAYMENT OF PERMIT FEE

(A)       No fee shall be required for a permit for any organization recognized as a charity by the federal government and to which contributions are deductible for United States income taxation purposes.

(B)       No fee shall be required of any nonprofit or religious organization located in Miami Township for making a solicitation for charitable or religious purposes.

(C)       Where there is a drive for funds for any of the charitable organizations described in this section and there is more than one solicitor, only one permit shall be required by the person in charge of the fund drive within the municipality which shall list on the application all of the solicitors, giving the names and addresses of the persons who will be soliciting with the municipality.

(D)       Schools, churches, or charitable organizations located within Miami Township shall provide proper identification for their solicitors but shall not be required to list all names and addresses of solicitors.

700.06 HOURS OF SOLICITATION

Door to door solicitations shall only be made between 10:00 AM and 6:00 PM Monday through Sunday.  Solicitations from motor vehicles shall only be made between 10:00 AM and 9:00 PM, or dark whichever occurs first.

700.07 PROOF OF COMPLIANCE

Each permit holder shall carry on his person a copy of the permit, and shall prominently display the permit identification badge, at all times while selling on the street, or while traveling about for the purpose of selling or soliciting orders.  Individuals may not solicit as a team using another person’s permit.

701.02

90 DAY PUBLIC SOLICITATION PERMIT - VALID FOR ONE PERSON ONLY

Non-Transferable

NOTE: NO SALES MAY BE CONDUCTED ON

THE PUBLIC RIGHT-OF-WAY

NAME________________________________________ DATE OF BIRTH________________

HOME ADDRESS_________________________________ PHONE______________________

______________________________________________________________________________

LOCAL ADDRESS________________________________ PHONE______________________

(if applicable)

______________________________________________________________________________

SOCIAL SECURITY NO.____________ MALE_____ FEMALE_____ HEIGHT_____

WEIGHT_____

DRIVER’S LICENSE NO._______________ STATE__________ EXPIRES________________

REPRESENTING (COMPANY NAME) _____________________________________________

______________________________________________________________________________

STREET ADDRESS                                                                 CITY/STATE/ZIP CODE

______________________________________________________________________________

COMPANY PHONE NUMBER                                                SUPERVISOR’S NAME

DESCRIBE PRODUCT/SERVICE: _________________________________________________

DESCRIBE SALES PROCEDURE: ________________________________________________

(DOOR TO DOOR, PHONE, ETC.)

STATE LOCATION OF SALES: __________________________________________________

(IF SALES ARE TO BE MADE AT (A) FIXED LOCATION(S)

ESTIMATED LENGTH OF SALES ACTIVITY: ______________________________________

[This section for completion by Village]:

Permit issued on ______________________

                                                                                    ____________________________________

                                                                                    Mayor

____________________________________

 Deputy/Clerk

TITLE 8: TRAFFIC CODE

800.01 STATEMENT OF PURPOSE

All provisions of Titles 45 and 55 of the Ohio Revised Code are adopted as the Village of North Bend Motor Vehicle - Aeronautics - Water Craft - Traffic Code, with the additions and exceptions provided in this chapter.

800.02 PROHIBITION AGAINST SKATEBOARDS

(A)       No person shall ride any skateboard on the public streets or sidewalks of the Village of North Bend.

(B)       No person shall ride any skateboard at William Henry Harrison Memorial or any park grounds within the Village of North Bend unless otherwise designated as permitted.

Penalty:            See Section 800.99

800.03 EXCESSIVE ACCELERATION

It shall be unlawful to “race” or accelerate the motor of any motor vehicle while the vehicle is not in gear or in motion so as to cause unreasonably loud noise.  It shall be unlawful to “race” or accelerate excessively the motor of any motor vehicle while said vehicle is moving so as to cause unreasonably loud noise.

Penalty:            See Section 800.99

{C}800.04{C}USE OF ENGINE BRAKES PROHIBITED, added July 30, 2018.

{C}(A) {C}The non-emergency use of engine brakes within the municipality is prohibited.

{C}(B) {C}As used in this section, ENGINE BRAKES shall be defined to include but is not limited to Jake Brakes, Jacobs Brakes, C Brakes, PacBrakes, TekBrakes, and any other type of engine retarders commonly utilized within the trucking industry.

{C}(C) {C}This section does not apply to emergency vehicles operated by fire, police or military units.

{C}(D) {C}Whoever violates this section is guilty of a minor misdemeanor and subject to fines set forth in Section 800.99

{C}II.             That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance adding the above-referenced new littering Ordinances to the Village of North Bend Ordinances was taken in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action were taken in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code; and

{C}III.           The addition of Ordinance Sections 800.04 shall be published and shall now become part of the North Bend Revised Code of Ordinances accordingly.  The Clerk is hereby ordered and directed to cause this Ordinance to be published.

{C}IV.           This Ordinance adding the above-referenced new littering Ordinances to the Village of North Bend Ordinances is hereby declared to be an emergency measure needed to preserve and protect the public peace, health, the economic interests, and the safety and welfare of the residents of the Village for the aforementioned reasons.  The rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take immediate effect and be in full force and effect immediately after the date of its final passage and adoption.  That the Council by a majority vote hereby dispenses with the requirement that this Ordinance be read on two separate days and hereby authorizes the adoption of the Ordinance upon its first reading; and

{C}V.             That the Village by at least a three-fourths majority vote of its Council Members hereby dispenses with the requirement that this Ordinance be read on two separate days and hereby authorizes the adoption of the Ordinance upon its first reading.  That this Ordinance shall be effective at the earliest date allowed by law.

{C}VI.           That this Ordinance shall be effective at the earliest date allowed by law.

800.99 PENALTIES

Whoever violates a provision under Section 800.02 or 800.03 of this title shall be fined not more than $100.00 plus court costs.

(E)       No person shall transport junk, refuse, or garbage in any manner over and upon any street, alley, road, parkway, park drive, or public highway in such a manner that it is strewn upon and along such street, alley, road, or public highway.

(F)       Whoever violates this section is guilty of a misdemeanor of the third degree.

900.121 DISCARDING LITTER PROHIBITED (Added 02/27/17)

 (A)No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by the person, or in or on waters of the state, unless one of the following applies:

{C}(1)  {C}The person is directed to do so by a public official as part of a litter collection drive;

{C}(2)  {C}Except as provided in division (B) below, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or

(3)  {C}The person is issued a permit or license covering the litter pursuant to R. C. Chapter 3734 or 6111.

(B)No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by the person, unless one of the following applies:

{C}(1)  The litter was generated or located on the property on which the litter receptacle is located;

{C}(2)  The person is directed to do so by a public official as part of a litter collection drive;

{C}(3)  The person is directed to do so by a person whom the person reasonably believes to have the privilege to use the litter receptacle; or

{C}(4)  {C}The litter consists of any of the following:

{C}(a)   The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle;

{C}(b)  The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle;

{C}(c)   Beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle; or

{C}(d)  Beverage containers, food sacks, wrappings, containers, and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.

(C)  (1) As used in division (B)(1) above, PUBLIC PROPERTY includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.

      (2) As used in division (B)(4) above, CASUAL PASSERBY does not include a person whose primary reason for traveling to or by the property on which the litter receptacle is located is to deposit a large amount of litter in that litter receptacle.

(D)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            DEPOSIT. To throw, drop, discard, or place.

LITTER.  Includes garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper,  cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.                

LITTER RECEPTACLE.  A dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.

(E) This section may be enforced by any Sheriff, Deputy Sheriff, police officer of the municipality, police constable or officer of a township, or township or joint police district, wildlife officer, park officer, forest officer, preserve officer, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction. (R.C.  3767.32).

(F) Whoever violates ay provision of this section shall be guilty of a misdemeanor of the third degree.  The sentencing court may, in addition to or in lieu of the penalty provided in this division (F), require a person who violates this section to remove litter from any public or private property or in or on waters of the state.  (R.C.  3767.99).

900.122 DUMPING OF REFUSE IN MUNICIPALITY PROHIBITED (Added 2/27/17)

It shall be unlawful for any person to dump, cause to be dumped or permit to be dumped on

any publicly or privately-owned land or water in the municipality any paper, brush, rubbish, tin cans, vegetation, garbage, or refuse of any kind, without first having obtained a written license from the Mayor or other designated municipal officer to do so.  The Mayor or other designated municipal officer shall issue a license permitting dumping of designated materials when it appears that filling of the land is necessary and that the material deposited will be immediately covered with earth or will not be objectionable to the citizens of the neighborhood, or injurious to health, safety, and general welfare of the citizens.

Whoever violates any provision of this title shall be fined not more than $100.00.  Each day’s violation shall constitute a separate offense.  In the event of any such violations by a corporation, such violation shall equally be deemed committed by the president of such corporation, who shall in such event be deemed personally amenable to the provisions of this title, and subject to fine hereunder by reason of such violation.

900.13 NOXIOUS NOISE

(A)       No person shall erect, use, or maintain a premises which, by occasioning noxious noise or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public. 

(B)       Whoever violates this section is guilty of a misdemeanor of the third degree.

900.14 CONTAMINATION OF STREETS OR WATERWAYS

(A)       No person shall leave or deposit poison or a substance containing poison in a common, street, alley, lane, or thoroughfare, or a yard or enclosure occupied by another.

(B)       No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream, or waterway or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.

(C)       Whoever violates this section is guilty of a misdemeanor of the fourth degree.  If the offender has previously been convicted under this section, a violation of this section is a misdemeanor of the third degree.

900.15 PROHIBITION AGAINST OPERATION OF SWEEPSTAKES/INTERNET CAFES

(A)       Operation of a Sweepstakes/Internet Café or similar business in the Village of North Bend, Ohio is prohibited.

(B)       No license, permit or zoning certificate shall be issued to any Sweepstakes/Internet Café or similar business located or planning to locate within the Village municipal boundaries.

(C)       Any activity described in Sections 2915.01, 2915.02, 2915.03 and 2915.04 of the Ohio Revised Code in the Village of North Bend, Ohio is illegal and prohibited; and is subject to the penalties contained in those sections.

(D)       Any premises used or occupied in violation of this section constitute a public nuisance subject to abatement pursuant to the laws of the State of Ohio and pursuant to Title 1300 of the North Bend Revised Code of Ordinances.

TITLE 10:  PARADES

1000.01 PERMIT REQUIRED FOR PARADES

No person shall conduct or knowingly participate in any street assemblage, parade or procession, other than a funeral procession, upon any way unless a permit authorizing such parade has been issued by the Village and approved by the Mayor.

Penalty:           See section 1000.99

1000.02 BREAKING INTO PROCESSION

No operator of any vehicles shall drive between moving vehicles comprising a funeral or other authorized processions, but passage for cross traffic shall be provided through parades at intervals not exceeding 10 minutes.

Penalty:           See section 1000.99

1000.03 PARKING ON PARADE ROUTE

(A)       Council is authorized to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade or a procession.

(B)       No person shall park or leave unattended any vehicle in violation of such signs.

Penalty:           See section 1000.99

1000.02 DEMONSTRATIONS ON OR NEAR HIGHWAY

No person in or upon any sidewalk or in or upon any premises abutting thereon, shall sell or offer for sale goods, wares, or merchandise in consequence of which there is caused or created such a gathering of persons on such sidewalk as to interfere with pedestrian traffic thereon.

Penalty:           See section 1000.99

1000.99 PENALTY

Whoever violates any provision of Chapter 10 shall be fined not more than $100 plus court costs.

                                    TITLE 11: PARKING REGULATIONS

1100.01 CONTINUOUS PARKING IN SAME LOCATION

No person who is the owner, agent, operator, or other person in charge of any vehicle shall permit said vehicle to remain parked, standing, or abandoned upon any street or private parking lot without the lot owner’s consent, for a continuous period longer than 72 hours, including Sundays and holidays.  This section shall not be construed as affecting any other parking regulation now in effect or that may hereafter become effective but shall be construed as an additional parking limitation.  The purpose of this section is to prohibit continuous longtime parking and the storage of vehicles on the streets of the municipality or on private parking lots without the lot owner’s consent.

Penalty:           See section 1100.99

1100.02 STANDING OR PARKING FOR SALE, ADVERTISING OR WASHING

No person shall stand or park a vehicle upon any highway for the principal purpose of:

(A)       Displaying it for sale;

(B)       Advertising;

(C)       Washing, greasing or repairing such vehicle except repairs necessitated by emergency.

Penalty:           See section 1100.99

1100.03 NO PARKING ZONE ON THE THREE RIVERS PARKWAY

The following portions of Three Rivers Parkway are to be permanently designated as “NO PARKING ANY TIME” areas.  The section of Three Rivers Parkway being the north side thereof from the western property line of the residence located at 408 Three Rivers Parkway for a distance of two hundred and twenty  feet (220) west to the intersection of Three Rivers Parkway and Shady Lane and an additional area also being on the north side of said Three Rivers Parkway from the west corner of the intersection of the Three Rivers Parkway and Shady Lane west, a distance of two hundred and thirty (230) feet to the western boundary of the business located at 390 Three Rivers Parkway.  This section shall not apply to emergency vehicles.

Penalty:           See section 1100.99

1200.06 PERMIT TO BE PRODUCED UPON REQUEST

Every person claiming to have such a permit or consent from the Mayor shall produce and exhibit such permit or consent upon the request of any official or employee of the Village, and such official or employee shall have the right to examine same.

Penalty:           See section 1200.99

1200.07 ADHERENCE TO PARK SIGNS

All persons shall comply with the signs and markers installed by the Village of North Bend.

1200.08 GENERAL HOURS AND RESTRICTIONS ON USE

(Amended 5/23/11)

The use of park facilities located within the Village of North Bend is restricted to daylight hours.  No person shall be permitted to remain, stop, or park in any park facility between sunset and sunrise.  Persons under 18 years of age must be accompanied by an adult guardian or parent at all times; however this restriction does not apply to park areas having permanently installed playground equipment and other similar facilities such as paved skating areas, basketball and tennis courts, baseball and soccer fields.  The parents or legal guardians of minors found in violation of this Section shall be subject to the penalty imposed by Section 1200.99 of this title.

1200.09 CLEANUP AFTER PETS

No person shall fail or refuse to properly cleanup after their pet, through failure to properly collect and dispose of fecal wastes from pets.

1200.10 DISRUPTIVE BEHAVIOR AND EJECTION FROM PARK

(A)       Patrons engaged in disruptive, destructive or hazardous conduct may be warned and asked to stop such conduct immediately by any Village of North Bend official or officer of the Hamilton County Sheriff’s Department.  Under circumstances where a patron’s conduct is unlawful, or poses an imminent threat of injury or prevents the public enjoyment of the park, the Hamilton County Sheriff’s Department may eject such patrons by any reasonable means, including arrest.

            1)         Indecent Conduct and Exposure

No person shall commit, perform, or engage in any indecent, lewd, or obscene act or behavior or make any indecent exposure of his or her person in any Village park.

            2)         Solicitation

No person shall solicit or attempt to solicit another to commit, perform, or engage in any indecent, lewd or obscene act or behavior, while in any Village park.

            3)         Assault

No person shall engage in fight, or attempt to assault or commit bodily injury upon any other person within any Village park, or engage in aiding in any fight, quarrel or other disturbance.

            4)         Disturbing the Peace

                        a)         No person shall either by word or by act, including but not limited to the operation of a radio, TV, instrument or amplifying device, indulge in any noisy, boisterous, disorderly or indecent conduct, or in any manner disturb the peace and good order within any Village park.

                        b)         No person shall use any loud, abusive, threatening, insulting or indecent language or engage in any disorderly conduct or behavior intending to breach the public peace.

1200.11 LITTERING, DUMPING, TRASH

A)        No person shall bring into, leave behind, or dump any material of any kind in any park facility except the refuse or garbage resulting from normal use of a park.

B)        Any and all trash, refuse or garbage resulting from normal use shall be deposited in receptacles provided for such purposes.

C)        No bottles, cans, trash, refuse, or any other materials or substance shall be thrown in any stream, river, or any waterway located in any park facility.

1200.12 ALCOHOL AND/OR ILLEGAL DRUGS

A)        Alcoholic Beverages

            1)         No person shall have in his/her possession, nor shall any person consume (drink) any intoxicating liquor or alcoholic beverages within any park facility.

B)        No person shall sell or offer for sale any intoxicating liquor or alcoholic beverage in any park facility.

C)        Illegal Drugs

            1)         No person shall smoke, drink or otherwise consume, use or possess any narcotic drug, opiate, or hallucinogen, or any type of controlled substance or illegal drug within any park facility.

            2)         No person shall sell or offer for sale any controlled substance or other illegal drug within any park facility.

1200.13 WEAPONS AND FIREARMS

A)        Patrons shall not carry or possess weapons or firearms while in park facilities except as allowed by state and federal gun laws.

B)        No person shall have or carry any firearm, air gun, pellet or B.B. gun, bow, pistol, stun gun, switchblade, hunting knife, slingshot, metal knuckles, nunchukas and other martial arts weapons, or any potentially dangerous lethal instrument or weapon on or about his/her persons or under his/her control in any Village park.

1200.14 PLANT LIFE

All plant life within the boundaries of any park facility in the Village of North Bend is protected.  Patrons shall no willfully mutilate, destroy, thrash, or remove any live tree, shrub, vine, wildflower, grass, sedge, fern, moss lichen, fungus or any other members of the plant kingdom or portion thereof.  No person shall collect or harvest dead wood or plants, or portions thereof.

1200.15 NATURAL RESOURCES

All sites, objects, buildings, artifacts, implements, and locations of historical, archaeological, geological, scientific or educational interest of every character located in, on or under the surface of any park facility are protected.  No person may remove, excavate, take, dig into, or destroy any site, object, building, artifact, implement or location of archaeological, geological, scientific or historical interest.

1200.16 METAL DETECTORS

The use of metal detectors in Village parks is prohibited.

1200.17 PARKING (Amended 5/23/11)

A)        No person shall park a motor vehicle except in designated areas.

B)        No person shall drive, propel, or park any bicycle, motor vehicle, mini bike, motorcycle or other motorized vehicle on any unpaved portion of the parks.  Parking is permitted only in the designated parking areas.

1200.18 FIRES, SMOKING, FIREWOOD OR FIREWORKS

A)        No person may light, build, or maintain a fire in any park facility except in a facility or device provided, maintained or designated for such purposes, or as authorized by the Village of North Bend.

B)        Portable camp stoves or portable barbecue grills are prohibited.

C)        Campfires shall be allowed only in approved locations and under such conditions as may be prescribed by the Village of North Bend.  Campfires shall be attended at all times by an adult until fully extinguished.

D)        During periods of extreme fire hazard, the Village of North Bend may prohibit or restrict fires and smoking in designated areas.

E)        No person may cut, gather, or collect wood or other combustible material at any park facility except for material designated for this purpose by the Village of North Bend.

F)         The possession or use of any kind of firework, except by permit, is prohibited in all parks.

1200.19 CAMPING AND OVERNIGHT USE

A)        No person may camp at any park facility.  Camping is defined as:

            1)         Erecting a tent or arranging bedding, or both, for the purpose of, or in such a manner as will permit remaining overnight.

            2)         Use of a trailer, camper, or other vehicle for the purpose of sleeping overnight.

1200.20 ABANDONED OR UNATTENDED PROPERTY

A)        No person shall abandon a vehicle or other personal property at any park facility.  Abandoned property shall be removed, impounded, and sold in conformance to Village ordinances or state laws or as may be determined by the Village.

1200.21 COMMERCIAL ENTERPRISE PROHIBITED

A)        No person(s) or organization shall conduct, sponsor, or promote any meeting, concert, theater, athletic event, or other public activity in any park facility for the purpose of personal or commercial profit without prior approval from the Village of North Bend.

B)        No person or organization shall attempt to use any park facility for commercial enterprise without prior approval of the Village of North Bend.

C)        No person or organization shall attempt to charge any type of admission, entrance, or participation fee to an event or activity in any shelter or other park area without approval of the Village of North Bend.

The Mayor or person designated by the Mayor may after serving (personally or by registered mail) a 10 day notice to the owner, lessee, tenant, occupant, person or persons having care of or in control of the plot of ground on which the weeds or other grasses shall be growing, may order the cutting of the weeds and assess the costs thereof to the owner or person in control of the property.  If the owner or persons in control of the property fails or refuses to pay, after a demand has been made, the Clerk Treasurer shall certify the sum to the county auditor, to be collected as any other assessed taxes.

1300.05 ADDITIONAL NUISANCES

In addition to what are specifically declared in 1300.01 and 1300.02 to be public nuisances, those offenses which are known to the common law and the statutes of Ohio as public nuisances may be treated as such and be proceeded against as provided in this chapter; or in accordance with any other provisions of law.  Wherever the word "nuisance" is used in this chapter, it refers to a public nuisance.

1300.06 ABATEMENT

The Village may take any and all action authorized by the Ohio Revised Code to abate any public nuisance and prevent injury.

1300.07 NOTICE

When it is determined that a public nuisance should be abated, notice shall be served on the owner(s) of the property.  If said nuisance is not abated within the time stated, the nuisance may be abated by the Village and cost assessed to the owner.

1300.08 ILLEGAL DEPOSITING OF GARBAGE (Added 2/27/17)

No person shall throw, place, or deposit garbage in any street or other public place or on any public or private property, except in proper waste container, and no person shall remove the lid from any waste container without replacing it.  Penalty, see § 1300.99

1300.09 SCATTERING TRASH (Added 2/27/17)

No person shall throw or scatter any trash, refuse, or other waste or cause the same to be thrown or scattered in any street or other place.  Penalty, see § 1300.99

1300.99 PENALTIES

Whoever violates any provision of this title shall be fined not more than $50.00.  Each day’s violation shall constitute a separate offense.   In the event of any such violations by a corporation, such violation shall equally be deemed committed by the president of such corporation, who shall in such event be deemed personally amenable to the provisions of this title, and subject to fine hereunder by reason of such violation.

            8)         Operations involving refuse disposal, mining, quarrying, processing and stockpiling of soils or rock materials where controlled by other regulations, provided such operations do not cause instability of any adjacent or contiguous property.

            9)         Any other excavation or fill that does not exceed:

                        a)         5 feet in vertical depth; or one (1) cubic yard per each fourteen (14) square feet of work area; and

                        b)         is made within an area with a slope no steeper than five horizontal to one vertical (5:1); and

                        c)         does not result in a finished slope steeper than four horizontal to one vertical (4:1); and

                        d)         does not necessitate any adjustment, relocation, addition or other modification to any existing storm sewer system.

            10)       A permit shall be required where a succession of small excavations or fills, individually not requiring a permit, constitutes a continuing operation and the accumulation of such excavations or fills will exceed;

                        a)         an average 5 feet in vertical depth; or

                        b)         an average 350 cubic yards per each 5,000 square feet within the area of excavation.

            11)       A permit shall be required in all cases where grading is proposed on existing terrain showing visible evidence of active or dormant land sliding.

            12)       Any excavating or filling performed pursuant to the exemptions in Section 1400.03 (A) (1) through (9) hereof, which creates a hazard (as defined in Section 1400.02 (28) shall be pursued subject to the provisions of these regulations as they relate to the specific hazard.

1400.04 PERMIT LIMITATIONS

A)        Earthwork permits shall be valid for one year from the date of issuance.  However, two renewals, which shall be valid for one-year periods, may be granted upon written application made prior to the expiration of the permit.

B)        Work stopped or abandoned by the owner in an incomplete manner for a period of one (1) year after the renewal periods provided herein shall cause the permit to become invalid.  The Enforcing official shall require of the owner all necessary precautions to ensure that the incomplete work does not become a hazard or a nuisance.

1400.05 ISSUANCE OF BUILDING PERMIT

A)        No building permit shall be issued within the work area until the development Earthwork Regulation permit holder has complied with the applicable provisions of these regulations including Section 1400.11.  The Enforcing official shall send notice of such compliance as required in Section A4 of the Hamilton County Building Code. 

1400.06 PLANS AND SPECIFICATIONS

A)        The owner shall submit, with the application for permit, plans and specifications for the proposed work.

            1)         The plans and specifications shall be prepared by a registered professional Designer.  The basis for such plans shall be a field topographic survey by a registered surveyor.

The Designer is responsible for the compliance of the project with these regulations.  Documentation indicating compliance with all applicable sections of these regulations may be combined with other compliance documentation for other regulations, such as the building code, provided that the requirements of each regulation are met.

The development plan, as produced by a designer, shall be accepted as a professional document.  The responsibility for proper and correct designs and document preparation lies with the Designer.

The Designer is responsible for selecting and developing the appropriate earthwork principles, techniques, methods, operations and work sequences to meet the objectives, guidelines and requirements of these regulations as they apply to the project under consideration.

Responsibility for the content and accuracy of the documents, both preliminary and final, lies with the Designer, in accord with Chapter 4703 ORC and Section 4703-1-09 (D) and (E) (1) OAC for Architects and Chapter 4733 ORC and Section 4733-23-01 (A) and (C) OAC for Engineers and Surveyors.

            2)         The Designer, in developing the design and documents, shall take into consideration general guidelines and standards, including but not limited to:

                        a)         Identify, in the preliminary phase, on-site and off-site areas vulnerable to erosion and sediment damage.

                        b)         Show on preliminary engineering documents temporary and permanent methods, features and facilities to control runoff as required under existing regulation.

                        c)         At the commencement of earth movement, prepare and install erosion control measures and features, as indicated on the approved drawings, to prevent the effect of erosion on the project site and surrounding properties.

                        d)         Limit earth-disturbing operations to only those areas involved in the construction activities.

                        e)         Retain and utilize as much existing vegetation as possible to slow water runoff.

                        f)         Preservation of existing trees, shrubs and other plan life is strongly encouraged.

                        g)         Protect trees around the perimeter of the construction to prevent root, trunk and branch injury or dismemberment.

                        h)         The smallest practical area of land shall be exposed or denuded at any one time, consistent with the construction operation.

                        i)          Control runoff originating upgrade from the construction site to minimize flow over the construction site as required under existing regulation.

                        j)          The installation of the erosion and sediment control system shall be done progressively as the project is constructed.  Where slow growing or dormant seasons occur, utilize alternate or temporary solutions as required under existing regulations.

                        k)         Construct earth berm type siltration traps, with straw bales around the downhill slope perimeter of the project site as required under existing regulations.

                        l)          Contractor shall inspect all erosion control devices after every erodible rain and make necessary repairs or clean up material to maintain effectiveness of control devises within a reasonable period of time.

                        m)        Stabilization of graded areas shall be done as soon as possible after construction.  Temporary seeding and mulching shall be provided where and when stabilization is designated on the plan.

                        n)         Remove erosion control devices upon stabilization of all disturbed areas or upon completion of the project, whichever comes first.

                        o)         Methods of erosion, sediment and storm water runoff control, other than those required under existing regulation, will be considered on individual

                                    merit, but must be submitted for approval prior to use/installation.  The same holds true for revisions in the control plan, changes in the operations or construction or other unforeseen conditions.

                        p)         No required control shall be removed during the permit period without approval of the Designer and the Enforcing Official.

            3)         Review of the documents by the Enforcing Official shall utilize the same guides and standards, but shall be limited to ensuring compliance with these regulations, the reference standards and the procedures of the County.  Comments developed during the review will be limited to discrepancies, inaccuracies, lack of information, questions of scope, items of noncompliance, and the like; there will be no recalculation or redesign of any portion of the project by the reviewer. 

            4)         The Enforcing Official shall issue a permit for earthwork operations solely on the basis of those plans and specifications approved by the Enforcing Official.  The Enforcing Official shall be satisfied that the proposed excavation and/or fill or other operations will not cause a hazard, before a permit authorizing the excavation and/or fill shall be issued. 

            5)         The approved plan shall be enforced by the enforcing agency, and all work noted on said plan in the specifications or required to accomplish such plan/design shall be required and performed in accord with said approved plan.  All discrepancies shall be considered violations of these regulations and processed as such by the enforcing agency.

            6)         The plans and specifications submitted with the permit application shall contain:

                        a)         The Earthwork Regulation permit applicant’s name and address;

                        b)         A plan, drawn to scale, showing location and limits of the proposed work area(s), property lines, and all easements; with adequate details;

                        c)         Existing and proposed elevations of the work area by contours at five foot maximum intervals;

                        d)         Location and extent of visibly evident excavations or fills, slope instability, erosion and water seepage or wet conditions;

                        e)         The location of any existing and proposed streets;

                        f)         The location of any existing buildings or structures on and within 15 feet of the site;

                        g)         The location and depth of any existing drainage and sewer systems on or serving the site, and the location and approximate depth of all utilities and other buried facilities;

                        h)         Existing and proposed drainage structures, walls, cribbing and surface protection, and any necessary temporary earth-restraining or erosion and sediment control installation as required under existing regulations;

                        i)          Provisions for temporary and permanent drainage of the property, including any new or altered sewer systems;

                        j)          A description of the proposed temporary and/or permanent methods of the protection of the soils from erosion as required under existing regulation.

            7)         The plans and specifications may be required to contain additional information when requested by the Enforcing Official, including but not limited to:

                        a)         A report from a qualified Geotechnical Engineer showing the results of surface and subsurface exploration, conditions of the land procedures for performing the grading operations, maximum slope to satisfy stability, and other Geotechnical design requirements;

                        b)         All drainage provisions which shall be of such design to adequately accommodate the surface runoff, together with a map showing the drainage area of all land tributary to the sites and estimated runoff(cubic feet per second) of the area served by any drainage course computed according to current acceptable standards as required under existing storm system design regulation;

                        c)         A description of the borrow material, its source, the construction methods to be used and the specified minimum degree of compaction;

                        d)         The preparation of existing ground surface to receive fill;

                        e)         Subsurface drainage where necessary for stability;

                        f)         An estimated schedule indicating the anticipated starting and completion times of the development sequence, including clearing land grubbing, stripping, rough grading and construction, final grading and vegetative establishment, and maintenance, and the time of exposure of each area prior to the completion of approved erosion and sediment control measures.

            8)         For all proposed excavations, the owner is responsible for notifying the Ohio Utilities Protection Service (OUPS) of the location of the excavation site, per Section 3781.25 to 3781.32 of the ORC.

B)        Waiver or modifications can be made pursuant to Section 1400.07 hereof.

1400.07 WAIVER OR MODIFICATION OF SUBMISSION OF PLANS AND SPECIFICATIONS

A)        The Enforcing Official shall waive or modify the requirements of Sections 1400.06, 1400.08 and 1400.13 hereof if the application for a permit includes a written statement prepared by a qualified Geotechnical Engineer expressing the opinion that the proposed excavating or filling;

            1)         Will not cause a hazard; or

            2)         Is in an isolated, self-contained area and that there will be no adverse affect on adjacent public or private property.

1400.08 SETBACKS OF TOPS AND TOES OF SLOPES

A)        The design and placement of tops and toes of all slopes shall not cause any adverse affect on adjacent property.

B)        All excavation and fill work shall be designed to be totally contained on the property being developed unless included in an easement or agreement with an adjacent property owner.  The tops and toes of all slopes shall be set back from property boundaries or structures, as far as necessary for;

            1)         Stability of adjacent and contiguous property;

            2)         Adequacy of foundation support;

            3)         Protection of adjacent property against damage from runoff.

C)        The excavation and fill work shall be designed with proper regard for any existing or proposed buildings, and include a complete system for proper drainage of the site.  Such drainage system shall also be fully contained within the property being developed, except where runoff flows into sewers, drainage courses, or recorded drainage easements on adjacent property.

D)        The Enforcing Official reserves the right to require Geotechnical or other engineering date and designs, where the tops or toes of slopes and/or the drainage system creates or appears to create a severe hazard.

E)        Waivers or modifications shall be made pursuant to Section 1400.07 hereof.

1400.09 PROTECTION AND RELOCATION OF SANITARY SEWERS

A)        For the purpose of protecting the existing sanitary sewer system, in the work area, no permit shall be issued until the Enforcing Official receives approvals from the appropriate Department Head(s) for any necessary adjustment, relocation, addition or other modification to the existing sanitary sewer system.

B)        For the purpose of protecting the existing sanitary sewer systems, no permit shall be issued until the Enforcing Official receives approvals from the appropriate Department Head(s) for additional overburden loading.

1400.10 BOND

A)        In the event the development Earthwork Regulation permit holder elects to record the subdivision record plat prior to the completion of the work required under the plan and permit, a bond shall be required by the Enforcing Official.

B)        The bond shall be posted by the Earthwork Regulation permit holder, for the benefit of the Village, for the purpose of assuring that the work shall be completed in accordance with the approved plans and specifications of the permit.