Index-Village of North Bend Ordinances


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.

 

 

 

 






TITLE 3: PROPERTY MAINTENANCE CODE

(Amended 04/30/12)

 

SECTION 300

SCOPE

 

300.01 STANDARDS

 

The provisions of this title shall apply to all existing residential and nonresidential structures and premises (hereafter referred to as Property/Premises) and constitute minimum requirements and standards.

 

300.02 INTENT

 

Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.  Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Village of North Bend Zoning Regulations, the Village of North Bend Building Code and the Hamilton County Building Code.

 

300.03 SEVERABILITY

 

If a section, subsection, sentence, clause or phrase of this title is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this title.  Where in a specific case, different sections of this title specify different requirements, the most restrictive shall govern.

 

300.04 REFERENCED STANDARDS

 

Referenced Codes, standards and rules listed in Section 305.01 are part of this title to the prescribed extent of each such reference.  If differences exist between the provisions of this title and the references listed in Section 305.01, the provisions of this title to the extent permitted by law, shall apply.

 

SECTION 301

MAINTENANCE

 

301.01 RESPONSIBILITY

 

 

            A.        The owner of any premises in the Village of North Bend shall be responsible to maintain the structures and buildings on the owner’s premises in compliance with this title and shall not occupy or permit another person to occupy any premises which are not in a sanitary and safe condition and which do not comply with the requirements of this title.  Occupants of a

 

 

dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the premises which they occupy and control.  Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.

 

            B.        Title 1 of the North Bend Revised Code entitled Animals is hereby incorporated into this title and is enforceable by the Village Maintenance Code Enforcer (hereafter referred to as "MCE") and Village Rental Unit Inspector.

 

            C.        Title 13 of North Bend Revised Code entitled Nuisances; Abatement is hereby incorporated into this title and is enforceable by the MCE and Village Rental Unit Inspector.

 

301.02 SANITATION

 

All exterior property and premises shall be maintained in a clean, safe and sanitary condition.  The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

 

301.03 GRADING AND DRAINAGE

 

All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

 

301.04 SIDEWALKS AND DRIVEWAYS

 

All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

 

301.05 WEEDS (Amended 10/28/13)

 

A.        Except for properties exempted by paragraph C of this section, all premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches.  All noxious weeds shall be prohibited.  Weeds shall be defined as all grasses and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens.

 

B.        Owners or agents having charge of property who fail to cut and destroy weeds after service of a Notice of Violation, shall be subject to the filing of a Civil Citation in accordance with the provisions of this code.  Nothing in this section shall prevent the Village from utilizing the nuisance provisions pertaining to noxious weeds outlined in the Ohio Revised Code and in Sections 1300.02 through Section 1300.04 Village of North Bend Revised Code as an alternative to, or in conjunction with, the enforcement provisions outlined in this title.

 

 

C.        The following are exempted from the requirements of paragraph A:

 

            (1)       Undeveloped commercial parcels of land (land on which there are no buildings) in non-residential zoning districts which do not abut a public roadway or any developed residential parcels of land.  The term "parcels of land" shall mean land which has been assigned an individual parcel number by the Hamilton County Auditor.

 

            (2)       Properties granted written exemption by the MCE, with the consent of the Village Council, by reason of erosion control, lack of adverse effect on adjacent properties or safety concerns in requiring mowing in areas having a slope ration of more than 3:1.

 

            (3)       Properties granted written exemption as a result of the owner’s successful appeal to the Village Council for an exemption.  Any exemption so granted by Council must be based on the criteria listed in paragraph (2) of this section.

 

301.06 EXTERMINATION OF RODENTS & INSECTS

 

All premises shall be kept free from rodent and insect infestation.  Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health.  After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

 

301.07 EXHAUST VENTS

 

Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

 

301.08 ACCESSORY STRUCTURES, STAIRWAYS, DECKS, PORCHES AND BALCONIES

 

All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

 

Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed load.  The foregoing areas of every exterior stairway, deck, porch, balcony, and all appurtenances attached thereto, shall be kept clear of hazards and debris and shall not be used as a storage area.

 

 

 

 

 

301.09 INSECT SCREENS

 

During the period from March 1 through November 30, every door, window, and other outside openings required for ventilation of habitable rooms, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

 

301.10 HEAT SUPPLY

 

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 30 to maintain a temperature of not less than 68ĚŠ (20ĚŠC) in all habitable rooms, bathrooms, and toilet rooms.

 

301.11 INOPERABLE MOTOR VEHICLES

 

A vehicle which cannot be driven upon the public streets for reasons, including but not limited to, it being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power, shall not be parked, kept or stored on any premises.  No vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.  Painting of vehicles is prohibited unless conducted inside an approved spray booth.

 

Exception:      A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

 

301.12 DEFACEMENT OF PROPERTY

 

No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.  It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

 

SECTION 302

SWIMMING POOLS

 

302.01 CONDITION

 

Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

 

302.02 ENCLOSURES

 

 

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.






SECTION 303

STRUCTURES

 

303.01 EXTERIORS

 

The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

 

303.02 PREMISES IDENTIFICATION

 

Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property.

 

 

303.03 STRUCTURAL MEMBERS

 

All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed loads.

 

303.04 UNSAFE STRUCTURES AND EQUIPMENT

 

When a structure or equipment is found by the MCE to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

 

            A.        Unsafe structures.     An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

 

            B.        Unsafe equipment.    Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

 

 

            C.        Structure unfit for human occupancy.       A structure is unfit for human occupancy whenever the MCE finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

 

            D.        Unlawful structure.  An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

 

            E.        Dangerous structure or premises.   For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

 

                        1)         Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

 

                        2)         The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

                        3)         Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

 

                        4)         Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

 

                        5)         The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

 

                        6)         The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

 

                        7)         The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

 

                        8)         Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

 

                        9)         A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the MCE to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

 

                        10)       Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the MCE to be a threat to life or health.

 

                        11)       Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

 

            F.         Closing of vacant structures.           If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the MCE is authorized to post a placard of condemnation on the premises and order the structure closed up so as not be an attractive nuisance.  Upon failure of the owner to close up the premises within the time specified in the order, the MCE shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

 

            G.        Authority to disconnect service utilities.    The MCE shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval.  The MCE shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action.  If not notified prior to disconnection the

 

owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

 

            H.        Notice.     Whenever the MCE has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 307.3.  If the notice pertains to equipment, it shall also be placed on the condemned equipment.  The notice shall be in the form prescribed in Section 307.02.

 

            I.          Placarding.    Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the MCE shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

 

            J.         Prohibited occupancy.   Any occupied structure condemned and placarded by the MCE shall be vacated as ordered by the MCE.  Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

 

            K.        Abatement methods.   The owner, operator or occupant of a building, premises or equipment deemed unsafe by the MCE shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

 

            L.        Record.    The MCE shall cause a report to be filed on an unsafe condition.  The report shall state the occupancy of the structure or the nature of the unsafe condition.

 

303.05 EMERGENCY MEASURES

 

            A.        Imminent danger.     When, in the opinion of the MCE, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the MCE is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.  The MCE shall cause to be posted at each entrance to such structure a notice reading as follows: “This structure is Unsafe and Its Occupancy Has Been Prohibited by the MCE.”  It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

 

 

 

            B.        Temporary safeguards.        Notwithstanding other provisions of this code, whenever, in the opinion of the MCE, there is imminent danger due to an unsafe condition, the MCE shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the MCE deems necessary to meet such emergency.

 

            C.        Closing streets.          When necessary for public safety, the MCE shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

 

            D.        Emergency repairs.  For the purposes of this section, the MCE shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

 

            E.        Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction.  The Law Director shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

 

            F.         Hearing.         Any person ordered to take emergency measures shall comply with such order forthwith.  Any affected person shall thereafter, upon petition directed to the Village Council, be afforded a hearing as described in this code.

 

303.06 DEMOLITION

 

The MCE shall order the owner of any premises upon which is located any structure, which in the MCE judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the MCE shall order the owner to demolish and remove such structure, or board up until future repair.  Boarding the building up for future repair shall not extend beyond one year, unless approved by the MCE.

 

            A.        Notices and orders.   All notices and orders shall comply with Section 307.06.

 

            B.        Failure to comply.     If the owner of a premises fails to comply with a demolition order within the time prescribed, the MCE shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

 

 

            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.

 






SECTION 304

RUBBISH & WASTE CONTROL

 

304.01 ACCUMULATION OF RUBBISH OR GARBAGE

 

All exterior property and premises, and the interior of every structure, carport, deck, and patio shall be free from any accumulation of rubbish, garbage or waste.

 

 

304.02 DISPOSAL OF RUBBISH  (Amended 8/30/2021)

 

Every occupant of a structure or premises shall dispose of all rubbish, garbage or waste in a clean and sanitary manner by placing such rubbish, garbage or waste in approved containers and arranging for its removal from the premises within a reasonable time, but in any case, no longer than one week.

 

That all garbage and other waste set out for collection will be in plastic bags and/or metal and/or plastic containers so covered so as to prevent access to the contents by dogs, rodents or other animals with the lone exception to this rule being use of open-top recycling bins/tubs utilized for purposes of recycling within the Village.

 

That all grass clippings, leaves and other yard trimmings shall be set out for collection will be in plastic bags and/or metal and/or plastic containers and brush shall be tied in small bundles, not to exceed four feet in length.

 

Newspapers and magazines shall be placed at the curb or right-of-way and tied in small bundles.  Whole waste tires will not be accepted with regular trash pick-up.

 

304.03 RUBBISH AND GARBAGE CONTAINERS  (Amended 8/30/2021)

 

The owner of every occupied premises shall supply approved covered containers for disposal of garbage and rubbish; and the owner of the premises shall be responsible for the removal of rubbish and garbage in a timely manner.  Under no circumstances will wooden, paper or other type boxes be used for the disposal of any garbage or refuse.  Additionally, oil drums, barrels and other large containers will not be acceptable as refuse containers or removed as trash.

 

Containers for waste shall be of galvanized iron, heavy plastic or other non-rusting material, of substantial construction, with tight fitting lids, watertight, of such size to be easily handled by one man, and not in any case to have a capacity in excess of 30 gallons and not to exceed 75 pounds in weight.

 

No owner or occupant of any property shall place any waste containers, trash carts and/or garbage cans and/or recyclable material within a public or private right of way prior to 6:00pm on the day before the scheduled Village trash collection day.

 

No owner or occupant of any property shall fail to remove any and all empty waste containers, empty trash carts and/or empty garbage cans and/or empty recyclable material containers from within a public or private right of way prior to 6:00pm on the night of a scheduled Village trash collection day.

 

Except for employees of the Village acting in the course and scope of their employment, no person shall place any waste, garbage, container of garbage, any container used for the disposal of disposal of garbage or container used for recyclable materials within a public or private right of way and/or on any public or private property within the Village, unless that person is either an owner or an occupant of the property on which the container is placed.

 

304.04 REFRIGERATORS

 

Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

 

304.05 DISPOSAL OF GARBAGE

 

Every occupant of a structure or premises shall dispose of garbage, waste and rubbish in a clean and sanitary manner by placing it in an approved garbage disposal facility or approved garbage containers.

 

 

Any person owning, in possession of, or in control of such structure on premises shall remove all matter described in this section within 3 days after written notification has been made by the MCE or Rental Unit Inspector or designated assistant.  The notice required hereunder shall be deemed complete upon delivery:

 

1)         To the owner or person in possession or control personally.

 

2)         To the owner by mail addressed to him at his last known address.

 

3)         To any tenant when the address of the owner is unknown.

 

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

 

5)         Upon the failure of any such person to comply with the order of the MCE, the municipality shall, have the right to go upon the property of such person and remove all matter the subject of such order; and in such event such person shall pay to the municipality, within 10 days after receipt of notice of amount thereof, its costs of such removal and shall remain nonetheless amenable to fine and assessment for noncompliance with this section.

 

(Penalty see 307.17)

 

304.06 CONTAINERS

 

The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

 

SECTION 305

REFERENCED STANDARDS

 

305.01

 

This section lists the codes and standards which are referenced in various sections of this title.

______________________________________________________________________________

 

Title                                                                                                                Referenced in code

                                                                                                                        section number

______________________________________________________________________________

Village of North Bend Revised Code, Title 13                                  301.01

 

 

 

 

Village of North Bend Revised Code, Title 1                                    301.01

 

Village of North Bend Zoning Regulations                                                   300.02

 

Village of North Bend Building Code                                                300.02

 

Hamilton County Building Code                                                                    300.02

 

Ohio Revised Code                                                                                         301.05

 

Ohio Rules of Civil & Appellate Procedure                                                   307.07; 307.14;

                                                                                                                        307.16; 308.03

 

 

 

SECTION 306

ENFORCEMENT

 

306.01 POLICY-MAKING AUTHORITY

 

The North Bend Property Maintenance Code Enforcer, hereafter referred to as "MCE", and the inspectors assigned by him shall enforce the provisions of this code.  The MCE shall have authority to adopt and promulgate policies necessary to the enforcement of this code and to appoint inspection agencies and inspectors with the advice and consent of the Council of the Village of North Bend, Ohio.  The MCE shall have authority to interpret this code.

 

306.02 INSPECTION

 

The MCE shall cause all of the required inspections to be made and shall accept reports of inspection by approved agencies or individuals.  All reports of any inspections shall be in writing.

 

306.03 RIGHT OF ENTRY

 

Upon receipt of a written complaint from a resident of the Village or upon application by a property owner for a Rental Permit pursuant to Title 16 of the North Bend Code or Ordinances, the MCE and the inspectors, with the consent of the owner, occupant, apparent owner, tenant or where otherwise permitted by law, are authorized to enter the structure or premises at reasonable times for inspection purposes.

 

306.04 IDENTIFICATION

 

The MCE and inspectors shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

 

 

 

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.






SECTION 307

VIOLATIONS & NOTICES

 

307.01 UNLAWFUL ACTS

 

It shall be unlawful for an owner of any property interest located within the Village of North Bend (hereafter referred to as “Owner”) to be in conflict with or in violation of any of the provisions of this code.

 

307.02 RECEIPT OF COMPLAINT AND NOTICE OF VIOLATION

 

If, after receipt of a written complaint conforming in substance to the form set forth in Section 308.01 of this code from a resident of the Village or if the MCE determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, notice conforming in substance to the form set forth in Section 308.02 of this code shall be given in accordance with all of the following:

 

 

                        a)         The Notice must be in writing on a form specifically designated as Notice of Violation;

 

                        b)         The Notice shall be sent to the Owner listed by the Hamilton County Auditor’s Office as owner of the property at issue;

 

                        c)         The Notice must include a description of the property at issue which description is sufficient for identification purposes;

 

                        d)         The Notice must include a statement of the violation or violations determined to exist on the property with specific references to the sections of this code which are alleged to have been violated;

 

                        e)         The Notice must include a description of the corrective action which must be taken to bring the property into compliance with the provisions of this code; and

 

 

                        f)         The Notice must include a deadline by which time the Owner shall be required to take the necessary corrective action required to bring the property into compliance with the provisions of this code.

 

307.03 METHOD OF SERVICE    

 

The Notice of Violation shall be deemed to be properly served if a copy thereof is:

 

 

                        a)         Delivered personally either by the MCE, 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 first-class mail addressed 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 first-class mail addressed to the owner of the property at issue at the owner’s last known address; or

 

                        e)         In the event of failure of service by methods described in a), b), c) and d), 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.

 

307.04 EXTENSION OF COMPLIANCE DEADLINE  

 

For good cause shown, the MCE may, at his/her sole discretion, extend the deadline previously stated in the Notice of Violation for corrective action to bring a property into compliance.

 

307.05 CIVIL CITATION ISSUED           

 

If an Owner to whom a Notice of Violation has been sent does not bring the property at issue into compliance with the provisions of this code by the deadline established in the Notice of Violation or by the granted deadline extension, such person shall be issued a Civil Citation (hereinafter referred to as “Citation” or “Civil Citation”).

 

 

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.

 

 






SECTION 308

FORMS

 

308.01 - CITIZEN’S COMPLAINT AS TO UNSANITARY/UNSAFE CONDITION

 

TO:        CODE ENFORCEMENT OFFICIAL - VILLAGE OF NORTH BEND

              21 Taylor Avenue

              North Bend, OH 45052

 

RE:        Property at:          _______________________________

 

OWNER OR OCCUPANT’S NAME: __________________________________________

 

STATEMENT OF COMPLAINT:  

 

The undersigned resides in the Village of North Bend at _______________________________.

                                                                                                                       (Address)

The occupant/owner of the property at ___________________________ is:

 

              â–ˇ            Keeping a dog or dogs at the above property causing a nuisance, annoyance or disturbance by loud, frequent, or habitual howling, yelping, barking or other noises (Section 100.03 NBRC)

 

              â–ˇ            Keeping more than 2 dogs and 2 cats or a total combination exceeding 4 dogs/cats at the above property (Section 100.09 NBRC)

 

              â–ˇ            Keeping dogs/cats in unsanitary conditions at the above property causing offensive and unwholesome odors (Section 100.07 NBRC)

 

              â–ˇ            Failing to keep dog leashed, fenced, electronically controlled or otherwise secured (Section 100.06 NBRC)

 

              â–ˇ            Keeping a vicious animal at the above property (Section 100.04 NBRC)

 

              â–ˇ            Failing to maintain the property in a clean, sanitary and safe condition in violation of Section 301.01, specifically:

 

                             â–ˇ            Section 301.02 - Sanitation

                             â–ˇ            Section 301.03 - Grading

                             â–ˇ            Section 301.04 - Sidewalks and driveways

                             â–ˇ            Section 301.05 - Weeds, grass and plant growth         

                             â–ˇ            Section 301.06 - Rodents and insects

                             â–ˇ            Section 301.09 - Inoperable motor vehicles

                             â–ˇ            Section 302 - Swimming pools

                             â–ˇ            Section 304 - rubbish and waste control

                             â–ˇ            Other ______________________________________________________             

 

                                                                                                    ____________________________________

                                                                                                     (Signature)

 

                                                                                                    ____________________________________

                                                                                                    (Printed Name)    DATE

 

 

308.02 - NOTICE OF VIOLATION

 

(Pursuant to Section 307.02, Village of North Bend Revised Code of Ordinances)

 

TO:      _______________________________, Owner/Occupant

 

            _______________________________

            (Mailing Address)

 

RE:      Property at:     _______________________________

 

                                    _______________________________

 

PROPERTY DESCRIPTION: ________________________________________________

                                                            (Residential, Commercial, Vacant Land, Apartment Bldg.)

 

STATEMENT OF VIOLATION: ________________________________________________

(With code references)

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

CORRECTIVE ACTION TO BE TAKEN: __________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

______________________________________________________________________________

 

DEADLINE FOR COMPLETION OF CORRECTIVE ACTION: ________________________

 

                                                                                    ____________________________________

                                                                                    Maintenance Code Enforcer DATE

 

 

 

 

 

CERTIFICATE OF SERVICE

 

            I certify that this Notice of Violation was served upon ____________________________

                                                                                                   (Owner)

by (certified mail, first class mail, hand delivery, posting at the subject property) on 

 

_______________________, 20___.  (Posting should be used only after other methods of service

 

have failed.)

 

 

                                                                                    ____________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

308.03 - CIVIL CITATION (Amended 2/29/16)

 

 

TO:      _______________________________, Owner

 

            _______________________________

            (Mailing Address)

 

RE:      Property at:     _______________________________

 

                                    _______________________________

 

PROPERTY DESCRIPTION: ________________________________________________

                                                            (Residential, Commercial, Vacant Land, Apartment Bldg.)

 

STATEMENT OF VIOLATION:      You are hereby advised that by inspection of your property at ___________________________ on _______________, 20_____ at __________ PM/AM, you were found to be in violation of Section __________ of the Village of North Bend Property Maintenance Code for ___________________________________________________________;

                                    (specific nature of violation)

that notice of the violation was served upon you on ____________________; that the deadline given to you in that notice (copy attached) has passed and that you have failed to complete the required corrective action.  IF YOU AS AN OWNER HAVE BEEN SERVED AND DETERMINED TO HAVE VIOLATED THE SAME ABOVE-REFERENCED CITED SECTION OF THE VILLAGE OF NORTH BEND PROPERTY MAINTENANCE CODE WITHIN THE PREVIOUS TWELVE (12) MONTHS, THEN THE PENALTIES REFERENCED IN § 307.17 BEGIN TO IMMEDIATELY ACCRUE UPON SERVICE OF THIS 2ND CITATION.

 

            In accordance with Sections 307.05 and 307.17 of the Village Property Maintenance Code, you are hereby advised and charged with the following penalties unless you file a written Answer within fourteen (14) days of service of this citation assuming you as an owner have not violated the same-referenced cited section of the Village of North Bend Property Maintenance Code within the previous twelve (12) months:

 

 

{C}A.                               For each day subsequent the expiration of fourteen (14) days after service of this citation that you fail to complete the required corrective action, you are charged the following fines which are cumulative:

 

 

                        $   100.00        for the first day

                        $   250.00        for the second day

                        $   500.00        for the third day and each subsequent day

 

IF YOU AS AN OWNER HAVE BEEN SERVED AND DETERMINED TO HAVE VIOLATED THE SAME ABOVE-REFERENCED CITED SECTION OF THE VILLAGE OF NORTH BEND PROPERTY MAINTENANCE CODE

WITHIN THE PREVIOUS TWELVE (12) MONTHS, THEN THE PENALTIES REFERENCED IN § 307.17 BEGIN TO IMMEDIATELY ACCRUE UPON SERVICE OF THIS 2ND CITATION.

           

B.        The Village will pursue collection of all amounts owed via all available legal means including, but not limited to, certifying amounts owed to the Hamilton County Auditor’s Office and obtaining assessments that are added to the real estate tax bill as a lien against the subject property.

 

C.        Building Orders may be issued and posted.

 

 

D.        Occupancy and use of the premises may be prohibited.

 

            In order to avoid assessment of a fine, your written Answer to this citation must be filed       with the Office of the Clerk of the Village of North Bend, 21 Taylor Avenue, North      Bend, OH 45052.  Your Answer may be delivered in person or by mail to the Village             Clerk’s Office.  IF YOU AS AN OWNER HAVE BEEN SERVED AND           DETERMINED TO HAVE BEEN SERVED AND DETERMINED TO HAVE     VIOLATED THE SAME ABOVE-REFERENCED CITED SECTION OF THE             VILLAGE OF NORTH BEND PROPERTY MAINTENANCE CODE WITHIN THE     PREVIOUS TWELVE (12) MONTHS, THEN IN ORDER TO AVOID ASSESSMENT             OF THE FINES AND PENALITES REFERENCED IN § 307.17, YOU MUST FILE    A WRITTEN REQUEST WITH THE VILLAGE CLERK WITHIN SEVEN DAYS           FROM THE DATE OF SERVICE OF THIS CITATION FOR A HEARING TO             OCCUR BEFORE THE VILLAGE COUNCIL AT THE NEXT REGULARLY             SCHEDULED COUNCIL MEETING NOT LESS THAN TEN DAYS FROM THE           DATE OF SERVICE OF THIS CITATION.  The Village Clerk’s Office is located at        21 Taylor Avenue, North Bend, OH 45052.

 

            If this is an owner’s first notice of violation as to this particular section within the past twelve months, your Answer may be made in the following manners:

 

 

 

{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.

 

(B)       Secondary streets shall be constructed with the same construction specifications as primary streets as set forth in 401.08 of thi




400.14 CONSTRUCTION SPECIFICATIONS: CONDEMNATION

 

(A)       Construction.  All sidewalks constructed in the municipality in any public sidewalk or public street in the municipality shall comply with standards set within.

Penalty:           see Section 400.99

 

                        (1)       Sidewalks installed pursuant to this section shall be 4 feet wide and 5 inches thick, except as driveways where 7 inches thickness shall be required, and shall be constructed with class “C” concrete.  One-half inch non-extruding expansion joints shall connect to the adjacent pavement, curb, or intersection walk, with one-half inch expansion joint between the walk and adjacent pavement, curb, or walk, and shall be level with the same.

 

                        (2)       Sidewalks installed pursuant to this section shall be constructed in accordance with the lines and grades directed or stated by the authorized employees or agents.  Work shall be completed to the satisfaction of the authorized employees or agents who shall determine the quality, acceptability, and fitness of all work and materials used or to be used.

 

                        (3)       The general contractor shall protect all affected electrical cable or conduit and shall notify the utility companies at least 48 hours before pouring concrete for any sidewalk.

 

                        (4)       The general contractor shall keep all work done by him in good condition and repair for one year from the date of final inspection and approval by the authorized employees or agents and shall, during said period, replace with new concrete any portion of pavement that becomes defective by cracking, breaking, or settlement.

 

                        (5)       During the progress of sidewalk construction the general contractor shall assume the risk of and be responsible for any and all damages to persons or property caused or resulting from performance of the work or the work itself.

 

                        (6)       If a sidewalk is to be constructed in any part upon fill, the contractor shall place such fill in 4-inch layers and thoroughly tamp each layer prior to the pouring of concrete.

 

                        (7)       Excavation for a sidewalk shall be made to a depth of 5 inches below the finished grade and to a width of the proposed walk.  Tree roots shall be cut off at least 3 inches outside the lines of the proposed walk and 3 inches below the sub-grade.  Tree stumps shall be grubbed out one foot below

                                    grade.  Springs encountered in the proposed sidewalk shall be drained.  Sub-grade shall be evenly graded and thoroughly compacted by roller or heavy tamping prior to the pouring of concrete.

 

                        (8)       Concrete shall be of plastic consistency and shall be placed on the prepared sub-grade in one operation.  It shall be struck off, straightened, and hand floated until all course aggregate is covered.  Edges shall be tooled until firm and smooth and the surface shall be marked in blocks with a Joiner in rectangular dimensions of not less than 2 or more than 5 feet.  Margins of each block shall be tooled to a smooth, dense finish.

 

                        (9)       Sidewalks shall be blocked out in one-foot squares around signposts.

 

                        (10)     Expansion joints of performed material ˝ inch thick and 5 inches wide shall be provided at intervals not exceeding 30 feet and between sidewalks and adjoining curbs, walks, driveways, entrance walks, fire hydrants, sign poles, cellar holes, inlets, etc.  The breaking or displacement of curbs or the buckling of walks due to improper installation of such joints shall be removed by the contractor at his own expense.

 

                        (11)     The contractor shall be responsible for the proper curing of the concrete, the sealing and membrane the removal of forms and for the protection of the membrane from persons and equipment for a 72 hour curing period.  Lawns adjoining the walk shall be neatly dressed to conform to the grade of the walk.

 

                        (12)     No concrete shall be poured when the temperature is below 40 degrees F or is predicted to go below 32 degrees F in the next 24 hours or is predicted to go below 32 degrees in the next 72 hours.  No concrete shall be poured if the temperature for the preceding 12 hours is 32 degrees F, unless permission is granted by the Authorized employees or agents.

 

                        (13)     Reinforced concrete walks shall be constructed according to approved plans and shall carry a live load of 250 pounds per square foot or an 8,000 pound concentrated load, whichever produces the greater stress.  Reinforced walks shall not be cut into blocks.

 

(B)       Condemnation.  The following sidewalks, or parts of sidewalks, now or hereafter existing shall be condemned:

 

                        (1)       Any block or segment having a crack in it more than 5/8 of an inch wide at the surface.

 

 

 

                        (2)       Adjoining blocks or portions thereof whose adjacent edges differ in vertical elevation by more than 5/8 of an inch.

 

                        (3)       Blocks that have holes in them 5/8 of an inch or more in diameter or that are broken so that substantial fragments are missing or loose.

 

                        (4)       Blocks having depressions such as to impound mud or water.

 

                        (5)       Blocks having a slope away from the street in excess of 3/4 of an inch vertical per one foot horizontal.

 

                        (6)       Blocks that cause an abrupt change in the longitudinal grade of sidewalk.

 

                        (7)       Blocks that are very rough, with the course aggregate protruding, by reason of raveling or spalling.

Penalty:           See section 400.99

 

400.15 PUBLIC SIDEWALK MAINTENANCE

 

(A)       No person shall obstruct any public sidewalk by erecting or placing there any fence, structure, sign, or other obstruction, nor permit the same to remain thereon.

 

(B)       No person shall encumber any street or public sidewalk space with goods, wares, merchandise, or other materials.  This section shall not apply to the continued use of existing market stands on the effective date of this section, or to the temporary use of streets and public sidewalks for lawful construction projects, or to the use of sidewalks for shows or fairs authorized by the directors of safety and service, or to the use of public sidewalks for the placement of waste collection containers on the evening prior to or on the day of waste collection.

 

(C)       The owner of property immediately adjacent to a public sidewalk shall remove all debris, garbage, refuse, and obstruction therefrom within a reasonable period of time after written notification to such effect has been made by the Street Commissioner.  The notice required hereunder shall be deemed complete upon delivery:

 

                        (1)       To the owner personally;

 

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

 

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

 

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

Penalty:           See section 400.99

 

 

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.

 

 






700.08 REVOCATION OF PERMIT

 

(A)       A permit shall be revoked by the Mayor or by the Hamilton County Sheriff’s Department for any of the following causes:

 

                        (1)       Fraud misrepresentation, or false statement contained in the application for registration.

 

                        (2)       Fraud, misrepresentation, or false statement committed in the course of carrying on his business as a solicitor.

 

                        (3)       Any violation of this Ordinance.

 

                        (4)       Conviction of any crime or misdemeanor involving moral turpitude of a manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

 

(B)       The Mayor or Hamilton County Sheriff’s deputy shall revoke a permit by so advising the permit holder in person or by written notice of such revocation mailed to the permit holder at the local address specified in the application for a permit.  In such circumstances the permit holder may appeal the revocation upon written request, filed with the Village Clerk within 24 hours of receiving the notice of revocation, which appeal shall be placed upon the agenda for the next regularly scheduled council meeting following receipt of the appeal.

 

700.09 PENALTY

 

Whoever violates any provision of this Ordinance shall be fined an amount not exceeding $100.00.  Each day’s violation shall constitute a separate offense.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

701.01 FORM FOR APPLICATION FOR PUBLIC SOLICITATION PERMIT

 

STATEMENT AND WAIVER

 

Have you ever been convicted of a felony or a misdemeanor? Yes_______ No _______

 

If YES:            Describe type of charges/locations/dates _________________________________

 

______________________________________________________________________________

 

I hereby agree and give permission to the Hamilton County Sheriff’s Office to conduct a record search.

 

I hereby agree to furnish valid identification from my state of residency.

 

The undersigned hereby voluntarily assumes all risks of accidents, injury, and of damage to his/her person and property and hereby releases and discharges the Village of North Bend, Ohio ITS EMPLOYEES AND AGENTS from every claim, liability or demand of any kind.

 

I swear, under penalty of law, that all statements are true.  I understand that this permit may be revoked for violations according to Section 700.08 of this title.

 

$65.00 Fee Paid Receipt Number: __________ Expiration Date: __________________________

                                                                                                        (Permit Expires in 90 days)

 

Photo Rec’d _______$10.00 I.D. Deposit Rec’d _______ $10.00 I.D. Deposit Returned _______

 

Applicant must complete Permit Form.

 

 

 

Signed: ____________________________________Date:_______________________________

            (Applicant)

 

REVIEWED BY: ___________________________ Date:_______________________________

                              (Village Mayor or Clerk)

 

 

 

 

 

 

 

 

 

 

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.






TITLE 9: CRIMINAL CODE

 

900.01 TITLE 29, OHIO REVISED CODE ADOPTED

 

All provisions of Title 29 of the Ohio Revised Code are hereby adopted as the Village of North Bend Criminal Code with the additions and exceptions provided in this chapter.

 

900.02 PROHIBITION AGAINST SMOKING IN BUILDINGS OWNED BY THE VILLAGE OF NORTH BEND

 

(A)       No person shall knowingly use, carry or smoke a lighted cigarette, cigar, pipe or other device which burns tobacco or any other substance giving off smoke and/or odors which are deemed harmful by the Surgeon General of the United States Environmental Protection Agency, within any building in the Village which is owned by the Village of North Bend, Ohio.

 

(B)       Whoever violates this section is subject to immediate expulsion from the building and if said person refuses to leave the building then said person is subject to a fine not to exceed $100.00 plus court costs.

 

900.03 DESECRATION

 

(A)       No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following:

 

                        (1)       Any public monument;

 

                        (2)       Any historical or commemorative marker, or any structure, Indian mound or earthwork, thing, or site of great historical or archaeological interest;

 

                        (3)       A place of worship or its furnishings;

 

                        (4)       A place of burial or a burial marker;

 

                        (5)       A work of art or museum piece;

 

                        (6)       Any other object or reverence or sacred devotion.

 

(B)       Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.

 

 

 

 

900.04 PROHIBITION AGAINST UNAUTHORIZED USE OF VILLAGE PERSONNEL AND PROPERTY

 

The unauthorized use of Village North Bend employees, offices, property and equipment for any purpose other than to serve and benefit the general community interests of the Village, is strictly prohibited.

 

The violation of the provisions of this ordinance shall be considered to be theft of the Village resources.

 

If the value of the property or services stolen is less than $300.00, a violation of this section is a misdemeanor of the first degree.  If the value of the property or services stolen is $300.00 or more, a violation of this section is a felony of the fourth degree.

 

900.05 IMPROPERLY FURNISHING FIREARMS TO A MINOR

 

(A)       No person shall:

 

                        (1)       Sell any firearm to a person under age 18;

 

                        (2)       Sell any handgun to a person under age 21;

 

                        (3)       Furnish any firearm to a person under age 18, except for the purposes of lawful hunting, or for purposes of instruction in firearms safety, care, handling, or marksmanship under the supervision or control of a responsible adult.

 

(B)       Whoever violates this section is guilty of improperly furnishing firearms to a minor, a misdemeanor of the second degree.

 

900.06 UNLAWFUL USE OR DISCHARGE OF WEAPONS WITHIN THE VILLAGE

(Amended 7/28/14)

 

(A)       No person shall discharge a deadly weapon for any purpose including, but not limited, to sporting purposes within the boundaries of the Village of North Bend.

 

(B)       For the purposes of this section, deadly weapon means any instrument, device, or thing capable of inflicting death and/or serious bodily injury on a person and/or animal and designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon.

 

(C)       Whoever violates this section is guilty of a misdemeanor of the fourth degree.

 

 

 

(D)       This section shall not apply if the weapon is discharged:

 

(1)       By a Village resident owner acting on land they own pursuant to nuisance permit granted by Village Council;

 

(2)       By a hunter holding a valid game specific hunting license issued by the Ohio Department of Natural Resources and acting with written permission of a Village property owner who has been granted a nuisance permit under Section (D)(1);

 

            (3)       By any police officers in the conduct of their official duties;

 

(4)       In any organized matches or shoots conducted pursuant to permit granted by Village Council;

 

            (5)       In self defense.

 

(E)       A nuisance permit may be granted to a property owner upon submission to Village Council of a nuisance permit granted to the property owner by the Ohio Department of Natural Resources Division of Wildlife; or upon written application by a resident property owner to Village Council accompanied by:

 

            (1)       Proof of residential property ownership;

 

            (2)       Plat of property;

 

            (3)       Proof of damage to property by wildlife;

 

(4)       Identity of hunters who will act if permit is granted and date and time periods requested;

 

            (5)       Type of wildlife causing damage;

 

            (6)       Type of weapons to be discharged.

 

            Village Council may then grant, deny or modify the application after a public hearing upon consideration of the damage and nuisance caused and safety concerns of the resident property owner.  An owner may appeal denial of the nuisance permit to the Hamilton County Court of Common Pleas.

 

 

 

 

 

 

 

900.07 PROHIBITION AGAINST DISCHARGE OF SPRING PROPELLED BB GUNS BY PERSONS UNDER 18

 

Discharge of spring propelled B-B Guns by persons under the age of 18 years is prohibited unless such person is in the accompaniment and under the supervision of a person 18 years of age or older.  Whoever violates this section shall be guilty of a minor misdemeanor.

 

900.08 STORAGE OF EXPLOSIVES

 

(A)       No person shall store at any time in any powder house or magazine within the municipal limits a quantity of gunpowder or other similar explosive weighing in excess of 100 pounds.  Whoever violates this section is guilty of storage of an explosive, a minor misdemeanor.

 

900.09 BLASTING PERMIT REQUIRED

 

(A)       No person shall cause a blast to occur within the municipality without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the street commissioner.  Before granting such permit the street commissioner may require the applicant to provide a bond to indemnify the municipality and all other persons against injury or damages that might result from the proposed blasting.  Whoever violates this section is guilty of unlawful blasting, a misdemeanor of the third degree.

 

900.10 VENTING OF HEATERS AND BURNERS

 

(A)       A space heater, room heater, furnace, water heater, or other burner or heater using fuel, tending to give off carbon monoxide or other harmful gases:

 

                        (1)       When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used in flue or vent so designed, installed, and maintained as to vent the products of combustion outdoors;

 

                        (2)       When used as a portable or temporary burner or heater at a construction site or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in division (A)(1) of this section, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

 

 

 

 

 

 

 

(B)       This section does not apply to domestic ranges, laundry machinery, stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

 

(C)       No person shall negligently use, or being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.

 

(D)       Whoever violates this section is guilty of failure to properly vent a heater or burner, a misdemeanor of the first degree.

 

900.11 ABANDONED REFRIGERATOR

 

(A)       No person shall abandon, discard, or knowingly permit to remain on the premises under his control in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity 1 ˝ cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with hinge, latch, or other fastening device capable of securing such door or lid, without rendering said equipment harmless to human life by removing such hinges, latches, or other hardware which may cause a person to be confined therein.  This section shall not apply to an icebox, refrigerator, or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman, or repairman.

 

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

 

900.12 LITTERING PUBLIC WAYS

 

(A)       No person shall place or dispose of in any manner any litter along or near or on any public road, street, parkway, park drive, highway, ditch, or any land adjoining any public road or highway, or ditch unless directed to do so by public officials on special cleanup days.

 

(B)       No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

 

(C)       No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

 

(D)       As used in this section, “litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature. 

 

 

(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

 






1100.99 PENALTY

 

Whoever violates a provision under this chapter will be fined $50 plus court costs.

 

 

 

 

 

 

                        TITLE 12: PARKS AND RECREATIONAL FACILITIES

 

1200.01 PURPOSE

 

The provisions of this title are for regulation of the use of any park facility located within the Village of North Bend.  These provisions are intended to secure and preserve the fullest enjoyment of the parks by a wide range of park patrons.  Failure to abide by these rules shall be cause for removal.  The commission of offenses under local ordinances or state law shall be cause for arrest.

 

1200.02 PARK AUTHORITY

 

The Hamilton County Sheriff’s Department shall exercise police powers over park facilities located in the Village of North Bend according to these provisions and the statutes of the Ohio Revised Code.  No person or organization shall conduct, sponsor or promote any meeting, concert, theater, athletic event or other public activity in any park facility without the prior approval from the Mayor of the Village of North Bend.

 

1200.03 OBEDIENCE TO OFFICERS

 

No person shall remain within the parks who does not abide by conditions adopted and posted by the Village of North Bend for the preservation of good order and protection of property within the parks; no person shall remain within the parks who does not abide by the instructions and directions of duly authorized officers or agents of the Village in the lawful performance of their duties.  Any person directed by a police officer or agent of the Village to leave a park shall do so promptly and peaceably.  A summary of these provisions may be posted in the Village parks which conforms to Section 1200.22 of this title.

 

1200.04 PERMITS REQUIRED

 

No person or organization shall reserve or have exclusive rights to the use of the park and recreational area unless he shall first obtain a permit therefore.

Penalty:           See section 1200.99

 

1200.05 ISSUANCE; APPLICATION; DEPOSIT

 

(A)       Permits may be issued at the discretion of the Mayor or the Village’s designee for such purpose for the organization or public gathering upon completion of an application for the same.

 

(B)       Applications shall be accompanied by a deposit of $50.00, which shall be returned after the reserved period less such expenses as may be incurred for the repair or damage or the cleaning of the area occasioned by the use thereof by the permit holder.

Penalty:           See section 1200.99

 

 

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.

 

 

 






Unlawful Sales

No person shall sell, or attempt to sell or trade, for the purpose of personal or commercial profit, any food, beverages, merchandise, or any other materials or items in any park facility without the specific written approval from the Village of North Bend.

 

E)        Vending

Persons shall not conduct the commercial sale or offer to sell any goods, wares, drinks, food or items nor render or offer to render any service for hire in any park located within the Village of North Bend except as authorized by contract, or permit properly issued by the Village of North Bend.

 

1200.22 SUMMARY OF THE VILLAGE OF NORTH BEND PARK RULES FOR POSTING

(Amended 5/23/11)

 

            Please cooperate in preserving the fullest enjoyment of this park by observing the following Rules.

 

            Failure to abide by these rules shall be cause for removal or arrest of the violators.

 

 

 

            1.         Use of the park is restricted to daylight hours.

            2.         Cleanup after pets.

            3.         Indecent conduct, solicitation, fighting or noisy boisterous, disorderly, or abusive behavior shall be grounds for ejection from the park and possible arrest.

            4.         No littering.

            5.         No alcoholic beverages or drug use.

            6.         No firearms.

            7.         All plant life, artifacts and geologic sites are protected.  Digging, collection or removal of dead wood, plant life, artifacts or geologic material is prohibited.

            8.         The use of metal detectors in the park is prohibited.

            9.         Park in designated areas only.

          10.         Bicycles, skate boards and motorized vehicles may be driven only on paved portions of the park.

          11.         Fires are permitted only at such times and in facilities, fireplaces and grills installed, maintained and designated by the Village of North Bend.  Fire material must be brought to the park by the user.  Gathering of fire material at the park is prohibited.

          12.         No fireworks.

          13.         No overnight camping.

          14.         Any personal property left in the park after it is closed for the day shall be removed and disposed by the Village of North Bend.

          15.         Use of the park by profit making or fund raising organizations, vending, collection of fees, donations or soliciting in the park without a permit is prohibited.

 

          16.         Persons under 18 years of age must be accompanied by an adult guardian or parent at all times, excepting park areas specifically designated as children’s playgrounds having permanently installed playground equipment and facilities.  Parents and legal guardians of minors found in violation are subject to fines and penalties.

 

1200.99 PENALTY

 

Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not more than $100.00 plus costs. 

 

 

 

                                      TITLE 13: NUISANCES; ABATEMENT

 

1300.01 DEFINITION OF NUISANCE; WHEN NUISANCE EXISTS

 

For the purposes of abating public nuisances and assisting for the cost thereof, and prescribing the conduct, whether of omission or commission, of any natural person, or business operating as a proprietorship, partnership, unincorporated association or corporation, as owner or occupier of any lot of land within the corporate limits of the municipality, or of any building, house, or other structure on any such lot of land, a public nuisance shall exist when there is caused or suffered:

 

A)        Any such building, house, or structure to become so out of repair and dilapidated that, in the condition it is permitted to be and remain, it shall or will if such condition is suffered to continue, endanger the life, limb, or property of or cause harm, damage, or injury to persons or property using or being upon the streets or public ways of the municipality adjoining such lot of land, by reason of the collapse of such building, house, or structure, or by the falling of parts thereof or of objects therefrom; or

 

B)        Any tree, stack, or other object to remain standing upon such lot of land in such condition that it shall or will, if such condition is suffered to continue, endanger the life, limb, or property or cause harm, damage or injury to persons or property upon the public streets, or public ways adjacent thereto, by reason of the collapse or partial collapse thereof; or

 

C)        An excavation or cellar on any such lot of land to be unguarded or remain in such a condition that it shall or will, if such condition is suffered to continue, endanger the life, limb or property, or cause harm, damage, or injury to persons using or property being used upon the public streets or public ways adjacent thereto, by falling therein; or

 

D)        The accumulation on any such lot of land or in any such building, house, or structure of earth, rubbish, or other materials which shall or will, if such condition is suffered to continue, attract and propagate vermin or insects endangering the public health; or

 

E)        Any such building, house, or structure to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair; or

 

F)         The accumulation on any such lot of land or in any building, house or structure, of rubbish or other materials in an amount and in a condition that the same constitutes a fire hazard by reason of the likelihood of its catching on fire or communicating fire; or

 

G)        The conduct of any business thereon or therein which by reason of noxious odors generated thereby, or of smoke, dust, and dirt being cast therefrom endangers or is harmful to the public health, welfare, or safety, or materially interferes with the peaceful and lawful use, comfort, and enjoyment or owners or occupants of a proximate or adjacent lot of land or structure thereon; or

 

H)        Any such building, house or structure to become so out of repair and dilapidated that, due to lack of adequate maintenance or neglect, it endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment of owners, or occupants of adjacent property; or

 

I)         Any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others; or

 

J)         Any placing, throwing, or sweeping into any street, avenue, alley, park, or public ground, any dirt, paper, nails, pieces of glass or board, fruit parings, or skins, garbage, waste, leaves or clippings, ashes, cans, bottles, cartons, boxes, furniture, oil, parts of automobiles, or any other matter of an unsightly or unsanitary nature, or the placing, throwing, or sweeping of such matter upon any sidewalk, or street crossing, or on any drive or upon the floor, stairway, or hallway of any public building, theater, railway depot, railway platform, or property of another; or

 

K)        Any accumulation of any paper, fruit parings or skins, garbage, waste, ashes, cartons, boxes, or any other matter of an unsightly or unsanitary nature in such manner that such matter could be blown into any street, avenue, alley, park, public ground, sidewalk, or property of another.

 

1300.02 NOXIOUS WEEDS DEFINED; DECLARED A NUISANCE

 

A)        For the purpose of this chapter, the term "noxious weeds" shall include horseweed, poison ivy, ragweed, and any other weed or growth of grass the height of 8 inches or more, which by reason of the density of its growth, or by reason of its unsightliness, injuriously affects the public health, safety, or welfare.

 

B)        All noxious weeds as herein described are declared a nuisance.

 

1300.03 WEEDS REQUIRED TO BE CUT (Amended 10/28/13)

 

All noxious weeds shall be cut and removed or destroyed by the owner, lessee, tenant, occupant, person or persons having care of or in control of the plot of ground on which weeds or grass shall be growing.  This section shall be construed and interpreted in conjunction with Section 301.05 of this Code.  

 

1300.04 COSTS SHALL CONSTITUTE LIEN

 

 

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.






MONITORING

Site inspections during performance of construction work and upon completion, to determine compliance of the grading with the Geotechnical design and permit requirements or in the case of a complaint registered with the Enforcing Official.

 

            32)       OWNER

The person or persons shown in the Hamilton County Recorder’s records as owner of the property, any agent of the owner or any person in current control of the property.

 

            33)       PERSON

Means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof.

 

            34)       PLANS AND SPECIFICATIONS

The contract documents describing the minimum acceptable criteria for the work which is to be performed.

 

            35)       PUBLIC WATERS

Means water within rivers, streams, ditches and lakes except private ponds and lakes wholly within single properties or waters leaving property on which surface water originates.

 

            36)       QUALIFIED GEOTECHNICAL ENGINEER

A registered Ohio professional Engineer experienced in the application of the principles of Geotechnical Engineering (Soil Mechanics) in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.  One example of a qualified Geotechnical Engineer is one identified in the approved List of Recognized Geotechnical Engineers submitted by the Geotechnical Committee of the Cincinnati Section of the ASCE.

 

            37)       REGISTERED ARCHITECT

An individual licensed in the State of Ohio to practice in the field of architecture, pursuant to Sections 4703.01 to 4733.23 of the Ohio Revised Code.

 

            38)       REGISTERED SURVEYOR

An individual licensed in the State of Ohio to practice in the field of surveying, pursuant to Sections 4733.01 to 4733.23 of the Ohio Revised Code.

 

            39)       RUNOFF

                        Water which moves over the ground surface.

 

 

            40)       SEDIMENT

Means solid material both mineral and organic that is in suspension, is being transported or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth’s surface above or below sea level.

 

            41)       SEDIMENT BASIN

Means a barrier, dam - or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.

 

            42)       SEDIMENT CONTROL PLAN

Means existing regulation, acceptable to the approving agency of methods for controlling sediment pollution from accelerated erosion on a development area of five or more contiguous acres or from erosion caused by accelerated runoff from a development area or five or more contiguous acres.

 

            43)       SEDIMENT POLLUTION

Means failure to use management or conservation practices to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling or other soil disturbing activities on land used or being developed for non-farm commercial, industrial, residential or other non-farm purposes.

 

            44)       SEDIMENTATION

                        The process of accumulation of earth materials resulting from erosion.

 

            45)       SITE

Any lot or parcel of land, or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

 

            46)       SLOUGHING

Means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of a man.

 

            47)       SOIL LOSS

Means soil relocated on or removed from a given site by the force of erosion and the redeposit of the soil at another site on land or in a body of water.

 

            48)       STABILITY

A state of slope equilibrium, identified through observation, measurement, analysis or experience which affords an adequate margin of safety against immediate or long-term development of instability.

 

            49)       STORM FREQUENCY

The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.

            50)       STREAM

Means a body of water running or flowing on the earth’s surface or channel in which such flow occurs.  Flow may be seasonally intermittent, natural or by mechanical measures which control flowing surface water.

 

            51)       TEMPORARY

An impermanent condition during the progress of work utilized for the shortest period of time practicable immediately prior to bringing the work into full compliance with these regulations.

 

            52)       TOPSOIL

Means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.

 

            53)       VEGETATIVE ESTABLISHMENT

The planting and growth of selected grasses, ground cover, trees and shrubs as necessary to control erosion.

 

            54)       WORK AREA

A SPECIFICALLY indicated area of land on which earthwork operations are under permit; may be a portion of a site or the entire site, depending on the topography.

 

1400.03 PERMITS AND EXEMPTIONS 

 

A)        No property shall cause or allow any earth-disturbing activity, excavating or filling which does not conform to these regulations.  A Permit is required for all such work.

 

            EXEMPTED WORK:          The following do not require a permit:

 

            1)         Any excavation for a basement of a building, or other structure, either privately or publicly owned, authorized by a valid building permit, provided:

 

                        a)         The excavation does not exceed:

                                    (i)        12 feet in vertical depth at its deepest point; or

                                    (ii)       one (1) cubic yard per each eleven (11) square feet of work area; and

 

                        b)         the excavation is made within an area described as the upper 25% of the vertical distance between the top of slope and toe of slope with a slope not greater than four horizontal to one vertical (4:1), or in the lower 75% of the vertical distance between the top of slope and toe of slope with a slope not greater than five horizontal to one vertical (5:1) and

 

 

            2)         The subsequent filling of this excavated material on the same site, provided:

 

                        a)         The fill, excluding building backfill material, does not exceed:

 

                                    (i)        5 feet vertical depth at its deepest point; or

                                    (ii)       One (1) cubic yard per each eleven (11) square feet of work area; and

 

                        b)         The fill is placed on site area with a slope not greater than five horizontal to one vertical (5:1) and

 

                        c)         The fill does not result in a finished slope steeper than three horizontal to one vertical (3:1).

 

            3)         Grading of land for the purpose of agriculture.

 

            4)         Temporary excavations for underground utility lines, wells, tunnels, tanks, vaults or sign foundations.

 

            5)         Public work performed by or under control of any governmental agency, work with street right-of-way or easements, except for ancillary excavating or filling for the project which is performed outside the project limits.  Provided such operations do not cause instability of any adjacent or contiguous property and applicable sediment control policies are no less restrictive than these regulations.

 

            6)         Exploratory excavations under the direction of a qualified Geotechnical engineer, engineering geologist, contractor or builder.  All such excavations shall be promptly backfilled and restored to the existing terrain.

 

            7)         Normal cemetery operations involving opening or closing graves.

 

 

            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.

 






MONITORING

Site inspections during performance of construction work and upon completion, to determine compliance of the grading with the Geotechnical design and permit requirements or in the case of a complaint registered with the Enforcing Official.

 

            32)       OWNER

The person or persons shown in the Hamilton County Recorder’s records as owner of the property, any agent of the owner or any person in current control of the property.

 

            33)       PERSON

Means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof.

 

            34)       PLANS AND SPECIFICATIONS

The contract documents describing the minimum acceptable criteria for the work which is to be performed.

 

            35)       PUBLIC WATERS

Means water within rivers, streams, ditches and lakes except private ponds and lakes wholly within single properties or waters leaving property on which surface water originates.

 

            36)       QUALIFIED GEOTECHNICAL ENGINEER

A registered Ohio professional Engineer experienced in the application of the principles of Geotechnical Engineering (Soil Mechanics) in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.  One example of a qualified Geotechnical Engineer is one identified in the approved List of Recognized Geotechnical Engineers submitted by the Geotechnical Committee of the Cincinnati Section of the ASCE.

 

            37)       REGISTERED ARCHITECT

An individual licensed in the State of Ohio to practice in the field of architecture, pursuant to Sections 4703.01 to 4733.23 of the Ohio Revised Code.

 

            38)       REGISTERED SURVEYOR

An individual licensed in the State of Ohio to practice in the field of surveying, pursuant to Sections 4733.01 to 4733.23 of the Ohio Revised Code.

 

            39)       RUNOFF

                        Water which moves over the ground surface.

 

 

            40)       SEDIMENT

Means solid material both mineral and organic that is in suspension, is being transported or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth’s surface above or below sea level.

 

            41)       SEDIMENT BASIN

Means a barrier, dam - or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.

 

            42)       SEDIMENT CONTROL PLAN

Means existing regulation, acceptable to the approving agency of methods for controlling sediment pollution from accelerated erosion on a development area of five or more contiguous acres or from erosion caused by accelerated runoff from a development area or five or more contiguous acres.

 

            43)       SEDIMENT POLLUTION

Means failure to use management or conservation practices to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling or other soil disturbing activities on land used or being developed for non-farm commercial, industrial, residential or other non-farm purposes.

 

            44)       SEDIMENTATION

                        The process of accumulation of earth materials resulting from erosion.

 

            45)       SITE

Any lot or parcel of land, or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

 

            46)       SLOUGHING

Means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of a man.

 

            47)       SOIL LOSS

Means soil relocated on or removed from a given site by the force of erosion and the redeposit of the soil at another site on land or in a body of water.

 

            48)       STABILITY

A state of slope equilibrium, identified through observation, measurement, analysis or experience which affords an adequate margin of safety against immediate or long-term development of instability.

 

            49)       STORM FREQUENCY

The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.

            50)       STREAM

Means a body of water running or flowing on the earth’s surface or channel in which such flow occurs.  Flow may be seasonally intermittent, natural or by mechanical measures which control flowing surface water.

 

            51)       TEMPORARY

An impermanent condition during the progress of work utilized for the shortest period of time practicable immediately prior to bringing the work into full compliance with these regulations.

 

            52)       TOPSOIL

Means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.

 

            53)       VEGETATIVE ESTABLISHMENT

The planting and growth of selected grasses, ground cover, trees and shrubs as necessary to control erosion.

 

            54)       WORK AREA

A SPECIFICALLY indicated area of land on which earthwork operations are under permit; may be a portion of a site or the entire site, depending on the topography.

 

1400.03 PERMITS AND EXEMPTIONS 

 

A)        No property shall cause or allow any earth-disturbing activity, excavating or filling which does not conform to these regulations.  A Permit is required for all such work.

 

            EXEMPTED WORK:          The following do not require a permit:

 

            1)         Any excavation for a basement of a building, or other structure, either privately or publicly owned, authorized by a valid building permit, provided:

 

                        a)         The excavation does not exceed:

                                    (i)        12 feet in vertical depth at its deepest point; or

                                    (ii)       one (1) cubic yard per each eleven (11) square feet of work area; and

 

                        b)         the excavation is made within an area described as the upper 25% of the vertical distance between the top of slope and toe of slope with a slope not greater than four horizontal to one vertical (4:1), or in the lower 75% of the vertical distance between the top of slope and toe of slope with a slope not greater than five horizontal to one vertical (5:1) and

 

 

            2)         The subsequent filling of this excavated material on the same site, provided:

 

                        a)         The fill, excluding building backfill material, does not exceed:

 

                                    (i)        5 feet vertical depth at its deepest point; or

                                    (ii)       One (1) cubic yard per each eleven (11) square feet of work area; and

 

                        b)         The fill is placed on site area with a slope not greater than five horizontal to one vertical (5:1) and

 

                        c)         The fill does not result in a finished slope steeper than three horizontal to one vertical (3:1).

 

            3)         Grading of land for the purpose of agriculture.

 

            4)         Temporary excavations for underground utility lines, wells, tunnels, tanks, vaults or sign foundations.

 

            5)         Public work performed by or under control of any governmental agency, work with street right-of-way or easements, except for ancillary excavating or filling for the project which is performed outside the project limits.  Provided such operations do not cause instability of any adjacent or contiguous property and applicable sediment control policies are no less restrictive than these regulations.

 

            6)         Exploratory excavations under the direction of a qualified Geotechnical engineer, engineering geologist, contractor or builder.  All such excavations shall be promptly backfilled and restored to the existing terrain.

 

            7)         Normal cemetery operations involving opening or closing graves.

 

 

            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.

 

C)        The Enforcing Official shall release the permit holder’s bond when all work under the Plan and Permit has been satisfactorily completed and upon receiving a written summary report or letter from the Designer that all work under the permit is completed.

 

D)        In the event the Earthwork Regulation permit holder is also under a building permit, all requirements under the site plans and permit shall be certified as complete by Designer prior to the issuance of a permanent Certificate of Occupancy.  The bonding of uncompleted work in this situation will not be permitted.

 

E)        Where earthwork is left abandoned and/or a hazard is created, and no bond is in effect, the Enforcing Official shall proceed to mitigate the situation as provided in Section 1400.165

 






1400.11 SCHEDULE OF FEES

 

A)        Development Plan Review - No Fee

 

B)        Development Permit - No Fee

 

C)        Building Permit - No Fee

 

D)        Earthmoving Permit - No Fee

 

E)        Inspection - No Fee

 

1400.12 NOTIFICATION BY PERMIT HOLDER

 

A)        The person to whom a permit is issued shall notify the Enforcing Official:

 

            1)         Prior to commencement of operations, of locations of any borrow or disposal sites;

            2)         Of commencement of operations under such permit, at least 48 hours in advance;

            3)         When operation is completed or temporarily or permanently suspended;

            4)         Of any deviation from the originally approved plans.

 

 

1400.13 FIELD CONSTRUCTION MONITORING BY QUALIFIED GEOTECHNICAL ENGINEER

 

A)        Excavating and filling operations covered by the permit shall be monitored by or under the direction of the permit holder and a qualified Geotechnical Engineer.  The qualified Geotechnical Engineer shall certify to the Enforcing Official the completion of the requirements under the plan and permit.

 

B)        Waivers or modifications shall be made pursuant to Section 1400.08.

 

1400.14 PROTECTION AGAINST EROSION AND SEDIMENTATION

 

A)        Temporary and/or permanent erosion and sediment control features and devices shall be designed and constructed in accordance with appropriate existing regulations enforced by the Hamilton County Soil and Water Conservation District and also applicable provisions of the WATER MANAGEMENT AND SEDIMENT CONTROL FOR URBANIZING AREAS handbook of the U.S. Soil Conservation Service.

 

1400.15 CORRECTION

 

A)        Whenever the Enforcing Official determines that any existing excavation, fill, hillside, slope or other earth condition (including exempted work) has become a hazard, the Enforcing Official shall order the owner of the property on which such condition exists to correct the condition.  Upon receipt of the order from the Enforcing Official, the owner shall, within 30 calendar days, apply for and obtain a permit and proceed as directed to correct the conditions (creating such hazard) according to the provisions of these regulations.  Where such hazard is created by erosion and/or sedimentation, the Enforcing Official shall issue an order(s) with a shorter time limit, so as to provide the necessary protection as required to alleviate or remove the hazard.

 

B)        In emergency situations, where the Enforcing Official determines that the hazardous condition creates a risk of actual or immediate failure or collapse:

 

            1)         The Enforcing Official shall issue orders to the owner to immediately have such work done as may be necessary to render the condition safe.   Within three (3) working days after the emergency work is done, the owner shall file the necessary documentation and permit application for that work.

            2)         If the Enforcing Official cannot promptly resolve the condition with the owner involved to do such emergency work, he shall employ such labor and use or purchase materials as may be necessary to accomplish same, as expeditiously as possible.  In attempting to make the condition safe, the Enforcing Official may close off the property, any adjacent property affected, and sidewalks, streets and other public ways and areas, and prohibit the use of same.  Costs incurred by the Enforcing Official in executing such emergency work shall be paid from public monies, upon his certification.

 

            3)         The Enforcing Official shall immediately notify the Village Law Director of such expenditures and request such action as appropriate for the recovery of such costs, plus the cost of the recovery, from the property owner.

 

C)        Where the Enforcing Official has to perform work in order to correct a hazard, the party responsible for creating said hazard whether owner, permit holder, agent of the owner, or person having control of any property, will either:

 

            1)         Not be granted any further earthwork permits for future work on property he/she controls until the following conditions have been satisfied:

 

                        a)         The party responsible completes all work on the property necessary to abate any remaining hazard,

AND

                        b)         The party responsible reimburses the Enforcing Official for that work which the Enforcing Official performed, or has caused to be performed, in abating the hazard.

OR

            2)         The Enforcing Official will place a lien or otherwise assess or encumber the property (in the amount required to complete or correct the unfinished work) in a manner so no transfer of the property can take place until such encumbrances and assessments have been satisfied.

 

D)        Where earthwork operations are terminated because the project is abandoned, the work area, site, and affected existing terrain shall be inspected by the Enforcing Official, upon request of the owner or permit holder.  Such locations shall be left in a condition satisfactory to the Enforcing Official.

 

1400.16 SUSPENSION OF OPERATIONS

 

A)        The Enforcing Official shall order operations suspended whenever:

 

            1)         Work requiring a permit is being done without a permit;

            2)         Work is under permit, but current operations are causing a hazard;

            3)         Work under permit is being done in a manner contrary to the terms and conditions of the permit.

 

B)        Such suspensions shall remain in effect until (1) the permit is issued, (2) the hazardous condition is remedied to the satisfaction of the Enforcing Official, or (3) the faulty work is remedied and executed in full accordance with the permit and these regulations.

 

 

1400.17 LIABILITY OF THE VILLAGE OF NORTH BEND

 

A)        Issuance of a permit or any action by the Enforcing Official under these regulations shall not cause, establish or create any liability or responsibility of the Village, Hamilton County, its officers, agents or employees, for injury to persons or property caused by operations or conditions created pursuant to such permits.  Nothing in these regulations shall be construed to relieve the owner or person in control of property from liability for injury to persons or property.

 

1400.18 RIGHT OF APPEAL

 

A)        Any person aggrieved by any decision of the Enforcing Official in the administration of the provisions of these regulations, shall have fifteen calendar days from the date of receipt of such written decision in which to file written appeal to the Hamilton County Board of Earthwork Appeals in accordance with Section 307.56 ORC and that Board’s rules.  The appeal shall be based upon one or both of the following grounds, to wit:

 

            1)         That the action of the Enforcing Official was erroneous or constituted an erroneous application of the provisions of these regulations, related laws and ordinances, or was otherwise contrary to law;

            2)         That the action of the Enforcing Official imposes an undue hardship on the complainant, and a modified application alternative arrangement is available and feasible, whereby the hardship can be relieved without defeating the purpose and intent of the provisions of these regulations.

 

 

B)        The complainant shall set forth in his petition on appeal the interpretation, ruling or order appealed and the provisions of these regulations and related laws and ordinances involved and shall state wherein the interpretation, ruling or order is erroneous.  If the appeal is based on the grounds of hardship, the petition shall show the nature of the hardship and point out what kind of modified application or alternative arrangement can be put into effect which will relieve the hardship, without defeating the purposes and intent of the provisions of these regulations.

 

1400.19 VIOLATIONS AND PENALTIES

 

A)        In addition to the technical monitoring required in Section 1400.14 of these regulations, the Enforcing Official shall inspect the site, and the work under permit to determine overall compliance with these regulations.  Where it is determined that a violation of these regulations exists, the responsible party and the owner shall be notified of such deficiencies or non-compliance.  After a reasonable time for voluntary remedial action and compliance, the Enforcing Official shall re-inspect the work in question.  If the non-compliance still exists, an order to comply shall be issued by certified mail to all parties of interest, including the Design Professional.  Such order shall describe the problem(s), the specific date by which compliance must be achieved, and the procedure for resolution of the problem.

 

 

B)        Any person, whether owner, permit holder, agent of the owner, or person having control of any property, who violates any of the provisions of these regulations, or fails to conform to any of the provisions thereof, or fails to obey any order covered by this permit and issued by the Enforcing Official, shall be subject to the penalty associated with Section 307.79 of the Ohio Revised Code.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TITLE 15:  STANDING RULES FOR THE GOVERNANCE OF BUSINESS AND CONDUCT OF THE VILLAGE OF NORTH BEND COUNCIL

                      (Added 1/31/11)

 

INTRODUCTION

 

Section 731.45 Ohio Revised Code authorizes the Council to determine its own rules.

 

Such rules may not conflict with statutory procedures for the enactment of municipal legislation.  Such statutory procedures and any other rules may apply in certain situations that have not been included in these rules: i.e. Policies put in place.

 

The Village of North Bend Council Rules shall be adopted by ordinance form.  These rules are to remain in full force and remain in effect until amended or repealed by council.

 

Any proposed amendment or addition to the Rules of Council shall be first referred to the Laws and Ordinances Committee, which shall discuss the proposed amendment or addition and make its recommendation at the next regular meeting of Council.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX

 

I.          Meetings

                        Rule 1              -           Time, Place and Notice of Regular Meetings

                        Rule 2              -           Time, Place and Notice of Special Meetings

                        Rule 3              -           Executive Session

                        Rule 4              -           Committee Meetings

 

II.        Organization, Structure

                        Rule 5              -           Organization

                        Rule 6              -           President (Mayor)

                        Rule 7              -           President Pro-Tempore (Vice-Mayor)

                        Rule 8              -           Vacancies

                        Rule 9              -           Resignation

                        Rule 10            -           Delinquency and Excusal from Attendance

                        Rule 11            -           Disorderly Conduct

                        Rule 12            -           Fiscal Officer

                        Rule 13            -           Committees, Designations, Appointments

                        Rule 14            -           Planning Commission, Membership

                        Rule 15            -           Board of Zoning Appeals, Membership

                        Rule 16            -           Rules; Enactment, Suspension, and Amendment

 

III.       Order of Business, Procedures

                        Rule 17            -           Order of Business, Opening Procedure, Quorum

                        Rule 18            -           Agenda

                        Rule 19            -           Committee, Referral of Matters

                        Rule 20            -           Legislation, Ordinance, Resolution, Motion

                        Rule 21            -           Legislation, Law Director

                        Rule 22            -           Three Readings Requirement, Suspending the rules, Emergency Ordinances

                        Rule 23            -           Division of Question

                        Rule 24            -           Open to Floor

                        Rule 25            -           Minutes of Meeting

 

IV.       Miscellaneous

                        Rule 26            -           Use of Contractual Services

                        Rule 27            -           Robert’s Rules of Order

 






COUNCIL RULES

 

Rule 1  -           Time, Place and Notice of Regular Meetings.  The regular meeting of Council will be held in the Council Chambers of the Administration Building on the last Monday of each month at 7:00 p.m.  If a Councilperson is unable to attend a regular meeting, he/she shall notify the Mayor and/or Deputy Clerk of the fact at the earliest possible time.

 

If a regular meeting falls on a holiday, such meeting shall be rescheduled at the previous regular council meeting as determined by the Mayor but with the concurrence of the majority of all council members.  Requests to reschedule a regular meeting shall be submitted in writing to the Mayor prior to the previous regular Council meeting to allow the request to be added to the meeting agenda for consideration.

 

Notification of rescheduled regular meetings shall be posted at the North Bend Post Office, on the Village bulletin board and on the Village web page.  The Deputy Clerk and Webmaster shall be responsible for such notification.

 

Rule 2  -           Time, Place and Notice of Special Meetings. The Mayor or any three (3) members of Council may call a special meeting by giving at least twenty-four (24) hours notice to each member of Council.  If a Councilperson is unable to attend a special meeting, he/she shall notify the Mayor and/or Deputy Clerk of the fact at the earliest possible time.

 

Notification of all special meetings shall be posted at the North Bend Post Office, on the Village bulletin board, and if time allows, on the Village web page.  The Deputy Clerk and Webmaster shall be responsible for such notification.

 

Rule 3  -           Executive Session.      Council may adjourn to hold an executive session only at a Regular or Special Council meeting and only after a majority of a quorum of the public body determines, by vote, to hold an executive session.  An executive session may be held only for the sole purpose of the consideration of any of the following matters:

 

                                    A.        To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing.

                                    B.        To consider the purchase or sale of property if premature disclosure would give an unfair advantage to a person whose personal private interest is adverse to public interests.

(Rule 3 cont.)                    C.        Conferences with an attorney concerning pending or imminent court action.

                                    D.        Preparing for conducting or reviewing employee negotiations or bargaining.

                                    E.         Matters requiring confidentiality by law.

                                    F.         Details relative to security arrangements.

 

                        If a public body holds an executive session to consider any of the matters listed in this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.

 

                        Prior to commencing the executive session, all in attendance, including audience members, Fiscal Officer and Law Director will be excused from the meeting unless authorized to stay by a majority of Council members.

 

                        There will be no tape recordings or minutes of the executive sessions’ proceedings.  All matters discussed are to remain confidential including statements made by participants.

 

Rule 4  -           Committee Meetings. All committee meetings shall be held as the committee members may decide.  Meetings will be held in the Council Chambers of the Administration Building.

 

Notification of all committee meetings shall be posed at the North Bend Post Office, on the village bulletin board and on the village web page.  The Deputy Clerk and Webmaster shall be responsible for such notification.  The chair of the committee shall be responsible for notifying the Deputy Clerk and Webmaster of a meeting date and time.  The chair of the committee shall also be responsible for notifying the committee and Council members of the meeting date and time.

 

Rule 5  -           Organization.  On or before the 10th day of January of each year, Council shall meet at the Council Chambers of the Administration Building and organize.  Attention shall be given to the rules of Council, the election of the President Pro-Tempore of Council (vice-Mayor), to the appointments to be made by the Mayor, and to such other recommendations, appointments, and business as may properly come before Council by way of organization.  The date and time for the organizational meeting shall be determined during the regular December Council meeting.

 

Rule 6  -           President (Mayor).      The Mayor shall be the president of legislative authority and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie.

 

Rule 7  -           President Pro-Tempore (Vice-Mayor).          The President Pro-Tempore shall be elected by a majority of the members of Council and shall serve for a term of one (1) year.  In the event of a tie vote being cast for President Pro-Tempore, the Mayor shall cast the vote breaking the tie, which shall be conclusive and binding with respect to the election of the President Pro-Tempore.

 

                          When the Mayor is absent from the village or is unable for any cause to perform his duties, the President Pro-Tempore shall be the acting Mayor, and shall have the same powers and perform the same duties as the Mayor.

 

In the case of death, resignation or removal of the Mayor, the President Pro-Tempore shall become the Mayor and serve for the unexpired term.  When the President Pro-Tempore becomes the Mayor, the vacancy thus created shall be filled by election of another President Pro-Tempore.

 

Rule 8  -           Vacancies.      When the office of a member of Council becomes vacant, the vacancy shall be filled by roll call vote by Council for the unexpired term.  If Council fails to act within thirty (30) days from the acceptance of the resignation or within thirty (30) days of the death of a member of Council or other reason for such vacancy, the Mayor shall fill the vacancy by appointment.  Whenever a vacancy exists in the membership of Council, the Fiscal Officer shall notify the local newspaper that such vacancy exists and the Mayor and Council will accept applications from interested citizens who desire to fill the vacancy.

 

Rule 9  -           Resignation.    Every member of Council who desires to resign during the term of office shall submit his/her resignation in writing to the Mayor and Council and such resignation shall take effect when the same has been accepted by a vote of the majority of the members of Council, exclusive of the person tendering his or her resignation.

 

Rule 10 -         Delinquency and Excusal from Attendance.  No Council member shall be excused from attendance at a council meeting, except upon request to and permission by the Mayor prior to such meeting.  No member shall be excused from attendance at more than three regular council meetings during a calendar year, except upon a roll call vote of the majority of the members present at a regular or special Council meeting.  Council may declare a Council member’s seat vacant when absence has occurred more than three times during a calendar year.

 

Rule 11 -         Disorderly Conduct.   Council may punish or expel any member for disorderly conduct or a violation of its rules.  No expulsion shall take place without the concurrence of two-thirds of all the members elected and until the delinquent member has been notified of the charge against him and has had an opportunity to be heard.

 

Rule 12 -         The Village has combined the office of Clerk-treasurer into one appointed office known as the Village Fiscal Officer. 

 

The Village Fiscal Officer shall perform the duties provided by law for the Village Clerk and Treasurer and any other duties consistent with the nature of the office that are provided for by municipal ordinance.

 

                          The Village Fiscal Officer shall be appointed by the Mayor with approval of a majority vote of Council.

 

The Village Fiscal Officer shall become a resident of the Village within six months after his appointment takes effect, unless an ordinance is passed approving the Fiscal Officer’s residence outside of the Village.

 

The Village Fiscal Officer may be removed without cause either by the Mayor with the consent of a majority of the members of the Village Council or by a three-fourths vote of the Village Council with or without the consent of the Mayor.

 

Rule 13 -         Committees, Designations, Appointments.    The members of Council shall be organized and appointed to form standing committees of three (3) or more members each.  The Mayor shall designate the number of committee members and shall appoint members to the following standing committees at the annual organizational meeting of council.

                                    a.         Finance

                                    b.         Light, Water and Sewer

                                    c.         Maintenance

                                    d.         Police, Fire and Safety

                                    e.         Planning and Zoning

                                    f.          Laws and Ordinances

                                    g.         Village Beautification

 

The Fiscal Officer shall be a non-voting member of the Finance Committee.  The Law Director shall be a non-voting member of the Laws and Ordinances Committee.  The Mayor shall be an ex-officio member of all committees with voice but no vote.

 

The Mayor shall make any interim appointments and all appointments to special committees as the Mayor deems appropriate.  The Mayor shall also designate the committee chairman where appropriate and he/she shall appoint Council members to such other committees, commissions, or similar bodies as required by statute, ordinance, or administrative request.

 

 

(Rule 13 cont.)      The Mayor shall exercise full discretion in making committee appointments, but it is deemed desirable to first consult with the council members with respect to committee appointments.

 

Rule 14 -         Planning Commission, Membership. The Planning Commission shall consist of five members including the Mayor, one (1) member of Council (to be elected by Council) and three (3) other residents of the Village appointed by the Mayor.  All members of the Planning Commission shall be residents of the Village.  The length of the Commission members’ terms is established in the Ohio Revised Code.  The member elected by Council presides as Chairman of the Planning Commission.

 

Rule 15 -         Board of Zoning Appeals, Membership.  The Board of Zoning Appeals shall be appointed by the Village Council and shall consist of five (5) members who are residents of the incorporated area of the Village.  The Mayor presides as chairman of the Board and at least three (3) members of the Board shall not be members of the Planning Commission or Council.

 

Rule 16 -         Rules; Enactment, Suspension, and Amendment.            The rules of Council, as now constituted or subsequently amended, shall govern the conduct of Council meetings, regular and special until revoked or suspended by a majority vote of all members of Council.  The rules may be temporarily suspended upon motion passed by affirmative vote of two-thirds (2/3) of the members of Council.  The rules of Council shall be considered for re-enactment or amendment at the annual organizational meeting of Council, or at such other times when the majority of all Council members so vote.  At such meetings, these rules may be re-enacted, amended, suspended, or new rules may be adopted by a majority vote of the members.

 

Rule 17 -         Order of Business; Opening Procedure; Quorum.            The Mayor shall take the chair at the time appointed for the Council to meet, and shall immediately call the members to order.  A roll call of the Council members by the Fiscal Officer will determine if a quorum is present.  A majority of all members elected shall be a quorum.  The business of Council at all regular meetings shall be transacted in the following manner:

 

                        1.         CALL TO ORDER.

                        2.         ROLL CALL.  (To determine if a quorum is present)

                        3.         PLEDGE OF ALLEGIANCE

                        4.         MINUTES OF THE PREVIOUS MEETING.  (Reading and approval or motion to dispense with reading and approve as presented)

                        5.         FISCAL OFFICER’S REPORT

                        6.         PAY BILLS

 

 

 

(Rule 17 cont.)      7.         MAINTENANCE SUPERVISOR’S REPORT

                        8.         POLICE REPORT

                        9.         FIRE REPORT

                        10.       GUESTS

                        11.       THREE RIVER’S SCHOOL DISTRICT

                        12.       COMMITTEE REPORTS

                                    a.         Finance

                                    b.         Light, Water and Sewer

                                    c.         Maintenance

                                    d.         Police, Fire and Safety

                                    e.         Planning and Zoning

                                    f.          Laws and Ordinances

                                    g.         Village Beautification

                        13.       COUNCIL OLD BUSINESS

                        14.       LAW DIRECTOR OLD BUSINESS

                        15.       MAYOR’S OLD BUSINESS

                          16.       COUNCIL NEW BUSINESS

                        17.       LAW DIRECTOR NEW BUSINESS

                        18.       MAYOR’S NEW BUSINESS/REPORT

                        19.       OPEN TO FLOOR

                        20.       MAYOR AND COUNCIL ANNOUNCEMENTS, COMMENTS

 

The Mayor, on his/her own motion, without second, but with the approval of the majority of Council members present, may change the order of business from time to time.  The Mayor shall advise all Council members who are present of the Mayor’s intention to make any such change and shall promptly honor any motion opposing the change of order, if a majority of Council so votes in opposition.  Members of the Council shall be permitted the opportunity to comment generally on matters which pertain to the Village and their duties as members of Council during the portion of the meeting consistent with the order of business.  The Mayor shall afford to each Council member the opportunity to make such comments and he/she may impose reasonable time limits on any speaker.

 

Rule 18 -         Agenda.           Prior to each Council meeting the Mayor and Deputy Clerk shall prepare an agenda of matters to be brought before council and shall cause a copy of the same to be available to each Council member and the Village Law Director.  Such agenda or written schedule shall constitute the formal schedule of business to be considered by Council at its next meeting, and matters not included on such schedule shall be considered as new business and will be addressed during the “new business” portion of the Council meeting.

 

Any proposed legislation or other matter which is to be placed on the agenda for Council action shall be presented to the Mayor or Deputy Clerk not later than 2:30 PM on the Tuesday prior to the regular Council meeting.

 





Rental Property Inspection Checklist

(Rule 18 cont.)      The agenda shall be e-mailed and placed on the desk of each councilperson by 2:30 PM on the Thursday prior to the scheduled Council meeting.   The agenda shall be faxed or e-mailed to the Law Director as soon as completed on the Thursday prior to the scheduled Council meeting.

 

Rule 19 -         Committee; Referral of Matters.        It is desirable to have all proposed legislation or other business requiring legislative action first brought to the attention of Council at an open Council meeting.

 

The Mayor shall refer inquiries, information, proposed legislation or other matters which promptly require or might require study, consideration, investigation, or other action by Council to the appropriate committee of Council.  If such referral is not needed, and the matter can be disposed of quickly, then such action should be taken at once.  Prolonged argument, discussion and debate shall be avoided.  If the matter under consideration requires further investigation and study or is of such a nature that long discussion may be provoked, the Mayor shall promptly refer it to committee.  The committee shall schedule the date and time of all meetings according to Rule 4.  The committee shall refer any questions concerning the proposed legislation to the Law Director.  After consideration, should the committee find there is cause for legislative action, all proposed legislation shall be submitted to the Law Director.  In no event shall any committee, or any other formal Council body, give consideration to matters which are not promptly made matters of public record.

 

Rule 20 -         Legislation, Ordinance, Resolution, Motion.

Ordinance - An ordinance is a formal written enactment of Council.  An ordinance is intended to be of permanent duration.  Ordinances require publication.

Resolution - A resolution is a formal written enactment of Council.  A resolution is usually of a less permanent nature than an ordinance and is typically used for short term policies or decisions.

Motion - an action by the legislative authority, not required by law to be taken by ordinance or resolution, may be taken by motion.  A motion must be approved by at least a majority vote of the members present.  A motion is normally used to expedite and control the deliberations of the legislative authority in the transaction of business.

 

Rule 21 -         Legislation, Law Director.     The Law Director shall, when requested by a member of Council, give a verbal opinion on any question of law concerning Village affairs in open Council, but he/she may take a reasonable amount of time to submit an opinion in writing.

 

 

 

 

(Rule 21 cont.)      The Law Director has the responsibility of preparing legislation in the manner prescribed by law.   Any proposed legislation shall be submitted to the Law Director by the Tuesday prior to the regular Council meeting.  The Law Director shall submit proposed legislation in final form to the Mayor and Deputy Clerk by the Thursday prior to the regular Council meeting.  The Mayor and Deputy Clerk will make the legislation available to Council by 2:30 PM on the Friday prior to the scheduled Council meeting.

 

Rule 22 -         Three Readings Requirement; Suspending the Rules; Emergency Ordinances.  No ordinance, unless it is declared an emergency measure, shall be passed until it has been read on three separate days, the first and second reading of which may be by title only, and if such measure is printed and a copy thereof placed on the desk of each member the third reading may be by title only.  The rule requiring every ordinance to be read on three separate days may be suspended by a three-fourth vote of all members present, taken by “yeas” and “nays” on each ordinance and entered on the journal.  If the ordinance is an emergency, requiring immediate action, the Mayor should, after the Fiscal Officer or Law Director reads it, entertain a motion to suspend the rules and read the ordinance by its title only.  If three-fourths of the members approve the motion, the Fiscal Officer or Law Director will then read the ordinance by its title only.  The ordinance is then ready for passage.  After a member moves for passage, a vote will be taken.  If a two-thirds majority approves the passage of the ordinance, the Fiscal Officer and the Mayor shall sign it. Legislation passed as an emergency measure must have the reason stated for the emergency.

 

Rule 23 -         Division of Question. Any Council member may call for a division of the question or the presiding officer may direct the same and in either case, the same shall be divided if it comprehends questions so distinct that one being taken away, the other will stand as an entire question for decision.

 

Rule 24 -         Open to Floor. Members of the public are invited to address Council concerning relevant issues during regular Council meetings.  The Mayor will solicit comments from the public at the appropriate segment of the meeting.  The person addressing Council must state their name and address before beginning with their remarks.  Speakers must be courteous and avoid discussion of personalities.  Speakers shall be limited to three (3) minutes, unless profanity is used, personally challenged or the speaker is unreasonable or uncooperative, in which case the speaker’s time shall cease and the Mayor shall intervene.  The Mayor may allow additional time if the discussion is constructive or requires more explanation.

 

Issues brought to the attention of council by the speaker may require immediate action or may be referred to staff or committees for investigation and resolution.

 

 

Rule 25 -         Minutes of Meetings.  The Fiscal Officer shall keep a record of the proceedings, and of all rules, by-laws, resolutions and ordinances passed or adopted.  Proposed minutes of prior Council meetings, regular or special, shall be prepared by the Fiscal Officer, e-mailed to and placed at the desk of all, Council members, the Mayor, and the Law Director no later than the Monday following the previous regular Council meeting.

 

Rule 26 -         Use of Contractual Services.  The Mayor’s use of contractual services of the Village, i.e., Village Engineer, Village Law Director, shall be restricted to matters within the Mayor’s statutory powers with prior approval of Council.

 

Rule 27 -         Robert’s Rules of Order.  In the absence of any rule upon any matter of business or procedure not provided herein or in the statutes of the State of Ohio, or in the ordinances or resolutions of the Village of North Bend, Ohio, and if the issue or matter can not be more informally resolved, Robert’s Rules of Parliamentary Procedure shall be the standard followed by this Council and the same are hereby incorporated into these rules by reference, as they presently exist or as they may be amended.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                  TITLE 16:  RENTAL UNITS AND PERMITS          

                                  (Replacement Added 04/29/13)

 

1600.01 RENTAL PERMIT REQUIRED

 

            Purpose:          This ordinance is enacted to protect the public health, safety and welfare of Village citizens residing in residential rental dwelling units by establishing minimum maintenance standards for all such structures and premises; by mandating the existence of basic equipment and facilities for light, ventilation, heating and sanitation; by mandating basic safety requirements regarding space use and location; by mandating minimum requirements for means of egress, by requiring the existence of minimum fire protection systems; by fixing the responsibilities of residential rental property owners, operators and occupants; and by providing for administration, enforcement and penalties.

 

            A.        No owner of residential real property located within the Village shall rent, or seek to rent, any dwelling or dwelling unit on such real property for any form of consideration unless the owner holds a valid Rental Permit issued by the Village Rental Unit Inspector (hereafter referred to as “Inspector”) in the name of the Owner and for the specific dwelling or dwelling unit for rent. 

 

            B.        A rental Permit shall be valid for a one (1) year period except as provided in paragraph L hereinafter.

 

            C.        An Owner shall apply for a Rental Permit by filing a written application with the Inspector, which contains the following information: (1) name of Owner; (2) address of Owner; (3) address of rental property; (4) date of change of ownership or Transfer of Occupancy, if applicable; (5) an election by the owner a) to self inspect using the checklist attached as Exhibit “A” or b) to schedule a date for inspection by the Village Inspector.

 

            D.        If the owner elects to self inspect, the checklist is to be completed by the owner answering to the best of Owner’s knowledge all pertinent questions with respect to the conformance of the subject property to the Village of North Bend’s Revised Code of Ordinances and to all other applicable statutes, rules, and regulations related to the construction, condition, sanitation, safety and appearance of the dwelling or dwelling unit.  Within thirty (30) days of the effective date of the ordinance establishing this policy, any Owner currently renting or seeking to rent a dwelling or dwelling unit within the Village must submit an application as required by this section.  The Rental Permit shall be issued by the Inspector immediately upon his satisfactory inspection or his satisfactory review of the property owner’s properly completed checklist indicating the property’s compliant condition. 

 

 

            E.         Whenever, upon receipt of a written complaint that conditions or practices exist which are in violation of any provision of this Title, or of Title 3 of the North Bend Property Maintenance Code, the North Bend Building Code, the North Bend Fire Prevention Code, the North Bend Zoning Regulations, or Title 13 of the North Bend Revised Code of Ordinances

pertaining to nuisances, the Inspector shall give notice in writing to the owner of such violations.  If the owner has not corrected the violations within thirty (30) days of receiving notice from the Inspector and if the Inspector has probable cause to believe that conditions exist which present an immediate threat to the safety and health of the citizens of the Village, the Inspector shall seek and obtain a search warrant for the premises in order to complete the inspection of the premises, and prior to any action with respect to the owner’s rental permit. 

 

            In the event that the inspection conducted under authority of a search warrant confirms the existence of conditions that present an immediate threat to the safety and health of the citizens of the Village, the Inspector shall give written notice to the owner that the issued Rental Permit has been revoked.  Upon receipt of such notice, the owner shall immediately cease renting or seeking to rent that dwelling or dwelling unit. 

 

            F.         Any decision by, or issue raised by action of the Inspector under this section is subject to appeal to the Village Council by filing a written notice of appeal with the Village Deputy Clerk within thirty (30) days after receipt of the Inspector’s written notice of revocation or refusal to issue a permit.  Any adverse decision by the Village Council is subject to appeal to the Hamilton County Ohio Courts.  Notice of such appeal shall be filed with the Village Clerk and with the Hamilton County Clerk of Courts within thirty (30) days of Council’s decision.

 

            G.        A Rental Permit as provided in this section is transferable only by notification to the Inspector.  When an Owner transfers his interest in or control of a dwelling or dwelling unit, he shall notify the Inspector in writing within ten (10) business days after the transfer.  The notice shall include the name and address and telephone number of the person who has succeeded to his interest or control. 

 

            H.        An Owner who rents or seeks to rent, any dwelling or dwelling unit for any form of consideration without a valid Rental Permit as provided herein shall be guilty of a minor misdemeanor, subject to a $150.00 fine.  Each day of such violation shall be considered a separate violation.

 

            I.          The Inspector shall report non-payment of such fines by any Owner subject to the above provisions to the Village Law Director who shall then certify the sums due to the Hamilton County Auditor, to be placed as an assessment on the subject property and collected as any other real property tax or assessment.

 

            J.         The Rental Inspection Checklist shall be made available on the Village of North Bend website (www.northbendohio.org) and at the Village Municipal Building, 21 Taylor Avenue, during its regular business hours.

 

            K.        The Village Inspector shall maintain a list of residential rental properties showing which have valid rental permits and which do not have valid rental permits.  The list shall be made available on the Village of North Bend website (www.northbendohio.org) and at the Village Municipal Building, 21 Taylor Avenue, during its regular business hours, and shall otherwise be appropriately posted as a public record.

 

 

            L.         A Rental Permit shall remain valid for a period of 3 years if ownership of the rental property remains the same and if no complaints are received by the Village Inspector.

 

 

 

VILLAGE OF NORTH BEND

 

APPLICATION FOR A RENTAL PERMIT

 

 

  1)       Name of Owner

 

  2)       Address of Owner

 

  3)       Address of property to be inspected

 

  4)       Number of rental units to be inspected

 

  5)       Election by landlord to (a) self-inspect by completion and filing of the attached Rental Inspection Checklist or (b) schedule inspection

 

  6)       Consent to inspection dates and times available for inspection

 

  7)       Written notice of unit inspection given to tenants

 

  8)       How is notice given

 

  9)       Copy of notice to tenants furnished prior to inspection if landlord elects to have inspection done by Village inspector

 

10)       Dates of change of ownership (if applicable)

 

11)       Date of change of occupancy (if applicable)

 

12)       Are there animals kept on the premises?

            Describe

 

 

13)       Other info

 

 

 

            Signed:  _____________________________________________   __________________

                                          OWNER                                                                DATE

 

 

 

     VILLAGE OF NORTH BEND - RENTAL INSPECTION CHECKLIST

Effective 11-27-2012

NORTH BEND CODES – TITLE 3 & TITLE 16

      This Checklist summarizes the key elements of the Residential Rental Property Inspection.  Be advised the list is not all inclusive. North Bend Ordinances (TITLE 3 & TITLE 16) and the State of Ohio building and fire codes contain all details not included in this summary. Violations may be noted during an inspection that do not appear on the summary below. This summary list includes the "obvious" potential code violations.  Any violation noted will be sent to the property owner for corrective action within a reasonable time frame.       OFC = Ohio Fire Code, OBC = Ohio Building Code

{C}·       Clean, sanitary, safe conditions.  Sections 301.01, 304.01, 304.02          yes______  no_______

 

{C}·       Free of rodent or insect infestation.  Section 301.06                                yes______  no_______

 

{C}·       Exterior stairs, decks, porches, balconies and all appurtenances

structurally sound and in good repair. Section 301.8                                 yes______ no______

 

{C}·       Operational heating system.    Section 301.10                                          yes______  no______

 

{C}·       Plumbing systems functional.   (OBC)                                                      yes______  no______

 

{C}·       Insect screens on all doors/windows (3/1 – 11/30 of the year,301.09)      yes______  no______

 

{C}·       Interior walls/ceilings in good repair. i.e. No holes or openings (OFC)      yes______  no______

 

{C}·       Doors weather tight       (OBC)                                                             yes______  no______        

 

{C}·       Windows weather tight    (OBC)                                                                yes______  no______

 

{C}·       Electrical system functional. i.e. outlets, switches functional,

proper covers.







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