Building Code – Village of Bellaire Ordinances

PART THIRTEEN – BUILDING CODE

TITLE ONE – Standards

Chap. 1301. Ohio Basic Building Code.
Chap. 1305. One, Two and Three-Family Dwelling Code.
Chap. 1309. National Electrical Code.

CHAPTER 1301
Ohio Building Code

1301.01 Adoption.
1301.02 Purpose.
1301.03 Scope.
1301.04 Compliance.
1301.05 Existing structures.
1301.06 Orders and violations.
1301.07 Unsafe buildings.
1301.08 Conflict.
1301.09 Enforcement.
1301.99 Penalty.

CROSS REFERENCES

See sectional histories for similar State law
Removal of unsafe structures – see Ohio R.C. 715.26(B), 715.261
Power to enact further and additional regulations – see Ohio R.C. 3781.01
Authorization by Board of Building Standards – see Ohio R.C. 3781.12
Enforcement – see Ohio R.C. 3781.03, 3781.031, 3781.10(E), 3781.102, 3781.19
Final jurisdiction – see Ohio R.C. 3781.04
Application – see Ohio R.C. 3781.06, 3781.10(E), 3781.11(A)
Submission of plans – see Ohio R.C. 3791.04
Dead bolt locks in apartment buildings – see Ohio R.C. 3781.103
Smoke detection system for apartments and condominiums – see Ohio R.C. 3781.104
Automatic sprinkler systems – see Ohio R.C. 3781.105, 3791.041 et seq.
Fire suppression systems – see Ohio R.C. 3781.108
Use of public buildings by handicapped persons – see Ohio R.C. 3781.111
Abandoned service stations – see Ohio R.C. 3791.11 et seq.
Safety standards for refuse containers – see Ohio R.C. 3791.21

1301.01 ADOPTION.

There is hereby adopted by the Municipality, the Ohio Building Code (OBC) and related codes as adopted by the Ohio Board of Building Standards, Department of Industrial Relations, effective July 1, 2009, and as identified and published in Division 4101:1 et seq. of the Ohio Administrative Code (OAC).

1301.02 PURPOSE.

The purpose of the Ohio Building Code is to establish uniform minimum requirements for the erection, construction, repair, alteration, and maintenance of buildings, including construction of industrialized units. Such requirements shall relate to the conservation of energy, safety, and sanitation of buildings for their intended use and occupancy with consideration for the following:

(a) Performance. Establish such requirements, in terms of performance objectives for the use intended.

(b) Extent of Use. Permit to the fullest extent feasible, the use of materials and technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes of materials or products or methods of construction.

(c) Standardization. To encourage, so far as may be practicable, the standardization of construction practices, methods, equipment, material and techniques, including methods employed to produce industrialized units. The rules of the Board of Building Standards and proceedings shall be liberally construed in order to promote its purpose. When the Building Official finds that the proposed design is a reasonable interpretation of the provisions of this Code, it shall be approved. Materials, equipment and devices approved by the Building Official pursuant to Section 114 of the Ohio Building Code shall be constructed and installed in accordance with such approval.
(OBC 101.3)

1301.03 SCOPE.

(a) Application and Compliance. The provisions of the Ohio Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. As provided in Section 3791.04(B) of the Ohio Revised Code, no plans or specifications shall be approved or inspection approval given unless the building represented by those plans or specifications would, if constructed, repaired, erected or equipped according to those plans or specifications, comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rules adopted by the Board.

An owner may exceed the requirements of the Ohio Building Code in compliance with Section 102.9 of the Ohio Building Code.

(b) Exceptions.

(1) The Ohio Building Code applies to detached one-, two-, and three-family dwellings and structures accessory to those dwellings, only to the extent indicated in Section 310 of the Ohio Building Code;
(2) Buildings owned by and used for a function of the United States Government;
(3) Buildings or structures which are incident to the use for agricultural purposes of the land on which said buildings or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a normal crop year on farms owned or operated by the seller (see Ohio R.C. 3781.06 and 3781.061);
(4) Agricultural labor camps;
(5) Type A or Type B family day-care homes;
(6) Buildings or structures which are designed, constructed, and maintained in accordance with federal standards and regulations and are used primarily for federal and state military purposes where the U.S. Secretary of Defense, pursuant to 10 U.S.C. Sections 18233(A)(1) and 18237, has acquired by purchase, lease, or transfer, and constructs, expands, rehabilitates, or corrects and equips, such buildings or structures as he determines to be necessary to carry out the purposes of Chapter 1803 of the U.S.C.
(7) Manufactured homes constructed under “24 CFR Part 3280”, “Manufactured Home Construction and Safety Standards”, and within the scope of the rules adopted by the Ohio Manufactured Home Commission.
(8) Sewerage systems, treatment works, and disposal systems (including the tanks, piping and process equipment associated with these systems), regulated by the legislative authority of a municipal corporation or the governing board of a county or special district owning or operating a publicly owned treatment works or sewerage system as stated in division (A) of Ohio R.C. 6111.032.
(9) Building sewer piping.
(10) Portable electric generators and wiring supplying carnival and amusement park rides regulated by the Ohio Department of Agriculture.
(11) Structures directly related to the operation of a generating plant or major utility facilities regulated by the Power Siting Board.
(OBC 101.2)

1301.04 COMPLIANCE.

(a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Building Code is applicable, or make any addition thereto or alteration thereof, except in case of repairs for maintenance without affecting the construction, sanitation, safety or other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.02)

(b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto.
(ORC 3791.01, 3791.03)

(c) No owner shall proceed with the construction, erection, alteration or equipment of any building to which the Ohio Building Code is applicable until the plans or drawings, specifications, and data have been approved as Ohio R.C. 3791.04 requires, or the industrialized unit inspected at the point of origin. No plans or specifications shall be approved or inspection approval given unless the building represented would, if constructed, repaired, erected, or equipped comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rule made under those chapters. (ORC 3791.04)

1301.05 EXISTING STRUCTURES.

The provisions of Chapter 34 of the Ohio Building Code shall control the alteration, repair, addition and change of occupancy of any existing structure.

The occupancy of any structure currently existing on the date of adoption of this Code shall be permitted to continue without change provided there are no orders of the Building Official pending, no evidence of fraud, or no serious safety or sanitation hazard. When requested, such approvals shall be in the form of a “Certificate of Occupancy for an Existing Building” in accordance with Section 111.2 of the Ohio Building Code.

Buildings constructed in accordance with plans which have been approved prior to the effective date of this Code are existing buildings.
(OBC 102.7)

1301.06 ORDERS AND VIOLATIONS.

(a) Adjudication Orders Required. When the Building Official denies any approval or takes action in response to findings of non-compliance, such action shall be initiated by issuing an adjudication order, prior to seeking any remedy, civil or criminal. Every adjudication order shall:

(1) Clearly identify the section of law or rules violated.
(2) Clearly identify, in a contrasting and obviously marked manner, all violations related to accessibility.
(3) Specifically indicate which detail, installation, site preparation, material, appliance, device, addition, alteration to structures, construction documents, assemblages or procedures are necessary to change to comply with the order.
(4) When issued to stop work, the order shall also clearly indicate the specific work that is required to cease, when the work must cease and the conditions under which the cited work will be permitted to resume. The order to stop work shall be given to the owner of the property involved, to the owner’s agent and the person doing the work.
(5) Include notice of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the order. The order shall also indicate that, at the hearing, the owner may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the owner.
(6) Any hearing(s) scheduled for accessibility issues shall cause the Building Official or the appeals board to notify a local advocate organization for people with disabilities of the scheduled hearing. When a local advocate organization is not available, a state organization representing people with disabilities, such as the “Governor’s Council on People with Disabilities” shall be notified.
(7) Specify a reasonable period of time in which to bring the item(s) on the order into compliance.
(8) Include the signature of the Building Official.
(9) The order shall be sent by certified mail, return receipt requested, to the owner and any individual designated as a representative or agent by the owner in such matters.

(b) Response to Orders. The person receiving an order shall exercise their right to appeal within 30 days of the mailing of the order, comply with the order, or otherwise be released from the order by the Building Official.

(c) Prosecution and Penalties. When an owner fails to comply with subsection (b) hereof, the owner may be prosecuted and is subject to the penalty provided in Section 1301.99.

(d) Unlawful Continuance. Failure to cease work after receipt of an order to stop work is hereby declared a public nuisance. (OBC 109)

1301.07 UNSAFE BUILDINGS.

(a) Unsafe Buildings Defined. Structures or existing equipment that are unsafe or unsanitary due to inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life, shall be deemed a serious hazard. Where a building is found to be a serious hazard, such hazard shall be eliminated or the building shall be vacated, and where such building, when vacated, remains a serious hazard, it shall be razed.

(b) Orders, Injunction Proceedings. Where the Building Official finds that a building is a serious hazard and the owner of such building fails, in the time specified in an order from the Building Official, to eliminate such hazard, or to vacate or raze the building, the building official shall proceed under Ohio R.C. 3781.15.

(c) Restoration. Where the structure or equipment is determined to be unsafe by the Building Official, it is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are intended to be made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with Chapter 1 and 34 of the Ohio Building Code and this chapter.
(OBC 109)

1301.08 CONFLICT.

(a) General. Where, in any specific case, different sections of the Ohio Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b) Other Laws. The provisions of the Ohio Building Code shall not be deemed to nullify any provisions of state or federal law. The Municipality may make further and additional regulations, not in conflict with Ohio R.C. Chapters 3781 and 3791 or with the rules of the Board of Building Standards. However approval by the Board of Building Standards of any fixture, device, material, system, assembly or product of a manufacturing process, or method or manner of construction or installation shall constitute approval for their use anywhere in Ohio.

(c) Other Rules. As provided in division (B) of Ohio R.C. 3781.11, the rules of the Board of Building Standards shall supersede and govern any order, standard or rule of the Divisions of State Fire Marshal or Industrial Compliance in the Department of Commerce, and the Department of Health and of counties and townships, in all cases where such orders, standards or rules are in conflict with the rules of the Board of Building Standards, except that rules adopted and orders issued by the Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of a conflict.

The rules of the Board of Building Standards adopted pursuant to Ohio R.C. 3781.10 shall govern any rule or standard adopted by the Board pursuant to Ohio R.C. 4104.02 and 4105.011.
(OBC 102)

1301.09 ENFORCEMENT.

(a) Building Official. The Building Official is responsible for the enforcement of the rules of the Board and of Ohio R.C. Chapters 3781 and 3791 relating to the construction, arrangement, and the erection of buildings or parts thereof. All building officials shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner. Building officials shall be responsible to assure that a system is in place to track and audit all projects, to assure that all Building Department personnel perform their duties in accordance with this section, and for the overall administration of a Building Department as follows:

(b) Applications and Plan Approvals. The Building Official shall receive applications, require or cause the submitted construction documents to be examined, ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Ohio Building Code, and shall issue plan approvals for the construction, erection, alteration, demolition and moving of buildings and structures.

(c) Plan Examination by the Building Official. When the Building Department does not have in its full-time employ a certified master plans examiner, the certified Building Official shall examine construction documents to determine compliance with the rules of the Board if the registered design professional elects to submit construction documents that contain a written certification by the registered design professional indicating conformance with the requirements of the rules of the Board and Ohio R.C. Chapters 3781 and 3791.

(d) Orders. The Building Official shall issue all orders in accordance with Section 1301.06 to ensure compliance with the Ohio Building Code.

(e) Inspections.

(1) If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the Building Official, under Section 108 of the Ohio Building Code, the Building Official shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved construction documents.
(2) Special inspections are as required under Section 1704 of the Ohio Building Code.

(f) Department Records. The Building Official shall keep official records of applications received, certificate of plan approvals issued, notices and orders issued, certificates of occupancy, and other such records required by the rules of the Board of Building Standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by document retention regulations.

(g) Liability. Liability of certified Building Department personnel for any tortuous act will be determined by Ohio courts to the applicable provisions of Ohio R.C. Chapter 2744.

1301.99 PENALTY.

Whoever violates any provision of this chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months or both. Each day during which noncompliance or a violation continues shall constitute a separate offense. The Municipality may institute injunction proceedings in Common Pleas Court to abate the nuisance of failure to cease work after receipt of a stop work order.

CHAPTER 1305
One, Two and Three-Family Dwelling Code

1305.01 Purpose and adoption.
1305.02 File and distribution copies.
1305.03 Conflict.

CROSS REFERENCES

Adoption by reference – see Ohio R.C. 731.231
Ohio Building Code – see Ohio R.C. 3781.10
Energy conservation – see Ohio R.C. 3781.181
Smoke detectors – see FIRE PREV. Ch .1505

1305.01 PURPOSE AND ADOPTION.

There is hereby adopted and incorporated by reference as if set out at length herein, for the purposes of establishing rules and regulations for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion, demolition, equipment, use, occupancy or maintenance of one, two and three-family dwelling houses which are not constructed of industrialized units, and their accessory structures, that certain code known as the One and Two Family Dwelling Code, 1989 edition, published jointly as a nationally recognized model code by the: Building Officials and Code Administrators International, Inc.; International Conference of Building Officials; and Southern Building Code Congress International. The One and Two Family Dwelling Code shall be enforced in conjunction with such provisions of the BOCA Basic Building Code adopted under Section 1301.01(b) as are applicable to one, two and three-family dwellings.

1305.02 FILE AND DISTRIBUTION COPIES.

Copies of the Dwelling Code adopted under Section 1305.01 are on file with the Village Clerk for inspection by the public and in the County law library. In addition the Village Clerk has copies available for distribution to the public at cost.

1305.03 CONFLICT.

Except as otherwise specifically provided for in this chapter, in all other cases of conflict between the One and Two Family Dwelling Code and any other Village ordinance or technical code adopted thereby, the more restrictive provision shall govern.

CHAPTER 1309
National Electrical Code

1309.01 Current edition adopted.
1309.02 File and distribution copies.
1309.03 Conflict of laws.
1309.99 Penalty.

CROSS REFERENCES

Adoption by reference – see Ohio R.C. 731.231
Permits and fees – see BLDG. Ch. 1331
Registration of contractors – see BLDG. Ch. 1355

1309.01 CURRENT EDITION ADOPTED.

There is hereby adopted and incorporated by reference as if set out at length herein that certain code known as the National Electrical Code, 1990 edition, as published by the National Fire Protection Association, for the purpose of safeguarding persons and property from hazards arising from the use of electricity.

1309.02 FILE AND DISTRIBUTION COPIES.

Copies of the National Electrical Code adopted herein are on file with the Village Clerk and in the County law library for inspection by the public. In addition the Village Clerk has copies available for distribution to the public at cost.

1309.03 CONFLICT OF LAWS.

In the event of any conflict between the requirements of the National Electrical Code and those of any other codes adopted by the Village or any Village ordinances, that requirement which establishes the higher or stricter standard shall prevail.

1309.99 PENALTY.

(a) Whoever violates any provision or fails to conform to any of the requirements of the National Electrical Code herein adopted, or fails to comply with any order made thereunder, or violates any detailed statement of specifications or plans submitted and approved thereunder, shall, severally for each and every such violation and noncompliance respectively, be fined not more than five hundred dollars ($500.00). Each day during which any condition in violation of the National Electrical Code continues may be considered a separate offense.

(b) The application of the penalty provided in subsection (a) hereof shall not be held to prevent the enforced removal of prohibited conditions.

TITLE THREE – Local Provisions

CHAPTER 1321
Fire Limits

1321.01 Fireproof defined.
1321.02 Construction requirements.
1321.03 Limits designated.

CROSS REFERENCES

Removal of unsafe structures – see Ohio R.C. 715.26(B), 715.261
Fire limits – see Ohio R.C. 737.28
Housing standards for safety from fire – see BLDG. 1361.05

1321.01 FIREPROOF DEFINED.

“Fireproof”, as used in this chapter, means that the outer walls of a building or structure shall be constructed of brick, stone or concrete.
(Ord. 2398. Passed 10-19-57.)

1321.02 CONSTRUCTION REQUIREMENTS.

Every permanent building erected or altered within the fire limits described in Section 1321.03 shall be constructed entirely of fireproof and waterproof materials with a steel carrying frame.
(Ord. 2398. Passed 10-19-57.)

1321.03 LIMITS DESIGNATED.

Beginning at a point on the westerly side of the Pennsylvania Railroad tracks at 35th Street; thence west along 35th Street to the center line of Oak Alley; thence south along Oak Alley to the center line of 34th Street; thence west on 34th Street to the east side of Hamilton Street; thence south with the east line of Hamilton Street to the Stone Bridge; thence southeast along the Stone Bridge to a point where it joins the center line of Oak Alley; thence south along Oak Alley to the center line of Crescent Street; thence east on Crescent Street to the westerly side of Pennsylvania Railroad tracks; thence north along the tracks to the place of beginning.
(Ord. 2398. Passed 10-19-57.)

CHAPTER 1325
Code Enforcement Guidelines

1325.01 Purpose.
1325.02 Definitions.
1325.03 Authorized Enforcement Officers.
1325.04 Right of entry.
1325.05 Stop use order.
1325.06 Stop work order.
1325.07 Violation of stop use/stop work order.
1325.08 Work without a permit.
1325.09 Authority to disconnect utility service.
1325.10 Citation.
1325.11 Service for the summons and complaint.
1325.12 Attendance, hearing, default.
1325.13 Effect of admission and statement of violator.
1325.14 Judgment.
1325.15 Bail and fines.
1325.16 Village counsel.
1325.17 Other remedies.

CROSS REFERENCES

Permits and fees – see BLDG. Ch. 1341

1325.01 PURPOSE.

The purpose of this legislation is to define code enforcement guidelines for the Village of Bellaire. (Ord. 2006-18. Passed 6-1-06.)

1325.02 DEFINITIONS.

(a) “Village Ordinance” or “ordinance” means any ordinance adopted by the Village of Bellaire, including, but not limited to those dealing with zoning, planning, nuisance abatement, health, solid waste, public works, building and electrical standards, sanitation, and other general offenses.

(b) “Person” includes the United States or agencies thereof, any state, public or private corporation, local governmental unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity, contractor, subcontractor or combination thereof. For the purposes of this chapter, “person” also includes those residing or conducting business or activities in the incorporated and unincorporated areas of the Village of Bellaire.

(c) “Violator” means a person who has been accused of a violation of a Village of Bellaire ordinance or a person who has admitted or been adjudicated to have violated a Village of Bellaire ordinance.
(Ord. 2006-18. Passed 6-1-06.)

1325.03 AUTHORIZED ENFORCEMENT OFFICERS.

The following persons are authorized to issue citation(s) pursuant to this chapter:

(a) The Village of Bellaire Police Chief.

(b) All deputies in the Village of Bellaire Police Department.

(d) The Village of Bellaire Deputy Code Enforcer; and

(e) The Mayor of the Village of Bellaire.

(Ord. 2006-18. Passed 6-1-06.)

1325.04 RIGHT OF ENTRY.

When it may be necessary to inspect to enforce the provisions of the Village ordinances or the authorized enforcement officer has reasonable cause to believe there exists in a building or upon a premises a condition which is contrary to, or in violation of the Village ordinances or which otherwise makes the building or premises unsafe, dangerous, or hazardous, the authorized enforcement officer may enter said building or premises at reasonable times to inspect or to perform the duties imposed by Village Ordinances provided that if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the authorized enforcement officer shall first make a reasonable effort to locate the owner or other person having charge, control, or ownership of the building or premises and request entry. If entry is refused, the authorized enforcement officer shall have recourse to the remedies provided by the Ohio Revised Code to secure entry.
(Ord. 2006-18. Passed 6-1-06.)

1325.05 STOP USE ORDER.

A Stop Use Order may be issued whenever any building or structure or equipment or use therein regulated by Village ordinances is used contrary to the provisions of said ordinances, and the authorized enforcement officer may order such use discontinued and the structure (or portion thereof) vacated. All persons using the structure (or portion thereof) shall discontinue the use within the time prescribed by the authorized enforcement officer in the notice. Such person(s) shall stop such use of building, structure or equipment until specifically authorized by the authorized enforcement officer.
(Ord. 2006-18. Passed 6-1-06.)

1325.06 STOP WORK ORDER.

(a) A Stop Work Order may be issued whenever the follow-up of permits and approvals reveals construction, installation and/or land use activity not permitted under the permit or approval; and

(b) Whenever the code enforcement officer or other staff discover or receive a verified complaint for unpermitted construction, installation or land use being done contrary to the provisions of Village Ordinances (or other pertinent laws or ordinances implemented through its enforcement).
(Ord. 2006-18. Passed 6-1-06.)

1325.07 VIOLATION OF STOP USE/STOP WORK ORDER.

If construction, installation, land or equipment use activity continues after the issuance of a stop use order or a stop work order, appropriate follow-up enforcement action shall be taken. Such action may include, but is not limited to, the issuance of a citation by an authorized enforcement officer.
(Ord. 2006-18. Passed 6-1-06.)

1325.08 WORK WITHOUT A PERMIT.

Whenever any work for which a permit is required by Village ordinances has been commenced without first obtaining said permit, a Stop Work Order will be issued and double the standard fees shall be paid before a permit may be issued for such work and the work may recommence. The payment of such double fees and any penalty prescribed by law shall not exempt any person from compliance with all other provisions of Village ordinances nor from any penalty prescribed by law.
(Ord. 2006-18. Passed 6-1-06.)

1325.09 AUTHORITY TO DISCONNECT UTILITY SERVICE.

In the event of an emergency, the authorized enforcement officer shall have the authority to disconnect utility service to a building, structure, premises or equipment regulated by Village Ordinances when necessary to eliminate an immediate hazard to life or property. The authorized enforcement officer shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection within a reasonable time thereafter.
(Ord. 2006-18. Passed 6-1-06.)

1325.10 CITATION.

(a) A citation conforming to the requirement of this section may be used by the authorized enforcement officer to prosecute any violation of the Village of Bellaire Codified Ordinances.

(b) The citation shall consist of at least two parts. Additional parts may be included for administrative purposes by departments charged with the enforcement of the ordinance in question. The required parts are:

(1) The complaint; and
(2) The abstract of Mayor’s Court record.

(c) The citation shall also contain the following information, or shall have blank spaces in which such information shall be entered:

(1) The name of the court and the court’s docket or file number;
(2) The name of the entity who has brought the action;
(3) The name of the defendant cited for the violation;
(4) The offense charged, with the ordinance provision violated, the time and place of the violation;
(5) The hour and date of the court appearance; and
(6) The fines or bail, if any, fixed for the offense by schedule.

(d) Additionally, the citation may include other identifying and additional information as may be necessary or appropriate for administrative departments of the Village. This may include an indication of whether a verbal or written warning was previously issued to the defendant for the same violation. An oral or written warning is not a prerequisite to the issuing of a citation under this chapter.

(e) The complaint shall contain a form of verification by the enforcement officer to the effect that he or she swears that he or she has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to a Village of Bellaire ordinance or State regulation enforced by this chapter.

(f) Nothing in this section can impede criminal complaints from being filed. A person may be charged jointly on such a complaint where otherwise permitted by law.
(Ord. 2006-18. Passed 6-1-06.)

1325.11 SERVICE FOR THE SUMMONS AND COMPLAINT.

(a) The enforcement officer issuing the citation shall deliver or cause the summons to be delivered to the person cited or to an office of the corporation, if a corporation is cited. The complaint shall then be delivered to the court.

(b) If the defendant cannot be located within the Village of Bellaire, the County law enforcement agency may cause the summons portion of such citation to be served on the person cited by a peace officer or any county in the State of Ohio where the defendant may be found.

(c) Service may be made by personal delivery or service by mail. Service by mail shall be made by mailing a true copy of summons and complaint to the person cited by certified or registered mail, return receipt requested.
(Ord. 2006-18. Passed 6-1-06.)

1325.12 ATTENDANCE, HEARING, DEFAULT.

The violator shall appear in court at the time indicated in the summons, or prior to such time may:

(a) Request a hearing.

(b) Admit the violation of the Village of Bellaire ordinance and give a statement of matters in explanation or mitigation of the violation.

(c) Submit to the court an executed appearance, waiver of hearing, and admission of violation as set forth on the summons, together with cash, check or money order in the amount of the fine or bail set forth on the summons. A statement in explanation or mitigation may also be submitted with the admission of violation of a Village of Bellaire ordinance.

(d) In any case in which the violator personally appears in court at the time indicated in the summons, and the violator desires to admit the violation of the Village of Bellaire ordinance and the court accepts the admission, the court shall hear any statement in explanation or mitigation that the violator so desires to make.

(e) If the violator fails to appear in court at the time indicated in the summons and has not, prior to such time, submitted an executed appearance and waiver hearing to the court, together with cash, check or money order in the amount of the fine or bail set forth in the summons, or requests in writing a continuance of the time to appear in court, the court shall enter a judgment against the violator in an amount equal to the bail set forth in the face of the summons, together with court costs and any special costs.
(Ord. 2006-18. Passed 6-1-06.)

1325.13 EFFECT OF ADMISSION AND STATEMENT OF VIOLATOR.

(a) If a violator has not requested a hearing, but has submitted to the court a written statement in explanation or mitigation of the ordinance violation, the statement constitutes a waiver of hearing and consent to the entry of a judgment against the violator.

(b) If the violator requests a hearing or if the court directs that a hearing be held, the court shall fix the date and time for hearing and unless notice is waived, shall, at least five (5) days in advance if the hearing, mail to the defendant notice of said hearing. The notice shall be set forth as a warning that, in the event that the defendant fails to appear, the court is authorized to issue a warrant of arrest.
(Ord. 2006-18. Passed 6-1-06.)

1325.14 JUDGMENT.

If the defendant admits guilt or if the court finds him/her guilty, the court may direct that a hearing be held. Otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail deposited by the defendant, and remit to the defendant any amount by which the bail exceeds the fine.
(Ord. 2006-18. Passed 6-1-06.)

1325.15 BAIL AND FINES.

The Mayor and the Chief of Police reserve the right to consult with the State and County law enforcement agencies for purposes of bail schedules. Bail is set at:

(a) A minimum of $250 (not to exceed $500) for single offense.

(b) A minimum of $500 (not to exceed $1,000) for a continuing or subsequent offense or for multiple offenses.
(Ord. 2006-18. Passed 6-1-06.)

1325.16 VILLAGE COUNSEL.

The Village of Bellaire Law Director will act as legal counsel for any enforcement proceeding carried out as a result of this chapter. The Law Director may prosecute the violator of a Village ordinance. (Ord. 2006-18. Passed 6-1-06.)

1325.17 OTHER REMEDIES.

The Village of Bellaire may elect to enforce the provision of its ordinances by any other available legal method to take action to abate a nuisance, injunction or abatement.
(Ord. 2006-18. Passed 6-1-06.)

CHAPTER 1331
Permits and Fees

1331.01 Application; approval; fees.
1331.02 Enforcement.
1331.99 Penalty.

CROSS REFERENCES

Fees for plan approval – see Ohio R.C. 3791.07

1331.01 APPLICATION; APPROVAL; FEES.

Before the erection, construction or alteration of any building or structure, or part of same, and before the installation or alteration of the drainage or electric wiring of any building or structure is begun, there shall be submitted to the Director of Public Service, by the owner or his duly authorized agent, an application in duplicate, on appropriate blanks to be furnished by the Director, containing a detailed statement of the specifications, cost and kind of building and the location of same, and the name and address of the contractor who is to perform such work. The plans and specifications are to be in accordance with the latest provisions of the National Building Code. The plans and specifications are to be approved by the Director, and a permit issued before the beginning of the work. It shall be the duty of the Director to approve or reject any plans filed with him pursuant to this section within a reasonable time after they are submitted to him. A copy of the aforesaid application and plans as approved by the Director shall be retained by him, and a copy as approved by him shall be kept at the building during the progress of the work and shall be open to inspection by the Director or his authorized agent. A fee shall be paid into the Department of Public Service for issuing a permit for the erection of a building or for the alteration or repair of a building. The fee shall be paid to the Department as follows: There shall be a minimum fee of ten dollars ($10.00) for the first one thousand dollars ($1,000) of valuation of the proposed erection, construction or alteration, or any fractional part thereof; except the first four hundred dollars ($400.00) shall be exempt; and four dollars ($4.00) for each additional one thousand dollars ($1,000) of valuation of the proposed erection, construction or alteration or fractional part thereof, the fractional part to be charged at the rate of twenty cents (20″) per one hundred dollars or multiples thereof. Valuation of fees shall be based on a copy of the contract supplied to the Village of Bellaire if work is being performed by a contractor. If said work is being done by the property owner or tenant, fees will be based on normal standard expenses for said project. All permits shall expire 60 days after payment and approval by the Code Enforcement Office and permits may be extended for like amount of time for a permit fee of onehalf of initial fee.
(Ord. 2013-22. Passed 10-3-13.)

1331.02 ENFORCEMENT.

The Building Inspector, or his authorized agent, is hereby empowered to enforce all of the provisions of this chapter.
(Ord. 89. Passed 2-16-61.)

1331.99 PENALTY.

Whoever violates any of the provisions of this chapter or whoever builds in violation of any plans and specifications submitted and approved, or in violation of any permit issued thereunder, shall be fined in any sum from five dollars ($5.00) to twenty-five dollars ($25.00) for each and every violation. Each ten days that the violation of the provisions of this chapter continues, shall constitute a separate offense.
(Ord. 89. Passed 2-16-61.)

CHAPTER 1341
Unsafe Buildings

1341.01 Application.
1341.02 Definitions.
1341.03 Procurement for abatement.
1341.04 Notice to abate.
1341.05 Service of notice.
1341.06 Right to make repairs.
1341.07 Appeals.
1341.08 Demolition.
1341.09 Provisions are supplementary.
1341.10 Provisions not exclusive.
1341.99 Penalties.

CROSS REFERENCES

Removal of unsafe structures – see Ohio R.C. 715.26(B), 715.261
Public buildings to be safe – see Ohio R.C. 3781.06
Housing Code – see BLDG. Ch. 1361

1341.01 APPLICATION.

The provisions of this chapter shall apply to all structures as hereinafter designated which are now in existence or which may hereinafter be constructed in the Village of Bellaire.
(Ord. 2009-04. Passed 4-16-09.)

1341.02 DEFINITIONS.

The following terms whenever used or referred to in this chapter have the following meanings, unless a different meaning clearly appears from the context.

(a) “Public nuisance” means any fence, wall, garage, shed, house, building, smokestack, or any excavation, basement, cellar, well, cistern, sidewalk, or part thereof, hereinafter called “structure”, shall be deemed a public nuisance if the condition is insecure, unsafe and/or structurally defective, in which the same is permitted to be or remain endangers the health, life, limb or property, or causes any hurt, harm, damage or injury to any of the inhabitants of the Village in any one or more of the following particulars:

(1) By reason of being detrimental to the general health of the community or to any particular part of the same;
(2) By reason of being a fire hazard;
(3) By reason of being unsafe for occupancy or use;
(4) By reason of continued vacancy thereby resulting in lack of reasonable or adequate maintenance of the structure to such an extent that it is harmful, dangerous or injurious to the area in which it is situated.

(b) “Owner” means an owner of record, lessor, lessee, the mortgagee, the vendee in possession, assignee, receiver, executor, administrator, trustee, or other person, firm or corporation in control of the structure, or authorized agent. Any person representing the owner shall comply with the provisions of this chapter to the same extent as if he were the owner.

(c) “Enforcing Officer”. The Enforcing Officer shall be a person appointed by the Mayor with the advice and consent of the legislative authority of the Village, who shall be a resident of the Village at the time of the appointment and at all times while serving under the appointment, who is hereby empowered by this chapter to carry out the duties prescribed herein and/or otherwise authorized by Ohio R.C. 715.26 and also shall be the person designated by this chapter as the officer authorized to carry out the duties of Ohio R.C. 3929.86 as it pertains to fire loss claims.

(d) “Abate” or “Abatement” means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect a rehabilitation of the structure that is consistent with maintaining safety and habitable conditions over its remaining useful life. “Abatement” does not include the closing or boarding up of any building that is found to be a public nuisance.

(e) “Total Cost” means any costs incurred due to the use of labor, material or equipment of the municipal corporation, any cost arising out of contracts for labor, material or equipment and cost of service of notice or publication required under this chapter.

(f) “Dwelling” means any dwelling, building, structure or part thereof, used or designed to be so used or human habitation or occupancy and includes, but is not limited to, residential dwellings, commercial buildings, garages or storage facilities.

(g) “Unsafe”, means that it is not free from danger or hazard to the life, safety, health or welfare of persons occupying or frequenting it, or of the public and/or from danger of settlement, movement, disintegration, or collapse.
(Ord. 2009-04. Passed 4-16-09.)

1341.03 PROCUREMENT FOR ABATEMENT.

(a) The Village of Bellaire shall contract with a licensed Building Inspector to be compensated in the sum of not more than four hundred dollars ($400.00) for each inspection of a structure suspected of being a public nuisance.

(b) Whenever the Enforcing Officer suspects the existence of a public nuisance as defined in Section 1341.02(a), he shall promptly cause to be inspected the premises on which he suspects such public nuisance to exist. Should he find it probable that a public nuisance does exist, he shall report his findings to Village Council, for Council’s actions in retaining the services of a licensed Building Inspector. The Building Inspector shall cause to be inspected the premises on which it is suspected such public nuisance exists. Written reports of the inspection and of the findings with respect to the existence of a public nuisance shall be filed by the Building Inspector with the Enforcing Officer.

(c) Whenever necessary, the Enforcing Officer and/or the Building Inspector, or their designee, may, upon proper authorization, enter such structures at all reasonable times to inspect same or perform any duties required under this chapter; provided that if such structure is occupied, he shall first present proper credentials and request entry, and if such structure is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the structure and request entry. If any request for entry is refused, then the Enforcing Officer and/or the Building Inspector, or their designee, shall have recourse to every remedy provided by law to secure entry.

(d) Should the Building Inspector and/or his duly authorized agent include in his report that a public nuisance exists, it shall be the duty of the Enforcing Officer and/or Building Inspector to cause photographs of such nuisance to be made and to file and keep in his office his written reports of his findings that a public nuisance exists, as well as the findings of the Building Inspector.
(Ord. 2009-04. Passed 4-16-09.)

1341.04 NOTICE TO ABATE.

(a) As authorized by Ohio R.C. 715.26 the Enforcing Officer shall cause a written notice to be served on the owner, as defined by Section 1341.02(b) stating the findings with respect to the existence of a public nuisance, and stating that unless the owner abates the public nuisance by repair or removal of the structure, the same may be abated by the Village at the expense of the owner. Such abatement shall commence within thirty (30) days after service of the notice and shall be completed within sixty (60) days thereafter or such additional time as the Enforcing Officer may deem necessary to abate the public nuisance. The provisions of this Section are subject to the provisions of Section 1341.06. By authority of Ohio R.C. 715.26, if by virtue of the public nuisance, as determined by the Enforcing Officer and/or Building Inspector, notice may be given other than by certified mail and less than thirty (30) days prior to such removal or repair.

(b) The written notice shall also include the right to make repairs and appeals contained in Sections 1341.06 and 1341.07.
(Ord. 2009-04. Passed 4-16-09.)

1341.05 SERVICE OF NOTICE.

Notice shall be served by certified mail with return receipt requested. If service of notice is not perfected by certified mail, then the Enforcing Officer shall cause such notice to be published in a newspaper of general circulation in the Village, once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists, or if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the premises. The Enforcing Officer shall cause a return of service in the form of an affidavit to be made by the person who served it, which affidavit shall set forth the name and address of the person served, the manner of service and the date thereof.
(Ord. 2009-04. Passed 4-16-09.)

1341.06 RIGHT TO MAKE REPAIRS.

Upon being served a notice to abate a public nuisance, the owner, within fifteen (15) days after service of notice to abate, may submit to the Enforcing Officer, the owner’s plans and specifications, in writing, covering the repairs or replacements necessary to abate the public nuisance so that the Enforcing Officer can determine whether or not the owner’s plans will abate the public nuisance and if said plans are approved by the Enforcing Officer, the Enforcing Officer shall authorize the repair or removal of the nuisance by the owner within the time period as specified in Section 1341.04 of this chapter.
(Ord. 2009-04. Passed 4-16-09.)

1341.07 APPEALS.

(a) The owner, within ten (10) days after completion of service of notice, may make a demand in writing to the Enforcing Officer for a hearing on the question of whether a public nuisance exists. The hearing shall be held before the Village Council at a regularly scheduled meeting within thirty (30) days after the request is made. At least a five (5) day notice, in writing, of the hearing shall be given to the owner.

(b) At the hearing, the appealing party, through the assistance of an attorney, or in person, may first present evidence and/or arguments as to why the finding, made by the Enforcing Officer, that a public nuisance exists should be vacated.

(c) At the hearing the Village shall be represented by its solicitor, who likewise shall then present the Village’s evidence.

(d) At the conclusion of the presentation of evidence and arguments, Council may remand, amend, vacate or affirm the finding that a public nuisance exists.

(e) All members of Council majority present must concur in affirming that a public nuisance, as defined herein, exists before the enforcement of the abatement is carried out. A copy of that portion of the minutes maintained by Village Council that sets forth the decision, by motion, of Council shall be promptly served upon the owner in the manner provided in Section 1341.05.

(f) The address for the Enforcing Office shall be that of the Village, to-wit: Village of Bellaire, 3197 Belmont Street, Bellaire, Ohio 43906. The demand in writing, if mailed, must be post marked within ten (10) days after completion of service of notice, and if hand delivered, must be delivered within said period of time, to the Office of the Mayor, which office shall give a receipt for the written demand for hearing.

(g) The owner, within ten (10) days after completion of service of a copy of the decision of Village Council finding that a public nuisance exists, as provided herein, may appeal the decision to a Court of competent jurisdiction within the County.
(Ord. 2009-04. Passed 4-16-09.)

1341.08 DEMOLITION.

(a) Should the nuisance not be abated at the expiration time stated in this chapter or within such additional time as the Enforcing Officer may grant, or within thirty (30) days after Village Council, upon appeal, finds that a public nuisance exists, the Mayor shall be authorized, at any time thereafter, to enter upon the premises and the owner shall permit the Mayor entry to abate the nuisance by demolition and removal of the structure or by taking any other such action as may be required provided that the requirements of the Ohio R.C. 715.26 have been complied with.

(b) In abating the nuisance, the Mayor may call upon any department of the Village for whatever assistance may be necessary; or may, by private contract, obtain the abatement thereof and the cost of such private contract shall be paid for from the Village funds specifically authorized by this chapter for the abatement of nuisances and for the deposit of monies as provided for by Ohio R.C. 715.26 and 3929.86.

(c) In abating the nuisance, the Mayor may, as authorized by Ohio R.C. 715.26 and on behalf of the municipal corporation, enter into an agreement with the owner to perform the removal or repair of the insecure, unsafe or structurally defective building, under such terms that are not inconsistent with the law.

(d) The total cost of the abatement shall be recovered from the owner as follows:

(1) The owner shall be billed by certified mail for the total cost of the abatement. The cost of the abatement shall be paid within sixty (60) days after receipt of the bill, or with the approval of Council within an extended period of time. Upon failure of payment, the Village is authorized to file suit in the court having appropriate jurisdiction.
(2) Not withstanding, and pursuant to Ohio R.C. 715.261 the clerk of the legislative authority of the Village of Bellaire shall certify the total cost, together with the proper description of the lands, to the County Auditor who shall place the cost upon the tax duplicate. The costs are a lien upon such lands from and after the date of entry. Said costs shall be collected as other taxes and returned to the Village. Said lien shall be a first lien and not subordinate to any liens of prior record upon the Village complying with Ohio R.C. 715.261 with notice requirements.

(e) All costs recovered by the Village for the abatement of nuisances, as well as all fines collected pursuant to Section 1341.11, and all receipts of proceeds as authorized by Ohio R.C. 3929.86 (fire claims) shall be placed in the general fund under line item demolition.
(Ord. 2009-04. Passed 4-16-09.)

1341.09 PROVISIONS ARE SUPPLEMENTARY.

The provisions of this chapter shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the Village, but shall be deemed as supplemental to any authority existing by virtue of the statutes of the State, or any ordinance, resolution or motion heretofore enacted by Council.
(Ord. 2009-04. Passed 4-16-09.)

1341.10 PROVISIONS NOT EXCLUSIVE.

(a) The abatement of nuisances as provided herein shall not be considered an exclusive remedy.

(b) The Village may also impose penalties as provided for in Section 1341.11.

(c) The Village may also maintain an action for other injunctive relief, including the statutory procedure as set forth in Ohio R.C. 3767 and at common law, as well as injunctive relief provided for by Ohio R.C. Chapter 3781.

(d) The Village also has the right to maintain a civil suit against the party maintaining the public nuisance for costs to demolish the structure, prior to the Village incurring the cost to demolish said structure.
(Ord. 2009-04. Passed 4-16-09.)

1341.99 PENALTIES.

Whoever fails to comply with the order to abate the public nuisance shall be fined not more than one hundred fifty dollars ($150.00) commencing with the first day following the expiration of the time provided to abate the nuisance. Each day on which a violation continues shall be deemed a separate offense.
(Ord. 2009-04. Passed 4-16-09.)

CHAPTER 1345
Erosion and Sediment Control

1345.01 Purpose and scope.
1345.02 Terms defined.
1345.03 Regulated activities.
1345.04 Performance standards.
1345.05 Application procedures for ESC Plan.
1345.06 Monitoring for compliance.
1345.07 Variance and appeals.

1345.01 PURPOSE AND SCOPE.

(a) The Village of Bellaire adopts these erosion and sediment control regulations pursuant to Ohio R.C. 307.79 to establish technically feasible and economically reasonable standards to achieve a level of management and conservation practices in order to abate soil erosion and degradation of the waters of the State by soil sediment on land used or being developed for nonfarm commercial, industrial, residential or other non-farm purposes, to establish criteria for determination of the acceptability of such management and conservation practices and to promote the health, safety and well-being of the residents of the Village of Bellaire. Specifically, the regulations are designed to protect:

(1) Adjacent landowners from property loss due to sedimentation, erosion and flooding.
(2) County and municipal ditches, culverts and storm sewers from loss of capacity due to siltation.
(3) Water and habitat quality in streams and wetlands.

(b) These regulations apply to soil disturbing activities on land within the census urbanized areas of the Village Bellaire used or being developed for non-farm commercial, industrial, residential or other non-farm purposes, including, but not limited to, individual or multiple lots, subdivisions, multi-family developments, commercial and industrial developments, recreational products, general clearing and grading projects, underground utilities, highways, building activities on farms, redevelopment of urban areas and all other uses unless expressly excluded as follows:

(1) Activities related to producing agricultural crops or silviculture operations or areas regulated by the Ohio Agriculture Pollution Abatement Rules (H.B. 88).
(2) Strip mining and surface mining operations regulated under Ohio Revised Code.
(3) Normal landscape maintenance activities and gardening/horticulture.
(4) Clearing, excavating, filling or otherwise wholly or partially disturbing less than 1.0 (One) contiguous acre of land; however, areas of less than one contiguous acre are not exempt from compliance with all other provisions of these regulations.
(5) A public highway, transportation, or drainage improvement or maintenance thereof undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the Village of Bellaire, the Belmont County Board of Commissioners or the Chief of the ODNR Division of Soil and Water Conservation.
(Ord. 2006-19. Passed 7-6-06.)

1345.02 TERMS DEFINED.

(a) Interpretation of Terms and Words.

(1) Words used in present tense include the future tense and the singular includes the plural, unless the text clearly indicates the contrary.
(2) The term “shall” is always mandatory and not discretionary. The word “may” is permissive. The term “should” is permissive but indicates strong suggestion.

(b) Words and Terms Defined.

(1) Accelerated Soil Erosion: The increased loss of the land surface that occurs as a result of human activities.
(2) Acre: A unit of measure equaling 43,560 square feet.
(3) Buffer Area: A designated transitional area around a stream or wetland left in a natural, usually vegetated, state so as to protect a stream or wetland from runoff pollution. Construction activities in this area shall be restricted or prohibited based on the sensitivity of the stream or wetland and the recommendation of the Belmont Soil and Water Conservation District.
(4) Channel: A natural bed that conveys water or a ditch excavated for the flow of water.
(5) Critical Area: Any portion of an area subject to this rule; disturbances of which would cause soil erosion and sediment run-off and damage to private properties, water courses, storm sewers or public lands due to topography, soil type, hydrology or proximity of water courses. These areas include, but are not limited to, riparian areas, wetlands and highly erodible soils.
(6) Critical Storm: A storm which is calculated by means of percentage increase in volume of runoff by a proposed development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a development site.
(7) Cut: An excavation that reduces an existing elevation, as in road or foundation construction.
(8) Detention Structure: A permanent storm water management structure whose primary purpose is to temporarily store storm water runoff and release the stored runoff at controlled rates.
(9) Development Areas: A contiguous area owned by one person or persons, or operated as one development unit, and used or being developed for nonfarm commercial, industrial, residential or other institutional construction or alteration which changes the runoff characteristics of a parcel of land.
(10) Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil moving activities, including filling.
(11) Ditch: An open channel, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
(12) Drainage: The removal of excess surface water or groundwater from land by surface or subsurface drains.
(13) Drainage Surface Area: An area, measured in horizontal plane, enclosed by a topographic divide for which surface runoff from precipitation normally drains by gravity into a stream above the specified point of measurement.
(14) Drainage Improvement: An improvement as defined in Ohio R.C. 6131.01, and/or conservation works of improvement as defined in Ohio R.C. Chapters 1511 and 1515.
(15) Drainage Way: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity. See also water course, channel, and stream.
(16) Earth Material: The soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.
(17) Engineer: A professional engineer registered in the State of Ohio.
(18) Erosion: The process by which the land surface is worn away by the action of wind, water, ice, gravity or any combination of those forces.
(19) Erosion and Sediment Control: The control of soil material, both mineral and organic, during soil-disturbing activity to prevent its transport out of the disturbed area by means of wind, water, ice and gravity.
(20) Farm: Land or water devoted to growing crops including nursery stock, and the raising, shearing, feeding, caring for, training and management of livestock and poultry.
(21) Grading: The excavating, filling or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(22) Grassed Waterway: A broad or shallow natural watercourse or constructed channel, covered with erosion resistant grasses or similar vegetative cover, used to convey surface water.
(23) Impervious: That which does not allow infiltration.
(24) Landslide: A rapid mass movement of soil and rock moving downhill under the influence of gravity.
(25) Multi-family development: Apartments, condominiums, duplexes or other similar buildings housing more than one family.
(26) Natural Waterway: A waterway that is part of the natural topography which usually maintains a continuous or seasonal flow during the year and is characterized as being irregular in cross section with a meandering course.
(27) One hundred Year Frequency Storm: A storm that is capable of producing rainfall expected to be equal or exceeded on the average of once in 100 years. It may also be expressed as an exceeded probability with a 1 percent chance being equaled or exceeded in any given year.
(28) Person: An individual, corporation, firm, trust, commission, board, public to private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, federal government or any combination thereof.
(29) Post-Development: The conditions which exist following the completion of the soil-disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of storm water runoff.
(30) Retention Structure: A permanent structure whose primary purpose is to permanently store a given volume of storm water runoff for release by infiltration and/or evaporation.
(31) Sediment: The soils or other surface materials that can be transported or deposited from its site of origin by the action of wind, water, ice or gravity as a product of erosion.
(32) Sedimentation: The deposit of sediment in water bodies.
(33) Sediment Basin: A temporary barrier or other suitable retention structure built across an areas of water flow to intercept runoff and allow transported sediment to settle and be retained prior to discharge into waters of the State.
(34) Sediment Pollution: The degradation of waters of the State by sediment as a result of failure to apply management or conservation practices to abate wind or water soil erosion, specifically in conjunction with soil-disturbing activities of land used or being developed for commercial, industrial, residential or other non-fam purposes.
(35) Sloughing/Slumping: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the soil disturbing activity of man.
(36) Soil Conservation: The use of the soil within the limits of its physical characteristics and protecting it from unalterable limitations of climate and topography.
(37) Soil-Disturbing Activity: A clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or man-made ground cover is destroyed, which may result in, or contribute to, erosion and sediment pollution.
(38) Soil and Water Conservation District: An entity organized under Chapter 1515 of the Ohio Revised Code referring either to the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as the Belmont SWCD.
(39) Soil loss: The soil moved from a given site by the forces of erosion.
(40) Stabilization: The installation of vegetative and/or structural measures to establish a soil cover in order to reduce soil erosion by storm water runoff, wind, ice, and gravity.
(41) Storm Drain: A conduit, pipe or human-made structure, which serves to transport storm water runoff.
(42) Storm Water Management: Runoff water safely being conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
(43) Storm Water Runoff: The direct response of a watershed to precipitation, which includes the surface, and subsurface runoff that enters a stream, ditch, storm sewer, or other concentrated flow during and following the precipitation.
(44) Stream: A body of water running or flowing on the earth’s surface in which flow may be perennial and/or seasonally intermittent.
(45) Subsoil: That portion of the soil below the topsoil or plow layer, beginning 6-12″ below the surface down to the bed rock parent material.
(46) Temporary Soil Erosion and Sediment Control Measures: Interim control measures, which are installed or constructed to control soil erosion or sedimentation until permanent soil erosion control measures are established.
(47) Top Soil: The upper layer of soil that is usually darker in color and richer in organic matter and nutrients than the subsoil.
(48) Unstable Soils: A portion of land surface or area which is prone to slipping, sloughing, landslides or is identified by Natural Resource Conservation Service, USDA methodology as having low soil strength.
(49) Watercourse: A definite channel with bed and banks within which concentrated water flows, either continuously or intermittently.
(50) Watershed: The total drainage area contributing runoff to a single point.
(Ord. 2006-19. Passed 7-6-06.)

1345.03 REGULATED ACTIVITIES.

No person shall cause or allow soil disturbing activities, land clearing, grading, excavating or filling within the scope of these regulations without full compliance with the requirements set forth in these regulations.

(a) When a proposed soil disturbing activity on land used or being developed, either wholly or partially, for non-farm residential, commercial, industrial, or other nonfarm purposes consisting of one (1) or more contiguous acres of land used for the construction of non-farm buildings, structures, utilities, recreational areas or other limited non-farm uses, the owner of said land shall prepare and file with the Belmont County Engineer’s office, or authorized agent, an Erosion and Sediment Control (ESC) plan. Areas of less than one (1) contiguous acre need not have an ESC plan filed but shall not be exempt from compliance from any other provisions of these regulations and shall be subject to any inspection deemed necessary by the Belmont Soil and Water Conservation District.

(b) The ESC plan shall be submitted to the Belmont County Engineer’s office for review no less than thirty (30) working days prior to any soil-disturbing activity at the proposed site.

(c) The ESC plan shall contain a narrative and drawings that explain practices to be used to prevent soil erosion and off-site disposal of soil sediment during and after land development. (See Section 1345.05 for plan requirements and review schedules.)

(d) Erosion and sediment control practices used to satisfy the performance criteria of these regulations shall meet the specifications provided in the current edition of Rainwater & Land Development Manual, Ohio’s Standards for Storm Water Management and Land Development, and Urban Stream Protection, published by the Ohio Department of Natural Resources. (see Section 1345.04 for performance standards and requirements)

(e) The ESC plan shall include all items in Section 1345.05 and shall be accompanied by other natural resource permits and documentation relevant to the project, which may include one or more of the following determined necessary by the Belmont Soil and Water Conservation District Urban Technician:

(1) Proof of compliance with the Ohio Environmental Protection Agency (OEPA) General Storm Water National Pollution Discharge Elimination System (NPDES) Permit. Proof of compliance shall be, but is not limited to, a copy of NPDES General Storm Water Permit Notice of Intent and/or a copy of NPDES General Storm Water Permit Number, and/or a copy of OEPA Director’s Acceptance Letter for NPDES Permit.
(2) Proof of compliance with Section 404 of the Clean Water Act administered by the U.S. Army Corps of Engineers relating to waters of the United States under its jurisdiction. Proof of compliance shall be, but is not limited to, a copy of the U.S. Army Corps of Engineers permit number and/or project approval letter from a U.S. Army Corps of Engineers agent.
(3) Proof of compliance with the Ohio Dam Safety Law administered by ODNR Division of Water. Proof of compliance shall be, but is not limited to, a copy of the ODNR Division of Water permit number and/or project approval letter from the ODNR Division of Water.
(4) Wetland delineation verified by the U.S. Army Corps of Engineers if requested by the Belmont SWCD.

(f) The ESC Plan shall be certified by a professional engineer, or certified erosion and sediment control specialist or landscape architect in the State of Ohio.

(g) The submitted ESC plan must be approved by the Belmont SWCD prior to the start of any soil disturbing activity. The owner of said land shall notify the Belmont SWCD no less than two (2) working days before the start of the soil-disturbing activity. The Belmont SWCD shall also be notified after the completion of the project.

(h) If site is, or is planned, to remain active through winter months, a plan shall be submitted for stabilization as defined in the most current edition of Rainwater and Land Development Manual Ohio’s Standards for Storm Water Management and Land Development and Urban Stream Protection published by the Ohio Department of Natural Resources.

(i) Upon completion of all construction and final stabilization of the entire construction site, the owner or developer of said land shall contact the Belmont SWCD through written notification that construction is complete and final stabilization has been achieved. (Ord. 2006-19. Passed 7-6-06.)

1345.04 PERFORMANCE STANDARDS.

(a) All properties adjacent to the site of soil-disturbing activity shall be protected from soil erosion and sediment runoff and damage, including, but not limited to, private property, natural and artificial waterways, wetlands, storm sewers and public lands.

(b) Construction site erosion and sediment control practices used to satisfy this requirement shall conform, as a minimum, to State of Ohio standards as set forth in the most current edition of Rainwater and Land Development Manual and as defined by the Ohio Department of Natural Resources Division of Soil and Water Conservation and Natural Resource Conservation Service and shall conform to the most current Ohio Environmental Protection Agency, Ohio R.C. Chapter 6111 requirements.

(c) Erosion and sediment control plan approvals issued in accordance with these rules do not relieve the owner or developer of responsibility for obtaining all other necessary permits and/or approvals from federal, state and/or county agencies. If requirements vary, the most stringent requirements shall be followed.

(d) Erosion and sediment control practices at the site, and as identified in the ESC plan, shall comply with the following:

(1) An approved erosion and sediment control plan or approval letter from the Belmont SWCD shall be on location of the site during all times of construction.
(2) Limits to clearing and grading shall be shown on the ESC plans. Limits to clearing and grading shall be clearly marked on site with signage, flagging and/or fencing.
(3) Installation of erosion and sediment perimeter controls as a first action of construction as specified by construction sequence, including but not limited to, protective structures for stream corridors and crossing, wetlands, site entrance, sediment traps and basins, barriers, and diversion dikes.
(4) Concentrated storm water runoff shall pass through a sediment control device before exiting the site boundaries. Concentrated runoff from bare soil areas shall be diverted into a settling pond or sediment control structure or other approved sediment carrier before leaving the site.
(5) Earthen structures such as dams, basins, stream modifications and water diversions shall be seeded and mulched within seven (7) days of completion of installation.
(6) Stabilization of critical areas within 50 feet of any stream or wetland shall be temporarily stabilized within two (2) days of disturbance if area will remain inactive for fourteen (14) days or longer. Construction vehicles shall avoid streams and their buffer areas. If an active drainage way must be crossed by construction vehicles repeatedly during construction, an approved temporary stream crossing shall be constructed. Construction of bridges, culverts or sediment control structures requires special attention and shall be reviewed with the Belmont Soil and Water Conservation District.
(7) Storm sewer inlets shall be protected so that sediment-laden runoff will not enter the storm sewer system without first being filtered and/or treated.
(8) Temporary soil stabilization shall occur within seven (7) days after disturbance of an area if the area will remain idle for longer than thirty (30) days. Permanent soils stabilization shall be installed within seven (7) days after final grade is reached on any portion of the site. Permanent vegetation shall be a ground cover dense enough to cover 80% of the soil surface and mature enough to survive winter weather conditions.
(9) Soil stockpiles shall be stabilized or protected to prevent soil loss. Stabilization shall be required if stockpiles are located within critical areas near streams or wetlands, or if determined by the Belmont SWCD that sediment from stockpiles will leave the site.
(10) A. Unstable soils prone to slipping or sloughing shall not be cleared, graded, excavated, filled or have loads imposed upon them unless the work is planned by a qualified professional engineer and installed in accordance with the ESC plan. Cut and fill slopes shall be designed to minimize erosion problems. B. Adequate slope design includes use of rough soil surface along the face of the slope, water diversion along the top of the slope away from the face, terraces to reduce slope length, delivery of concentrated storm water flows to the base of the slope via adequate channel or pipe, and drainage for water seeps in the slope that endanger slope stability.
(11) Soil shall be removed from parcel surfaces and/or public roads at the end of each day in such a manner that does not create off-site sedimentation in order to ensure safety and abate off-site soil loss. Collected sediments shall be placed in a stable location on-site or taken off-site to a stable location.
(12) Stabilization of drainage ways, outfalls and drainage ways that have been constructed to withstand expected flow velocities and volumes from a post development 5-year return-frequency storm event without eroding.
(13) Reduction of erosive effects of storm water by utilizing and/or maintaining grass swales, infiltration structures and water diversions.
(14) Sediment and erosion controls shall be inspected by the owner or his/her agent every seven days and within 24 hours of 0.5 inch or greater rainfall event during times of construction pre-final stabilization.
(15) Trenches for underground utility lines and pipes shall be temporarily stabilized within seven (7) days if they are to remain inactive for thirty (30) days. Trench dewatering devices shall discharge in a manner that filters soil-laden water before discharging it to a receiving drainage. If seeding, mulching or other erosion and sediment control measures were previously in use they shall be reinstated.
(Ord. 2006-19. Passed 7-6-06.)

1345.05 APPLICATION PROCEDURES FOR ESC PLAN.

(a) The ESC Plan shall be submitted to the Belmont County Engineer’s office thirty (30) days prior to any soil disturbing activity for general clearing projects.

(b) The Belmont SWCD shall review the ESC plan and approve, or return for revision with comments and recommendations for revision, within twenty-one (21) working days after receipt of said plan. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedure for filing a revised plan. At the time of receipt of a revised plan, another 21-day review period shall be commenced.

(c) Approved plans shall remain valid for two years from the date of approval. A copy of the approved plan and its review report shall be forwarded by the Belmont SWCD to any other county department as necessary.

(d) A plan is considered complete when it contains two sets of the following: (Some requirements will be self evident on inspections of site plan.)

(1) Site construction plans intended for contractor’s bid.
(2) Contract information for the owner of the land, the developer and project engineer; project engineer’s certification; project name; and project vicinity map.
(3) Permit verification (when applicable)

A. Jurisdictional wetlands: In areas where jurisdictional wetlands as defined by an on-site delineation verified by the United States Army Corps of Engineers will be effected, a copy of the wetland delineation report shall be submitted with the ESC plan. If an individual permit is required, a copy of that permit, showing project approval and any restrictions that apply to site activities, shall also be submitted. If an individual permit is not required for the proposed project, the owner shall submit proof of compliance with a nationwide permit program as detained under Section 1345.03(f).
B. An Ohio Environmental Protection Agency (OEPA) National Pollutant Discharge Elimination System permit with permit verification number or Notice of Intent shall be submitted with the ESC plan.

(4) Project description: A brief description of the project and types of soil disturbing activities. Note specifically items that are not self-evident from the plan drawings. The project description shall list total project acreage, north arrow and adjacent property boundaries.
(5) Existing site conditions shall be shown in maximum of 1″ = 200′ scale, with contour lines; locations and names of soil type boundaries, vegetation, ditches, springs, streams, lakes, wetlands, woods, agricultural fields; locations of downstream lakes and wetlands within 200′ of project; and, existing drainage patterns including direction of flow and watershed acreage.
(6) Grading plan shall show types of soils and boundaries, limits of disturbance, areas of excavation and fill final contours, and proposed drainage pattern including storm sewer inlets and permanent storm water basins. Basin detail shall be drawn to scale and show volumes and size of contributing drainage area.
(7) Erosion and Sediment Control Plan shall show location, type and construction detail for perimeter controls; sediment settling devices; limits of disturbance; buffers for streams, wetlands, ponds and drainages; seeding mixtures and rates; type and quantity of mulching; and application of water or fertilizer. Erosion and Sediment control plans shall also provide a detailed construction sequence. Updates and/or corrections to schedules and/or sequencing shall be clearly marked or listed on approved plans which shall be located at the site.
(8) Storm water control methods adequate to prevent pollution of public waters by soil sediment from accelerated storm water runoff from development areas.
(9) Contractor’s construction sequence that estimates the time frame on elements related to soil disturbing activities.

A. Initial clearing and grubbing to gain access and installation of perimeter controls within seven (7) days of clearing and grubbing.
B. Clearing and grubbing followed by excavation of sediment traps and basins and temporary soil stabilization for these sediment settling devices within fourteen (14) days of excavation.
C. Maintenance inspection schedule and party responsible for inspection and repair of erosion and sediment control devices.
D. Winter stabilization completion if project is to be through winter.
E. Final grading and permanent soil stabilization within 30 days of finishing final grade.
F. Removal of temporary erosion and sediment control devices.

(Ord. 2006-19. Passed 7-6-06.)

1345.06 MONITORING FOR COMPLIANCE.

(a) All projects following the approval of the ESC plan and beginning of construction shall be subject to inspection by the Belmont SWCD for compliance to these regulations. If it appears that a violation of any of these regulations has occurred, the owner and/or developer will be notified of deficiencies or noncompliance in writing by certified mail, return receipt requested. If within 14 days after receipt of the letter, the owner or developer has not rectified the deficiency or received approval of plans for its correction, the deficiency or non-compliance shall be reported to the Belmont County Storm Water Management Committee for consideration of referral to the Prosecuting Attorney.

(b) If the Belmont County Storm Water Management Committee determines that a violation exists and requests in writing the input of the Prosecuting Attorney of Belmont County, the Prosecuting Attorney shall seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with these regulations. In granting relief, a court may order the construction of sediment control improvements or implementation of other control measures.

(c) The Belmont SWCD shall have the authority to make immediate on-site adjustments to the ESC plan in order to achieve compliance with these rules.

(d) A final inspection will be made to determine if the criteria of these regulations have been satisfied and a report will be presented to the Belmont Storm Water Management Committee on the site’s compliance status.

(e) The Belmont SWCD will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land less than (1) one contiguous acre to ensure compliance required by these regulations.
(Ord. 2006-19. Passed 7-6-06.)

1345.07 VARIANCE AND APPEALS.

(a) The Belmont County Commissioners shall appoint an Appeals Board consisting of three members. The members shall serve (2) two year terms after which they shall be reappointed or replaced by the committee. Each member shall serve until his or her successor is appointed.

(b) A chairperson shall be elected by the members of the Appeals Board. Meetings of the Appeals Board shall be held as needed and shall be held at the call of the chairperson, or in his absence, the acting chairperson. All meetings of the Appeals Board shall be open to the public except that the Board may deliberate in executive sessions as part of quasi-judicial hearings in accordance with the law. The Appeals Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of all official actions. Records of the appeals shall be kept at the Belmont Soil and Water Conservation District office.

(c) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Urban Technician or the Storm Water Management Committee in the administration or enforcement of these regulations. The Appeals Board shall authorize variances in accordance with these regulations.

(d) The Storm Water Management Appeals Board may grant a variance to these regulations if all of the following exist:

(1) There are exceptional or extraordinary circumstances or conditions applying to the land.
(2) Literal enforcement of the regulations would cause undue hardships or practical difficulties.
(3) The exceptional or extraordinary circumstances or conditions and the undue hardship or practical difficulties were not the result of any prior actions of the owner of the land.
(4) The variance is necessary for the preservation and enjoyment of substantial property rights of the owner of the land.
(5) The variance will not be a substantial detriment to adjacent land and will not materially impair the purpose of these regulations.

(e) Adverse economic conditions shall not be a valid reason to grant a variance.

(f) A request for a variance shall be in writing and shall state specifically the reasons for the request and shall include all data and information in support of request. The request shall be reviewed and approved, disapproved or approved with modifications within (30) working days.
(Ord. 2006-19. Passed 7-6-06.)

CHAPTER 1353
Flood Damage Reduction

1353.01 General provisions.
1353.02 Definitions.
1353.03 Administration.
1353.04 Use and development standards for flood hazard reduction.
1353.05 Appeals and variances.
1353.06 Enforcement.

CROSS REFERENCES

Basis of zoning districts – see Ohio R.C. 713.10
Levees – see Ohio R.C. 717.01
Marking flood areas – see Ohio R.C. 1521.14
Ohio Water Commission – see Ohio R.C. 1525.01 et seq.
Conservancy districts, purpose – see Ohio R.C. 6101.04

1353.01 GENERAL PROVISIONS.

(a) Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Council of the Village of Bellaire, State of Ohio, does ordain as follows:

(b) Findings of Fact. The Village of Bellaire has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.

(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which service such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the Village of Bellaire as identified in subsection (f) hereof, including any additional areas of special flood hazard annexed by the Village of Bellaire.

(f) Basis for Establishing the Areas of Special Flood Hazard. For purposes of these regulations, the following studies and/or maps are adopted:

(1) Flood Insurance Study for Belmont County, Ohio and Incorporated Areas, effective date April 5, 2006. Flood Insurance Rate Maps for Belmont County, Ohio and Incorporated Areas, effective date April 5, 2006.
(2) Other studies and/or maps which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the Village of Bellaire as required by Section 1353.04(c). Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Municipal Building, Village of Bellaire, 3197 Belmont Street, Bellaire, Ohio 43906.

(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances (resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (resolution), the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:

(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the Village of Bellaire, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2006-01. Passed 2-2-06.)

1353.02 DEFINITIONS.

Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.

(a) Accessory Structure: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

(b) Appeal: A request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.

(c) Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.

(d) Base (100-Year) Flood Elevation (BFE): The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).

(e) Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

(f) Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

(g) Enclosure Below the Lowest Floor: See “Lowest Floor.”

(h) Executive Order 11988 (Floodplain Management): Issued by the President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practical alternative.

(i) Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.

(j) Fill: A deposit of earth material placed by artificial means.

(k) Flood or Flooding: a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(l) Flood Hazard Boundary Map (FHBM): Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

(m) Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

(n) Flood Insurance Risk Zones: Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

(1) Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100- year flood; base flood elevations are determined.
(3) Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.

(o) Flood Insurance Study (FIS): The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

(p) Flood Protection Elevation: The Flood Protection Elevation, or FPE, is the base flood elevation plus zero [0] feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.

(q) Floodway:

(1) A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
(2) The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

(r) Freeboard: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershsed.

(s) Historic structure: Any structure that is:

(1) Listed individually in the National Register of Historic Places ( a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio Historic Preservation Office.
(4) Individually listed on the inventory of historic places maintained by the Village of Bellaire whose historic preservation program has been certified by the Ohio Historic Preservation Office.

(t) Hydrologic and Hydraulic Engineering Analysis: An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

(u) Letter of Map Change(LOMC): A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC’s are broken down into the following categories:

(1) Letter of Map Amendment(LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard areas. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

(v) Lowest Floor: The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

(w) Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.

(x) Manufactured Home Park: As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

(y) National Flood Insurance Program (NFIP): The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.

(z) New Construction: Structures for which the “start of construction” commenced on or after the initial effective date of the Village of Bellaire Flood Insurance Rate Map, 1984. and includes any subsequent improvements to such structures.

(aa) Person: Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. “Agency” does not include the general assembly, the controlling board, the adjutant general’s department, or any court.

(bb) Recreational Vehicle: A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be selfpropelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(cc) Registered Professional Architect: A person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.

(dd) Registered Professional Engineer: A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.

(ee) Registered Professional Surveyor: A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.

(ff) Special Flood Hazard Area: Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, Al-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

(gg) Start of Construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

(hh) Structure: A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

(ii) Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(jj) Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include:

(1) Any improvement to a structure which is considered “new construction,”
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

(kk) Variance: A grant of relief from the standards of these regulations consistent with the variance conditions herein.

(ll) Violation: The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 2006-01. Passed 2-2-06.)

1353.03 ADMINISTRATION.

(a) Designation of the Floodplan Administrator. The Village Administrator or his designee is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

(b) Duties and Responsibility of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1353.01(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development’s location. Such applications shall include, but not be limited to:

(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

A. Floodproofing certification for non-residential floodproofed structure as required in Section 1353.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1353.09(d)(5) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1353.04(i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1353.04(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1353.04(i)(1).
F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1353.04(c).

(6) A Floodplain Development Permit Application Fee set by the schedules of fees adopted by the Village of Bellaire is based upon the fee schedule established and structured by the Village of Bellaire’s Mayor’s Office and Code Enforcer.

(e) Review and Approval of a Floodplain Development Permit Application.

(1) Review.

A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:

(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner’s representative.
(2) For all development activities subject to the standards of Section 1353.03(j)(1), a Letter of Map Revision.

(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 1353.05 of these regulations.

(i) Exemption from Filing a Development Permit.

(1) An application for a floodplain development permit shall not be required for:

A. Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
B. Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
C. Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
D. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
E. Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988-Floodplain Management.

(2) Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of Bellaire flood maps, studies and other data identified in Section 1353.01(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(1) Requirement to submit new technical data.

A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1353.04(c).

B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1353.03(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

Proposed floodway encroachments that increase the base flood elevation; and
Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1353.03(j)(1)A.

(2) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the Village of Bellaire, and may be submitted at any time.
(3) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of Bellaire have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Village of Bellaire Flood Insurance Rate Map accurately represent the Village of Bellaire, Ohio boundaries, include within such notification a copy of a map of the Village of Bellaire suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of Bellaire has assumed or relinquished floodplain management regulatory authority.

(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data snail be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1353.05.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

(l) Substantial Damage Determination.

(1) Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

A. Determine whether damaged structures are located in special flood hazard areas;
B. Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
C. Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

(2) Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 2006-01. Passed 2-2-06.)

1353.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.

The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1353.01(f) or 1353.03(k)(1):

(a) Use Regulations.

(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the Village of Bellaire is allowed provided they meet the provisions of these regulations.
(2) Prohibited Uses.

A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.

(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1353.03(j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1353.04(c)(4).

(d) Residential Structures.

(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of subsection (d) hereof.

(e) Nonresidential Structures.

(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (d)(1)-(3) and (5)-(7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with subsection (c)(2)A. and B.

(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of subsection (d)(5)C.;

(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:

(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of subsection (d) hereof.

(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

(1) Development in Floodways.

A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

Meet the requirements to submit technical data in Section 1353.03(j)(1);
An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
Concurrence of the Mayor of the Village of Bellaire and the Chief Executive Officer of any other communities impacted by the proposed actions.

(2) Development in riverine areas with Base Flood elevations but No Floodways.

A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but not floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
Subsection (i)(1)B.2., items 1. and 3.-5.

(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the “bankfull stage.” The field determination of “bankfull stage” shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration of relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the Village of Bellaire specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1353.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 2006-01. Passed 2-2-06.)

1353.05 APPEALS AND VARIANCES.

(a) Appeals Board Established.

(1) The Council of the Village of Bellaire shall appoint an Appeals Board consisting of five members known as the Appeal and Review Board. Three members shall serve four years and two members two years after which time they shall be reappointed or replaced by the Council of the Village of Bellaire. Each member shall serve until his/her successor is appointed.
(2) A chairperson shall be elected by the members of the Appeals Board. Meetings of the Appeals Board shall be held as needed and shall be held at the call of the Chairperson, or in his absence, the Acting Chairperson. All meetings of the Appeals Board shall be open to the public except that the Board may deliberate in executive sessions as part of quasi-judicial hearings in accordance with law. The Appeals Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of all official actions. Records of the Appeals Board shall be kept and filed in the Village Council Chambers.

(b) Powers and Duties.

(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(2) Authorize variances in accordance with subsection (d) hereof,

(1) Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within ten (10) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator’s decision was made to the Appeals Board.
(2) Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

(1) Application for a Variance.

A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. All applications for a variance shall be accompanied by a Variance Application Fee set in the schedule of fees adopted by the Village of Bellaire based upon the fee schedule established and structured by the Village of Bellaire Code Enforcement Department. “

(2) Notice for Public Hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for .a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.

(3) Public Hearing.

A. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
The necessity to the facility of a waterfront location, where applicable.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

B. Variances shall only be issued upon:

A showing of good and sufficient cause. .
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
A determination that the structure or other development is protected by methods to minimize flood damages.
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

C. Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.

(4) Other Conditions for Variances.

A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection (d)(3)A.1. to 11. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. 3. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(e) Procedure at Hearings.

(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

(f) Appeal to the Court.

Those aggrieved by the decision of the Appeals Board may appeal such decision to the Belmont County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 2006-01. Passed 2-2-06.)

1353.06 ENFORCEMENT.

(a) Compliance Required.

(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1353.03(i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection (c) hereof.

(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:

(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned provided by the laws of the Village of Bellaire. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Bellaire from taking such other lawful action as is necessary to prevent or remedy any violation. The Village of Bellaire shall prosecute any violation of these regulations in accordance with the penalties stated herein. (Ord. 2006-01. Passed 2-2-06.)

CHAPTER 1355
Registration of Contractors

1355.01 Registration required.
1355.02 Definitions.
1355.03 Application for registration.
1355.04 Qualifications.
1355.05 Fees.
1355.06 Suspension.
1355.07 Appeals.
1355.08 Exemptions.
1355.99 Penalty.

CROSS REFERENCES

Power to license – see Ohio R.C. 715.27

1355.01 REGISTRATION REQUIRED.

All persons, firms, corporations, partnerships or any combination thereof, engaged as a
contractor as hereinafter defined, shall be required to register for all trade engaged within the
Village before performing any work within the Village and shall be subject to all the provisions
of this chapter.
(Ord. 96-015. Passed 6-20-96.)

1355.02 DEFINITIONS.

For purposes of this chapter, the following definitions shall apply:

(a) “Contractor” means a person, firm, corporation, partnership, or any combination thereof, who engages for hire in construction or improvements within the Village in one or more trade categories, whether acting for themselves or others, and whether such trade is being performed by themselves, their employees or under subcontract. In the event that the one trade category is under subcontract, no work shall be performed until the subcontractor is registered by the Village.

(b) “Trade” means any field of work requiring special skill or involving the use of specialized building crafts and includes the following:

(1) Masonry, which includes, but is not limited to, brick laying, block laying, concrete and cement, asphalt work and paving.
(2) Carpentry, which includes, but is not limited to, woodworking, siding, roofing and windows.
(3) Heating, tinning, central air conditioning and sheet metal work.
(4) Wall covering, which includes, but is not limited to, plastering, dry wall, taping, insulating and lath work.
(5) Excavation, which includes, but is not limited to, sanitary sewer work, storm sewer work and general excavating, earth moving and grading.
(6) Structural iron work for new construction.
(7) Sign erection.
(8) Swimming pool installation for all pools installed below grade.
(9) Any work that the Code Administrator deems to fit into the registration procedure for contractors.
(Ord. 96-015. Passed 6-20-96.)

1355.03 APPLICATION FOR REGISTRATION.

Application for registration shall be made to the Code Administrator on forms provided therefor.
(Ord. 96-015. Passed 6-20-96.)

1355.04 QUALIFICATIONS.

The following qualifications for registrations shall apply:

(a) The applicant shall submit certified copies of Workers” Compensation and liability insurance coverage with minimum coverage limits of three hundred thousand dollars ($300,000).

(b) All registrations shall be valid for a period of one calendar year from the date of issue. Renewal of registrations may be commenced thirty days prior to the expiration date.
(Ord. 96-015. Passed 6-20-96.)

1355.05 FEES.

Upon the approval of the application for registration, and before a certificate is issued, the following fees shall apply:

Initial fee for 1996	$25.00
Annual renewal fee	$25.00

(Ord. 96-015. Passed 6-20-96.)

1355.06 SUSPENSION.

Registration may be suspended by the Code Administrator upon giving written notice to that effect to the contractor for any of the following reasons:

(a) Violation of any provision of this chapter or any law or the Building Code.

(b) Misrepresentation of material fact in order to become registered, or in the renewal of registration.

(d) Use of registration to obtain a permit for another.

(e) Failure or refusal to correct a violation of the Building Code within a prescribed period of time or to correct incompetent work as ordered by the Code Administrator.

(f) For any other reason that is determined to be adverse to the health, safety and welfare of the citizens of the Village.
(Ord. 96-015. Passed 6-20-96.)

1355.07 APPEALS.

(a) The Village Administrator shall hear all appeals of a decision to suspend registration by the Code Administrator.

(b) Persons, firms or corporations aggrieved by the decision of the Code Administrator may, within five working days of the date of receipt of notice of suspension, appeal to the Village Administrator by filing with the Code Administrator written notice of appeal, specifying the reasons therefor.

(c) The Village Administrator, within three working days of the date of receipt of the appeal by the Code Administrator, shall afford a public meeting upon such appeal. The Village Administrator shall at that meeting affirm or reverse the decision of the Code Administrator.

(d) The Village Administrator shall affirm the decision of the Code Administrator unless he finds:

(1) That the Code Administrator erred as a matter of law; or
(2) That the decision is not supported by reliable or probative evidence.

(e) Any party aggrieved by the decision of the Village Administrator may appeal to Council for final judgement by filing written notice thereof to the Village Clerk within thirty days of the date of the decision by the Village Administrator. Council shall make a decision within thirty days.

(f) No person shall do any work authorized by a certificate of registration when the same is suspended or revoked.
(Ord. 96-015. Passed 6-20-96.)

1355.08 EXEMPTIONS.

Persons exempt from registration shall be as follows:

(a) Homeowners. No provision or provisions of this chapter shall be construed to require that a bona fide owner of a one, two or three-family dwelling be registered, who personally will perform work upon his premises. Homeowners, however, shall be required to obtain all necessary permits. Such work shall be performed in accordance with the Building Code and according to plans and specifications filed with the application for permit.

(b) Government Agencies; Public Utilities; Private Organizations. Provisions of registration shall not apply to federal, state, county or municipal governmental agencies, public utilities furnishing services to the Village under municipal-utility franchise agreements, or to industrial, commercial or institutional organizations. A maintenance department, doing work within the provisions of the Building Code, is provided for except that should work covered by the Building Code be contracted to outside concerns, then such contractors shall be registered with the Village as provided herein.
(Ord. 96-015. Passed 6-20-96.)

1355.99 PENALTY.

Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00). Each day such violation continues shall constitute a separate offense.
(Ord. 96-015. Passed 6-20-96.)

CHAPTER 1357
Demolition of Structures

1357.01 Definitions.
1357.02 License and permit required.
1357.03 Application; fees.
1357.04 Insurance.
1357.05 Demolition permit.
1357.06 Issuance of permit.
1357.07 Permit fees.
1357.08 Notice and prosecution of work.
1357.09 Completion.
1357.10 Reconciliation with other codes.
1357.11 Noncompletion.
1357.12 Permit compliance.
1357.13 Exceptions.
1357.14 On-site burning.
1357.99 Penalty.

CROSS REFERENCES

Removal of unsafe buildings – see Ohio R.C. 715.26 et seq.
Unsafe structures – see BLDG. Ch. 1341

1357.01 DEFINITIONS.

As used in this chapter, the following words and phrases shall have the meanings ascribed to them, unless the context clearly requires otherwise:

(a) “Demolish” or “demolition” means the tearing down or removal so as to require reassembly as new construction, if rebuilt, of any building or structure permanently affixed to the soil whose original construction cost was five hundred dollars ($500.00) or more.

(b) “Original construction cost” means the fair market value of the building or structure at the time of its original construction.

(c) “Permanently affixed to the soil” means construction or erection so designed as to not anticipate removal from the original site during the reasonable life of the building or structure.

(d) “Person” includes an individual, partnership, firm, association or corporation.
(Ord. 96-16. Passed 8-5-96.)

1357.02 LICENSE AND PERMIT REQUIRED.

No person nor any employee of such person shall demolish or undertake to demolish or represent himself as having the capability of demolishing any building or other construction unless he has been licensed as a demolition contractor, and no person shall demolish or undertake to demolish any building or other structure unless he has secured or caused to be secured a permit for such demolition under the provisions of this chapter.
(Ord. 96-16. Passed 8-5-96.)

1357.03 APPLICATION; FEES.

Application for a demolition contractor’s license shall be made to the Safety Department. The fee upon original application for a demolition contractor’s license is twenty-five dollars ($25.00), and the license shall be valid for one calendar year. If the license is renewed prior to its expiration, the renewal fee is also twenty-five dollars ($25.00) per year.
(Ord. 96-16. Passed 8-5-96.)

1357.04 INSURANCE.

Prior to engaging in any demolition operations, a demolition contractor shall have on file with the Service Department evidence that he has current comprehensive liability insurance at not less than the following limits:

(a) Bodily Injury Liability:
$50,000 – each person
$300,000 – each accident.

(b) Property Damage Liability (except automobile).
$100,000 – each accident.
(Ord. 96-16. Passed 8-5-96.)

1357.05 DEMOLITION PERMIT.

Application by any person for a demolition permit shall be in the form prescribed by, and filed with, the Service Department. Such application shall describe the demolition to be accomplished and shall designate the manner, method and equipment to be used. Application shall be made by the owner or the contractor employed to conduct such demolition, or the agent of either; unless made by the owner, the applicant shall evidence his authority to make application by means of duly verified affidavit of the owner. The application shall indicate the date upon which the demolition is intended to begin and the probable date of completion thereof.
(Ord. 2013-20. Passed 10-3-13.)

1357.06 ISSUANCE OF PERMIT.

Prior to the issuance of the permit, the Code Enforcement Office shall determine that the proposed method of demolition is in accordance with good engineering practices: that the contractor or owner has the necessary and proper means and equipment to accomplish the demolition in accordance with the manner, method and equipment specified in the application; and that the demolition contractor has filed the evidence of insurance required herein. Upon each determination and the payment of the permit fees, the Code Enforcement Office shall issue the permit. No permit or allowance of demolition shall be issued unless utilities owned or governed by the Village of Bellaire are paid and current without the written authorization from Village Administrator or Mayor. Permit will expire 60 days from payment and issue. Additional time may be granted with the approval of Code Enforcement Office after a petition for a new permit and justifiable reasoning for delay in demolition and removal.
(Ord. 2013-20. Passed 10-3-13.)

1357.07 PERMIT FEES.

The fees for demolition permits shall be at the rate of thirty-five dollars ($35.00) per structure plus, in the case of buildings, twenty cents ($.20) for each one hundred square feet of floor surface based on Belmont County Auditor report.
(Ord. 2013-20. Passed 10-3-13.)

1357.08 NOTICE AND PROSECUTION OF WORK.

The contractor or owner shall give the Service Department twenty-four hours notice before commencing demolition work under any permit. He shall carry out the work in an orderly manner and without unnecessary delay. The Safety Director may require a temporary cessation of any demolition work during rush hours or at other times when such work requires use of public rights of way and continuation thereof would be especially hazardous. All water meters and remotes will be removed and returned to the Village prior to demolition.
(Ord. 96-16. Passed 8-5-96.)

1357.09 COMPLETION.

Demolition of any building or structure under any permit shall not be considered complete until:

(a) The contractor or resident-owner has removed all lumber, rubble and other building or structural materials and debris from the premises, or, at the owner’s request, has piled it neatly upon the premises in such a manner as not to constitute a public nuisance, hazard or possible rodent harborage;

(b) The contractor or resident-owner has broken and removed all foundations or slabs (to not less than one foot below the ground surface) and shall have filled all basements, trenches or other depressions with compacted earth, graded neatly to existing ground level, unless a building permit shall have been issued for a structure which will make use of the foundation or slab remaining after demolition; and

(c) The Service Department has issued to the contractor or resident-owner a certificate of final inspection, which certificate shall be issued when the provisions of this section have been satisfied.
(Ord. 96-16. Passed 8-5-96.)

1357.10 RECONCILIATION WITH OTHER CODES.

(a) The provisions of this chapter shall not be construed so as to permit a violation of the Zoning Code, Housing Code or other ordinances of the Village.

(b) Notwithstanding the provisions of the Zoning Code or any other ordinance of the Village as pertains to the valid period of a building permit, any building permit secured which will make use of the foundation or slab referred to above shall require the beginnings of construction within thirty days of its issuance. All openings at or below grade shall be barricaded and protected with warning devices.
(Ord. 96-16. Passed 8-5-96.)

1357.11 NONCOMPLETION.

It shall be a violation of this chapter for any person to fail to comply with the provisions of this chapter within three days after a structure or building has been demolished.
(Ord. 96-16. Passed 8-5-96.)

1357.12 PERMIT COMPLIANCE.

No person shall demolish a building or structure other than in accordance with the method of demolition set forth in an approved application for a demolition permit.
(Ord. 96-16. Passed 8-5-96.)

1357.13 EXCEPTIONS.

The provisions of this chapter which require the holding of a demolition contractor’s license and the filing of evidence of liability insurance coverage shall not be applicable to the owner of any parcel or land desiring to demolish any building or structure which is situated upon the parcel of land being occupied as the residence of such owner, and when the demolition is to be executed personally by such owner.

Such resident-owner shall otherwise comply with all of the requirements of this chapter as though he were a duly licensed demolition contractor.
(Ord. 96-16. Passed 8-5-96.)

1357.14 ON-SITE BURNING.

No person shall burn any of the lumber, rubble, debris or other building or structural materials created by the demolition of any building or structure on the site of such demolition.
(Ord. 96-16. Passed 8-5-96.)

1357.99 PENALTY.

(a) Whoever violates any provision of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months, or both.

(b) Each day of any violation of any provision of this chapter shall be punishable as a separate offense.

(c) In addition to any other penalties provided for violations of this chapter, the Service Department shall have the right to suspend or revoke any demolition contractor’s license or any demolition permit issued under this chapter. Appeal and review of such revocation shall be in accordance with the review provided in the Zoning Code.
(Ord. 96-16. Passed 8-5-96.)

TITLE FIVE – Housing

Chap. 1361. Housing Code.
Chap. 1371. Rental Housing Code.

CHAPTER 1361
Housing Code

1361.01 Adoption of BOCA Code.
1361.02 Definitions.
1361.03 Minimum standards for basic equipment and facilities.
1361.04 Minimum standards for light, ventilation and heating.
1361.05 Minimum standards for safety from fire.
1361.06 Minimum standards for space, use and location.
1361.07 Minimum standards for safe and sanitary maintenance.
1361.08 Minimum standards for cooking equipment.
1361.09 Responsibilities of owners and occupants.
1361.10 Inspection of and access to dwellings.
1361.11 Notices and appeals.
1361.12 Abatement of violations.
1361.13 Conflicting provisions.
1361.14 Severability.
1361.15 Inspection.
1361.99 Penalty.

CROSS REFERENCES

Power to regulate building sanitation – see Ohio R.C. 715.29
Health, safety and sanitation – see GEN. OFF. Ch. 517
Trailers and trailer camps, safety and sanitary conditions – see BUS. REG. 775.02; P. & Z. Ch. 1149
Unsafe buildings – see BLDG. Ch. 1341

1361.01 ADOPTION OF BOCA CODE.

Pursuant to Ohio R.C. 731.231 the BOCA Basic Housing Code, 1970 edition, recommended by the Building Officials and Code Administrators, International, Inc. is hereby adopted save and except such portions as are hereinafter deleted, modified or amended.
(Ord. 644. Passed 11-16-72.)

1361.02 DEFINITIONS.

As used in this chapter, the following terms have the indicated meanings:

(a) “Basement” means a portion of any dwelling located partly underground but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

(b) “Cellar” means a portion of any dwelling having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

(c) “Dwelling” means a building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

(d) “Dwelling unit” means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

(e) “Habitable room” means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets and storage spaces.

(f) “Multi-family dwelling” means any dwelling or part thereof containing three or more dwelling units.

(g) “Occupant” means any person, including an owner or operator, over one year of age living and sleeping in a dwelling unit or rooming unit.

(h) “Openable area” means the part of a window or door which is available for unobstructed ventilation, and which opens directly to the outdoors.

(i) “Operator” means any person having charge, care, management or control of any dwelling or part thereof, in which dwelling units or rooming units are let.

(j) “Owner” means any person who, alone, jointly or severally with others:

(1) Holds legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

(k) “Person” means an individual, firm, corporation, association or partnership.

(l) “Plumbing” or “plumbing fixtures” means water-heating facilities, water pipes, garbage disposals units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and other similar supply fixtures, together with all connections to water, sewer or gas lines.

(m) “Premises” means a lot, plot or parcel of land including the buildings and structures thereon.

(n) “Extermination” means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or marking inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Police Officer.

(o) “Public Officer” means the Health Commissioner of the Board of Health of the Village, the Code Administrator, the Building Code Administrator, the Zoning Inspector, the Building Inspector or their authorized representative.
(Ord. 976. Passed 10-2-80.)

(p) “Approved” means in accordance with regulations established by the Board of Health.
(Ord. 368. Passed 4-6-67.)

1361.03 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES.

No person shall occupy as owner-occupant or shall let to another for occupancy, any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for basic equipment and facilities:

(a) Every dwelling unit shall contain a room, separate from the habitable rooms, which affords privacy and which is equipped with a flush water closet and a lavatory basin;

(b) Every dwelling unit shall contain a room, separate from the habitable rooms, which affords privacy, to a person in the room, and which is equipped with a bathtub or shower;

(d) Every kitchen sink, lavatory basin and bathtub or shower, required by this chapter, shall be properly connected with both hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amout of water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than 120 degrees Fahrenheit even when the dwelling heating facilities required by Section 1361.04(e) are not in operation;

(e) All plumbing fixtures required by this section shall be properly connected to both an approved water and sewerage system;

(f) Every dwelling unit shall have approved garbage and rubbish storage or disposal facilities. In every multi-family dwelling, such facilities shall be placed in an approved location; and

(g) No owner, operator or occupant shall cause any service, equipment or utility which is required by this chapter, to be removed, shut off or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies.
(Ord. 368. Passed 4-6-67.)

1361.04 MINIMUM STANDARDS FOR LIGHT, VENTILATION AND HEATING.

(a) Every habitable room shall have a window or skylight opening directly to the outside. The total area of such window shall not be less than ten percent of such room. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent of the total floor area of such room. All windows and skylights shall be enclosed with glass and shall be provided with suitable hardware and sash cords and made to open to at least forty-five percent of the minimum window area size or minimum skylight-type window, except where there is supplied some other device affording adequate ventilation and approved by the Public Officer. Every dwelling, habitable room and hall shall be equipped with a safe, artificial lighting service, and all electrical wiring, outlets and fixtures thereof shall be installed and maintained in accordance with the provisions of local municipal ordinances and statutes of the State.

(b) Every bathroom and water closet compartment shall have at least one window facing the outdoors and having a minimum openable area of four percent of the floor area of such room, except where there is supplied some other device approved by the Board of Health to afford adequate ventilation.

(c) Every laundry room shall have a minimum openable area of at least two square feet, except where there is supplied some other device approved by the Board of Health as affording adequate ventilation.

(d) Every dwelling shall be supplied with electricity, within such dwelling as follows:

(1) Every habitable room shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture;
(2) Every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture; and
(3) Every outlet and fixture shall be properly installed and maintained in good and safe working condition.

(e) Every dwelling shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its wall to a temperature of at least seventy degrees Fahrenheit at a location to be established by the Board of Health, under ordinary minimum winter conditions.
(Ord. 368. Passed 4-6-67.)

1361.05 MINIMUM STANDARDS FOR SAFETY FROM FIRE.

No person shall occupy as owner-tenant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for safety from fire:

(a) No dwelling unit or rooming unit shall be located within a building containing any establishment which handles, dispenses or stores flammable liquids in any quantity which endangers the lives of the occupants;

(b) Every dwelling unit and every rooming unit shall have a safe, unobstructed means of egress leading to a safe and open space at ground level;

(c) Every hallway, stairway, corridor, exit, fire escape door and other means of egress shall be kept clear at all times.

(d) Storage rooms and storage lockers shall not be used for storage of junk, rubbish or waste;

(e) Closets or storage areas beneath stairways are prohibited in any multi-family dwelling or any rooming house; and

(f) There shall be at least two means of egress available from each story of every multi-family dwelling and every rooming house, if the dwelling is four or more stories in height or is three stories in height and has at least five habitable rooms on the third story. A basement used as a dwelling unit shall not count as a story for the purposes of this section.
(Ord. 368. Passed 4-6-67.)

1361.06 MINIMUM STANDARDS FOR SPACE, USE AND LOCATION.

No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for space, use and location:

(a) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant; at least 100 square feet of additional habitable floor area for each of the next three occupants; and at least seventy-five square feet of additional habitable floor area for each additional occupant.

(b) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor area for each occupant twelve years of age and over, and at least thirty-five square feet of floor area for each occupant under twelve years of age.

(c) Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than ten percent of the required habitable floor area. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.

(d) For the purpose of this section, a person under one year of age shall not be counted as an occupant.

(e) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a sleeping room can be had only by going through a bathroom or water closet compartment.

(f) No sleeping room shall be occupied by more than two adults, except that one child under eight years of age in addition to two adults may be permitted, and rooms occupied by persons of the same sex or by children under twelve years of age may be occupied by more than two persons, where space permits.

(g) No cellar shall be used as a habitable room or dwelling unit.

(h) No basement shall be used as a habitable room or dwelling unit unless:

(1) The floors and walls are substantially water-tight;
(2) The total window area, total openable area and ceiling height are in accordance with this chapter; and
(3) The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells or accessways.

(i) No owner or occupant of a dwelling shall permit the use of any room for sleeping purposes which is commonly known as the kitchen and/or any room that is used for the cooking and preparing of food and/or serving and consumption of food.

(j) No owner or occupant shall permit the use of any room for sleeping purposes which is used as a storage closet, utility or work room and/or any hallway, passageway or foyer.
(Ord. 368. Passed 4-6-67.)

1361.07 MINIMUM STANDARDS FOR SAFE AND SANITARY MAINTENANCE.

(a) Every foundation, exterior wall and exterior roof shall be substantially weather-tight, watertight and rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(b) Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(c) Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent-proof, and shall be kept in sound working condition and good repair.

(d) Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

(e) Every plumbing fixture shall be properly installed and maintained in sanitary working condition, free from defects, leaks and obstructions and in accordance with the Plumbing Code for the Village.

(f) Every water closet compartment shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(g) Every supplied facility, piece of equipment or utility which is required under this chapter, and every chimney and smokepipe, shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition.

(h) Every yard shall be properly graded to obtain thorough drainage and to prevent the accumulation of stagnant water.

(i) During that portion of each year when, as determined by the Board of health, it is necessary for protection against mosquitoes, flies and other insects, every door opening directly from any dwelling to outdoor space shall be supplied with a screen together with a self-closing device in good working condition. In each room at least one window or other device with openings to outdoor space, used or intended to be used for ventilation shall likewise be provided with a screen. However, such screen shall not be required during such period in rooms deemed by the Public Officer to be located high enough as to be free from such insects, and in rooms located in areas of the Village which are deemed by the Public Officer to have so few insects as to render screens unnecessary.

(j) Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement or cellar which might provide an entry for rodents, shall be supplied with a screen or other device which will effectively prevent their entrance.
(Ord. 368. Passed 4-6-67.)

1361.08 MINIMUM STANDARDS FOR COOKING EQUIPMENT.

No owner, operator or occupant shall furnish or use any cooking equipment which does not comply with the following minimum standards:

(a) Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition; and

(b) Portable cooking equipment employing a flame and the use of gasoline as fuel for cooking is prohibited.
(Ord. 368. Passed 4-6-67.)

1361.09 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.

(a) Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and yard which he occupies and controls.

(b) Every owner or operator of a two-family dwelling, multi-family dwelling or rooming house shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard.

(c) Every occupant of a dwelling or dwelling unit shall dispose of all rubbish, ashes, garbage and other organic waste in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. Every occupant shall provide such facilities and shall maintain them in a clean and sanitary manner. The owner or operator of a multi-family dwelling shall furnish common storage or disposal facilities, and shall be responsible for the clean and sanitary maintenance of such facilities. Every owner or operator of every rooming house shall dispose of all rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities.

(d) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in the dwelling or yard. In a two-family dwelling or a multi-family dwelling the occupant shall be responsible for such extermination whenever his dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner or operator to maintain the dwelling in a rodent-proof or substantial insect-proof condition, extermination shall be the responsibility of the owner or operator.
(Ord. 368. Passed 4-6-67.)

(e) Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation exists in the dwelling units in any dwelling or in the shared or public area of any two-family dwelling or any multi-family dwelling. If after ninety days an inspection by an Health Department shows no change in infestation in the dwelling then a professional exterminator must be called in.

(f) Every owner or operator of a rooming house shall be responsible for the extermination of any insects, rodents or other pests in the rooming house or yard. If after ninety days an inspection by the Health Department shows no change in infestation in the dwelling then a professional exterminator must be called in.

(g) Every occupant of a dwelling unit shall keep all plumbing fixtures in the unit in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation in accordance with Chapter 1305.
(Ord. 1180. Passed 8-7-86.)

(h) Every occupant of a dwelling unit shall be responsible for hanging and removing all screens required for his dwelling unit by this chapter except where the owner or operator has agreed to supply such services.

(i) Every owner or operator of a two-family dwelling or multi-family dwelling shall be responsible for hanging and removing all screens required by this chapter for windows and doors opening to outdoor space from shared or public areas.

(j) During that time of the year when it is necessary, as determined by regulations issued by the Board of Health, every owner or operator of every two-family dwelling, multi-family dwelling and rooming house shall supply adequate heat to every habitable room therein, except where there are separate facilities for each dwelling unit which are under the sole control of the occupant of such dwelling unit.
(Ord. 368. Passed 4-6-67.)

1361.10 INSPECTION OF AND ACCESS TO DWELLINGS.

The Public Officer is hereby authorized and directed to make inspections to determine compliance with this chapter. For this purpose, he is authorized, upon showing adequate identification, to enter and examine any dwelling, yard or part of either at all reasonable times, and every owner, operator or occupant shall provide time with free access to such dwelling or yard.
(Ord. 368. Passed 4-6-67.)

1361.11 NOTICES AND APPEALS.

(a) If a preliminary investigation shall disclose to the Public Officer that there exists a violation of any provision of this chapter, he shall serve written notice of such violation upon the violator. The notice shall specify the violation which exists, a reasonable time for compliance and shall contain a notice that a hearing will be held before the Public Officer at a place therein fixed, not less than ten days or more than thirty days after the serving of such notice.

(b) The owner, or any other party of interest affected by the violation, may appeal to the Board of Appeals (Board of Health) for a review of the decision of the Public Officer in accordance with the procedures prescribed by the Board of Appeals (Board of Health), except as provided in subsection (e) herein. Compliance with the notice of violation shall not be required when an appeal is pending before the Board of Appeals (Board of Health) or a court.

(c) The Board of Appeals (Board of Health) may modify any notice so as to authorize a variance from the terms of this chapter when, because of special conditions, undue hardship would result from literal enforcement, and when such variance substantially meets the spirit of this chapter.

(d) After the expiration of the time for compliance as stated on this notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the Public Officer shall order the violation corrected as specified in Section 1361.12, or shall institute prosecution for the violation, or both. However, the Board of Appeals (Board of Health) may grant a reasonable extension of time for compliance in cases of hardship.

(e) Whenever the Public Officer finds that there exists any violation of this chapter which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a dwelling or the public, he may issue a notice of violation stating the facts which constitute the emergency and requiring the necessary action to be taken immediately. Any person to whom such notice is directed shall comply immediately, even though an appeal is taken to the Board of Appeals (Board of Health). Any person aggrieved by such notice of violation may appeal to the Board of Appeals (Board of Health) as provided in subsection (b) hereof. The Board of Appeals (Board of Health) shall give priority to such appeal.
(Ord. 2006-11. Passed 6-1-06.)

1361.12 ABATEMENT OF VIOLATIONS.

(a) When upon re-examination after the expiration of the time for compliance, the Public Officer finds that the violation has not been corrected then he is authorized to cause such dwelling to be repaired, altered or improved or to be vacated or closed in accordance with Ohio R.C. 715.26 and 715.26.1, and to certify the costs therefor as a lien against the premises.
(Ord. 1180. Passed 8-7-86.)

(b) Whenever the Public Officer find that any dwelling constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the facilities required by this chapter, he shall designate such dwelling unfit for human habitation and shall cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful”. If the owner fails to comply with an order to remove or demolish the dwelling, the Public Officer may cause such dwelling to be removed or demolished.

(c) The amount of the cost of such repairs, alterations, improvements or vacating and closing, or removal or demolition, when done by the Public Officer, shall be a municipal lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the Public Officer, he shall sell the materials of such dwelling and shall credit the proceeds of such against the cost of the removal or demolition, and any balance remaining shall be deposited in the Municipal Treasury by the Public Officer or any other public authority, and shall be secured in such manner as may be directed by such Public Officer or any other public authority, and shall be disbursed by such Public Officer or any other public authority to the persons found to be entitled thereto by final order or decree of such Public Officer or any other public authority. However, nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(d) Complaints or orders issued by the Public Officer, pursuant to this chapter, shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons in unknown, and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make an affidavit to that effect, and the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper of general circulation in the Village. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be duly recorded or lodged for record with the County Clerk.

(e) Any person affected by an order issued by the Public Officer may petition the Common Pleas Court to relief.
(Ord. 368. Passed 4-6-67.)

1361.13 CONFLICTING PROVISIONS.

Where a provision of this chapter is found to be in conflict with the BOCA Basic Housing Code, 1970 edition, or with any other building or zoning ordinance, or with any other ordinance of the Village existing on the effective date of this section, or with any regulation issued under the authority of such ordinances, the provision which establishes the higher standard for the protection of health, safety and welfare shall prevail.
(Ord. 644. Passed 11-16-72.)

1361.14 SEVERABILITY.

The provision of this chapter are severable, and if any provision of this chapter or the application of any provision of particular circumstances are held to be unconstitutional, the remaining provisions of this chapter or their application in other circumstances, shall in no way be affected or impaired.
(Ord. 368. Passed 4-6-67.)

1361.15 INSPECTION.

(a) Every owner of real estate which is not occupied by such owner or a member of his immediate family for use as their personal dwelling, but which is occupied by others as a place of habitation and dwelling shall be deemed an owner of rental property. Every owner of rental property shall be required to annually file in the office of the Code Enforcer a registration form which shall contain the following information:

(1) The name and mailing address of the owner;
(2) The location and mailing address for each unit of rental property within the Village;
(3) The number of rental units within each structure; and
(4) The name of the individuals occupying each rental unit.

(b) No owner of rental property shall fail to file the registration form prescribed in subsection (a) hereof.

(c) No owner of rental property shall rent, or allow any person to enter into and dwell in any rental property owned by him, until inspected by the Public Officers in accordance with Section 1361.10, and a certificate of occupancy has been tendered.

(d) No certificate of occupancy shall be issued to any owner of rental property unless all utility service (water and garbage) is paid for that unit of rental property which is proposed to be rented, sold or occupied by others.

(e) No realtor shall erect any signs on any rental property in the Village advertising the same for rent or sale which has been posted by the Public Officer “Unfit for Human Habitation” unless and until such realtor obtains from the Public Officer a list of those items which must be complied with by the owner, occupant or proposed purchaser.

(f) If the owner of rental property shall fail to file the registration form prescribed by subsection (a) hereof, a fine of twenty-five dollars ($25.00) shall be paid to the Village for failure to file within thirty (30) days of the due date.
(Ord. 1180. Passed 8-7-86; Ord. 2007-07. Passed 5-7-07.)

1361.99 PENALTY.

Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day’s violation or repeated violation by the same person shall constitute a separate offense punishable by a fine of not less than one hundred dollars ($100.00)
(Ord. 1180. Passed 8-7-86.)

CHAPTER 1371
Rental Housing Code

1371.01 Applicability.
1371.02 Registration and fees.
1371.03 Entry and inspection.
1371.04 Application of codes.
1371.05 Notices and orders.
1371.06 Change of ownership.
1371.07 Expiration and renewals.
1371.08 Appeals.
1371.09 Severability.
1371.99 Violations; penalty.

1371.01 APPLICABILITY.

All dwelling units within the Village of Bellaire occupied by a party other than the owner as listed in the deed records of Belmont County, Ohio, including rooming houses or rooming units, shall be considered rental units for the purposes of this chapter and the owners of such property shall be required to register these properties with the Code Enforcer. Land contracts, life estates, and traditional motels, hotels, and bed and breakfast establishments in compliance with the Village Zoning Code are excluded from the necessity of compliance with this chapter. Non-traditional (long term) rentals in motels, hotels, and bed and breakfast establishments are not excluded. (Ord. 2006-17. Passed 6-1-06.)

1371.02 REGISTRATION AND FEES.

Property owners shall register all rental units that they own. Registration will take place at the Office of the Code Enforcer. Property owners are required to register within thirty (30) days after the effective date of this code or within thirty (30) days after obtaining legal possession of the property. The Code Enforcer shall maintain registration forms and require the submission of such information as he deems necessary to properly administer and implement the provisions of this code, including the name, address, and telephone number of the owner, the address of each structure and premises with a rental unit, and the number of rental units within each structure and premises. The following non-refundable fee payable to the Village of Bellaire shall accompany registration and renewal of registration:

(a) Owners of one (1) rental unit, a total fee of fifteen dollars ($15.00).

(b) Owners of two (2) to five (5) rental units, a total fee of twenty-five dollars ($25.00).

(d) Owners of twenty-six (26) to one hundred (100) rental units, a total fee of one hundred fifty dollars{$150.00).

(e) Owners of one hundred and one (101) or more rental units, a total fee of two hundred and fifty dollars ($250.00).

(f) If a registration form is filed late, an additional late fee of ten dollars ($10.00) will be charged.

(g) If an owner acquires additional rental units between registration periods, a minimum fee of ten dollars ($10.00) with a maximum fee as established in this section.

Registration shall be valid for one year unless false information was furnished on the registration form or ownership of the property has changed. Fees collected under this section shall be used exclusively for rental unit registration purposes.
(Ord. 2006-17. Passed 6-1-06; Ord. 2007-07. Passed 5-3-07.)

1371.03 ENTRY AND INSPECTION.

The Code Enforcer is authorized and directed to cause exterior inspections to be made of all dwellings, rooming houses, and premises located within the Village of Bellaire, with the inspection to include only those items which can be inspected by lawful means. In the event the Code Enforcer has reason to believe that a code violation may have occurred within a dwelling or rooming unit, he is authorized and directed to inspect the remainder of the premises. The owner, operator or occupant of every dwelling or rooming unit may, upon the request of the Code Enforcer, give the Code Enforcer free access to the property, at reasonable times, for the purpose of inspection. In the event access to the premises is refused, the Code Enforcer with the assistance of the Law Director may obtain an administrative warrant from a court of competent jurisdiction in order to gain access to the premises. In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means. This chapter shall not be construed to require an owner, operator or occupant to consent to a warrantless inspection of property except as provided by law.
(Ord. 2006-17. Passed 6-1-06.)

1371.04 APPLICATION OF CODES.

The code used in determining whether the conditions of property and premises are maintained in an approved manner shall be the Property Maintenance Code as adopted or as may be amended by the Village of Bellaire. Where conflicts occur between provisions of this chapter and the provisions of the Property Maintenance Code, the more restrictive provision shall govern. This chapter is meant to be prospective in nature and is not intended to be retroactive.
(Ord. 2006-17. Passed 6-1-06.)

1371.05 NOTICES AND ORDERS.

When a Code Enforcer determines that a code violation has occurred, notice shall be provided to the property owner in accordance with the Property Maintenance Code.
(Ord. 2006-17. Passed 6-1-06.)

1371.06 CHANGE OF OWNERSHIP.

Any person selling or otherwise relinquishing ownership control of a rental unit shall notify the Code Enforcer of said change in ownership within five (5) days of the effective date of the transfer. Such notice shall be in writing and shall include: the name, address and telephone number of the new owner; and the name, address and telephone number of the previous owner. Rental registration shall not be transferred or assigned to any property owner, or to any dwelling or rooming unit, other than to whom and for which it was issued. New owners must register rental units in accordance with the provisions of this code.
(Ord. 2006-17. Passed 6-1-06.)

1371.07 EXPIRATION AND RENEWALS.

Every rental unit registration shall be valid for two (2) years, following which time renewal of the registration shall be required in the same manner and following the same procedures under which the original registration was completed. (Ord. 2006-17. Passed 6-1-06.)

1371.08 APPEALS.

Any property owner, operator or occupant directly affected by a decision of the Code Enforcer regarding this chapter shall be permitted to file with the Code Enforcer, an appeal in writing to the Zoning Board of Appeals. An application for an appeal shall be based on the claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or the requirements of this chapter are adequately satisfied by other means.
(Ord. 2006-17. Passed 6-1-06.)

1371.09 SEVERABILITY.

The provisions of these regulations shall be severable and should any section or provision of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2006-17. Passed 6-1-06.)

1371.99 VIOLATIONS; PENALTY.

Any property owner or operator who fails to register rental units shall be deemed guilty of a minor misdemeanor. Any property owner or operator who shall violate a requirement of the Property Maintenance Code shall be subject to the provisions of such code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 2006-17. Passed 6-1-06.)

CODIFIED ORDINANCES OF BELLAIRE – PART THIRTEEN

PART THIRTEEN – BUILDING CODE

TITLE ONE – Standards

TITLE THREE – Local Provisions

TITLE FIVE – Housing

TITLE ONE – Standards

CHAPTER 1301Ohio Building Code

CHAPTER 1305One, Two and Three-Family Dwelling Code

CHAPTER 1309National Electrical Code

TITLE THREE – Local Provisions

CHAPTER 1321Fire Limits

CHAPTER 1325Code Enforcement Guidelines

CHAPTER 1331Permits and Fees

CHAPTER 1341Unsafe Buildings

CHAPTER 1345Erosion and Sediment Control

CHAPTER 1353Flood Damage Reduction

CHAPTER 1355Registration of Contractors

CHAPTER 1357Demolition of Structures

TITLE FIVE – Housing

CHAPTER 1361Housing Code

CHAPTER 1371Rental Housing Code

CHAPTER 1301
Ohio Building Code

CHAPTER 1305
One, Two and Three-Family Dwelling Code

CHAPTER 1309
National Electrical Code

CHAPTER 1321
Fire Limits

CHAPTER 1325
Code Enforcement Guidelines

CHAPTER 1331
Permits and Fees

CHAPTER 1341
Unsafe Buildings

CHAPTER 1345
Erosion and Sediment Control

CHAPTER 1353
Flood Damage Reduction

CHAPTER 1355
Registration of Contractors

CHAPTER 1357
Demolition of Structures

CHAPTER 1361
Housing Code

CHAPTER 1371
Rental Housing Code