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HomeMy WebLinkAbout15-83 Ordinance - ,\ , " J/J.,/fJ "- ".~ . . ~ '~";", -. .:. ORDINANCE NO. IS: i3 AN ORDINANCE PROVIDING MEANS FOR RESOLVING ENCROACHMENTS BY BUILDERS, DEVELOPERS, AND PROPERTY OWNERS UPON VILLAGE EASEMENTS, RIGHTS OF WAY AND PUBLIC PROPERTIES. I WHEREAS, the Village of Dublin, Ohio, has experienced a continu ng problem with builders, developers, and property owners requesting relief from encroachments caused by structures and other items ' , having been negligently built or constructed upon public rights of way, easements, and other Village property, and WHEREAS, the Village wishes to adopt a uniform and consistent method of handling such encroachments. NOW THEREFORE BE IT ORDAINED by the Council of the Village of Dublin, ~members concurring, that: Section 1. It shall hereafter be the policy that all encroachments of structures built or constructed upon or over I Village or public property and rights of way within the Village be resolved in the following manner: A. Encroachments where Village owns the fee simple title to the area in uestion or where"the'area' 'i's'a' dul . dedicate to a public use - 1. It shall be the responsibility of the builder, developer or applicant to remove and relocate the encroachment at their own expense if, in the opinion of the Village Engineer and Planning and Zoning Commission the encroachment should be removed and relocated. If the encroachment is not removed, the Village of Dublin may remove the same and certify the costs thereof to the County Auditor of the County wherein the property is located for collection. I 2. If in the opinion of the Village Engineer and Planning and Zoning Commission the encroachment will not interfer with the proposed use of the public right of way or area, the encroachment may be permitted to remain by the Village Council, .J provided that a payment of damages asset forth in Section C.. hereof is first paid to the Village of Dublin to be deposited in the GENERAL FUND. ..' . , , ORDINANCE NO. I S -&~ PAGE TWO B. Encroachments where the Village has only an I easement over or upon the area in question - 1. Encroachments which do not interfere presently with the public use of the easement area will be permitted to remain provided that the owner of the structure which encroaches upon the easement area fully understands that the Village of Dublin may utilize the easement area at any time to service, inspect or otherwise gain access to the utility or public use and, that in the event it is necessary to gain access at the location of the encroachment the Village of Dublin will not be responsible for any damages or reconstruction to the structure which encroaches upon the easement area. 2. Encroachments which do interfere with the use I or servicing of a Village easement shall immediately be removed and the failure to do so shall be cause for the Village of Dublin to effectuate the removal and to certify the costs thereof for collection to the Auditor of the county wherein the property is located. C. Damages - 1. In all cases where the Village of Dublin elects to permit an encroachment, other than upon a Village easement, to remain, the owner, builder, or developer thereo~ as such the case may be, who wishes to have the encroachment remain, shall first pay to the Village of Dublin the following as damages: a. A sum equivalent to all legal fees incurred by the Village in connection with the encroachment, plus I b. A sum equivalent to all engineering and other related fees in connection with. the encroachment, plus c, An application and processing fee of . $ :l5.oo , plus d. The fair market value of the land in question. . t . . , ORDINANCE NO. .L5 - $S PAGE THREE I . 2. In those cases where the Village of Dublin II permits an encroachment to remain upon a. Village easement area andl II I , II where the Village incurs any expenses, whether legal, engineering, I II i II: or other to correct a title defect or cloud on title, the person, :; I', I !11: II firm, or corporation seeking the correction of the cloud on title I I shall pay to the Village any and all expenses directly connected therewith, before the Village or its officials shall take any action in connection therewith. Section 2. This Ordinanc~ shall take effect and be in force from and after the earliest period permitted by law. i :, II~ 13J /18.3 I Passed ,I I I " I' I I II, I I!i I I I 11'1 " illl II1I I 'I' Iii ATTEST: I II' I I,i I' , AchJo. SPONSORED BY: CATHERIN HEADLEE \ nereby certify tnat copies of this OrdinancelResolution were po:;ted in the Vill2ge of Dublin in accordance with I Section 731.25 of the Ohio Revised Code. ~ 1(>. Si~ A Cof i ... 4 C of Council .