019-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No 0043
Ordinance No ....................................1.9.-02.............. Passed
AN ORDINANCE AMENDING DUBLIN CODE SECTIONS
53.130, 97.38, AND 153.136 TO COMPLY WITH STATE
LAW AND DECLARING AN EMERGENCY.
~ WHEREAS, State law prohibits municipal building departments from withholding
occupancy permits for zoning compliance issues or other non-structural considerations;
and
WHEREAS, the City of Dublin Building and Law Departments have conducted a
through review of the Building Department's policies, procedures, and code sections
pertaining to the issuance of occupancy permits; and
WHEREAS, there are sections in the Dublin Code of Ordinances which authorize for
the Building Department to deny occupancy permits based on stormwater
improvements, mud clean-up, and landscaping considerations; and
WHEREAS, the Dublin Building and Law Departments desire to amend the sections
of the Dublin Code of Ordinances which authorize for the Building Department to deny
occupancy permits based on nonstructural considerations.
NOW THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring that:
Section 1. Section 53.130(G) of the Dublin Code of Ordinances, pertaining to
Acceptance of Stormwater Improvements, is hereby amended to read as follows:
(G) Private improvements. Private stormwater conveyance and control systems may
be approved for use after the following minimum conditions have been met:
(1) The applicant shall provide to the City Engineer as-built plans according
to § 53.140(D) of the stormwater regulations; and
(2) The as-built plans have been reviewed and approved by the City
Engineer. It shall not be legal to use the property (as opposed to the '
structure) until the as-built plans have been received and approved by the
City Engineer and the stormwater improvements have been completed
as shown on the approved as-built plans.
Section 2. Section 97.38(E) of the Dublin Code of Ordinances, pertaining to
Tracking Mud Prohibited and Clean-up, is hereby amended to read as follows:
(E) Failure to pay such bill within 30 days shall be grounds for a stop work order,
revocation of any and all city permits, licenses, performance bonds, and letters
of credit issues to or posted by such party for the affected permit site. If such bill
has not been paid within 30 days after mailing, the Director of Finance shall
certify the charges for services to the County Auditor upon direction by council
and approval of certification, together with a proper description of the premises.
Such amounts shall be entered upon the tax duplicate, shall be a lien upon such
lands from the date of the entry, and shall be collected as other taxes and
returned to the city for the deposit into the general fund. The city may refuse to
issue any new permits or licenses for so long as any bill or fines remain unpaid.
Section 3. Section 153.136(B) of the Dublin Code of Ordinances, pertaining to
Landscaping Plan Submission and Approval, is hereby amended to read as follows:
(B) IMPLEMENTATION OF LANDSCAPING PLAN. Where landscaping is
required, no building permit shall be issued until the required landscaping plan
RECORD OF ORDINANCES
Dayton Leal Blank Co. Form No 30043
Ordinance No ................19-02..........................,......... Passed .....................................F.age.2.........,
has been submitted and .approved by the Director of the Division of Planning. It
shall not be legal to use the property (as opposed to the structure) until
~ landscaping is completed as shown on the approved plan. A performance bond,
or irrevocable letter of credit from a banking institution or other such surety
r`.. acceptable to the Law Director may be substituted for completion of the
landscaping as shown on the approved landscaping plan, subject to the approval
of the Director of the Division of Planning.
Section 4. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public health, safety, and welfare due to the need to
comply with state law. This Ordinance shall therefore be effective upon passage.
Passed this day of , 2002
ayor -Presiding Officer
ATTEST:
~l
Clerk of Council, Dublin, Ohio
r!'
I hereby certify that copies of this Ordinance/
Resolution were posted City of Dublin in
accordance with Section 731.25 of the Ohio
Revised Code.
~S~ Clerk Council, Dublin, Ohio