15-83 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 .