1356.04 DEPOSIT FOR EXPENSES AND DAMAGES.

1356.04 DEPOSIT FOR EXPENSES AND DAMAGES.
Document type
section
Identifier
1356.04
Citation
§ 1356.04
Ordinances detected
S, 116-84, 88-69, 87-89, ERED
Original source
American Legal Publishing
Content hash
57e4d73cd17a582564fc4f6d067bdf0af1f12e5a5bd3ca1f4a6a6f765dad61f7
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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
TITLE ONE - Building Standards
TITLE THREE - Local Provisions
CHAPTER 1335 Licensing of Contractors
CHAPTER 1345 Certificates of Occupancy
CHAPTER 1351 Dangerous Buildings
CHAPTER 1352 Fences, Hedges and Walls (Repealed)
CHAPTER 1353 Flood Damage Prevention
CHAPTER 1354 Flood Hazards
CHAPTER 1355 Grades
CHAPTER 1356 Moving Buildings
1356.01 DEFINITION.
1356.02 PERMIT REQUIRED.
1356.03 PERMIT APPLICATION AND FEE.
1356.04 DEPOSIT FOR EXPENSES AND DAMAGES.
1356.05 LIABILITY INSURANCE.
1356.06 DUTIES OF BUILDING INSPECTOR.
1356.07 DUTIES OF PERMITTEE.
1356.08 ENFORCEMENT.
1356.99 PENALTY.
CHAPTER 1357 Residential Driveways and Driveway Additions
CHAPTER 1361 Permits, Fees and Inspections
CHAPTER 1365 Pole Type Buildings (Repealed)
CHAPTER 1367 Construction Equipment and Vehicles (Repealed)
CHAPTER 1369 Dumpsters and Refuse Containers (Repealed)
CHAPTER 1371 Signs and Billboards (Repealed)
CHAPTER 1375 Swimming Pools (Repealed)
CHAPTER 1377 Smoke Detectors
CHAPTER 1379 Residential Construction Materials
CHAPTER 1381 Stables, Kennels and Animal Shelters
CHAPTER 1383 Metal Sheds and Accessory Buildings (Repealed)
CHAPTER 1385 Emergency Alarm Systems
CHAPTER 1387 Ground Satellite Stations
CHAPTER 1395 Real Property Maintenance Code
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
1356.04 DEPOSIT FOR EXPENSES AND DAMAGES.
CHAPTER 1356 Moving Buildings
1356.03 PERMIT APPLICATION AND FEE.
   A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
   (a)    Form. The application for the moving of a building into, within, through or from the City shall be made on forms provided by the Building Inspector and shall be filed in the office of the Building Inspector.
   (b)    Contents. The application shall set forth:
      (1)    A description of the building proposed to be moved, its street number, construction materials, exterior dimensions and height, number of rooms and condition of exterior and interior and sufficient structural information so that the Building Inspector may determine that the building, when moved, will comply with this Building Code;
      (2)    A description of the lot from which the building is to be moved, if located in the City;
      (3)    A description of the lot, if located within the City, to which it is proposed such building be moved to, giving lot, block and tract number;
      (4)    A plot plan showing the proposed location of the building when moved, if the building is to be moved to a location within the City;
      (5)    The highways, streets and alleys over, along or across which the building is proposed to be moved;
      (6)    The proposed moving date and hours;
      (7)    Photographs of all four elevations of the building;
      (8)    Any additional information which the Building Inspector finds necessary for a thorough inspection of the building and a fair determination of whether a permit should be issued.
   (c)    Accompanying Papers.
      (1)    Tax certificate. The owner of the building to be moved, if such building prior to moving is located within the City, shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of encumbrances and that all current taxes and any City current charges or assessments against the same are paid in full.
      (2)    Certificate of ownership or entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building.
      (3)    Utility consents. Where utility companies supplying services to the City will be affected, the applicant shall file with his application suitable letters of clearance of such utility companies consenting to the removal. It is determined that the following utilities will be affected except when the removal is limited to a relocation on the same or an abutting lot and no portion of any City street will be entered upon:
Electric      (Ohio Edison Company)
            Telephone       (Lorain Telephone Company)
            Gas          (The Columbia Gas of Ohio Company)
             Railroads       (The Norfolk & Western Railroad
                     Company, only where moving route
                     crosses tracks)
            Water and Sewer    (City of Sheffield Lake)
         (Ord. 88-69. Passed 9-23-69.)
   (d)    Fees.
      (1)    The application shall be accompanied by an inspection fee in the amount of fifty dollars ($50.00). The applicant shall make arrangements to afford an adequate inspection when initially made. Should the applicant fail to do this and thus necessitate additional inspections, the Building Inspector is authorized to require an additional fifty dollars ($50.00) inspection fee for each such additional inspection necessary.
      (2)    The application shall also be accompanied by a permit fee in the amount of two hundred and fifty dollars ($250.00).
      (3)    The permit issued and fees charged pursuant to this chapter shall not be considered as a permit or license to install or erect the structure moved, and any person moving a building shall obtain all permits and pay all applicable fees required by this Building Code for new construction to the same extent as if he were erecting a new building.
      (4)    The applicant shall submit to the Division of Building Inspection a copy of excess load and weight permits secured from the State.
1356.04 DEPOSIT FOR EXPENSES AND DAMAGES.
   The applicant shall deposit with the City one thousand dollars ($1,000) cash or a certified check in the same amount to indemnify the City against expenses or damages incurred itself or by its residents and property owners as a result of the building moving operation. Such deposit shall be held for a period of sixty days after completion of the moving which is deemed to be when the building is placed on the foundation. At the expiration of such sixty-day period, if no such expenses or damages are claimed, or having been claimed, have been satisfactorily adjusted by the applicant, such deposit will be returned to the applicant. If claims of damages are still being made at the end of such period, the City may, at its option:
   (a)    Apply so much of the deposit as may be necessary to satisfy such claim and refund the balance;
   (b)    Retain, subject to a decision of a court or of the parties involved, an amount necessary to satisfy such claim and refund the balance, or
   (c)    If the report of a claim has been acknowledged by the insurance company providing coverage for the applicant, then the deposit may be refunded.
      (Ord. 88-69. Passed 9-23-69.)
1356.05 LIABILITY INSURANCE.
   An application hereunder shall be accompanied by a liability insurance policy or adequate certificate thereof issued by an insurance company authorized to do business in the State and approved as to form by the Director of Law, in limits for bodily injury or loss of life of one hundred thousand dollars ($100,000) per person, three hundred thousand dollars ($300,000) per accident, and property damage liability of one hundred thousand dollars ($100,000) per accident. Such insurance shall serve as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant, traffic control signal or other property of the City which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify and save the City harmless from any claim for damages to persons or private property or legal expense as a result thereof, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the City. Such insurance coverage shall also include protection in the event of explosion, collapse or damage to underground utilities and shall include a thirty-day minimum notice of cancellation provision. (Ord. 88-69. Passed 9-23-69.)
1356.06 DUTIES OF BUILDING INSPECTOR.
   (a)    Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. (Ord. 88-69. Passed 9-23-69.)
   (b)    Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds that:
      (1)   All requirements of this Building Code and the Zoning Code will not be met by such building in its proposed location;
      (2)    Any application requirement or any fee or deposit requirement has not been complied with;
      (3)    The building is of such physical dimensions and/or conditions as to preclude movement without endangering persons or property in the City;
      (4)    The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City;
      (5)    The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City;
      (6)    The applicant's equipment is unsafe and persons and property would be endangered by its use;
      (7)    For any other reason persons or property in the City would be endangered by the moving of the building;
      (8)    The removal location to which the building is to be removed if such removal location is in the City, does not have sufficient frontage on a developed street to comply with all requirements of the ordinances of the City and its Building Code and Zoning Code.
      (9)    If the removal location to which the building is to be removed, if the removal location is located in the City, is not serviced by all utilities including, but not limited to, water, storm sewer and sanitary sewer. (Ord. 87-89. Passed 11-28-89.)
   (c)    Issuance. The Building Inspector shall issue a permit for moving of such building if all requirements of this chapter are met.
   (d)    Fees and Deposits. 
      (1)    Deposit. The Building Inspector shall deposit all fees and deposits and all bonds or insurance policies or certificates with the Finance Director.
      (2)    Return upon nonissuance. Upon his refusal to issue a permit, the Building Inspector shall return to the applicant all deposits, bonds, insurance policies and permit fees. Inspection fees filed with the application or thereafter charged and paid shall not be returned
      (3)    Return upon allowance for expense. After the building has been moved, the Building Inspector shall furnish the Finance Director with a written statement of all expenses incurred in moving and replacement, together with a statement of all damage caused to, or inflicted upon, property belonging to the City. The Finance Director shall authorize the Building Inspector to return to the applicant the expense and damage deposit after the Finance Director deducts the sum sufficient to pay for all damage to property of the City by reason of the building. Permit fees deposited with the application shall not be returned. Moneys may be retained to satisfy claims of private individuals in accordance with Section 1356.04 .
   (e)    Designate Streets for Removal. The Building Inspector shall procure from the applicant a list of designated streets over which the building is to be moved. The Building Inspector shall have the list approved by the Police Chief and the Fire Chief, and shall reproduce the list upon the permit in writing. In making their determination, the Divisions of Police and Fire shall act to assure maximum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets.
(Ord. 88-69. Passed 9-23-69.)
 
1356.07 DUTIES OF PERMITTEE.
   Every permittee under this section shall:
   (a)    Use Designated Streets. Move a building only over streets designated for such use in the written permit.
   (b)    Notify of Revised Moving Time. Notify the Building Inspector in writing of any and all changes in moving date and hours as proposed in the application, forty-eight hours prior to moving.
   (c)    Notify of Damage. Notify the Building Inspector in writing of any and all damage or injury done to property belonging to the City, and any other damage, within twenty-four hours after the damage or injury has occurred.
   (d)    Abide by Street Occupancy Period. Allow no building to be left standing on the improved or unimproved portion of any street overnight or for more than two hours during the daytime, unless an extension is granted by both the Police Chief and Fire Chief. Such an extension for overnight shall not be granted except in the case of extreme emergency.
   (e)    Comply with Governing Law. Comply with the Building Code, the Fire Prevention Code, the Planning and Zoning Code and all other applicable ordinances and laws upon relocating a building in the City.
   (f)    Pay Expense of Officer. Pay the expense of a traffic officer and for a Fire Division officer ordered by the Building Inspector to accompany the movement of the building, to protect the public from injury and damage.
   (g)    Clear Old Premises. Within forty-eight hours after moving the building, remove all rubbish and materials and fill all excavations to existing grade at the original building site, if located within the City, so that the premises are left in a safe and sanitary condition.
   (h)    Remove Service Connection. See that the sewer lines are plugged to the satisfaction of the Division of Sewers and that the water is shut off and the meter returned to the City.
   (i)    Protect Foundation. Move the house onto its new foundation and backfill within sixty days after moving the building to the new location, providing adequate safety measures in the interim.
      (Ord. 88-69. Passed 9-23-69.)
1356.08 ENFORCEMENT.
   (a)    Enforcing Officer. The Building Inspector shall enforce and carry out the requirements of this chapter.
   (b)    Permittee Liable for Expense Above Deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities and the Director of Law shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
   (c)    Original Premises Left Unsafe. The City may proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter and the cost thereof shall be charged against the deposit required by Section 1356.04 .
(Ord. 88-69. Passed 9-23-69.)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
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Detected legislative history
Ordinances of Sheffield Lake, OH
ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
ORDINANCE NO. 116-84
ORDINANCES OF SHEFFIELD LAKE
Repealed)
Ord. 88-69
ord an adequate inspection when initially made
ordinances of the City and its Building Code and Zoning Code
Ord. 87-89
ordance with Section 1356
ordinances and laws upon relocating a building in the City
ordered by the Building Inspector to accompany the movement of the building, to protect the public from injury and damage
Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
Ordinances should be consulted prior to any action being taken
Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588
Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.