AN ORDINANCE TO AMEND SECTION 1030.09 ENTITLED "GRADES ON DEDICATED STREETS" OF CHAPTER 1030 ENTITLED "GRADING AND DRAINAGE" OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION AND DECLARING AN EMERGENCY.
WHEREAS, at the Legislative Committee meeting of January 23, 2023, the Vermilion City Council favorably recommended the amendment of Section 1030.09.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio:
SECTION 1: That City Council hereby amends Section 1030.09 entitled "Grades on Dedicated Streets" of Chapter I030 entitled "Grading and Drainage" to read henceforth as follows of the following amendments noted in italics:
1030.09 GRADES ON DEDICATED STREETS.
No person, firm or corporation shall be issued a building permit for the construction of any structure on any lot contiguous to a dedicated street within the City until the required fee is paid to the city as outlined below to cover administrative costs and the cost of checking grades and drainage of surface water.
Grading fees for individual parcels or developments will be based on the following schedule:
A. Residential lots
(1) New construction and fills in excess of ten cubic yards
$475.00per lot or unit
B. Commercial and industrial sites
$475.00 (less than one acre)
$650.00 (One to three acres)
$650.00plus $100.00 per acre
for each acre larger than three acres.
C. Filling of vacant land
$400.00 (up to three acres)
$400.00 plus $100.00 per acre
for each acre larger than three acres
D. Revised plan submittal and reinspection
If the aforesaid work is not done within thirty days from the time of the sending of written notice by the City, the City may do the work and the aforesaid cash deposit shall be applied to the cost of the City doing the aforesaid grading. Any funds which are in excess of the City's cost of grading shall be returned to the person making the deposit as aforesaid. Further, any deficiency in funds between the deposit and the cost of the City doing the grading shall become a lien upon the lands and shall be certified to the Auditor for entering upon the tax duplicate and collection as other taxes and shall be returned by the Auditor for deposit in the General Fund.
SECTION 2: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 3: That this Ordinance is declared to be an emergency for the public peace, health, and safety of the city; with the emergency necessity being the code needs amended to reflect increased fees as comparable to surrounding communities. Wherefore, this Ordinance shall take effect immediately upon its passage and approval of the mayor, providing it meets the statutory requirements for passage; otherwise, it shall take effect and be enforced from and after the earliest period allowed by law.