City of Cincinnati Department of Buildings & Inspections Division of Property Maintenance Code Enforcement (513) 352-3275 - F (513) 564-1708 ‘Two Centennial Plaza - 805 Central Avenue, Suite 500 - Cincinnati, Ohio 45202 WASSON SOUTH LLC 820 STATE AVE CINCINNATI OH 45204 PERSON CHARGED: WASSON SOUTH LLC Case Number: 8C20200064 NOTICE DATE-June 30, 2020 ‘Subject Property: 2900 WASSON RD ‘BPP: 004000020022 NOTICE OF CIVIL OFFENSE AND CIVIL FINE To: WASSON SOUTH LLC ‘This is a notice of civil offense and civil fine. On June 29, 2020 , I inspected the subject premises and found that full compliance with lawful orders of the Director of Bulldings and Inspections issued March 16, 2020 , under the Cincinnati Building Code (CBC), had not been achieved. The violations are Identified in the enclosed violation listing. Pursuant to Section 1501-9 of the Cincinnati Municipal Code, a violation of the CBC is a Class D civil offense. The fine for a Class D offense is $750.00. You must elther pay the fine or file an answer to this notice within 168 hours or the fine wil double. Please refer to the enclosed Payment and Hearing Request Sheet for instructions, and include the completed Payment and Hearing Request Sheet with your payment or request for a hearing. For additional information you may go to this website: http://www.cincinnati-oh.gov/oah If you correct all of the Code violations by the date of the hearing, the fine will be reduced by 50%. If you correct the Violations before the hearing, please call 352-1910, or e-mail Tom.Wise@cincinnat-oh.gov 1 t0 arrange for reinspection. Failure to appear at a requested hearing will be considered an admission of the civil offense. All available collection remedies and costs of collection will be pursued in the event the civil fine and delinquent charges are not timely paid. J, Tom Wise , the undersigned Housing Inspector, City of Cincinnati Department of Buildings & Inspections, inspected the subject premises and attest that the facts set forth in this Notice of Civil Offense and Fine are true. SSE Badge # 5-5 pate 6 /30_/2020Time: 8:5 &a)om, Inspector 13c20200064 #006255VIOLATION LISTING: Case Number: 8C20200064 06-30-2020 1 Remove outdoor TV's and maintain approved hours of operation. § 1419-21. - Limited or Full Service Restaurants and Drinking Establishments, Outdoor areas of limited or full service restaurants and drinking establishments must be located, developed and operated in compliance with the following: (2)Residential District Boundary Line. For the purposes of this section the term residential district boundary line shall mean the district boundary line of the SF-20, SF-10, SF-6, SF-4, SF-2, RMX, RM-2.0, RM-1.2, and RM-0.7 districts. (b)Location. Outdoor areas on any public sidewalk or alley requires a revocable street privilege. Any outdoor area located within 100 feet of a residential district boundary line requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (©Maximum Size. Within 500 feet of a residential district boundary line, the outdoor area may not exceed 50 percent of the indoor area accessible to the public, Additional area requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (Barriers. Decorative walls or fencing must enclose an outdoor area. (e)Entertainment. Within 500 feet of a residential district boundary line, entertainment, including the use of audio/visual equipment or amplified sound is prohibited unless conditional use approval is obtalned pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (OF tures, Furniture and fixtures provided for use in an outdoor area may consist only of movable tables, chairs, umbrellas, planters, lights and heaters. Lighting fixtures may be permanently affixed onto the exterior of the building. All movable furniture and fixtures must be removed during the off-season. (g)Hours of Operation. Within 100 feet of a residential district boundary line the use of outdoor areas is prohibited between Midnight and 7 AM on Friday and Saturday and 10 PM and 7 AM on all other days, unless conditional use approval is obtained pursuant to the procedures and criteria of Chapter 1445, Variances, ‘Special Exceptions and Conditional Uses. In all other locations, the use of outdoor areas shall be prohibited after 2AM. (h)Breweries and Wineries. Beer and wine production accessory to a limited or full service restaurant is limited to an area that may not exceed 10,000 sq, ft and may not produce any objectionable odor, dust or fumes. (Required Buffer Yards. Where any side or rear yard of the permitted use abuts a residential district boundary line, a 10 foot buffer area ensuring visual and sonic separation shall be provided pursuant to Chapter 1423-03, Landscaping Plan. (G)Parking Requirements for Outdoor Areas. Off-street parking spaces must be made permanently available to the use served. ‘Change outdoor seating back to the approved layout. CIEEXPANSION OF NONCONFORMING USE ‘The nonconforming use of the premises has been expanded without first having applied for expansion and without having obtained approval from the zoning hearing examiner. Return the use to that lawfully existing at the time of adoption of the zoning code. | § 1447-03. - Authority to Continue and Maintain. | | Nonconforming uses and structures may be continued as follows: | (@) Continuation of Nonconforming Use. A nonconforming use that lawfully occupies a structure or a land site on the effective date of this Code may be continued so long as it remains otherwise lawful, subject to the standards and limitations in this chapter. (b) Continuation of Nonconforming Structure. A nonconforming structure that lawfully occupies a lot on the effective date of the Cincinnati Zoning Code and that does not conform with the standards for yards, buffers, height, gross floor area of structures, driveways, location of parking or open space for the district in | ‘which the structure is located may be used and maintained, subject to the standards and limitations in this chapter, (€) Continuation of Nonconforming Accessory Uses and Structures. The continued existence of nonconforming accessory uses and structures is subject to the provisions governing principal nonconforming uses and structures set forth in this chapter. (@) Maintenance, Repair and Structural Safety. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure. Remove bench/fence located in front of the garage and revert area back to required parking. § 1425-19, - Off-Street Parking and Loading Requirements, Off-street parking and loading requirements must be provided in accordance with Schedules 1425-19-A and 1425-19-B. Unless a use is specifically noted under the appropriate use classification heading, the parking and loading requirements apply uniformly to all uses within a use classification. Off-street parking and loading requirements for uses in the DD Districts are subject to the provisions of Chapter 1411, Downtown Development Districts. Off-street parking and loading facities must be made permanently available to the use served. Where the use is undetermined or the parking requirement is not established in Schedule 1425-19-A, the Zoning Administrator ‘must determine the probable use and number of spaces required. ‘Commercial uses located in Commercial, Office, and Manufacturing zoning districts are entitled to an exemption from the parking requirements as follows: (2)Commercial Uses in the CN-P and CC-P Zoning Districts. The first 2,000 square feet of gross floor area of existing and new commercial uses are exempted from the off-street parking requirements. (b)Commercial Uses in the CN-M, CC-M, OL, OG, IR, RF-C and ML Zoning Districts. The first 2,000 square feet Cf gross floor area of existing commercial uses are exempted from the off-street parking requirements. New ‘commercial uses are not exempted from the parking requirements. (c)Commercial Uses in the CC-A, CG-A, MG and RF-M Zoning Districts. Commercial uses are not exempted from the parking requirements, O08 |Payment and Hearing Request sneet Case # -BC20200064 06-30-2020 You have been charged with a civil violation of the Cincinnati Municipal Code. Please be advised: 1. THIS IS NOT A WARNING 2. ALL FINES DOUBLE if not paid or a written answer is not filed within 168 hours (7days) 3, Failure to timely answer this Notice of Civil Offense will be considered an admission of the violation and all available collection remedies and costs of collection may be pursued in that event. 4, You will be charged a $75. fee for this hearing request. You must do one of the following within 168 hours (7days) or THE FINE WILL DOUBLE. Please place an X in the appropriate box and sign and date the notice below. . L]_ PAY THE FINE, Mail a check or money order made payable to the Treasurer, City of Cincinnati, for the payout amount listed on the first page of this notice along with a copy of the no! . _] REQUEST A FORMAL HEARING BEFORE A HEARING EXAMINER. If you dispute the Notice of Civil Offense & Civil Fine or have any questions or concerns regarding the Notice of Civil Offense & Civil Fine you may schedule a hearing. After your request for a hearing is received you will be notified by mail of your hearing date and time. All hearings are held in person at the OAH office. Fallure to appear at a requested hearing will be considered an admission of the civil offense. HEARINGS ARE NOT SCHEDULED BY TELEPHONE. . L] REQUEST A CURE CREDIT, If you admit the violation that is the basis of the Notice of Civil Offense & Civil Fine and you have corrected that violation, you may request a 50% reduction in your fine if your Notice of Civil Offense & Civil Fine is marked as Reducible and you have corrected the violation. To request a cure credit, please submit a written request admitting the violation along with proof that the violation has been corrected. Your request must also include your name and address, the address where the violation occurred and the Notice of Civil Offense Number x. Date. Signature Correspondence or Payments should be submitted to: Office of Administrative Hearings Two Centennial Plaza 805 Central Avenue, Suite 110 Cincinnati, Ohio 45202 To obtain additional information please contact the Office of Administrative Hearings at (513)352-4899, oah@cincinnati-oh.gov or visit us online at http://www.cincinnati-oh.gov/oah CON A A |City of Cincinnati Department of Buildings & Inspections Division of Property Maintenance Code Enforcement ‘Two Centennial Plaza - 805 Central Avenue, Suite 500 - Cincinnati, Ohio 45202 - P (513) 352-3275 - F (513) 564-1708 WASSON SOUTH LLC C/O ROBERT TROY MCANDREWS 820 STATE AVE CINCINNATI OH 45204 PERSON CHARGED: WASSON SOUTH LLC ‘Case Number: 8C20200064 NOTICE DATE-June 30, 2020 Subject Property: 2900 WASSON RD BPP: 004000020022 NOTICE OF CIVIL OFFENSE AND CIVIL FINE ‘To: WASSON SOUTH LLC This is a notice of civil offense and civil fine. On June 29, 2020 , I inspected the subject premises and found that full compliance with lawful orders of the Director of Buildings and Inspections issued March 16, 2020 , under the Cincinnati Building Code (CBC), had not been achieved. The violations are Identified in the enclosed violation listing. Pursuant to Section 1501-9 of the Cincinnati Municipal Code, a violation of the CBC is a Class D civil offense. The fine for a Class D offense is $750.00. You must elther pay the fine or file an answer to this notice within 168 hours or the fine will double. Please refer to the enclosed Payment and Hearing Request Sheet for instructions, and Include the completed Payment and Hearing Request Sheet with your payment or request for a hearing. For additional information you may go to this website: http://www. cincinnati-oh.gov/oah If you correct all of the Code violations by the date of the hearing, the fine will be reduced by 50%. If you correct the Violations before the hearing, please call 352-1910, or e-mail Tom.Wise@cincinnati-oh.gov , to arrange for Feinspection. Failure to appear at a requested hearing will be considered an admission of the civil offense. All available collection remedies and costs of collection will be pursued in the event the civil fine and delinquent charges are not timely paid, 1, Tom Wise , the undersigned Housing Inspector, City of Cincinnati Department of Buildings & Inspections, inspected the subject premises and attest that the facts set forth in this Notice of Civil Offense and Fine are true, pacge + 99 pate 6) 30) 220 Time: B/S pm, Inspector #CODES255 '5c20200064 CR 0 AVIOLATION LISTING: Case Number: BC20200064 06-30-2020 1 Remove outdoor TV's and maintain approved hours of operation. § 1419-21. - Limited or Full Service Restaurants and Drinking Establishments. Outdoor areas of limited or full service restaurants and drinking establishments must be located, developed ‘and operated in compliance with the following: (a)Residential District Boundary Line. For the purposes of this section the term residential district boundary line shall mean the district boundary line of the SF-20, SF-10, SF-6, SF-4, SF-2, RMX, RM-2.0, RM-L.2, and RM-0.7 districts. (b)Location. Outdoor areas on any public sidewalk or alley requires a revocable street privilege. Any outdoor area located within 100 feet of a residential district boundary line requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (©)Maximum Size. Within 500 feet of a residential district boundary line, the outdoor area may not exceed 50 percent of the indoor area accessible to the public. Additional area requires conditional use approval pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (d)Barriers. Decorative walls or fencing must enclose an outdoor area. (e)Entertainment. Within 500 feet of a residential district boundary line, entertainment, including the use of audio/visual equipment or amplified sound is prohibited unless conditional use approval is obtained pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses. (Fbdures. Furniture and fixtures provided for use in an outdoor area may consist only of movable tables, chairs, umbrellas, planters, lights and heaters. Lighting fixtures may be permanently affixed onto the exterior of the building. All movable furniture and fixtures must be removed during the off-season. (g)Hours of Operation. Within 100 feet of a residential district boundary line the use of outdoor areas is prohibited between Midnight and 7 AM on Friday and Saturday and 10 PM and 7 AM on all other days, unless conditional use approval is obtained pursuant to the procedures and criteria of Chapter 1445, Variances, ‘Special Exceptions and Conditional Uses. In all other locations, the use of outdoor areas shall be prohibited after 2 AM. (h)Breweries and Wineries. Beer and wine production accessory to a limited or full service restaurant is limited to an area that may not exceed 10,000 sq. ft and may not produce any objectionable odor, dust or fumes. (Required Buffer Yards. Where any side or rear yard of the permitted use abuts a residential district boundary line, a 10 foot buffer area ensuring visual and sonic separation shall be provided pursuant to Chapter 1423-03, Landscaping Plan, G)Parking Requirements for Outdoor Areas. Off-street parking spaces must be made permanently available to the use served. Change outdoor seating back to the approved layout. (Nthe EXPANSION OF NONCONFORMING USE ‘The nonconforming use of the premises has been expanded without first having applied for expansion and without having obtained approval from the zoning hearing examiner. Return the use to that lawfully existing at the time of adoption of the zoning code. § 1447-03. - Authority to Continue and Maintain. Nonconforming uses and structures may be continued as follows: (2) Continuation of Nonconforming Use. A nonconforming use that lawfully occupies a structure or a land site on the effective date of this Code may be continued so long as it remains otherwise lawful, subject to the standards and limitations in this chapter. (b) Continuation of Nonconforming Structure. A nonconforming structure that lawfully occupies a lot on the effective date of the Cincinnati Zoning Code and that does not conform with the standards for yards, buffers, height, gross floor area of structures, driveways, location of parking or open space for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this chapter. (©) Continuation of Nonconforming Accessory Uses and Structures. The continued existence of nonconforming accessory uses and structures is subject to the provisions governing principal nonconforming uses and structures set forth in this chapter. (@) Maintenance, Repair and Structural Safety. Normal maintenance and incidental repair may be performed on a ‘conforming structure that contains @ nonconforming use or on a nonconforming structure. Remove bench/fence located in front of the garage and revert area back to required parking. § 1425-19. - Off-Street Parking and Loading Requirements. Off-street parking and loading requirements must be provided in accordance with Schedules 1425-19-A and 1425-19-B. Unless a use is specifically noted under the appropriate use classification heading, the parking and loading requirements apply uniformly to all uses within a use classification. Off-street parking and loading requirements for uses in the DD Districts are subject to the provisions of Chapter 1411, Downtown Development Districts. Off-street parking and loading facilities must be made permanently available to the use served. Where the use is undetermined or the parking requirement is not established in Schedule 1425-19-A, the Zoning Administrator must determine the probable use and number of spaces required. ‘Commercial uses located in Commercial, Office, and Manufacturing zoning districts are entitled to an exemption from the parking requirements as follows: (2)Commercial Uses in the ON-P and CC-P Zoning Districts. The first 2,000 square feet of gross floor area of existing and new commercial uses are exempted from the off-street parking requirements. (b)Commercial Uses in the CN-M, CC-M, OL, OG, IR, RF-C and ML Zoning Districts. The first 2,000 square feet Of gross floor area of existing commercial uses are exempted from the off-street parking requirements, New commercial uses are not exempted from the parking requirements. (c)Commercial Uses in the CC-A, CG-A, MG and RF-M Zoning Districts. Commercial uses are not exempted from parking requirements. AEPayment and Hearing Request Sheet Case # -BC20200064 06-30-2020 You have been charged with a civil violation of the Cincinnati Municipal Code. Please be advised: 1, THIS IS NOT A WARNING 2. ALL FINES DOUBLE if not paid or a written answer is not filed within 168 hours (7days) 3. Failure to timely answer this Notice of Civil Offense will be considered an admission of the violation and all available collection remedies and costs of collection may be pursued in that event. 4. You will be charged a $75. fee for this hearing request. You must do one of the following within 168 hours (7days) or THE FINE WILL DOUBLE. Please place an X in the appropriate box and sign and date the notice below. (LJ PAY THE FINE. Mail a check or money order made payable to the Treasurer, City of Cincinnati, for the payout amount listed on the first page of this notice along with a copy of the notice. |. L] REQUEST A FORMAL HEARING BEFORE A HEARING EXAMINER. If you dispute the Notice of Civil Offense & Civil Fine or have any questions or concerns regarding the Notice of Civil Offense & Civil Fine you may schedule a hearing. After your request for a hearing is received you will be notified by mail of your hearing date and time. All hearings are held in person at the OAH office. Failure to appear at a requested hearing will be considered an admission of the civil offense. HEARINGS ARE NOT SCHEDULED BY TELEPHONE. L]_ REQUEST A CURE CREDIT. If you admit the violation that Is the basis of the Notice of Civil Offense & Civil Fine and you have corrected that violation, you may request a 50% reduction in your fine if your Notice of Civil Offense & Civil Fine is marked as Reducible and you have corrected the violation. To request a cure credit, please submit a written request admitting the violation along with proof that the violation has been corrected. Your request must also include your name and address, the address where the violation occurred and the Notice of Civil Offense Number x Date. Signature Correspondence or Payments should be submitted to: Office of Administrative Hearings Two Centennial Plaza 805 Central Avenue, Suite 110 Cincinnati, Ohio 45202 To obtain additional information please contact the Office of Administrative Hearings at {513)352-4899, oah@cincinnati-oh.gov or visit us online at http://www.cincinnati-oh.gov/oah {AIA | |