1329.01 PERMIT APPROVAL.

(a) The Building Commissioner shall receive applications for building permits on forms he or she provides requiring information necessary to comply with all legal requirements.

(b) Where deed restrictions are recorded on land in favor of the City, limiting or regulating the improvements which may be constructed on such land, the Commissioner shall not issue a permit until he or she has determined that the permit will not violate such deed restrictions.

(c) Where the application for a building permit is on land which is owned or controlled by a condominium or homeowners' association, the Commissioner shall require a letter from such association approving the application.

(d) Where an application is not signed by an owner of the property to be improved, the Commissioner may require the owner to approve the application before the permit is issued.

(e) If the Commissioner finds that issuance of the permit would violate the law, he or she shall not issue it, or, if the permit has already been issued, he or she shall void it. If a restraining order is issued by a court, the permit shall not be issued until the court resolves the legal issues. Otherwise, the permit shall be issued.

(Ord. 2020-72. Passed 5-18-20.)

1329.02 EFFECTIVE PERIOD OF PERMITS.

(a) If, after a permit has been issued, the operation called for by it is not begun within six months of the date thereof, such permit shall be void. Before operation can begin, a new permit shall be taken out by the owner or by his agent, contractor or architect, and fees fixed in this chapter for the original permit shall be paid therefor.

(b) If after work has commenced, there is a cessation of the work for a period of six months, then, upon notice to the holder of a building permit, which notice may be posted upon the premises, the permit shall expire. Before work may be continued, the permit must be renewed by the payment of a fee herein fixed for an original permit. Upon the cessation of work for any length of time, the Building Commissioner may order the filling in of any excavation, the protection of property or materials, or the abatement of any condition of nuisance or danger. The Building Commissioner shall have the authority to allow for reasonable extensions of the timelines herein.

(c) After work has been commenced, all work to be performed under such permit, including finish grading leveling of all excavations, provision for motor vehicle access to any main building and adequate enclosing and preservation from the elements shall be completed in accordance with plans and specifications within two years from the date of such permit. Such completion must be sufficient to permit use of any building for which it may be designed, sufficient to prevent the creation of nuisances or dangerous conditions or the unnecessary deterioration of materials, and sufficient to prevent a continuing adverse effect upon surrounding property values. Such two-year period shall run regardless of the issuance of a stop-work order issued by the Building Commissioner for a failure to comply with or for a violation of any of the provisions of this Building Code.

(d) Failure to complete any operation or work for which a permit has been issued within two years from date thereof, as provided herein, shall be deemed a violation of this section by the owner of any property upon which such condition exists.

(e) Upon the failure of any owner of property to complete any operation or work for which a permit has been issued within two years from date thereof, as provided herein, the Building Commissioner may institute an injunction suit in the Court of Common Pleas of Cuyahoga County for an order of Court ordering such property owner to complete such operation or work within a specified time, to remove any incomplete building or structure, to fill or grade any excavation, to abate any condition of nuisance or danger, or for other relief appropriate to the enforcement of this Building Code.

(f) Failure to obtain a permit within two (2) years after final site development plan approval or final approval of the Architectural Board of Review shall void all approval previously given. Thereafter, a new application must be made and another fee paid.

(g) A permit shall be obtained from the Building Commissioner for all items listed in this chapter. No work may commence unless the proper permit listed in this chapter is first obtained by the owner of a property or his or her authorized agent.

(Ord. 2020-72. Passed 5-18-20.)

1329.025 TYPES OF INSPECTIONS.

For onsite construction, renovation or repair work, from time to time the Building Official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.

(a) Foundation Inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Drain tile systems and foundation weatherproofing shall be inspected prior to concealment.

(b) Plumbing, Mechanical, Gas and Electrical Systems Inspections. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

(c) Frame and Masonry Inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, firestopping, draftstopping, and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved. After the framing inspection is approved, the final insulation and energy code compliance inspection shall be made prior to concealment.

(d) Other Inspections. In addition to the called inspections above, the Building Official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the Building Official.

(e) Fire-Resistance-Rated Construction Inspection. Where fire resistance-rated construction is required between dwelling units or due to location on property, the Building Official shall require an inspection of such construction after all lathing and/or wall board is in place, but before any plaster is applied, or before wall board joints and fasteners are taped and finished.

(f) Final Inspection. Final inspection shall be made after the permitted work is complete and prior to occupancy.

(g) Inspection Agencies. The Building Official is authorized to accept reports of approved independent agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

(h) Inspection Requests. It shall be the duty and responsibility of the permit holder or their agent to notify the Building Official that such work is ready for inspection. It shall be the duty and responsibility of the person requesting any inspections required by the Code to provide access to and means for inspection of such work.

(i) Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. (Ord. 2004-149. Passed 11-15-04.)

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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