1371.01 SHORT TITLE.

   This Title Seven of Part Thirteen of these Codified Ordinances shall be known and may be cited and referred to as "The Commercial Structural Maintenance Code (Commercial Code) of the City of Beachwood," or just "the Commercial Code."

(Ord. 1992-114. Passed 11-16-92.)

1371.02 PURPOSES; INSPECTIONS BY THE BUILDING INSPECTOR AND FIRE INSPECTOR.

   This Commercial Code is intended to regulate all structures in the City except one, two and three-family dwellings, which are regulated in Chapters 1351 et seq. (the Housing Code). The purposes of this Code are to establish minimum standards necessary to make exterior property areas and parts of a structure, where possession and control remain with the owner or owner's agent (public areas), safe, sanitary, free from fire and health hazards, fit for human occupancy and beneficial to the public welfare; to establish minimum standards governing the maintenance of such structures and exterior property areas in such condition as to prevent blight or deteriorating conditions in the neighborhood and the City; to fix responsibilities for owners and occupants of commercial structures with respect to sanitation, repair and maintenance; to authorize the inspection of land and structures; to establish enforcement procedures; to authorize the vacation or condemnation of structures unsafe or unfit for human occupancy; and to provide penalties for violations. 

   While it is the primary purpose of this Commercial Code to inspect in accordance with this Code, the Building Commissioner, the Fire Inspector and their respective assistants may inspect any or all of any land or structure when such inspection is determined to be necessary by the inspecting officer. 

(Ord. 1992-114. Passed 11-16-92.)

1371.03 SCOPE.

   The provisions of this Commercial Code shall be supplementary to all other ordinances of the City relating to the construction, use and maintenance of commercial buildings and shall apply to all such buildings or portions thereof. 

(Ord. 1992-114. Passed 11-16-92.)

1371.04 APPLICATION TO EXISTING BUILDINGS.

   Existing buildings or portions thereof presently used may continue to be occupied if: 

   (a)    The building complies with this Commercial Code, except as to any variance heretofore specifically granted by the City or State. 

   (b)    The use and occupancy of the building is not in violation of any ordinance of the City or applicable statute of the State, or both, including any rules and regulations adopted pursuant to such ordinances or statutes. 

   (c)   The building or use and occupancy of the building is not in compliance with, or is in violation of, subsection (a) or (b) hereof, but after notice from the Building Department or Fire Department, the owner submits a plan of correction which is accepted, in writing, by the Building Department or Fire Department, and the terms and conditions of the City's approval of the plan of correction are met.

      (Ord. 1992-114. Passed 11-16-92.) 

1371.05 CONFLICT OF LAWS.

   In the event of conflict between any of the provisions of this Commercial Code and any of the provisions of the ordinances of the City, the provisions of this Code shall prevail. 

(Ord. 1992-114. Passed 11-16-92.)

1371.06 SEPARABILITY.

   Sections and subsections of this Commercial Code, and the several parts and provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part or provision.  (Ord. 1992-114. Passed 11-16-92.)

1371.07 ENFORCEMENT; EQUITABLE REMEDIES.

   The imposition of any penalty as provided for in this Commercial Code shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent any unlawful repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building, structure or premises; or to require compliance with this Commercial Code, other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner, the Fire Inspector, the Planning and Zoning Commission, or the Architectural Board of Review.

(Ord. 1999-195.  Passed 8-7-00.)