CHAPTER 1105
Enforcement and Penalty

1105.01   Administration and appeal.

1105.02   Completion and restoration of existing buildings.

1105.03   Severability.

1105.04   Fees for zoning permits.

1105.05   Effective period of zoning permits.

1105.06   Conditional use permits.

1105.99   Penalty.

CROSS REFERENCES

   Violation of zoning ordinances - see Ohio R.C. 713.13

   Powers of Building Commissioner - see ADM. 143.04

   Temporary and conditional uses; nonconforming uses - see P. & Z. Ch. 1147

   Building Code permits, fees and deposits - see BLDG. Ch. 1329

   Submission of plans to Architectural Board of Review; fee - see BLDG. 1329.08

1105.01 ADMINISTRATION AND APPEAL.

   (a)    This Code shall be enforced by the Building Commissioner. The Commissioner shall refuse to issue a permit if the proposed building or structure or use of the building, structure or land would violate any of the laws of the City or of the State. No person shall proceed with any construction or excavation that is not authorized by a permit, and any such construction or excavation shall constitute a violation to the same extent as though no permit had been issued.  If the Commissioner finds that any construction, reconstruction or other use of land or a building or other structure in the City is being done or has been done without a permit having first been obtained, as required under any of the laws of the City or of the State, the Commissioner shall immediately issue a "Stop Work" order if the work is under construction and/or an order to "cease and desist" the use or occupancy of all or any part of a building, structure or use which was built, constructed or used or is being used in violation of the laws of the City or of the State.  Such "stop work" order or "Cease and Desist" order shall remain in full force and effect until the owner has obtained all of the required permits and complied with all of the required laws pertinent to the building, structure or use and has paid the required additional permit fees.

   (b)   Any decisions of the Building Commissioner made in the enforcement of Code may be appealed to the Commission by any person or persons claiming to be adversely affected by such decisions, or in given cases Commission may, on its own motion, order the Building Commissioner to certify to it for review his records and findings relative to any permit issued or decision made by him.  Any such appeal or order to certify shall be taken within fifteen (15) days from the date of the filing of such decision with the Clerk, and the decision of the Commission shall have the same force and effect as in the case of appeals taken to the Commission by persons claiming to be adversely affected by the decision of the Building Commissioner.

      (1)   The Clerk shall send a written notice of all such appeals to every abutting property owner and to the property owner across the street, to the addresses shown on the most recent City records.  Any other person requesting a notice shall also receive one.  All notices shall be mailed by first class mail at least five (5) days prior to the date of the hearing before the Commission.  The failure to send or receive such notice shall not in itself invalidate the application or further proceedings; however, the Commission may postpone a hearing in whole or part for further notice or for any sufficient cause.  Any person signing a waiver shall not be entitled to notice.

      (2)   During the pendency of any appeal, the action of the Building Commissioner which has been appealed shall remain in full force and effect during the pendency of the proceedings.  The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath.  The Commission shall issue, modify or refuse the permit or affirm, reverse or modify the decision of the Building Commissioner in conformity with the provisions of this Code and the laws of the State.

   (c)   The provisions of Part Thirteen - the Building Code relating to the issuance of permits are hereby modified to conform to the provisions of this Code.  Any decisions of the Architectural Board of Review may be appealed to the Commission by any Applicant claiming to be adversely affected by such decisions.  During the pendency of any appeal, the action of the Architectural Board of Review which has been appealed shall remain in full force and effect.  The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath.  The Commission shall issue, modify or refuse to issue the permit or affirm, reverse or modify the decision of the Architectural Board of Review.

(Ord. 2018-94.  Passed 10-21-19.)

1105.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.

   Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued within thirty days of the date of such permit. Nothing in the Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the passage of the Code or prevent the restoration and securing of a building declared unsafe by the Building Commissioner. (Ord. 2018-94.  Passed 10-21-19.)

1105.03 SEVERABILITY.

   The sections, subsections, Districts and building lines forming a part of or established by the Code, and the several parts, provisions and regulations thereof, are hereby declared to be independent sections, subsections, Districts, building lines, parts, provisions and regulations, and the holding of any such sections, subsections, Districts, building lines, parts, provisions or regulations to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, District, building line, part, provision or regulation thereof. (Ord. 2018-94.  Passed 10-21-19.)

1105.04 FEES FOR ZONING PERMITS.

   Council may establish a schedule of fees for zoning permits, certificates of zoning compliance, development plan reviews, Conditional Use Permits, similar use determinations, appeals, variances, amendments, and other procedures and services pertaining to the administration and enforcement of Code.  The schedule of fees shall be available from the Building Department and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure. Fees in the Code may be amended as approved by Council from time to time.  Any such revisions to the fee schedule shall not be deemed an amendment to the Code.

(Ord. 2018-94.  Passed 10-21-19.)

1105.05 EFFECTIVE PERIOD OF ZONING PERMITS.

   (a)   If, after a permit has been issued, the operation called for by it is not begun six (6) 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 thereof.

   (b)   If after work has commenced, there is a cessation of the work for a period of six (6) 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 payments 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 property or materials, or the abatement of any condition of nuisance or danger.

   (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 (2) period shall run regardless of the issuance of a stop-work order issued by the Inspector of Buildings 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 (2) 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 (2) 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. 2018-94.  Passed 10-21-19.)