3103.01 Powers and Duties of Director of Building and Housing
3103.02 Conflict of Interest
3103.03 Nonliability of Enforcing Officials
3103.04 Right of Entry and Inspection
3103.05 Permission to Enter Adjoining Premises
3103.06 Inspections; Type and Procedure
3103.07 Stop Work Orders
3103.08 Permit or Approval Revocation
3103.09 Unsafe Structures and Exterior Property Nuisances; Violations and Remedial Notices; Cost Recovery
3103.091 Utility Shut-Off in Vacant and Unsafe Structures
3103.092 Prohibiting Corporations from Owning or Transferring Real Property Without Registering with the Ohio Secretary of State
3103.10 Abandoned Service Stations
3103.11 Restraining Order
3103.111 Ticketing by Employees of the Department of Public Service
3103.12 Requirements Not Covered by Code
3103.13 Alternate Materials and Construction
3103.14 Re-Use of Used Materials
3103.15 Tests of Materials or Methods
3103.16 Prohibition of Urea Formaldehyde Foam Insulation
3103.17 Prefabricated Assemblies
3103.18 Exceptions and Variances
3103.19 Board of Zoning Appeals Jurisdiction
3103.20 Board of Building Standards and Building Appeals; Duties and Procedure
3103.21 Board Hearing and Time Extension Fees
3103.22 Other Legal Action
3103.23 Illegal Conversion of Residential Occupancy Buildings
3103.24 Rules and Regulations
3103.25 Violations Generally
3103.99 Penalty
Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 1116-A-85, passed February 10, 1986.
(a) General Duties. The Director of Building and Housing with the assistance of officials of the divisions of the City having jurisdiction, is hereby authorized and directed to enforce the provisions of OBC and this Building code, to administer and direct the Department of Building and Housing and to establish policies, procedures and standards for its efficient operation, to review plans and specifications, to issue building permits and certificates, to conduct inspections, to issue rules and regulations for the operation of the Department consistent with OBC and this Building Code, to maintain records and make reports, and to perform such other duties and services as may be necessary to execute the provisions of OBC and this Building Code, and be consistent herewith, or as may be imposed upon the Director by law or by ordinance or by direction of the Mayor.
(b) Deputy. The Director shall designate as his or her deputy a qualified person who shall exercise all powers of the Director during his or her absence or disability. The Deputy Director shall be appointed and may be removed by the Director in accordance with the Civil Service provisions of the charter.
(c) Records. The Director shall keep, or cause to be kept, permanent, accurate records of all of the business of the Department. The records of the Department shall be open to public inspection during business hours as designated therefore by the Director.
(d) Acknowledgements and Reports. The Director shall promptly acknowledge receipt of all official communications, notices and reports. The Director shall prepare annual reports as mandated or required by the Mayor.
(e) Cooperation of Other City Departments. The officials of other City departments and divisions having jurisdiction or control of construction, use or occupancy under the provisions of this Building Code or under other applicable laws, ordinances, rules, or regulations, shall cooperate and assist in the enforcement of the provisions of OBC or this Building Code. Any City employee empowered to make inspections of buildings, structures or premises, shall promptly report to the administrative officer having jurisdiction any violation of OBC or this Building Code perceived in the performance of his or her duties.
Any administrative officer directed or empowered to act under any provision of OBC or this Building Code shall act promptly, and without unnecessary delay.
(f) Authority to Act. Whenever in OBC or this Building Code an Administrative Officer is directed or empowered to perform duties or exercise authority it shall be interpreted to mean such administrative officer or his or her duly authorized representative or inspector.
(g) Authorizing Procedures for Fire Insurance Proceeds. The City of Cleveland adopts and accepts the provisions and procedures set forth in RC 3929.86, particularly divisions (c) and (d), providing for the transfer and receipt of portions of fire insurance proceeds. The Director of Building and Housing is designated as the officer of the City of Cleveland to carry out the duties under that Section. The fire insurance proceeds received shall be placed in Fund No. 80 SF 085 to be used for demolition, boarding up, repairing, or otherwise securing of properties. As stated in the relevant provisions of the Ohio Revised Code, excess funds shall be returned to the insured when repair, removal, or securing of the building or structure has been performed by the City or completed by another entity. For purposes of this section, repair, removal or securing is not completed until the structure or building is demolished or able to be occupied for its intended and legal use as verified by the Director of Building and Housing.
(Ord. No. 951-04. Passed 10-11-04, eff. 10-13-04)
No officer or employee of the Division of Building and Housing shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or other structure, or in the making of plans or of specifications therefor, unless he or she is the owner of such building or structure. No such officer or employee shall engage in any work which is inconsistent with his or her duties or with interests of the Division.
Any officer or employee charged with the enforcement of OBBC or this Building Code, acting for the City in good faith and without malice, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the performance of his or her official duties. Any suit brought against any officer or employee because of any act or omission in the enforcement of any provision of OBBC or this Building Code shall be defended by the Department of Law until final termination of the proceedings.
(a) The Director and the Fire Chief or any of their assistants may, at any reasonable hour, enter any dwelling, multifamily dwelling, building, structure or premises within the City to perform any duty imposed on them by OBBC or this Building Code, or the City Housing or Fire Prevention Codes subject to the requirements and authority of Section 367.03.
(b) No person shall refuse to permit such emergency entry or inspection, nor shall any person hinder, obstruct, resist or abuse any person making or attempting to make such entry or inspection.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
(a) For the purpose of performing repairs, alterations or maintenance on the exterior of any dwelling, building or structure, necessary to effect compliance with the provisions of any Ohio statute, OBBC, the City’s Building or Housing Codes or any other City ordinance, or any lawful rule adopted or order issued pursuant thereto, a property owner or his or her agent or employee shall obtain the consent to enter the adjoining premises from the owner, agent or occupant of such premises. If consent is granted, the party requesting permission to enter shall preserve and protect from injury at all times and at his or her own expense such adjoining structure or premises.
(b) Should consent be denied, the party seeking permission to enter the adjoining premises may apply in writing to the Commissioner who shall conduct the necessary investigation into the matter, and upon good cause shown, may order the issuance of a permit to enter the adjoining premises. Such order may be appealed to the Board of Building Standards and Building Appeals by the owner, agent or occupant of the adjoining premises, or by the party seeking permission to enter the adjoining premises, if such permission is denied.
(c) The procedure for appeal under this section shall be as follows:
(1) The appeal shall be in writing and be submitted to the Board within five (5) regular business days from the date notice is received that a permit has or has not been issued, which notice shall be given by the Commissioner to the party seeking to enter the adjoining premises, and to the owner, agent or occupant of such premises.
(2) Upon the filing of an appeal, a hearing shall be held before the Board, at a time and place fixed by the Board.
(3) Except in cases of emergency as set forth in division (j) of Section 3103.09, the filing of an appeal shall suspend the issuance of a permit to enter the adjoining premises until the appeal is acted upon by the Board.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
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