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(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)
(a) Existing Premises.
(1) When deemed necessary to ascertain existing conditions, the Commissioner shall examine or cause to be examined all buildings or other structures or premises for which an application has been received for a permit to enlarge, alter, repair, move, demolish or change the occupancy or use classification thereof, before a permit or Certificate of Occupancy therefor is issued.
(2) The Commissioner shall inspect or cause to be inspected from time to time, as he or she deems necessary, all buildings or structures, including appurtenances and accessories thereto, liable to become a hazard to public safety through deterioration, dilapidation, corrosion or obsolescence, to verify proper maintenance as prescribed in Section 3101.10, continued compliance with the applicable provisions of OBBC and this Building Code and with other applicable laws, ordinances, rules and regulations, and continued compliance with the terms of any Certificate of Occupancy, approval and operation.
(b) At Site of Work. Administrative officers having jurisdictions under OBBC or this Building Code shall inspect or cause to be inspected all buildings and structures from time to time during and upon completion of the work for which a permit was issued. Such administrative officers shall make a record of every such examination and inspection and of all violations of OBBC or this Building Code.
(c) At Point of Manufacture. When deemed necessary by the administrative officer having jurisdiction, such officer may make or cause to be made an inspection of materials and assemblies at the point of manufacture or fabrication. However, inspections beyond the City limits shall be made at the expense of the person, firm or corporation requesting such inspection. The officer may make a record of every such examination and inspection.
(d) By Whom. Except when OBBC or this Building Code directs other administrative officers to make inspections, the inspections called for by these requirements shall be made by the Commissioner. The Commissioner may accept reports of inspectors of recognized inspection organizations, and of registered architects and registered professional engineers, provided that after investigation he or she is satisfied as to their qualifications and reliability. But no approval called for by any provision of OBBC or this Building Code shall be based on such reports unless the same are in writing and certified by a registered architect or registered professional engineer, or by a responsible officer of an inspection organization.
(a) Upon notice from the Commissioner or any other administrative officer having jurisdiction that work on any building or structure is being done contrary to the provisions of OBBC or this Building Code or in a dangerous or unsafe manner, such work shall be immediately stopped.
(b) Such notice shall be in writing and shall be given to the owner of the property or to his or her agent or to the person doing the work, and shall state the conditions under which work may be resumed. However, in instances where immediate action is deemed necessary for public safety or in the public interest, the administrative officer having jurisdiction may require the work be stopped upon verbal order pending the issuance of a written order.
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