(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)