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When submitting an application for a hearing before the Board of Building Standards and Building Appeals, the application shall be accompanied by fee payment in full as follows:
Type Hearing
|
Fee
|
Owner occupied single-family dwelling appeal | $15.00 |
Single-family (non-owner-occupied) 2and 3 family dwelling appeals | $30.00 |
Other type building appeals | $130.00 |
Product approvals and any other appeals | $65.00 |
Time extension appeal | $20.00 |
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure, or premises, or to prevent an illegal act, conduct, business, or use, in or about any premises, or to require compliance with provisions of OBBC or this Building Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Commissioner, the Board of Zoning Appeals or the Board of Building Standards and Building Appeals.
(a) No owner, vendee in possession, mortgagees or receiver in possession, lessee or joint lessee of the whole thereof, nor shall any other person, firm or corporation control, maintain or conduct any residential occupancy building which has been illegally converted without the required permit issued by the Commissioner of Building and Housing and which is used or occupied without a Certificate of Occupancy issued by the Commissioner.
(b) No contractor shall illegally convert any residential occupancy building or any part thereof by performing or causing to be performed any construction, repairs or alterations in or for such building without first obtaining the required permit issued by the Commissioner of Building and Housing or perform or cause to be performed in any residential occupancy building or any part thereof, any construction, repairs or alterations contrary to the drawings, plans or permit applications as approved by the Division of Building and Housing in issuing the required permit.
As used in this section, “contractor” means any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or herself or by or through others, construct, repair, alter, add to, subtract from, or improve any building or other structure or any part thereof. The term contractor includes subcontractor.
(a) The Director of Community Development is hereby authorized to adopt such written rules and regulations as may be necessary for the proper interpretations and enforcement of this Building Code. Such rules and regulations shall not conflict with or waive any of the provisions of this Building Code or of these Codified Ordinances. Such rules and regulations shall be submitted to the Board of Building Standards and Building Appeals for approval, and no such rule or regulation shall be adopted without such approval. Failure of the Board to approve, disapprove or modify such rules and regulations within ninety (90) days after submission shall be deemed to constitute approval hereof.
(b) Such rules and regulations, upon adoption, shall be published in the City Record for two (2) consecutive weeks, and shall be in effect on and from fifteen (15) days after the second publication therein. Such rules and regulations shall have the force and effect of this Building Code, and shall continue in effect until revoked by the Director with the approval of the Board or by action of Council.
(a) No person shall fail to comply with any provision of OBC or this Building Code or any code adopted therein or any rule or regulation promulgated thereunder or fail to comply with any lawful order issued thereunder, including but not limited to any notice to repair, rehabilitate or demolish a building or other structure or fail to comply with a notice requiring the abatement or removal of a violation or requiring compliance with any provision of this Building Code or cause or permit the same to be done.
(b) No person shall fail or neglect promptly to notify the administrative officer having jurisdiction that work under a permit issued pursuant to the provisions of OBC or this Building Code has been begun.
(c) No person shall perform any work or install any appliance, device or equipment without first obtaining the permit required therefor under OBC or this Building Code; nor refuse, neglect or fail to obtain any permit required under OBC or this Building Code for the storage, use or handling of a hazardous substance; nor block, wedge or otherwise hold in an open position any self-closing door required under OBC or this Building Code to be maintained in a normally closed position.
(d) No person shall perpetrate a fraud or misrepresent a material fact by reason of which any permit or approval required under OBC or this Building Code is obtained; nor pursue any trade or business or perform any work or service for which a license, certificate of registration or certificate of qualification is required under OBC or this Building Code without possessing such license or certificate.
(e) No person shall fail to comply with any stop work order issued under the provisions of this Building Code; nor refuse, neglect or fail to comply with a notice to repair, rehabilitate or demolish a building or other structure declared to be unsafe under the provisions of this Building Code; nor maintain a use or occupancy prohibited by this Building Code; nor refuse, neglect or fail to maintain stair enclosures, stairways, fire escapes, exit passageways or other required means of egress in a safe and usable condition as required by OBC or this Building Code.
(f) No person shall refuse, neglect or fail to comply with a written order issued under the provisions of this Building Code requiring the immediate abatement of a dangerous condition when immediate compliance with such order is essential for the public health, safety and welfare.
(g) No person shall convert any residential occupancy building or any part thereof by performing or causing to be performed any construction, repair or alteration in or for such building without first obtaining the required permit.
(h) No person shall fail to install, repair, or alter material or equipment in a workmanlike manner. For the purposes of this Building Code, workmanlike manner shall be defined as work that occurs in accordance with the standards set forth in the latest edition of the “Residential Construction Performance Guidelines for Professional Builders and Remodelers” as published by the National Association of Home Builders.
(i) No person shall fail to perform work in a workmanlike manner pursuant to division (h) of Section 3103.25.
(j) No person shall abandon work for more than ninety (90) days in a substantially incomplete state. For purposes of this Building Code, work that is abandoned for more than ninety (90) days in a substantially incomplete state shall be considered work that is not performed in a workmanlike manner pursuant to division (h) of Section 3103.25.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
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