(a) Inspections authorized. The Building Inspector is hereby authorized to make, or cause to be made, inspections of all structures or premises included in the scope of this Code and all secondary or appurtenant structures to determine whether such structures or premises conform to the provisions of this Code.
(b) Right of entry. The Building Inspector may at any reasonable hour, enter any building, structure, or premises within the City to perform any duty imposed by this Code provided that permission to enter is obtained from the occupant or, in the case of unoccupied property from the owner or his agent. If such permission is refused or is otherwise unobtainable, a search warrant must be obtained before such entry or inspection is made, except in the case of an existing emergency in which case entry may be made at any time and no search warrant is necessary. 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.
(c) Notice of violation; legal service.
(1) Whenever the Building inspector finds any building, structure or premises, or any part thereof, to be in violation of the provisions of this Code, the Building Inspector shall give or cause to be given or mailed to the owner of such structure or premises a written notice stating the violations therein. Such notice shall order the owner, within a stated reasonable time, not less than thirty days, to repair, improve or demolish the structure or premises concerned. Such delivery or mailing shall be deemed legal service of notice.
(2) If the person to whom a notice of violation is addressed cannot be found within Columbiana County after a reasonable and diligent search, then notice may be sent by certified mail to the tax mailing address listed by the Columbiana County Auditor, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice.
(d) Remedies for noncompliance. Whenever the owner of a structure or premises, or part thereof, fails, neglects or refuses to comply with any notice of the Building Inspector the Building Inspector may issue a second notice to such owner ordering the structure or premises, or part thereof, to be repaired, improved or demolished within such time as shall be stated in such notice, but which shall be not less than ten days. Such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Failure to comply with said second notice is prima-facie evidence of violation of the Business Maintenance Code.
(e) Right of appeal. The owner of any structure or premises shall have the right to appeal from any order of, or written notice issued by the Building Inspector, within ten days from the date such notice was given or mailed or order issued, and to appear before the Board of Zoning Appeals at a time and place fixed by the Board, to show cause why he should not comply with such notice. Such appeal must be in writing. Failure to file a written appeal with the Board within the time prescribed herein shall constitute a waiver of the right to appeal. However, filing of an appeal from any such notice shall suspend action on enforcement of such notice until the appeal is acted upon by the Board.
(f) Appeal powers of Board. In appeals to it, the Board of Zoning Appeals shall have authority to:
(1) Hear and decide any appeal where it is alleged that there is an error in any order, requirement or determination made by the Building Inspector in the enforcement of this Code.
(2) Allow or permit variations where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Code, so long as the varying or modification of a requirement of this Code will be in harmony with the general purpose and intent of the Code, and the public health, safety and general welfare will be safeguarded and substantial justice done.
(g) Penalty does not preclude other remedial action.
(1) The imposition of any penalty, as provided for in this Code, shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building, structure or premises; to require compliance with the provisions of this Code or other applicable laws, ordinances, rules or regulations; or the orders or determinations of the Building Inspector or the Board of Zoning Appeals.
(2) In the event that the owner shall fail, neglect, or refuse to comply with the second notice referred to above, the Building Inspector may proceed to have the building or structure secured for safety purposes, and the cost of such work shall be paid by the City. If the City is not immediately reimbursed for such costs, the total cost as defined in Ohio R.C. 715.261(A) shall be collected as provided in Ohio R.C. 715.261(B)(1) or (2).
(Ord. 17-2009. Passed 11-23-09.)