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All interior window coverings, hardware and mechanisms shall be maintained in good repair and working order. No person shall utilize materials, including, but not limited to sheets, plywood, blankets, newspapers, dark plastics, cardboard or other materials not intended or designed as window treatments/coverings to be hung in windows for more than thirty (30) days, unless a building permit is secured for rehabilitation or repair.
(Ord. 63-07. Passed 1-20-2009.)
(a) Imminent Danger. If a building or structure creates a substantial risk to the life or safety of its occupants due to the imminent or potential failure or collapse of said structure; or if the structure endangers individuals in the proximity of said structure due to toxic or explosive fumes, vapors or gases, or explosives, or defective or dangerous equipment; or if the structure creates a substantial risk to the life or safety of its occupants due to the lack of utilities, including, but not limited to, water, gas or electric, the Building Commissioner is hereby authorized to order the occupants to vacate the premises. The Building Commissioner shall post prominently at or on said structure a notice stating:
“THE OCCUPANCY OF THIS STRUCTURE CREATES A RISK OF IMMINENT HARM AND HAS BEEN VACATED. ITS OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING COMMISIONER”.
(b) Temporary Safeguards. The Building Commissioner is authorized to order the abatement of an unsafe condition of a building or structure that poses an imminent danger to occupants or others, including but not limited to the boarding-up of openings and cessation of utilities.
(c) Costs of Emergency Repairs. Any and all expenses or costs incurred under this section for securing a structure shall be paid by the owner of such building or structure. A statement of costs incurred shall be sent to the property owner demanding payment. If payment of such costs is not made within thirty (30) days from the date of the statement, the Commissioner may certify the amount to the City including collection agency fees. The City may make written return to the County Auditor of the action under this section with a statement of the charges for services, the amount paid for the performing of labor and a proper description of premises. Certification to the County Auditor is for the purpose of making expenses and costs a lien upon the lands, to be collected as other taxes and returned to the City of Lakewood. Notwithstanding the method of collection set forth in this subsection, the Director of Law may take any action necessary to collect the costs of demolition, boarding or other nuisance abatement from the owner or other responsible party.
(d) Appeal. Any aggrieved party may appeal an order of the Building Commissioner issued under Section 1306.74(a) above as follows:
(1) Appeal to the Director of Public Safety or his/her designee.
A. The aggrieved party shall have a right to appeal to the Director of Public Safety, or his/her designee, within one (1) day of the issuance of the Commissioner’s order. The filing of an appeal shall not stay or delay execution of Commissioner’s order.
B. The Director of Public Safety, or his/her designee, shall hold and conduct a public hearing within three (3) days of the receipt of the notice of appeal.
C. In any such appeal, the City must show by preponderance of the evidence the existence of the condition or defects that are noted in the Commissioner’s order.
D. The Director of Public Safety, or his/her designee, upon hearing all the facts and evidence shall make a determination as to whether the City has met its burden to show the existence of the condition or defects in the Commissioner’s order. Such determination shall e made within one day of the close of the hearing.
E. If the Director of Public Safety, or his/her designee, makes a determination that the City has met its burden, then the decision of the Director of Public Safety, or his/her designee, shall become a final order.
F. The Director of Public Safety, or his/her designee, shall publish its decision and serve notice by certified mail to the appellant.
G. Any order issued by the Commissioner shall automatically become a final order if a written notice of appeal is not filed in the office of the Director of Public Safety, or his/her designee, within the time set forth above.
(2) Appeal to Court of Competent Jurisdiction. Notwithstanding any provisions contained herein, any aggrieved party shall have the right to appeal the decision and order of the Director of Public Safety, or his/her designee, to a court of competent jurisdiction. In the absence of an appeal, all actions taken shall constitute a valid exercise of the police powers of the City. (Ord. 108-10. Passed 2-7-2011.)
(a) All occupiable structures 30 years old and older, and four stories or more in height shall every three years have the exterior facades inspected to ASTM E2270 standards by a registered architect or engineer specializing in structural engineering and licensed to practice in the State of Ohio. The inspection shall include but shall not be limited to parapet walls, wall cladding, brick, stone, masonry, or any other exterior element creating the exterior wall construction, capping, or detailing. This report shall be provided to the Building Commissioner or his/her designee in writing every five years. The report shall be prepared by and bear the seal of a registered architect or engineer who specializes in structural engineering as well as his/her observations of the facade. If the report reveals an immediately hazardous condition, the owner shall immediately begin repair, reinforcement or precautionary measures as to abate the immediate hazard and within 24 hours, notify the Building Commissioner for further direction. After review of the report the Building Commissioner or his/her designee will provide in writing to the building owner a report with the corrections to be made as well as a timeline to make those corrections in (if any corrections are necessary). All conditions noted in the Building Commissioner's report shall be abated within a reasonable time as determined by the Building Commissioner by a company qualified to make those repairs, also as determined by the Building Commissioner, after first submitting permit applications and construction documents sealed by an architect or engineer specializing in structural engineering. No work shall commence prior to the issuance of a permit by the Division of Housing and Building. The Building Commissioner shall require additional evaluations of the structure if he or she believes that the structure has fallen into disrepair.
(b) All above ground parking structures, having ten spaces or more, and all below ground parking structures shall every five years be inspected by a registered architect or engineer specializing in structural engineering and licensed to practice in the State of Ohio. The inspection shall include but not limited to all structural components, columns, piers, beams, concrete, steel, roof decks, floor and pavement, exterior cladding if applicable. The registered architect or engineer specializing in structural engineering shall provide in writing bearing his/her seal a report specifying the areas of concern as well as the repairs required (if any are necessary). If the report reveals an immediately hazardous condition, the owner shall immediately begin repair, reinforcement or precautionary measures as to abate the immediate hazard and within 24 hours, notify the Building Commissioner for further direction. The Building Commissioner or his/her designee will then respond to the building owner in writing the corrections to be made, as well as a timeline to complete the repairs. All conditions noted in the Building Commissioner's response shall be abated within a reasonable time as determined by the Building Commissioner by a company qualified to make those repairs, also as determined by the Building Commissioner, after first submitting permit applications and construction documents sealed by an architect or engineer specializing in structural engineering. No work shall commence prior to the issuance of a permit by the Division of Housing and Building. The Building Commissioner shall require additional evaluations of the structure if he or she believes that the structure has fallen into disrepair.
(Ord. 05-22. Passed 3-21-22; Ord. 13-2024. Passed 7–15-2024.)
(a) The Building Commissioner or designee, is hereby authorized to establish rules and regulations preventing back flows into the public water supply and controls to prevent cross-contamination of the public water supply. An approved backflow prevention assembly is necessary for the safety of the public water system, the Building Commissioner or designee will give notice to the water consumer to install such an approved assembly immediately. The water consumer shall, at his own expense, install such an approved assembly at a location in a manner approved by the Building Commissioner or designee and shall have inspections and tests made of such approved assemblies as required by the Building Commissioner or designee.
(b) No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the City of Lakewood may enter the supply or distributing system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Building Commissioner and by the Ohio Environmental Protection Agency.
(c) The Building Commissioner or designee shall cause surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Building Commissioner or designee shall deem necessary.
(d) The Building Commissioner or designee shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City of Lakewood. for the purpose of inspecting the piping system or systems thereof. On demand the owner, lessees or occupants of any property so served shall furnish to the Building Commissioner or designee any information which is requested regarding the piping system or systems, or water use on such properly. The refusal of such information, when demanded, shall, within the discretion of the Building Commissioner or designee, be deemed evidence of the presence of improper connections as provided in this section.
(e) That the Building Commissioner or designee is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions shall have been eliminated or corrected in compliance with the provisions of this section.
(f) Draft regulations on backflow protection and cross-contamination control are attached to Ordinance No. 30-2022 as Exhibit A.
(Ord. 30-2022. Passed 10-17-22.)
(a) Whoever refuses, neglects or fails to comply with an order to stop work issued under the provisions of this Code or other applicable Codes of the City; or refuses, neglects, or fails to comply with a notice to repair, rehabilitate, or demolish a building or other structure declared to be unsafe under the provisions of this Code, or refuses, neglects, or fails to comply with a notice requiring the abatement or removal of a violation or requiring compliance with any provisions of this Code or other applicable Codes or any rule or regulation hereunder within the time limit set forth in such notice, or maintains a use or occupancy prohibited by this Code; shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) dollars nor more than one-thousand dollars ($1,000) for a first offense, and for a second or subsequent offense shall be guilty of a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a separate offense.
(b) 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 repair or maintenance; or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or 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 Commissioner, the Mayor, the Board of Zoning Appeals and Board of Building Standards and Building Appeals.
(Ord. 68-97. Passed 4-20-1998.)
(a) Any person who violates any provision of this Code shall be guilty of a misdemeanor of the fourth degree on a first offense. If the offender has previously been convicted of a violation of this section, a violation is a misdemeanor of the third degree. If the offender has previously been convicted of two violations of this section, a violation is a misdemeanor of the second degree. If the offender has previously been convicted of three or more violations of this section, a violation is a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a separate offense.
(b) Any person who violates any provision of this Code which results in damage to property, injury to person or substantial risk of harm, shall be guilty of a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a separate offense.
(c) 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 repair or maintenance; or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or 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 Commissioner, the Mayor, the Board of Zoning Appeals and Board of Building Standards and Building Appeals.
(Ord. 04-2022. Passed 3-7-22.)