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(a) Before the building department attempts to enforce Chapters 3781 and 3791 of the ORC or any rules adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13 or a stop work order as provided in section 114 of OAC 4101:1-1-01. Every adjudication order shall:
(1) Cite the law or rules directly involved and shall specify what appliances, site preparations, additions, or alterations to structures, construction documents, materials, assemblages or procedures are necessary to comply with Chapters 3781 and 3791 of the ORC.
(2) Include notice to the owner of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the owner that at the hearing the owner may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the owner.
(b) The Building Inspector is authorized to serve an order on the owner responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure. When the Building Inspector finds that work or equipment is contrary to approved construction documents, the Building Inspector shall send an order in writing to the owner of said building which shall state where and in what respect the work or equipment does not conform to the approved construction documents.
(1) The notice shall specify a reasonable period of time in which to conform to said construction documents.
(2) Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the construction documents and specifications for approval as required under section 105.3 of OAC 4101:1-1-01.
(c) Upon the issuance of any order provided for in this section or in section 114 of OAC 4101:1-1-01, the person receiving an order shall cease work upon the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Ohio R.C. 3781.19, and all appeals from such hearing have been completed, or the order has been released.
(d) When an owner fails to file construction documents as required under Ohio R.C. 3791.04 and fails to comply with an adjudication order relating thereto and issued under section 113.1 of OAC 4101:1-1-01, the owner may be prosecuted and is subject to a fine of not more than five hundred dollars as provided for in Ohio R.C. 3791.04.
(e) If an owner fails to comply with an order issued by the Building Inspector, and fails to comply with an adjudication order relating thereto and issued under section 113.1 of OAC 4101:1-1-01 and the time of appeal has expired, then the construction documents required under Ohio R.C. 3791.04 are deemed not to have been filed and approved, and the conditions of section 113.4 of OAC 4101:1-1-01 apply.
(f) Whenever the Building Inspector finds any work regulated by the OBC, as adopted in Section 1420.01, being performed in a manner contrary to the provisions of said code or in a dangerous or unsafe manner, the Building Inspector is authorized to issue a stop work order whenever the building official finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Ohio R.C. Chapters 3781 and 3791 or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified in the order.
(g) The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent and the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(h) Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.
(OAC 4101:1-1-01, sections 113 and 114)
(i) An appeal from any decision of the Building Inspector under this section may be taken within ten days from the date of the decision or notice, from which the appeal is taken by paying the required fee, from the current schedule, and filing with the Building Inspector and the State of Ohio Board of Building Appeals a notice of appeal, specifying the grounds therefor. The Building Inspector shall forthwith transmit to the State of Ohio Board of Building Appeals the papers upon which the action appealed was taken.
(Ord. 142-08. Passed 6-5-08.)