(a) Before the Building Inspector attempts to enforce this code 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 this section. Every adjudication order shall:
(1) Cite the law or rules directly involved and shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with this code.
(2) Include notice to the party 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 party that at the hearing, the party may be represented by counsel, present arguments or contentions orally or in writing, and present evidence and examine witnesses appearing for or against the party.
(b) (1) The residential building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a residential building or structure. When the residential building official finds that work or equipment is contrary to approved residential construction documents and the rules of the board, the residential building official shall send a notice in writing to the owner of said residential building or the owner's agent which shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the board. The notice shall specify a reasonable period of time in which to conform to said plans or the rules of the board.
(2) Before any work may continue on the construction, erection, alteration, or equipment of any residential building for which the approval is invalid, the owner of the residential building shall resubmit the plans or drawings and specifications for approval as required under section 105.3 of OAC 4101:8-1.
(c) Upon the issuance of any order provided for in this section, the person receiving an order shall cease work upon the site preparations or structure to be constructed 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 residential construction documents as required by this code and fails to comply with an adjudication order issued under this section, said 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 issued under this section and the time of appeal has expired, then the residential construction documents required under Ohio R.C. 3791.04 are deemed not to have been filed and approved, and the conditions of this section apply.
(OAC 4101:8-1-13)
(f) Whenever any work regulated by this code is being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Building Inspector is authorized to issue a stop work order whenever the Building Inspector finds, after inspection, that the site preparations, structure being constructed, 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 this code. 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) No person 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 4101:8-1-14)
(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 City of London Board of Building Appeals, or alternative authority identified pursuant to Section 1444.01, a notice of appeal, specifying the grounds therefor. The Building Inspector shall forthwith transmit to the City of London Board of Building Appeals, or alternative authority identified pursuant to Section 1444.01, the papers upon which the action appealed was taken.
(Ord. 143-08. Passed 6-5-08.)