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Said Residential Code is amended and changed in the following respects:
(a) Section R-113.4 of Chapter 1 titled, "Violations, Failure to file construction documents, penalty " is hereby amended, and as amended, shall add as follows:
It shall be unlawful for any person, firm or corporation whether as owner, lessee, sub-lessee or occupant to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain, any one, two and three family dwelling, their appurtenances and accessory structures, in the jurisdiction or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Code.
The Chief Building Official is authorized to serve a notice of violation or order on the owner, lessee, sub-lessee, occupant, contractor, or other persons responsible for the erection, construction, alteration, extension, repair, moving, removal, conversion, equipment, maintenance, demolition or use or occupancy of a building or structure in violation of the provisions of this Code, or in violation of an approved plan, permit or certificate issued under the provisions of the Code.
It is hereby declared that any violation of the Code constitutes a public nuisance, and in addition to any other remedies provided by the Code for its enforcement, the City may bring civil suit to enjoin the violation of any provisions of the Code.
If for any reason any one or more sections, sentence clauses or parts of the Code are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of the Code.
Any person, firm, or corporation violating any of the provisions of the Code or the amendments or additions thereto, or failing to comply with any order issued pursuant to any section thereof, shall be guilty of a misdemeanor of a second degree and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment of not more than sixty (60) days or both, for each offense. Each day that a violation continues shall be deemed a separate offense.
(b) Section R-112.1 of Chapter 1 titled “Board of Appeals, General” is hereby amended, to add as follows:
All persons shall have the right to appeal the Building Official’s decision to the Mentor Board of Building and Zoning Appeals as provided in Section 6.02 of the Mentor City Charter.
(c) Section 112.1 of Chapter 1 titled, " Board of Appeals" is hereby amended, to add as follows:
Section 112.2 “Limitations on Authority” In its deliberations the designated Board of Building Appeals shall consider the following. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code without an equivalent proposed method of provision for safety or sanitation.
(d) Section 4301.1 of Chapter 43 titled, "Referenced Standards" under the ICC heading, is hereby amended, to add as follows:
The chapters in the International Residential Code for One and Two Family Dwellings relating to plumbing are hereby made a referenced standard to the Residential Code as adopted in the Mentor Code of Ordinances. Where differences occur between the code and referenced standards, the provisions of the code shall apply. Methods, materials, fixtures, and devices specifically prohibited by the Ohio Residential Code shall be prohibited. All minimum standards and/or sizes in the Ohio Residential Code shall be the minimum required standard. The referenced plumbing standards shall apply to plumbing work as it relates to residential construction practices where not in conflict with the Ohio Residential Code. Amended, Ord. 8-O-116, 9/20/88, Amended, Ord. 97-O-01, 1/7/97
(e) No building or structure shall be erected, constructed, altered, moved, converted, extended, equipped, or enlarged without a building permit issued by the Chief Building Official. Permit approval by the Chief Building Official shall not presume to give authority to violate or cancel the provisions of any other state or local building or zoning ordinances. (Amended, 89-O-43, 4/18/89)
(f) Section 4301.1 of Chapter 43 titled, "Referenced Standards" under the ICC heading, is hereby amended, to add as follows:
The chapters in the International Residential code for One and Two Family Dwellings, 2003 Edition and subsequent published editions thereto relating to electrical requirements are hereby made a referenced standard to the Residential Code and shall apply to electrical work as it relates to residential construction practices where not in conflict with the National Electrical Code adopted by the Ohio Residential Building Code. Added per Ord. 97-O-01, 1/7/97
(g) No habitable building or structure with area limitations set forth by the Ohio Dept. of Natural Resources shall be permitted to be erected, constructed, extended or enlarged within the boundaries of the Coastal Erosion area as determined by the Ohio Department of Natural Resources without first obtaining a permit for said construction from the Ohio Dept. of Natural Resources. Sec. (G) added per Ord. 98-O-136, 12/1/98
(h) Section R-105.2 of Chapter 1 titled, “Work exempt from approval” to amend the exemptions to permits as follows:
Building: Add to exemption for item 5 relating to driveways and sidewalks. Driveways on private property shall conform to the Zoning Code.
(i) Section R-106.1 of Chapter 1 titled, “Construction Documents” is hereby amended to read as follows:
Plans shall be drawn to a scale approved by the Chief Building Official and shall indicate the name of the person responsible for the design, and any alterations to the design.
(j) Amend Section R-105.5 titled “Expiration” is hereby amended to read as follows:
Zoning permits for accessory structures less than 200 square feet in area and other accessory permits, and trade permits not associated with a building permit shall expire unless the work authorized by such permit is commenced within 90 days after issuance.
Paragraphs (a) through (g) amended per Ord. 03-O-04, 1/21/03
Paragraphs (h) through (j) added per Ord. 03-O-04, 1/21/03
(Ord. 06-0-75. Passed 7-5-06.)