(a) Unlawful Acts. No person, firm or corporation shall erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure or equipment regulated by Norwood Building Code (NBC), or cause same to be done, contrary to or in conflict with or in violation of any provision of NBC.
(b) Notices and Orders. When the Building Commissioner finds that work or equipment is contrary to approved plans therefor or NBC, or whenever it appears that an unsafe, dangerous or insanitary condition exists in connection with any building, object or device governed by the provisions of NBC, or a condition constituting a violation of any section of NBC or of any law or ordinance relating to the same subject matter, the Building Commissioner shall, forthwith, give notice of such defective condition or law violation to the owner or agent in charge of such building, object or device, the contractor or other person responsible for the work or violation, and order the same to be brought in compliance with the provisions of NBC or related laws and ordinances.
(c) Form. Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why it is being issued;
(4) Include a correction order allowing a reasonable time, to bring the building, structure or premises into compliance with the provisions of NBC;
(5) Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to an appeals board provided in Section 1305.17.
(d) Service of Notice. Unless otherwise specifically provided for, the service of any notice required by the provisions of NBC to be served on the owner, agent, contractor or other person responsible for the work or violation in connection with any violation of NBC or the construction, reconstruction, repair, removal, vacation, or demolition, of any building, object or device on such property, may be made in any of the following ways:
(1) By personal delivery to the party involved;
(2) By service at the residence or place of business of the party involved;
(3) By certified mail addressed to the party involved at the last known address;
(4) Where the residence and place of business of such party is unknown and cannot be ascertained with reasonable diligence, or where, for any other reason, personal service or service by mail cannot be made, the notice shall be posted in a conspicuous place on the premises and by publication at least once in a newspaper of general circulation in the City.
(e) Failure to Comply with Notice. If, after such service of notice, the owner or agent refuses to comply with the order of the Building Commissioner at the end of the period allowed by the notice, the direction of the Building Commissioner to comply with the provisions of NBC or to take down and remove has not been carried out by the owner, the Building Commissioner shall be authorized at any time thereafter as he considers necessary for the public safety or welfare, to issue an adjudication order within the meaning of Ohio R.C. 119.06 to 119.13, as provided in subsection (f) hereof, or a stop work order as provided in subsection (g) hereof.
(f) Adjudication Order. Every adjudication order shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with the applicable provisions of NBC. Such notice shall be given by registered mail, return receipt requested, and shall include a statement informing the party that he is entitled to a hearing if he requests it within thirty days of the receipt of the notice. The notice shall also inform the party that at the hearing he may appear in person, by his attorney, or by such other representative as is permitted to practice before the agency, or may present his position, arguments or contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him. A copy of such notice shall be mailed to attorneys or other representatives of record representing the party.
All such notices shall require the owner or agent served to advise the Building Commissioner within seven days of the time of mailing the notice in writing of his acceptance or rejection of terms of the notice, to wit: whether he will promptly cause the conditions specified in the adjudication order to be remedied in accordance with the provisions of NBC; or will file an appeal to the applicable board of appeals within thirty days after receipt of the notice. Upon the issuance of any order provided for herein or in subsection (g) hereof the person receiving such 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, assemblage, manufactured product or procedure identified in the order until such time as the appeal provided for in accordance with the provisions of Section 1305.17, and all appeals from such hearing have been completed, or the order herein has been released.
(g) Stop Work Order. The Building Commissioner may issue a stop work order whenever he 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, material, assemblage, or manufactured product does not comply with the provisions of NBC or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified therein. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance.
(h) Prosecution of Violation. If an owner fails to comply with an order issued by the Building Commissioner, and fails to comply with an adjudication order or stop work order relating thereto, and the time of appeal has expired, then the Building Commissioner shall request the Law Director to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of NBC or of the order or direction made pursuant thereto.
(i) Violation Penalties. Any person who violates a provision of NBC or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of an approved plan or directive of the Building Commissioner, or of a permit or certificate issued under the provisions of NBC, shall be subject to the penalties as provided in Section 1305.99.
(j) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Law Director from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure on or about any premises.
(k) Recovering Costs. The Law Director at the request of the Building Commissioner shall institute proceedings to recover the total cost incurred by the City for, emergency repairs (Section 1305.13), closing and securing unsafe or vacant structures (Sections 1305.12 and 1305.14), demolition (Section 1305.15), removal of unlawful signs (Section 1305.16), and other corrections required for any violation. Costs shall include cost of service or publication of notice, investigations and tests, and outside professional or expert help. The total cost shall be certified whether such costs are incurred due to the use of employees, materials and equipment of the City or by contract for labor, materials and equipment, or both. The cost shall be recovered in the following manner:
(1) The owner or owners shall be billed directly by certified mail, return receipt requested, for the cost. The bill for the cost thereof shall be paid within thirty days after receipt of the bill.
(2) If the costs are not so recovered, the total cost shall be certified by the Council Clerk to the County Auditor and placed upon the tax duplicate. Such costs shall be a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the City.
(Ord. 15-2010. Passed 4-13-10.)