1262.01 Chief Building Official.
1262.02 Zoning permits.
1262.03 Violations; inspections; corrections.
1262.04 Land use infraction.
1262.05 Site plans.
1262.06 Site plan review fees.
1262.99 Penalty.
CROSS REFERENCES
Ohio Revised Code - see ORC Section 765
Municipal zoning - see Ohio R.C. 713.06 et seq.
General provisions and definitions - see P. & Z. Ch. 1260
Board of Zoning Appeals - see P. & Z. Ch. 1264
Districts generally and Zoning Map - see P. & Z. Ch. 1266
Use, area and height regulations - see P. & Z. Ch. 1268
Nonconforming uses - see P. & Z. Ch. 1270
Conditional zoning; planned unit developments - see P. & Z. Ch. 1274
Supplementary regulations - see P. & Z. Ch. 1278
Site plan requirements - see Pt. 12, Title 6, Appx. B
(a) Zoning Inspector. A Chief Building Official shall be employed as the zoning inspector to act as the administrative officer for the purpose of effecting proper administration of this Zoning Code. For the purpose of enforcing this Zoning Code, the Chief Building Official shall have the powers of a law enforcement officer.
(b) Deputy Zoning Inspector. The deputy zoning inspector shall have the same powers as the zoning inspector but shall be subject to the administrative control of the zoning inspector.
(c) Temporary Zoning Inspector. In the event of the absence of the zoning inspector and deputy zoning inspector from their official duties, the mayor may appoint an acting zoning inspector. Such acting zoning inspector shall have the same duties and powers as the zoning inspector. The mayor may terminate the employment of an acting zoning inspector at any time and in any event, the employment of the acting zoning inspector shall terminate immediately upon the return of the zoning inspector or the deputy zoning inspector to his duties.
(d) Responsibilities of the Zoning Inspector. The zoning inspector shall have the following responsibilities and powers:
(1) Enforce the provisions of this code and interpret the meaning and application of its provisions subject to appeal to the Zoning Board of Appeals.
(2) Receive, review and make determinations on applications for zoning permits as provided by this code.
(3) Issue zoning permits as provided by this code, and keep a record of same with notations of special conditions involved.
(4) Review and process applications pursuant to the provisions of this code.
(5) Make determinations as to whether violations of this code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this code.
(6) Conduct inspections of buildings and uses of land to determine compliance or non-compliance with this code.
(7) Maintain permanent and current records required by this code, including but not limited to zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for the use of the City Council, Planning and Zoning Commission, the Board of Zoning Appeals and to the public.
(8) Revoke a zoning permit or approval issued contrary to this code based on false statements or misrepresentation in the application.
(9) Issue tickets and instigate other legal actions for land use infractions pursuant to Ohio R.C. 765.01.
(10) Maintain a record of non-conforming uses.
(Ord. 2001-081. Passed 8-6-01.)
(a) Permit required. Before constructing, changing the use of or altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Chief Building Official for a zoning permit. In addition a zoning permit is required for all structures that require a setback or yard compliance, including but not limited to accessory buildings, parking lots, sheds, and other structures as defined under the terms of this code. Applications shall be of the form prescribed by the Official. Within ten days after the receipt of an application, the Official shall issue a zoning permit if the application complies with the requirements of this Zoning Code and applicable regulations and if the application is accompanied by the proper fee as set forth in subsection (b) hereof. The zoning permit shall become void at the expiration of one year after the date of issuance, unless construction is started. If no construction is started or no use is changed within one year of the date of the permit, a new permit is required upon proper application.
If an application is for a conditional zoning certificate, the application procedure set forth in Section 1274.02 will be followed in lieu of the above provisions.
(b) Permit Fees. Fees for zoning permits required by subsection (a) are as provided in Section 1278.23 of this Zoning Code.
(Ord. 2001-081. Passed 8-6-01.)
(a) Violations as a nuisance. Any building erected, altered, moved, razed or converted, or any use of land or premises carried on, in violation of any provision of this Zoning Code, is hereby declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Zoning Code which are observed by any resident shall be reported to the Chief Building Official.
(b) Inspections. The Chief Building Official shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Zoning Code.
(c) Correction period. All violations shall be corrected within a period of fifteen days after the written order is issued or for a longer period of time as indicated by the Chief Building Official in the written order. Any violations not corrected within the specified period of time shall be reported to the Law Director, who shall initiate prosecution procedures within thirty days after receipt of the Official's report.
(Ord. 2001-081. Passed 8-6-01.)
The violation of any code provisions related to parking on private property, a motor vehicle service or repair business in residential districts, or signage and other graphic displays dealing with the display of house numbers on buildings is termed a land use infraction and the following provisions shall apply.
(a) The zoning inspector acting in his capacity as an enforcement officer may issue a ticket for a land use infraction. Such ticket shall include as a minimum the land use infraction charged, the date, time and place of the infraction. The ticket shall be signed by the zoning inspector and affirm the facts it contains. The ticket shall consist of two parts. The first part shall be notice of the land use infraction charged, and shall provide a time period within which the infraction must be corrected or a summons and complaint will be served. (If the infraction is the second or more infraction of a similar nature issued to the individual, the time period for correction shall be reduced.) The first part of the ticket shall also state that if the person corrects the infraction within the required time period, the ticket shall be voided. The second part of the ticket shall be the summons and complaint. The second part of the ticket shall contain provisions that advise the person upon whom it is served that the person must answer in relation to the infraction charged in the ticket and that certain civil penalties may result from a failure to timely answer, indicate that the person will be afforded a hearing if the person denies in the answer that the person committed the infraction, specify the entity to which, the time within which and the allowable manners in which the answer must be made, indicate the penalties that may result from failure to timely answer and the fine that arises from the land use infraction, warn that failure to timely answer or to appear at a requested hearing will be considered an admission of the land use infraction, and warn that a default civil judgment potentially may be entered against the person.
(b) If the offender is present, the zoning inspector shall also record on the ticket the name of the offender in a space provided on the ticket for identification of the offender, and then shall serve the first part of the ticket in accordance with the service requirements of the rules of civil procedure. If the infraction is not corrected within the time period specified on the first part of the ticket, the zoning inspector shall serve the second part of the ticket in accordance with the service requirements of the rules of civil procedure.
(c) The original of a ticket issued under this section or any true copy of it shall be considered a record kept in the ordinary course of business and shall be prima-facie evidence of the facts it contains.
(d) No person upon whom a ticket charging a land use infraction is served shall be arrested as a result of the commission of the land use infraction.
(e) A fine of one hundred dollars ($100.00) shall be levied for each offense. An offense shall be deemed committed each day during which a land use infraction occurs and continues, commencing with the first day after the expiration of the time period granted for compliance after the issuance date of a first offense ticket and commencing with the issuance date of a second or more offense ticket.
(Ord. 2001-081. Passed 8-6-01.)
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