(a) Notice of Violation. If the Commissioner finds that a permit has not been obtained, that work or equipment is contrary to approved plans, construction documents and/or applicable codes, or that any other violation of this Code exists at a property or activity subject to this Code, the Commissioner may serve a written notice of violation on the owner, agent, tenant, and/or person responsible, including a contractor, for the violation and/or for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of the property. Such notice shall be sent to the owner, agent, tenant and/or person responsible for the property and/or the work, and shall state where and in what respect the work or equipment does not conform to the approved plans or documents or the applicable codes. The notice shall specify a reasonable period of time in which to conform to said plans, documents or codes. Before work can continue at the property at which a violation has been found the violation shall be corrected, including the resubmission of the plans or drawings and specifications for approval as required under this Code.
(1) The notice of violation must contain a cite to 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; and
(2) The notice of violation must include notice of the procedure for appeal and, in the case of residential buildings for one, two, or three families, the right to a hearing before the City's Board of Building Appeals if requested within thirty (30) days of the mailing of the notice. The notice shall 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) Order to Abate a Violation; Stop Work Order.
(1) Whenever the Commissioner finds that any work regulated by this Code has been or is being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Commissioner is authorized to issue an Order to Abate the Violation and/or a stop work order. Such an Order may also be issued whenever the Commissioner 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 Chapters 3781 and 3791 of the Ohio Revised Code, or the rules adopted pursuant thereto as they exist at the time of the enactment of this section and as they may be hereafter amended. The effect of such an Order shall be limited to the matter specified in the Order.
(2) An Order to Abate and/or a Stop Work Order shall be in writing and shall be given to the owner of the property, the owner's agent, the person responsible for the property, and/or the person doing the work. Upon issuance of an Order to Abate the cited work shall be corrected and brought into compliance as required in the Order and in this Code. The Order to Abate shall state the reason for the order, and the conditions under which the cited work will be approved. 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.
(3) 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. (OBC 114)
(c) Compliance. Upon the issuance of a Notice of Violation, and Order to Abate or a Stop Work Order, the person receiving the Notice or Order shall correct the violation and/or shall cease or cause to cease the work upon the site preparations or structure to be constructed or shall cease or cause to 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 Section 3781.19 of the Ohio Revised Code or this Code, and all further appeals from such initial appeal, have been completed, or the notice or order has been rescinded by the Commissioner.
(d) Prosecution and Penalty. When any violation of this Code exists, including when any person fails to comply with a Notice of Violation, an Order to Abate and/or a Stop Work Order, the person committing the violation or failing to comply with the Notice or Order may be prosecuted. A person convicted for any violation of this Code shall be guilty of and subject to the penalties for a first degree misdemeanor. Each day of such violation or failure to comply shall constitute a separate offense.
(e) Alternative Enforcement. In addition to or in lieu of a prosecution for a violation of this Code, the City may also seek in a court of law an order or injunction requiring an owner, agent or person responsible for compliance with this Code to comply with the provisions of the Code, or with any Notice or Order served pursuant to this Code. Such action may also seek an order to prevent the occupation or use of the property, including any building or other structure, and/or to prevent or terminate any violation of this Code.
(f) Failure to Comply With Notice or Order; Remedy. If a person fails to comply with a Notice of Violation or Stop Work Order, and the time of appeal has expired then the construction documents required pursuant to Section 3791.04 of the Ohio Revised Code are deemed not to have been filed and approved, and the provisions of (c) above apply.
(g) Resident Agent. If the owner of any commercial or office structure is not a resident of Cuyahoga County, Ohio, such owner shall designate and file with the Director of Building and Housing the name, address, and telephone number of an agent who is a resident of Cuyahoga County for the purpose of receiving all notices of inspection, orders or otherwise from the City of Shaker Heights relative to such structure. Service of notice upon such resident agent shall be deemed to be notice upon the owner. Any such notice shall also be sent to the last known address of the owner. Notice may also be posted in a conspicuous place on the structure or premises to which it relates. No person shall remove or deface such posted notice without the written permission of the Director of Building and Housing.
(Ord. 17-92. Enacted 11-13-17.)