(a) Adjudication Orders, Required Before Legal Proceedings. Before any department or any political subdivision attempts to enforce this code by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of sections 119.06 to 119.13 of the Revised Code or a stop work order as provided in section 114. 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) Notice of Violation. 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.
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.
(c) Prosecution of violation. Upon the issuance of any order provided for in this section or in section 114, 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 section 3781.19 of the Revised Code, and all appeals from such hearing have been completed, or the order has been released.
(d) Failure to File Construction Documents, Penalty. When an owner fails to file residential construction documents as required by this code and fails to comply with an adjudication order issued under section 113.1, said owner may be prosecuted and is subject to a fine of not more than five hundred dollars as provided for in section 3791.04 of the Revised Code.
(e) Failure to Comply with Order to Conform to Construction Documents, Remedy. If an owner fails to comply with an order issued by the residential building official, and fails to comply with an adjudication order issued under section 113.1 and the time of appeal has expired, then the residential construction documents required under section 3791.04 of the Revised Code are deemed not to have been filed and approved, and the conditions of section 113.4 apply.
(Ord. 30-10. Passed 6-22-10.)
(Ord. 30-10. Passed 6-22-10.)