(A) Building notice and orders. The Building Official or his agent shall issue notices and orders to do all things necessary to remove illegal unsafe and unsanitary conditions in buildings either existing or hereafter constructed.
(B) Unlawful continuance. Any person who shall violate any order or continues any prohibited work after notice, oral or written, shall be in violation of this code.
(C) Liability.
(1) The owner of a building or other structure or premises in which or on which buildings, structures, or service equipment are installed, altered, replaced, repaired, or maintained, shall have the final responsibility for every violation of any provision of this article.
(2) However, any person firm or corporation which performs work for which a permit is required by the code without having secured a permit therefore and every person, firm or corporation who shall violate or assist in the violation of any provisions of the code shall also be responsible and liable for such violation and subject to the penalty provided by the code.
(D) Notice.
(1) The Building Official shall serve written notice of violation of the provisions of the code or of a detailed statement or a plan approved thereunder, or of violation of a permit or certificate issued under the code, on the person(s) responsible for such violation or for its remedy; and the Building Official shall order the discontinuance of illegal action or conditions or the abatement or correction of any such violation or the taking of such action as may be necessary to achieve compliance with the code, and he shall serve written notice of such order on the responsible person(s).
(2) Residential construction. Violations of these regulations as they pertain to work regulated by the Residential Code of Ohio shall comply with the provisions of the Residential Code of Ohio in accordance with R.C. Chapter 3781 and the rules adopted by the State of Ohio pursuant thereto.
(E) Service of notice.
(1) The notice required by §§ 150.041 and division (D) of this section shall be served either personally or by leaving a copy at the usual place of residence of the owner or owners, or by mailing a copy to such owner or owners at his or their usual place of residence by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Building Official shall cause such notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists, or if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the same premises. The Building Official shall cause a return of service in the form of an affidavit to be made by the person who served it, which affidavit shall set forth the name and address of the person or persons served, the manner of service, and the date thereof.
(2) Service of notice may be waived by any owner. Failure of the Building Official to serve all parties defined as owners in § 150.040 shall not relieve the owner in fee simple if properly served of the obligation to abate the nuisance.
(F) Civil action. Whenever any person, firm or corporation fails, neglects or refuses to comply with any order of the Building Official, under the provisions of this code, the Building Official may, at his discretion, institute and maintain, in the name of the city, an appropriate action at law, or in equity to restrain the execution in violation of this code, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this code.
(Ord. 98-152, passed 12-9-98; Am. Ord. 07-106, passed 10-3-07) Penalty, see § 150.999