(a) The Building Commissioner shall receive applications for building permits on forms he or she provides requiring information necessary to comply with all legal requirements.
(b) Where deed restrictions are recorded on land in favor of the City, limiting or regulating the improvements which may be constructed on such land, the Commissioner shall not issue a permit until he or she has determined that the permit will not violate such deed restrictions.
(c) Where the application for a building permit is on land which is owned or controlled by a condominium or a homeowners' association, the Commissioner shall require a letter from such association approving the application.
(d) Where an application is not signed by an owner of the property to be improved, the Commissioner may require the owner to approve the application before the permit is issued.
(e) If the Commissioner finds that issuance of the permit would violate the law, he or she shall not issue it, or, if the permit has already been issued, he or she shall void it. If a restraining order is issued by a court, the permit shall not be issued until the court resolves the legal issues. Otherwise, the permit shall be issued.
(f) Whenever in these Codified Ordinances a permit or license is required to be issued by the City prior to any work or activity commencing, and where such work or activity is started prior to obtaining such permit or license, the fee required for the issuance of such permit or license shall be doubled. The payments of such double fee shall not relieve any person from fully complying with the requirements of applicable ordinances of the City or laws of the State, and either the City or the State may otherwise enforce any violation of law.
(g) No building permit shall be issued by the Building Commissioner for the construction, alteration, renovation, repair on buildings, structures, or appurtenances within the City unless the contractor has submitted a Surety Permit Bond in the amount of ten thousand dollars ($10,000) guaranteeing the compliance with all applicable laws and regulations of the City, and the Ohio Building and Residential Codes and naming the City of Warrensville Heights as an additional insured.
(h) No building permit shall be issued by the Building Commissioner for the construction, alteration, renovation, repair on buildings structures, or appurtenances within the City unless the contractor has submitted a certificate of insurance showing that the contractor is carrying public liability insurance with a coverage of at least five hundred thousand dollars ($500,000) policy limits for personal injury and property damage insurance with coverage of at least three hundred thousand dollars ($300,000) limits with the City of Warrensville Heights named as an additional insured.
(i) It shall be at the discretion and the responsibility of the property owner or building owner to require a Payment and Performance Bond to be submitted by the contractor guaranteeing protection against possible losses in case the contractor fails to perform or is unable to deliver the project per the established contract. The City shall not be liable to the property owner or building owner in the event the contractor fails to complete the project or fails to pay all lawful claims of subcontractors, material suppliers and laborers, for labor performed and materials furnished in the carrying forward, performing, or the completing of said contract.
(Ord. 2021-104. Passed 6-15-21.)