Chapter 1303: Inspections; Enforcement and Penalty


Cross references

  • Enforcement; supervision; records - see Ohio R.C. 3781.03
  • Chief Administrative Officer to enforce Building Code regulations - see ADM. 133.03
  • Driving over sidewalks - see TRAF. 331.29
  • Improper drainage - see GEN. OFF. 517.04
  • Rat control - see GEN. OFF. 521.12
  • Inspector to supervise topsoil removal - see BUS. REG. Ch. 751
  • Inspection fees - see BLDG. Ch. 1309
  • Tampering with hydrants - see BLDG. 1351.02

1303.01   Administration of building code; permits

This Building Code shall be administered by the Building Inspector and such assistant inspectors as may from time to time be authorized and appointed according to the ordinances of the Municipality. No building, structure or other construction provided for in this Building Code shall be begun and no existing structure shall be altered or repaired until a permit has been issued by the Building Inspector in conformity with this Building Code and until the fees and deposits required by this Building Code have been paid.
(Ord. 1940-276. Passed 9-9-40.)

1303.02   Building inspector and assistant

The offices of the Building Inspector and Assistant Building Inspector are hereby created. The Building Inspector shall be appointed by the Mayor subject to the approval of Council. The Assistant Building Inspector may be appointed by the Mayor, subject to the approval of Council. Such officers shall serve at the pleasure of the Mayor.
(Ord. 1957-420. Passed 12-28-57.)

1303.03   Compensation and bond

The Building Inspector and Assistant Building Inspectors shall receive such compensation for their services as Council may from time to time determine, and each shall, before entering upon the duties of his office. give bond for the faithful performance of his duties in such sum and with such surety as may from time to time be required by Council. The obligee of the bond shall be the Municipality, and the bond shall be for the benefit of all parties aggrieved by the acts or neglect of the principal.
(Ord. 1940-276. Passed 9-9-40.)

1303.04   Duties of inspector

The Building Inspector shall examine all buildings in the course of erection, alteration, repair or removal throughout the Village, as often as required to insure efficient supervision, and shall be charged with the survey and inspection of buildings and with the enforcement of this Building Code and all other laws and ordinances relating to the erection, construction, alteration, repair, removal and safety of buildings, structures, elevators, heating apparatus, gas fittings, house drainage and plumbing, steam boilers, electric wiring, prevention of smoke, fire escapes and other fire protective devices. He shall pass upon all questions relating to the strength and durability of buildings, land structures and the quality of materials and workmanship, so far as they affect safety, examine and approve all plans and specifications therefor before a permit is issued and sign and issue all permits, certificates and notices required to be issued. He shall promptly acknowledge receipt of all official communications, notices and reports pertaining to his department.
(Ord. 1940-276. Passed 9-9-40.)

1303.05   Right of entry

The Building Inspector and persons assigned to cooperate with him by other departments of the Municipality, so far as may be necessary for the performance of their duties, shall have the right to enter upon any building site or premises or any new or unoccupied building or any building under construction, repair, alteration or removal or any building which the Inspector has reasonable cause to believe is unsafe or a menace to life or limb or damaged or menaced by fire, upon showing their badge of office. Any person or persons interfering with them in the performance of such duties shall be liable to the penalty provided in Section 1303.99.
(Ord. 1940-276. Passed 9-9-40.)

1303.06   Records of inspector

The Building Inspector shall keep suitable records, which are to be kept on file in the office of the Municipality. In such records shall be recorded the location and character of every building, structure or other work for which a certificate or permit is issued and a copy of every report of inspection of such building, structure or work, so arranged that the full history of the various inspections of each building, structure or other work appears therein in consecutive order. The records shall indicate the date upon which each inspection was made. All original notes or records made by the Inspector or his assistants shall be signed and properly filed for permanent record.
(Ord. 1940-276. Passed 9-9-40.)

1303.07   Inspection of timber in existing building

The Building Inspector shall have the right to inspect or cause to be inspected the timber construction of any building in which, in his opinion, there are indications of dry rot. For such purpose the owner shall uncover any concealed woodwork which may be questioned.
(Ord. 1940-276. Passed 9-9-40.)

1303.08   Inspection of dangerous equipment and structures

When, in the opinion of the Building Inspector, heating apparatus, electric work, chimneys, flues, pipes or any other equipment or structure in the Municipality is a danger to life or property or likely to cause or promote fires or explosions, it shall be his duty to enter such building or premises and examine the same. Upon finding any of the things hereinbefore enumerated to be defective or in a dangerous condition or being constructed in violation of this Building Code, he shall thereupon cause to be delivered to the owner, lessee or occupant written or printed instructions to remove or remedy the same in such manner and within such reasonable time as may be necessary.

If the person responsible for the violation fails to remove or remedy the same, it shall be the further duty of the Inspector to cause the prosecution of the person responsible for such violation.
(Ord. 1940-276. Passed 9-9-40.)

1303.09   Civil action

Whenever any person fails, neglects or refuses to comply with any order of the Building Inspector under the provisions of this Building Code, or whenever any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this Building Code, the Inspector may, in his discretion, institute and maintain in the name of the Municipality an appropriate action at law or in equity to restrain the execution in violation of this Building Code, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this Building Code.
(Ord. 1957-420. Passed 12-28-57.)

1303.10   Remedies cumulative

The exercise of the rights and remedies granted in this Building Code shall in no way preclude or limit the Municipality from exercising any other right or remedy now or hereafter granted to it under the laws of the State or the ordinances of the Municipality.
(Ord. 1957-420. Passed 12-28-57.)

1303.99   General code penalty

Unless expressly provided otherwise in the chapters of this Building Code, the owner or occupant of any building, structure, wall, platform, staging or flooring, or part thereof, where anything in violation of this Building Code is placed or exists and any architect, builder, plumber, carpenter, mason, electrician or other artisan who is employed to assist in the commission of any such violation, and all persons who violate any of the provisions of this Building Code or fail to comply therewith or who build in violation of any detailed statement of specifications or plans submitted and approved thereunder, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. Each day such violation continues shall constitute a separate offense.
(Ord. 69-771. Passed 7-l-68; Ord. 1990-79. Passed 10-8-90.)