The building codes known as the Ohio Building Code and the Ohio Mechanical Code, and all amendments thereto since the adoption of those codes by the city, are adopted as part of the Building Code of the city and are fully incorporated by reference as though set out herein. The building commissioner shall keep a copy of these adopted codes in the office of the building department for public review and inspection.

('73 Code, § 151.01) (Am.Ord. 964, passed 10-8-74; Am. Ord.1048, passed 1-28-77; Am. Ord. 1106, passed 10-10-78; Am. Ord. 98-16, passed 4-21-98; Am. Ord. 04-35, passed 12-21-04)

   The building code known as Article "F” of the 2005 Hamilton County Building Code as modified by the Hamilton County Building Code, and all amendments thereto since the adoption of this code by the city, is adopted as part of the Building Code of the city and is fully incorporated by reference as though set out herein. Such code shall apply only to one, two, and three family residences. The building commissioner shall keep a copy of this adopted code in the office of the building department for public review and inspection.

('73 Code, § 151.01) (Am. Ord. 964, passed 10-8-74; Am. Ord.1048, passed 1-28-77; Am. Ord. 1106, passed 10-10-78; Am. Ord. 1601, passed 10-19-93; Am. Ord. 98-16, passed 4-21-98; Am. Ord. 04-35, passed 12-21-04)

   (A)   The building commissioner shall perform the duties and functions formerly exercised by the building inspector as well as the powers and functions incumbent upon a building commissioner, including the issuing of permits and requiring compliance with the building code of the city.

   (B)   A plumbing inspector shall be appointed by the building commissioner, and he shall review plans and drawings for plumbing work, inspect plumbing as required, and perform such other duties as may be required by the Ohio Building Code and the Hamilton County Building Code.

('73 Code, § 151.03)

   (A)   It shall be the duty of the building commissioner to make, or cause to be made, a final inspection and examination of transient and nontransient residential buildings under this code, hereafter erected, constructed, altered, repaired, or added to, before any such building or structure is occupied, and if such a building has been found to have been constructed in conformity with the provisions of this code, to issue a written certificate thereof to the owner as provided herein.

   (B)   Such certificate of occupancy shall be obtained by the builder from the building commissioner, before which time it shall be unlawful to occupy the building. The builder will be obligated to certify that the building substantially complies with all provisions of the Ohio Building Code.

   (C)   The fee for the certificate of occupancy shall be $10 for 4- to 12-family residences, and $25 for all other residential buildings, either transient or nontransient. The fee shall be paid before the certificate is issued.

'73 Code, § 151.05)

   (A)   An occupancy permit shall be required prior to the occupancy of any building, property or area in the city for the purposes of operating a business. The occupancy permit shall constitute permission to maintain a business occupancy in the city, and to maintain, store, or use or handle materials or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities.

   (B)   A permit issued under this section shall continue until revoked or for such a period of time as designated therein at the time of issuance. A permit shall not be transferable and any change in business use, occupancy, operation, or ownership shall require a new permit.

   (C)   The occupancy permit shall be obtained through the Fire Department, who shall have the sole responsibility for conducting inspection and establishing the conditions upon which the permit shall be issued. Possession of a valid occupancy permit shall constitute a certification of compliance with all other permits required by the City Unified Fire Code, with the exception of the open burning permit, but shall not replace any other license or permit required by law.

   (D)   The occupancy permit shall be obtained by the property owner, business occupant, or business lessee of each building or property or portion thereof which he occupies in the city for business purposes, prior to the start of such business. In cotenanted office buildings it shall be the responsibility of the building owner to obtain the required occupancy permit.

   (E)   All businesses existing in the city at the time of passage of this section shall secure the occupancy permit herein provided for, not later than December 31, 1981.

   (F)   Existing businesses that are now in the city will be issued a permit without costs. All new businesses starting in the city after the date of the passage of this section shall pay a permit fee of $50 for each occupancy permit required.

(Ord. 1211, passed 7-21-81; Am. Ord. 1545, passed 4-21-92)

   The city shall charge the same fee as is then charged by Hamilton County for all building and construction permits issued by the city building department which permits are applied for after the effective date of this section.

(Ord. 1255, passed 3-8-83)

   (A)   No building permit shall be issued by the building department until the general contractor has completed and filed with the tax commissioner a construction notification. Such notification shall be on a form approved by the tax commissioner. The general contractor shall notify all sub-contractors of their obligation to withhold earnings tax from all employees, to pay such withholding to the tax office, to file a business tax return for each year that the subcontractor conducts business in the city, and to pay all tax due.

   (B)   No final inspection and occupancy permit shall be issued by the building department until the general contractor has completed and filed with the tax commissioner an updated and final construction notification form.

(Ord. 00-21, passed 5-16-00)

   (B)   All development plans must be first submitted to the Cheviot Building Department for review. If, in the Building Commissioner’s opinion, the plans are likely to be approved, he may forward them to the Office of the City Engineer for further review.

(Ord. 04-12, passed 4-20-04)

   The Residential Building Code of Ohio for One, Two, and Three-Family Dwellings, Ohio Administrative Code Section 4101:8, as promulgated by the Ohio Board of Building Standards, shall apply and be enforced within the City of Cheviot, Ohio.

(Ord. 07-07, passed 3-20-07; Am. Ord. 07-08, passed 3-20-07)

   A certain document, three copies of which are on file in the office of the building commissioner of the City of Cheviot, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the City of Cheviot, State of Ohio, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing fo the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions, and terms of the International Property Maintenance Code, 2006 edition, are hereby referred to, adopted, and made a part hereof, as if fully set out in this subchapter, along with the additions, insertions, deletions, and changes, if any, that are enumerated in this subchapter.

   The following sections of the adopted International Property Maintenance Code are hereby revised:

   (A)   Section 101.1. Insert the words “the City of Cheviot” in place of (NAME OF JURISDICTION).

   (B)   Section 103.5. Insert the words “The schedule of fees for inspections and permits shall be as separately enacted by the legislative authority.” in place of (JURISDICTION TO INSERT APPROPRIATE SCHEDULE.).

   (C)   Section 302.4. Insert the words “10 inches” in place of (HEIGHT IN INCHES).

   (D)   Section 304.14. Insert the words “March 1” and “November 30” in place of (DATE) and (DATE).

   (E)   Section 602.3. Insert the words “October 1” and “April 30” in place of (DATE) and (DATE).

(Ord. 07-02, passed 2-6-07)

   (A)   In accordance with Section 103 of the adopted International Property Maintenance Code, the “code official” shall be the Cheviot building commissioner. The “code official” shall have the authority to appoint a “deputy code official” who shall be known as the property maintenance inspector. All such persons shall have the authority to enforce the provisions of the code. Law enforcement officers of the Cheviot police department may also enforce the provisions of the code. The fire chief and his designated subordinates may enforce the provisions of Chapter 7 of the adopted International Property Maintenance Code (fire safety requirements).

   (B)   The “board of appeals” which is listed in Section 111.2 of the adopted International Property Maintenance Code shall be the Cheviot zoning board of appeals as set out in § 150.14 of the Cheviot Code of Ordinances, and any conflicts in size or makeup of the board shall be resolved in favor of § 150.14. The procedure for appeal shall be as specified in the remainder of Section 111 of the adopted International Property Maintenance Code.

   (C)   With respect to the enforcement of prohibitions of tall grasses and weeds, the code officials, at their option, may proceed under Section 302.4 of the adopted International Property Maintenance Code or under § 131.05 of the Cheviot Code of Ordinances.

(Ord. 07-02, passed 2-6-07)

   If any section, division, sentence, clause or phrase of §§ 151.15 et seq. or § 151.99, and the legislation incorporated by reference, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of those sections. The Council of the City of Cheviot hereby declares that it would have passed those sections, and each division, clause, or phrase thereof, regardless of the fact that any one or more sections, divisions, sentences, clauses, and phrases be declared unconstitutional.

(Ord. 07-02, passed 2-6-07)

   (A)   Portable storage units are defined as storage containers that are in excess of 100 cubic feet in volume and are typically transported from place to place on the bed or frame of a truck or trailer. They may be of a type with wheels or with no wheels.

   (B)   Portable storage units are designed to provide temporary storage for persons who are moving or for similar short-term purposes. It shall be unlawful to use a portable storage unit for long-term or permanent storage in the city.

   (C)   Portable storage units shall not be placed or allowed to be placed upon any property in the residential zones of the city for more than a total of 14 days during any one calendar year. The 14 day limitation is a total limit for one unit or a series of units utilized in any one calendar year. A property owner on whose property a portable storage unit is located is rebuttably presumed to have allowed the portable storage unit to be placed upon his property.

   (D)   When used, portable storage units shall be placed on a paved surface of the property and shall be set back a minimum of ten feet from any right-of-way, access easement, or edge of street pavement, whichever is the greatest setback.

   (E)   If the portable storage unit is being used by a person who has suffered a major calamity, such as a fire, flood, tornado, or other act of God, the 14 day time limitation imposed by division (C) above may be extended by a special permit obtained from the Building Department. Such extension shall not exceed 60 days.

   (F)   Violations of this section shall be brought to the attention of the offender in accordance with Sections 106 and 107 of the Property Maintenance Code of the City of Cheviot, State of Ohio. A failure by the offender to correct the problem within the time specified in the order shall be a violation of Section 106.3 of the Property Maintenance Code, and, upon conviction, the offender shall be subject to the penalties set forth in § 151.99.

(Ord. 08-18, passed 7-1-08) Penalty, see § 151.99

   (A)   Whoever violates Section 106.3 of the adopted International Property Maintenance Code, by failing to comply with the order of a code official, or, if no order is required, by violating any provision of the code, shall be guilty of a minor misdemeanor and punished in accordance with the penalties specified in § 130.99 of the Cheviot Code of Ordinances. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

   (B)   Whoever violates Section 108.5 of the adopted International Property Maintenance Code shall be guilty of a misdemeanor of the first degree and punished in accordance with § 130.99 of the Cheviot Code of Ordinances.

(Ord. 07-02, passed 2-6-07)