Washington Court House
City Zoning Code
City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 156.220 BUILDING AND ZONING INSPECTOR.
(A) Office of Building and Zoning Inspector created. The Building and Zoning Inspector, who shall be appointed by the City Manager, shall enforce the Zoning Code. All officials and employees of the municipality shall assist the Building and Zoning Inspector by reporting to him any new construction, reconstruction, or apparent violations to this chapter.
(B) Relief from personal liability. The Building and Zoning Inspector, and any officer or employee who acts in good faith and without malice in the discharge of his duties during enforcement of this chapter is relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts of alleged failure to act. Further, he shall not be held liable for any costs in any action, suit or proceeding that may be instituted against him as a result of the enforcement of this chapter. In any of these actions, the Building and Zoning Inspector or employee shall be defended or represented by the jurisdiction's attorney-at-law until the final termination of the proceedings.
(C) Duties of Building and Zoning Inspector. For the purposes of this chapter, the Building and Zoning Inspector shall have the following duties:
(1) Issue Zoning Permits when the provisions of the Zoning Code have been met, or refuse to issue same in the event of noncompliance.
(2) Collect the designated fees as established for zoning permits, applications for appeals and conditional uses.
(3) Make and keep all records necessary and appropriate to the office, including records of issuance and denial of zoning permits and receipt of complaints of violation of the Zoning Code and action taken on same.
(4) Inspect any buildings or lands to determine whether any violations of the Zoning Code have been committed or exist.
(5) Enforce the Zoning Code and take all necessary steps to remedy conditions found in violation by ordering, in writing, the discontinuance of illegal uses or work in progress, and direct cases of noncompliance to appropriate city official for action.
(6) Advise the Planning Commission of all matters other than routine duties pertaining to the enforcement of and amendments to the Zoning Code.
(7) Advise the Board of Zoning Appeals of all matters pertaining to conditional use permits, appeals, or variances, and transmit all applications and records pertaining thereto.
(Ord. 34-90, passed 12-26-90)
§ 156.221 BOARD OF ZONING APPEALS.
(A) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this chapter shall continue in power. The Board shall consist of five residents of the city, appointed by the City Manager subject to the approval of City Council, for terms of three years, except that those holding a position on the Board at the time of enactment of this chapter shall complete the term to which they were previously appointed. Vacancies shall be filled in the same manner as new appointees for the unexpired term. Members of the Board shall serve until his/her successor is appointed.
(B) Removal of members. Members of the Board shall be removable for non-performance of duty, misconduct in office, or other cause by the City Council, after a public hearing has been held before City Council regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(C) Quorum. Three members of the Board shall constitute a quorum.
(D) Procedures.
(1) The meetings of the Board shall be public. The Board shall organize annually and elect a chairperson, and secretary. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.
(2) The Secretary of the Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be immediately filed in the city offices and shall be a public record.
(3) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
(4) The Board may call upon the various departments of the municipality for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(E) Powers and duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter. For the purpose of this chapter, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning Map, in accordance with the provisions of this chapter.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building and Zoning Inspector, in accordance with § 156.228 of this chapter.
(4) Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship in accordance with the provisions of § 156.228 of the chapter.
(6) Authorize extensions of time for completion of work specified in the zoning permit, in accordance with § 156.224(G) of this chapter.
(7) Declare zoning permits void, pursuant to § 156.224(H) of this chapter.
(Ord. 34-90, passed 12-26-90)
§ 156.222 PLANNING COMMISSION.
(A) Establishment. Pursuant to R.C. § 713.01 and Chapter 153 of this code of ordinances there is hereby established a Planning Commission in and for the city. Such commission shall consist of five members as follows: the City Manager, Chairperson of Council, and three residents of the city who shall serve without compensation and who shall be appointed by the City Manager with approval of City Council for a term of six years.
(B) Powers and duties. In addition to the powers and duties of the Planning Commission established in Chapter 153 of this code of ordinances, the Planning Commission shall have the following powers and duties pursuant to this chapter:
(1) Review proposed amendments to this Zoning Code or Official Zoning Map and make recommendations to City Council.
(2) Make a recommendation for newly annexed areas to the city, in accordance with § 156.018 of this chapter.
(3) Administer the requirements for Planned Unit Developments, in accordance with § 156.045 of this chapter.
(4) Determine similarity of uses, pursuant to § 156.030(B)(5) of this chapter.
(Ord. 34-90, passed 12-26-90)
Cross-reference:
Planning, see Chapter 153
§ 156.223 POWER OF ADMINISTRATION ON MATTERS OF APPEAL.
It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Building and Zoning Inspector. Such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Building and Zoning Inspector, and recourse from the decisions of the Board shall be only to the courts as provided by law. It is further the intent of this chapter that the powers of the City Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. City Council shall not have the authority to override the decisions of the Board of Zoning Appeals and/or the Building and Zoning Inspector on matters of appeal or variance.
(Ord. 34-90, passed 12-26-90)
§ 156.224 ZONING PERMIT.
(A) Zoning permit required. No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure or land be established or changed in use according to zoning category, wholly or partly, until a zoning permit, which may be a part of a building permit, shall have been issued by the Building and Zoning Inspector. Such zoning permit shall show that such building or premises or a part thereof, and the property use thereof, are in conformity with the provisions of this chapter.
(B) Conditions under which a zoning permit is required. A zoning permit is required for any of the following:
(1) Construction or structural alteration of any building, including accessory buildings.
(2) Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
(3) Occupancy and use of vacant land.
(4) Change in the use of land to use not listed as a permitted use in the zoning district where the land is located.
(C) Application for zoning permit.
(1) Three copies of an application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work has not begun within one year, and substantially completed within 2½ years. At a minimum, the application shall contain the following information:
(a) Name, address, and telephone number of the applicant.
(b) Legal description of property, as recorded in Fayette County Recorder's office.
(c) Existing use.
(d) Proposed use.
(e) Zoning district in which property is located.
(f) Plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact dimensions and location of existing buildings of the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(g) Height of proposed buildings.
(h) Number and dimensions of existing and proposed off-street parking or loading spaces.
(i) Number of proposed dwelling units.
(j) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by an approval by the Fayette County Health Department of the proposed method of water supply and for disposal of sanitary wastes prior to approval by the Zoning Inspector.
(k) Such other material as may be requested by the Building and Zoning Inspector to determine conformance with, and provide for the enforcement of this chapter.
(2) Where complete and accurate information is not readily available from existing records, the Building and Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor.
(D) Approval of zoning permits. Within 30 days after the receipt, the application shall be either approved or disapproved by the Building and Zoning Inspector, in conformance with the provisions of this chapter, unless the provisions of division (E) of this section are applicable. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the application shall be returned to the applicant by the Building and Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Building and Zoning Inspector, or his/her designated agent on such copy. In the case of disapproval, the Building and Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two copies of plans, similarly marked, shall be retained by the Building and Zoning Inspector. One copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a Certificate of Occupancy along with one copy of the application. The Building and Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this chapter.
(E) Submission to the Director of the Department of Transportation. Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Building and Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Building and Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Building and Zoning Inspector that he shall proceed to acquire the land needed, then the Building and Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Building and Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Building and Zoning Inspector shall, if the application is in conformance with all provision of this chapter, issue the zoning permit in conformance with the provisions of division (D) of this chapter.
(F) Record of zoning permit. A record of all zoning permits shall be kept on file in the Office of the Building and Zoning Inspector, or his designee, and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.
(G) Expiration of zoning permits. If the work described in any zoning permit has not begun within one year from the date of issuance thereof, or has not been completed within 2½ years from the date of issuance thereof, the permit shall expire; it shall be revoked by the Building and Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Board of Zoning Appeals.
(H) Void zoning permit.
(1) A zoning permit shall be void if any of the following conditions exist:
(a) The zoning permit was issued contrary to the provisions of this chapter by the Building and Zoning Inspector.
(b) The zoning permit was issued based upon a false statement by the applicant.
(c) The zoning permit has been assigned or transferred.
(2) When a zoning permit has been declared void for any of the above reasons by the Board of Zoning Appeals pursuant to § 156.221 of this chapter, written notice of its revocation shall be given by certified mail to applicant, and sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease unless, and until, a new zoning permit has been issued.
(Ord. 34-90, passed 12-26-90)
§ 156.225 CERTIFICATE OF OCCUPANCY.
(A) Certificate of occupancy required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Building and Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this chapter. Such certificate of occupancy may be a part of the zoning permit.
(B) Application for certificate of occupancy. Certificates of occupancy shall be applied for by the applicant giving written notice to the Building and Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this chapter.
(C) Approval of Health Department required. If the property in question is not served by public water and sewer, a certificate of occupancy shall not be issued by the Building and Zoning Inspector until approval of the water and sewage disposal systems have been given by the Fayette County Health Department, or Ohio Environmental Protection Agency.
(D) Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Building and Zoning Inspector for a period not exceeding six months during the alteration or partial occupancy of a building pending its completion.
(E) Record of certificate of occupancy. The Building and Zoning Inspector shall maintain a record of all certificates of occupancy and a copy of any individual certificate shall be furnished upon request to occupant or his legally authorized representative.
(Ord. 34-90, passed 12-26-90)
§ 156.226 FEES, CHARGES AND EXPENSES.
The City Council shall establish by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning permits, certificates of occupancy, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the municipal offices, and may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.
(Ord. 34-90, passed 12-26-90)
§ 156.227 AMENDMENTS.
(A) Power of City Council. Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
(B) Initiation of zoning amendments. Amendments to this chapter may be initiated in one of the following ways:
(1) By referral of a proposed amendment to the Planning Commission by City Council.
(2) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.
(3) By the filing of an application by at least one owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment.
(C) Contents of application. An application for amendment shall be submitted by the applicant to the Building and Zoning Inspector and shall contain, at a minimum, the following information:
(1) Name, address, and phone number of the applicant.
(2) Proposed amendment to the text or legal description of the property affected.
(3) Present use and district.
(4) Proposed use and district.
(5) A map drawn to scale showing property lines, streets, existing and proposed zoning, and such other items as the Building and Zoning Inspector may require.
(6) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Fayette County Auditor's current tax list. The requirement for addresses may be waived when more than ten parcels are proposed to be rezoned.
(7) A statement as to how the proposed amendment will impact adjacent and proximate properties.
(8) Any other information as may be requested by the Building and Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Code.
(9) A fee as established by the City Council.
(D) Transmittal of resolution to Planning Commission. Upon referral of the proposed ordinance by City Council, or the filing of an application by at least one owner or lessee of the property, or their designated agent said proposed amendment or application shall be transmitted to the Planning Commission.
(E) Recommendation by Planning Commission.
(1) Within 60 days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall recommend to the City Council that the
amendment be approved as requested, or it may recommend that the amendment be denied. A public hearing shall be held by the Planning Commission for consideration of the proposed amendment to the Zoning Code or Map unless the Planning Commission decides by affirmative vote that a hearing is not needed in the specific case being considered. Notice of the time, place and purpose of such hearing shall be given by:
(a) Publication at least once in a newspaper of general circulation in the municipality; the publication shall be not less than ten days prior to the date of the hearing.
(b) Where the proposed amendment is to effect a change in the district map, and less than ten parcels are proposed to be rezoned, written notice of the hearing shall be mailed by the Secretary of Planning Commission, by first-class mail, at least five days prior to the date of such hearing, to the owner(s) of all property within 200 feet of adjoining property. The failure of delivery of such notice shall not invalidate the proceedings or findings of the Planning Commission.
(2) If a public hearing is held, notice of the hearing shall also be mailed by the Building and Zoning Inspector, to other interested parties, as determined by the Chairperson of the Planning Commission.
(F) Action by City Council.
(1) Public hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least 30 days notice of the time and place thereof in a newspaper of general circulation in the city. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Building and Zoning Inspector, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Fayette County Auditor's current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.
(2) Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans, and reports submitted by the Planning Commission shall be on file, for public examination, in the municipal offices.
(3) Action by City Council. No such ordinance which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.
(4) Effective date and referendum.
(a) Such amendment adopted by City Council shall become effective 30 days after the date of such adoption unless within 30 days after the passage of the ordinance there is presented to the Clerk of Council a petition, signed by a number of qualified voters residing in the city equal to not less than 10% of the total vote cast in such area at the last preceding general election at which a governor was elected, requesting the City Council to submit the zoning amendment to the electors of the city for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 34-90, passed 12-26-90)
§ 156.228 APPEALS; VARIANCES.
(A) Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved including a tenant, or by a governmental officer, department, board, or bureau. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Building and Zoning Inspector or with the Board of Zoning Appeals, a notice of appeal specifying the decision of the Building and Zoning Inspector which the appeal is being taken.
(B) Powers of the Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the appellant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2) Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(C) Application for variance and appeals.
(1) Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Building and Zoning Inspector. An application for a variance of appeal shall be field in triplicate with the Building and Zoning Inspector on a form as specified for that purpose. The Building and Zoning Inspector shall forward a copy of the application to the Board of Zoning Appeals within five days from receipt of the completed application.
(2) The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property as recorded in Fayette County Recorder's office.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Fayette County Auditor's current tax list.
(e) Each application for a variance or appeal shall refer to the specific provisions of this chapter which apply.
(f) A narrative statement explaining the following:
1. The use for which variance or appeal is sought.
2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
3. The specific reasons why the variance or appeal is justified, according to division (B)(1)(a) through (e) of this section.
(D) Supplementary conditions and safeguards. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter and punishable under §§ 156.998 and 156.999 of this chapter.
(E) Public Hearing by the Board. The Board shall hold a public hearing within 30 days after receipt of an application for an appeal or variance from the Building and Zoning Inspector or an applicant.
(F) Notice of public hearing. Before holding the public hearing pursuant to division (E) of this section, notice of such hearing shall be given one or more newspapers of general circulation in the city at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(G) Notice to parties of interest. Before holding the public hearing pursuant to division (E) of this section, written notice of such hearing shall be mailed by the Building and Zoning Inspector of the city, by first-class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified in division (F) of this section. Parties of interest shall include owners and occupants of property within 200 feet from, contiguous to, and directly across the street from the property being considered.
(H) Action by Board of Zoning Appeals. Within 30 days after the public hearing pursuant to division (E) of this section, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in division (D) of this section, or disapprove the request for appeal or variance. if the application is approved, or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas. The Board of Zoning Appeals shall transmit a written copy of its decision and findings to the Building and Zoning Inspector, who shall forward such copy to the applicant.
(Ord. 34-90, passed 12-26-90)
§ 156.998 VIOLATIONS.
(A) Failure to obtain a zoning permit, certificate of occupancy, or sign permit. Failure to obtain a zoning permit, certificate of occupancy, or other permit as required by specific sections of this chapter shall be a violation of this chapter and punishable under § 156.999 of this chapter.
(B) Construction and use to be as provided in applications, plans, permits, and certificates. Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Building and Zoning Inspector authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 156.999.
(C) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Building and Zoning Inspector. The Building and Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this chapter.
(Ord. 34-90, passed 12-26-90)
§ 156.999 PENALTY.
(A) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this chapter) shall constitute a minor misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from such other lawful action
as is necessary to prevent or remedy any violations. Penalties as above shall apply unless penalties are delineated for specific sections of this chapter, in which case the penalties delineated in those sections shall apply.
(Ord. 34-90, passed 12-26-90)