1395.10 POWERS AND DUTIES OF THE BUILDING INSPECTOR AND BOARD OF ZONING AND BUILDING APPEALS.

1395.10 POWERS AND DUTIES OF THE BUILDING INSPECTOR AND BOARD OF ZONING AND BUILDING APPEALS.

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
TITLE ONE - Building Standards
TITLE THREE - Local Provisions
CHAPTER 1335 Licensing of Contractors
CHAPTER 1345 Certificates of Occupancy
CHAPTER 1351 Dangerous Buildings
CHAPTER 1352 Fences, Hedges and Walls (Repealed)
CHAPTER 1353 Flood Damage Prevention
CHAPTER 1354 Flood Hazards
CHAPTER 1355 Grades
CHAPTER 1356 Moving Buildings
CHAPTER 1357 Residential Driveways and Driveway Additions
CHAPTER 1361 Permits, Fees and Inspections
CHAPTER 1365 Pole Type Buildings (Repealed)
CHAPTER 1367 Construction Equipment and Vehicles (Repealed)
CHAPTER 1369 Dumpsters and Refuse Containers (Repealed)
CHAPTER 1371 Signs and Billboards (Repealed)
CHAPTER 1375 Swimming Pools (Repealed)
CHAPTER 1377 Smoke Detectors
CHAPTER 1379 Residential Construction Materials
CHAPTER 1381 Stables, Kennels and Animal Shelters
CHAPTER 1383 Metal Sheds and Accessory Buildings (Repealed)
CHAPTER 1385 Emergency Alarm Systems
CHAPTER 1387 Ground Satellite Stations
CHAPTER 1395 Real Property Maintenance Code
1395.01 SHORT TITLE.
1395.02 POLICY.
1395.03 PURPOSES.
1395.04 DEFINITIONS.
1395.05 APPLICABILITY.
1395.06 RESPONSIBILITIES OF OWNERS, OPERATORS AND OCCUPANTS GENERALLY.
1395.07 DUTIES OF OWNERS AND OPERATORS.
1395.08 ADMINISTRATION.
1395.09 EXISTING OFFENSES AND VIOLATIONS NOT DISCHARGED.
1395.10 POWERS AND DUTIES OF THE BUILDING INSPECTOR AND BOARD OF ZONING AND BUILDING APPEALS.
1395.11 INSPECTION AND STATUS REPORTS.
1395.12 SEPARABILITY.
1395.13 ANNUAL RENTAL PERMITS REQUIRED FOR MULTI DWELLING UNITS.
1395.14 BIENNIAL RENTAL PERMITS REQUIRED FOR SINGLE DWELLING UNITS.
1395.15 APPLICATION FOR RENTAL PERMIT.
1395.16 PERIODIC ADMINISTRATIVE INSPECTIONS OF RENTAL PROPERTY.
1395.17 REFUSAL OF OWNER OR OCCUPANT TO CONSENT TO INSPECTION.
1395.18 SUSPENSION OR REVOCATION OF PERMIT.
1395.19 ZONING CERTIFICATION REQUIRED.
1395.20 MAXIMUM OCCUPANCY.
1395.21 AUTHORIZED AGENT.
1395.22 NOTICE OF CHANGE OF OWNERSHIP.
1395.23 EXPIRATIONS AND RENEWALS.
1395.24 FEES.
1395.25 DISPLAY OF PERMIT.
1395.26 REINSTATEMENT.
1395.99 PENALTY AND EQUITABLE REMEDIES.
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
1395.10 POWERS AND DUTIES OF THE BUILDING INSPECTOR AND BOARD OF ZONING AND BUILDING APPEALS.
CHAPTER 1395 Real Property Maintenance Code
1395.08 ADMINISTRATION.
   (a)    Director of Inspections to be Property Maintenance Officer. The Building Inspector and/or assistant is hereby designated to serve as the Property Maintenance Officer hereunder and all inspections, regulations, enforcement and hearings on violations of the provisions of this Real Property Maintenance Code, unless expressly stated to the contrary, shall be under his direction and supervision. He may appoint or designate, subject to the approval of the Mayor, such other public officials or employees of the City to perform duties that are necessary to the enforcement of this Code, including the making of inspections.
   
   (b)    Inspections; Residential and Nonresidential. All buildings and premises subject to this Code are subject to inspections at all reasonable times from time to time by the Property Maintenance Officer. At the time of such inspections, all exterior parts of the premises must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
   (c)    Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
 
   (d)    Refusal of Access. 
      (1)    Search warrant/access warrant. Where the Property Maintenance Officer or his agent is refused access to the property or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, the Property Maintenance Officer may, upon affidavit, apply to the Lorain Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises. If the Court is satisfied as to the matter set forth in the affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. A warrant for access may be issued by the Court upon affidavit of the Property Maintenance Officer establishing grounds therefor.
      (2)    Penalties. If the Property Maintenance Officer is thereafter refused access to the property or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such owner, occupant or operator shall be in violation of this Code and subject to the penalties provided in Section 1395.99 . 
    (e)   Procedure Where Violation Discovered.
      (1)   Written notice. Where a violation of this Code, or the regulation promulgated pursuant thereto is found to exist, a written notice from the Property Maintenance Officer shall be sent via regular U.S. mail to the last known address of the owner of the premises. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The date of service of the notice shall be the day of mailing.
Notwithstanding any other provision of this Code, where premises are subject to registration pursuant to Section 1361.02, and have been so registered, notice served upon the agent designate therein shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises as required by Section 1361.02, or if the present premises have been registered and the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near to the front entrance thereon as possible.
      (2)    Referral of violations. Any violation of any ordinance other than this Code discovered by the Building Inspector or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
      (3)   Should any violations of this Code remain uncorrected after ten (10) days from the date of the mailing of notice provided for at subsection (e)(1) herein, the violation(s) may be prosecuted by the filing of a complaint by the Property Maintenance Officer in either the Sheffield Lake Mayor's Court, or the Lorain Municipal Court, pursuant to Section 1395.99 of this Code.
         (Ord. 14-24. Passed 4-9-24.)
1395.09 EXISTING OFFENSES AND VIOLATIONS NOT DISCHARGED.
   The repeal of any provisions of any other ordinance by this chapter shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any office or agency of the City prior to the effective date hereof or concerning any prosecution or other steps of enforcement which have been taken or are being taken within any administrative agency or in the Municipal Court for enforcement thereof.
(Ord. 57-93. Passed 5-25-93.)
1395.10 POWERS AND DUTIES OF THE BUILDING INSPECTOR AND BOARD OF ZONING AND BUILDING APPEALS.
   (a)    Rules and Regulations. The Building Inspector is hereby authorized to promulgate such written rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter. The Building Inspector shall file copies of such rules and regulations with the Clerk of Council, the City Engineer, the Fire Chief and the Police Chief and shall make available in the Building Inspector's office a copy for inspection by members of the public during regular business hours.
   (b)    Variances. The Board of Zoning and Building Appeals shall have the power to withhold or extend strict enforcement of the requirements of this Code upon written application fee equal to cost therefor by an owner, operator or occupant and after a public hearing provided that the Board determines that the conditions specified in subparagraph (1) or (2) hereof exist.
      (1)    Any variation or modification of a structure or use approved by the Board of Zoning and Building Appeals shall not in any material way alter the standards of this Code and cannot affect detrimentally the health, safety or welfare of occupants or owners or of adjacent premises or of the immediate neighborhood and strict enforcement of the provisions of this Code would constitute an undue and unnecessary hardship on the owner or operator because it would compel expenditures on the premises which would be substantially disproportionate to any benefit of health, safety or welfare that might be derived therefrom.
      (2)    The premises subject to this Code are contemplated for acquisition or are within an area where acquisition is contemplated by a public agency having the power of eminent domain and there is a reasonable likelihood that the premises will be acquired and razed or moved within a period of two years. However, any waiver of the provisions of this Code shall be canceled and the Building Inspector shall strictly enforce this Code if it is ascertained subsequent to the granting of the waiver that the premises are in fact not to be acquired for any public use or purpose.
      (3)    Notice of the time and place of the meeting of the Board, after an application has been filed under the provisions of this section, shall be sent to all property owners within a 500-foot radius of the property for which the application is made. Notice shall be sent by the Building Inspector by regular mail.
      (4)    Where variations or modifications are approved in any section of this Code or by the action of the Board of Zoning and Building Appeals or of any court of record, a written record thereof stating the name of the applicant, the address of the premises, the variation or modification approved, the date of approval and the reasons therefor satisfying the provisions contained herein, shall be prepared by the Board of Zoning and Building Appeals and filed both under the section or sections of this Code to which the variation or modification applies and under the address of the premises. Such files shall be available for public inspection in the office of the Building Inspector during regular business hours.
      (5)    Any recommended amendment, addition or modification of the provisions of this Code consonant with the field experience of the personnel charged with enforcement;
      (6)    A summary of the time sequence enforcement experience indicating the number of violations abated, the number of cases processed in the Municipal Court, the number of inspections made and such other and further pertinent information as will provide Council with a quarterly account of progress in securing the standards required by this Code; and
      (7)    Any further recommendation as to how this Code and the procedure and operations hereunder can be improved.
(Ord. 57-93. Passed 5-25-93.)
1395.11 INSPECTION AND STATUS REPORTS.
   (a)    Application for Inspection. Whenever an owner, operator, occupant, bona fide prospective purchaser, mortgagee or bona fide prospective occupant applies to the Building Inspector for an inspection in order to ascertain if any section of this Real Property Maintenance Code has been violated, the Building Inspector shall, upon payment of the fee provided in subsection (d) hereof, cause an inspection to be made of the premises and issue an informational certificate or report of the inspection to the applicant, indicating therein any violations of this Code on the premises. The applicant for such inspection shall state in writing his full name, his address and the reasons and basis for which the inspection is requested. The Building Inspector may deny the application for failure to comply with this requirement.
   (b)    Application for Status Report. When, in lieu of an inspection, an owner, operator, occupant, lessee, bonafide prospective purchaser, mortgagee or bona fide prospective occupant requests a status report as to whether or not there are any known violations presently pending on the premises, a copy of any notice or order on any violation then pending shall be sent to the applicant upon payment of fees provided in subsection (d) hereof.
   (c)    Significance and Scope of Inspection or Status Report. No inspection report issued under subsection (a) hereof or status report issued under subsection (b) hereof shall be construed as providing a defense against any violation of this Code or any other ordinance of the City which may be discovered thereafter whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this Code. The inspection or status report shall include only such matters that are embraced in this Code.
   (d)    Inspection and Status Report Fees. 
      (1)    The minimum fee for any inspection made pursuant to subsection (a) hereof shall be twenty dollars ($20.00). Dwellings of more than two dwelling units or rooming units shall require an additional fee of two dollars ($2.00) for each unit in excess of two.
      (2)    The fee for any status report or copy thereof issued pursuant to subsection (b) hereof shall be four dollars ($4.00).
      (3)    Neither the City nor any of its agents shall be liable to any owner or subsequent purchaser of real property for violations of this Code not discovered at the time of inspection of the premises.
         (Ord. 57-93. Passed 5-25-93.)
1395.12 SEPARABILITY.
   If any section, subsection, paragraph, sentence, clause, phrase or word contained in the Real Property Maintenance Code is declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall remain in full force and effect, and to this end the provisions of this Code are hereby declared to be separable.
(Ord. 57-93. Passed 5-25-93.)
1395.13 ANNUAL RENTAL PERMITS REQUIRED FOR MULTI DWELLING UNITS.
   All residential property within the City of Sheffield Lake owned for multi dwelling unit rental purposes or occupied by a party other than the owner for a period of more than six (6) months during any single calendar year, shall require an Annual Rental Permit from the Sheffield Lake Building Department. Traditional motels and hotels shall be excluded from the necessity of obtaining a Rental Dwelling or Rooming House Permit. Non-traditional (long-term) rentals in hotels and motels are not excluded.
(Ord. 18-18. Passed 5-8-18.)
1395.14 BIENNIAL RENTAL PERMITS REQUIRED FOR SINGLE DWELLING UNITS.
   All residential property within the City of Sheffield Lake owned for single-family dwelling rental purposes or occupied by a party other than the owner for a period of more than six (6) months during any single calendar year, shall require a Biennial Rental Permit from the Sheffield Lake Building Department.
(Ord. 18-18. Passed 5-8-18.)
1395.15 APPLICATION FOR RENTAL PERMIT.
   To obtain a Rental Permit, the owner of a single family or multi-family rental dwelling unit or rooming unit as defined by this code, shall apply to the Sheffield Lake Building Department. A Rental Permit shall be issued by the Building Inspector which shall state that the City will conduct periodic administrative inspections of the rental dwelling unit or rooming unit to ensure that the rental dwelling unit, or rooming unit meets the building and zoning requirements of this code and that the owner is current on the payment of all real property taxes for the proposed rental dwelling unit or rooming unit. Upon application for a permit, the owner of a rental dwelling unit or rooming unit may rent or lease the premises at his or her own risk, subject to the subsequent approval of the permit by the Building Inspector.
(Ord. 18-18. Passed 5-8-18.)
1395.16 PERIODIC ADMINISTRATIVE INSPECTIONS OF RENTAL PROPERTY.
   The Building Department shall conduct periodic administrative inspections of rental property in the City to ensure compliance with the building and zoning requirements of this code. Administrative inspections shall be conducted upon a minimum of forty-eight (48) hours advanced notice to the owner and/or occupant of the rental property. Inspections shall be based upon the following:
   (a)   Specific evidence of an existing violation derived from:
      (1)   A credible complaint received by the City;
      (2)   Credible information received by the City through other communications;
      (3)   Personal observations by an inspector or other employee of the City;
      (4)   Documents obtained by the City; or
   (b)   A general inspection program based upon reasonable legislative or administrative standards including, but not limited to:
      (1)   The amount of time which has elapsed since the last inspection of the property;
      (2)   The nature of the building to be inspected;
      (3)   The condition of the area in which the property is located.
         (Ord. 18-18. Passed 5-8-18.)
1395.17 REFUSAL OF OWNER OR OCCUPANT TO CONSENT TO INSPECTION.
   Should an owner or occupant of residential rental property located in the City refuse to consent to an administrative inspection of the property as required by this Chapter, the City may seek an administrative search warrant for the property from a court of competent jurisdiction. Probable cause for the issuance of the administrative warrant shall be based upon the factors as set forth at Section 1395.16 of this Chapter.
(Ord. 18-18. Passed 5-8-18.)
1395.18 SUSPENSION OR REVOCATION OF PERMIT.
   Any permit granted or issued under the terms of this code to an owner or operator may be suspended or revoked at any time by the Building Inspector upon satisfactory proof of a violation of any provision of this code or which could have been grounds for failure to issue an original permit, including satisfactory proof that the owner of the rental dwelling unit or rooming unit has allowed the real property taxes to become delinquent on the rental dwelling unit or rooming unit. If a permit is suspended or revoked, said permit shall be surrendered to the Building Department within five (5) days of notification of such suspension or revocation.
(Ord. 18-18. Passed 5-8-18.)
1395.19 ZONING CERTIFICATION REQUIRED.
   Prior to the issuance of any Rental Permit, the Building Department shall first verify that the property in question is properly zoned for the proposed rental use.
(Ord. 18-18. Passed 5-8-18.)
1395.20 MAXIMUM OCCUPANCY.
   The Rental Permit shall state the maximum number of persons who may occupy the rental dwelling unit or rooming unit as determined by this code and other ordinances of the City of Sheffield Lake. (Ord. 18-18. Passed 5-8-18.)
1395.21 AUTHORIZED AGENT.
   No Rental Permit shall be issued or received unless the applicant designates, in addition to himself, an agent for the receipt of process. Said agent must be designated in writing on the application for said permit. Such agent must reside within Lorain County.
(Ord. 18-18. Passed 5-8-18.)
1395.22 NOTICE OF CHANGE OF OWNERSHIP.
   Any person selling or otherwise relinquishing ownership or control of a rental dwelling unit or rooming unit for which a Rental Permit has been issued shall notify the Building Department of said change in ownership within five (5) days of the effective date of transfer.
   Such notice shall be in writing and shall include:
   (a)   The name and address of the new owner.
   (b)   The name and address of the previous owner; and
   (c)   The agent for the new owner as required under the provisions of Section 1395.21 herein.
      (Ord. 18-18. Passed 5-8-18.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• Repealed)
• ordinance other than this Code discovered by the Building Inspector or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance
• Ord. 14-24
• ordinance by this chapter shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any office or agency of the City prior
• effective date hereof or concerning any prosecution or other steps of enforcement which have been taken or are being taken within any administrative agency or in the Municipal Court for enf
• Ord. 57-93
• ord, a written record thereof stating the name of the applicant, the address of the premises, the variation or modification approved, the date of approval and the reasons therefor sat
• order to ascertain if any section of this Real Property Maintenance Code has been violated, the Building Inspector shall, upon payment of the fee provided in subsection (d) hereof, ca
• order on any violation then pending shall be sent to the applicant upon payment of fees provided in subsection (d) hereof
• ordinance of the City which may be discovered thereafter whether or not the condition or violation existed at the time of any such inspection or status report
• ord contained in the Real Property Maintenance Code is declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall remain
• Ord. 18-18
• ordinances of the City of Sheffield Lake
• effective date of transfer
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

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