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City of Cleveland Codified Ordinances, Chapter #138
PART ONE — ADMINISTRATIVE CODETitle V — Administrative OrganizationChapter 138 — Department of Building and HousingComplete to June 30, 2007
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
Pursuant to the authority of the Charter there is established, a Department of Building and Housing, to be controlled and administered by a Director of Building and Housing subject to the provisions of the Charter and these Codified Ordinances, and to the direction of the Mayor.
Wherever elsewhere in the Codified Ordinances of the City of Cleveland there appears the phrase “Division of Building” or “Division of Housing” or “Division of Building and Housing” it shall be deemed to mean Department of Building and Housing for the purpose of construing such sections.
(Ord. No. 1767-06. Passed 10-23-06, eff. 10-24-06)
The Director of Building and Housing shall administer the Department of Building and Housing and supervise the work of the divisions established in the Department; administer and enforce the laws and ordinances of the City relating to buildings and the housing of its inhabitants; coordinate the functioning of the divisions of the Department with other departments, divisions, and offices of the City, with Federal. State and County offices and agencies; administer and enforce the ordinances of the City relating to the use of land, the construction and occupancy of buildings and structures; issue all building permits and supervise the inspection of all work done pursuant to those permits; issue all certificates of occupancy as authorized and required by the Codified Ordinances dealing with structures; issue and have served upon the owner or violator orders requiring the repair or removal of all buildings, structures or conditions not in compliance with the codes pertaining to those buildings, structures or conditions and all requirements of law or ordinances relating to the maintenance, use or occupancy of dwellings in a safe, sanitary and fit condition for human habitation; initiate and carry forth proceedings to compel compliance with such codes and requirements; and do and perform such other duties as may from time to time be required of the Director by the Mayor, or by ordinance of Council.
Wherever else in the Codified Ordinances of the City of Cleveland there appears the phrase "Commissioner of Building" or "Commissioner of Housing" or "Commissioner of Building and Housing" it shall be deemed to mean Director of Building and Housing for the purposes of construing such sections.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
There is established in the Department of Building and Housing a Division of Construction Permitting to be administered and controlled by the Commissioner of Construction Permitting, subject to the provisions of the Charter and ordinances of the City and to the Director of Building and Housing.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
The Commissioner of Construction Permitting shall administer and enforce the provisions of the ordinances of the City of Cleveland relating to construction, reconstruction, and repair on all buildings, structures and dwellings and to the use and occupancy of all buildings and structures as human habitation; supervise the issuance of all building permits and the inspection of all work done pursuant to those permits; supervise the issuance of certificates of occupancy; maintain a register of all building permits and a record of all compliance orders; assist the Board of Building Standards and Building Appeals and the Board of Zoning Appeals in presenting facts and technical advice concerning matters before such Boards; and perform such other duties as may from time to time be required by ordinance or by the Director of Building and Housing.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
There is hereby established in the Department of Building and Housing a Division of Code Enforcement to be administered and controlled by the Commissioner of Code Enforcement, subject to the provisions of the Charter and the ordinances of the City.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
The Commissioner of Code Enforcement shall administer and enforce the provisions of the ordinances of the City of Cleveland relating to construction, reconstruction, and the repair on all buildings, structures and dwelling and to the use, maintenance and occupancy of all buildings and structures as human habitation; cause inspections to be made regularly in order to determine compliance with the code of the City of Cleveland pertaining to such structures; supervise the inspection of all work done pursuant to the issuance of all building permits; supervise the issuance and service of orders requiring the repair or removal of all buildings, structures or conditions not in compliance with the codes pertaining to those buildings, structures or conditions and all requirements of law or ordinances relating to the maintenance, use or occupancy of dwellings in a safe, sanitary and fit condition for human habitation; supervise the initiation and progress of proceedings to compel compliance with such codes and requirements; assist the Board of Building Standards and Building Appeals and the Board of Zoning Appeals in presenting facts and technical advice concerning matter before such Boards; and perform such other duties as may from time to time be required by ordinance or by the Director of Building and Housing.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
Notwithstanding any provision of the Codified Ordinances to the contrary, the Director of Building and Housing may enter into contracts for the boarding-up and/or demolition of structures which are found to be unsafe structures and declared public nuisances pursuant to the provisions of Section 3103.09 of the Codified Ordinances. Should the Director of Building and Housing find that an unsafe structure constitutes an emergency situation, then the Director of Building and Housing may enter into a contract for the boarding-up and/or demolition of such an unsafe structure without advertising and without competitive bidding.
(Ord. 1266-02. Passed 1-27-03, eff. 1-28-03) (Board of Control Res. No. 77-03. Adopted 2-5-03)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
When the fire insurance proceeds received under the authority of division (g) of Section 3103.01 of the Codified Ordinances of Cleveland, Ohio, 1976, and Section 3929.86 of the Revised Code are unclaimed and the City has complied with all relevant procedures and laws regarding unclaimed funds, those funds shall be placed in Fund 10-811, the Property Rejuvenation Fund and disbursed to the appropriate fund, to be used for demolition, property clean-up, maintenance, or rehabilitation under programs administered by the Departments of Community Development and Building and Housing. The funds may be granted or loaned to other persons or entities or may be used directly by the City. The Property Rejuvenation Fund shall be administered under rules and regulations written by the Directors of Community Development and Building and Housing and submitted to Council for adoption. The rules and regulations shall provide that, to the extent practicable, the funds shall be used in the geographic area of the fire-damaged property that resulted in the collection of the funds. The funds in the Property Rejuvenation Fund are appropriated for the purposes stated in this ordinance and in the rules and regulations referred to above.
(Ord. No. 951-04. Passed 10-11-04, eff. 10-13-04)
Note: Ordinance No. 2370-04, passed January 24, 2005, authorized the continuation of the Department of Building and Housing to January 31, 2006. (Board of Control Resolution No. 209-05. Adopted 4-27-05)
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