[2026-70 Fix Typographical Error in O. 2025-92.pdf] CITY OF NORTH OLMSTED ORDINANCE NO. 2026 - 70 By: Mayor Jones AN ORDINANCE ESTABLISHING A NEW AND REVISED CHAPTER 1119 OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED ENTITLED “BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY”. WHEREAS, Ordinance 2025-92 establishing a new Chapter 1119 was adopted by this Council on December 16, 2025, with a typographical error in the numbering of subsections of new Chapter 1119; and WHEREAS, the sole purpose of this Ordinance is to correct the numbering error; and WHEREAS, despite no substantive changes to the original Ordinance, it is necessary to follow the formal process for adopting a zoning code amendment; and WHEREAS, after careful consideration, the Planning and Design Commission of the City, on the 24th day of September, 2025, by formal motion, recommended that this Ordinance amending Chapter 1119 of the Zoning Code, presently entitled “Building Permits and Certificates of Occupancy” be (approved) (disapproved); and WHEREAS, following publication of newspaper notice in conformance with the provisions of Section 14 of Article IV of the Charter and Section 1118 of the Zoning Code, a public hearing was held on the 18th day of November, 2025; and WHEREAS, it is the recommendation of the Administration that a new chapter 1119 be adopted to correct the numbering error. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That there is hereby established a new Chapter 1119 of the Codified Ordinances of the City of North Olmsted, “Building Permits and Certificates of Occupancy,” which shall read as follows: 1119.01 PURPOSE: To streamline process and protect the property and the general public and preserve the health, safety, and welfare of the Citizens of North Olmsted. To establish procedures for and licensure of physical occupancy of buildings or structures consistent with both the Ohio Building Code (OBC) and also in accordance with all zoning, use and development requirements in Part Eleven, Planning and Zoning Code. 1119.02 DEFINITIONS Shall be the same as those in Chapter 1115. Further, the terms and definitions contained in the OBC are incorporated by reference. 1119.03 BUILDING PERMIT REQUIRED. a. No excavation for a foundation, nor the erection, construction or alteration of any structure or part of a structure, nor occupancy of any street with the building materials, nor erection of temporary structures for construction purposes, nor any other improvement to real property for which a building permit is required, shall be undertaken until a building permit therefor has been issued by the Building Commissioner. b. No person shall perform any work or otherwise contract for or permit such work to be performed, on real property or structures thereon, without first having been issued building and zoning permits required by the OBC and/or Parts Eleven and Thirteen of these Codified Ordinances. c. Building permits are subject to time limitation and expiration, if not granted renewal and extension of time in accordance with Sections 1117.01(A) (2) and 1321.06. Upon the expiration of time limits imposed on any Building permit, absent extension or renewal as required, the prohibition of Subsections a. and b. shall remain in force and effect. 1119.04 CERTIFICATE OF OCCUPANCY REQUIRED. a. No land shall be occupied, used or changed in use, or established, and no structure or alteration or enlargement thereof shall be occupied, used or changed in use, including change of business name, until a Certificate of Occupancy has been issued therefore by the Building Commissioner. b. No person shall use, occupy, reside, operate, or otherwise allow for or permit such occupancy of any real property, structure or premises, without first having been issued Certificate of Occupancy as required by the OBC and following review and certification of compliance with Parts Eleven and Thirteen of these Codified Ordinances. 1119.05 CERTIFICATE OF OCCUPANCY APPLICATION AND ISSUANCE. a. Application: A Certificate of Occupancy (C of O) shall be applied for at the time application is made for a building permit. No building permit shall be issued before such Application has been made for a Certificate of Occupancy. In addition, an Application for C of O shall be filed in the event that the use, name or occupancy of an existing building is changed, including the reopening of previously terminated occupancy and/or in the event that building records do not contain a Certificate of Occupancy for an existing use or occupancy. Each Application shall be made in duplicate on forms furnished by the Building Commissioner and shall be accompanied by the fee required by Chapter 1321. b. Zoning Review and Compliance: upon receiving an application for a certificate of occupancy the Building Commissioner shall submit and obtain a zoning review from the Department of economic and community development. The Director of Economic and Community Development shall within 10 business days provide a written review to the Building Commissioner of the findings of the zoning review. c. No building permit shall be issued without affirmative zoning review and compliance. No building permit shall be issued without prerequisite Certificate of Plan Approval. No Certificate of Occupancy shall be issued without satisfactory performance and substantial completion of all zoning and building permit requirements, including final inspections. d. A Certificate of Occupancy shall be issued within thirty (30) days after the building of the structure to which it applies is completed in conformity with the plat, plans and specifications filed and after the installation, in operating condition, of necessary sanitary and utility facilities; or, where the Certificate of Occupancy is sought for the occupancy, use or change in use of land, it shall be issued within ten days after application therefor, provided such proposed occupancy, use or change in use is in conformity with the provisions of the Zoning Code and this Building Code. e. Conditional Certificate of Occupancy: The Commissioner may, after all exterior improvements exclusive of the building have been substantially completed, may grant to the owner Conditional permission to occupy that portion of the building or structure that has passed final inspection, subject however to seasonably prompt final completion. Substantial completion for purposes of this section, means sidewalks, parking provisions and landscaping attributable to that portion of the structure to be used. f. Issuance of Certificate of Occupancy: Upon receipt of the zoning review and the successful completion of the building Plan Review the building commissioner shall issue a Certificate of Occupancy. 1119.06 RECORDS. a. A record of all Certificates of Occupancy, whether issued or denied, shall be kept on file in the office of the Building Commissioner and a copy provided to Fire Prevention Bureau upon request. 1119.07 VOIDANCE. a. If the use, occupancy or operation should at any time fail to comply with the ordinances of the City, conditions of the Certificate of Occupancy or conditions of the Approved Development Plan, Conditional Use Permit, or other zoning approval, and such failures to comply continue beyond a time fixed by the Building Commissioner to cure such default, the Certificate of Occupancy or the Certificate of Zoning Compliance shall be rendered null and void, determined to be void by Order of the Building Commissioner, or subject to revocation by Order of the Building Commissioner and all rights thereunder shall terminate and the continuance of the use, occupancy or operation under such certificate shall cease. b. In the event that an existing structure is presently occupied in the absence of a Certificate of Occupancy, an Application therefore must be filed within ten (10) days of notice, subject to remedies and penalties herein. No person shall continue or remain in occupancy unless the Application is filed and the Certificate of Occupancy issued in accordance with this Chapter. 1119.08 APPEALS a. Time and Notice. An appeal from any decision of the Building Commissioner may be taken within ten (10) days from the date of the decision from which the appeal is taken by filing an application with the Building and Zoning Board of Appeals specifying the grounds therefor. The Commissioner shall forthwith transmit to the Board papers upon which the action appealed was taken. b. Hearing. The Board shall hear and decide appeals de novo and shall review on appeal any order, requirement, decision or determination made by the Building Official in the enforcement or application of the Zoning. Within its power, the Board may reverse or affirm wholly or in part, or modify, any such order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances and to that end shall have all the powers of the officer from whose decision the appeal is taken. c. Evidence and Inspection. In passing upon appeals, the Board may require submission of evidence or proof to substantiate claims, and may require such additional data and tests which, in the opinion of the Board, are needed for adequate consideration of the appeal. Any member of the Board or any person authorized by the Board may at any time enter, inspect and examine any plans, building or structure for the purpose of carrying out the duties of the Board. d. Stay of Enforcement. The Order of the Building Commissioner shall remain in force and effect notwithstanding an appeal, and the Order shall remain subject to criminal and/or civil enforcement, unless the Board grants a Stay pending appeal upon petition therefore and good cause shown. 1119.99 PENALTY: A. Minor Misdemeanor. Any person, including but not limited to the owner, occupant or operator of any real property, building or premises, or a part thereof, who is or has been in title, possession, use or occupancy of said property and where there exists any violation of this Chapter or the Building or Zoning Codes, shall be guilty of a minor misdemeanor, subject to penalties of not more than $150.00 for each and every violation. Further, each and every day of violation shall constitute a separate offense and such penalty may be imposed for each and every day that such violation is found to persist. B. Mandatory Per Diem Penalty upon Failure to Comply. In addition to such offenses in (A), upon the observation of the commission of any such violation, it shall be a violation for any person to fail to comply with any of the provisions of this Chapter or the Building or Zoning Codes, or any requirements thereof, or to fail to abate any violation in compliance with any lawful order issued by the Building Commissioner or the Building and Zoning Board of Appeals, within the time specified in such order, and for each and every violation or noncompliance, shall be guilty of a minor misdemeanor and shall be subject to minimum mandatory fines of not less than $49.00 for each and every day during which such noncompliance persists after such person's failure to abate or comply in response to said lawful order and notification. C. Mandatory Penalty upon Violation of Final Approved Development Plan. In addition to such offenses as may be charged under Subsection A and B, any person who violates Section 1126.10 of this Zoning Code, Compliance with Approved Plans, shall be fined $100.00 per day for the first five (5) days of his violation of said Section 1126.10, and $250.00 per day for every subsequent day of violation. For purposes of this paragraph, each day during which such violation continues shall constitute a separate violation of said Section 1126.10. D. Enhancement of Penalty upon Proof of Prior Conviction. Any person who is found to be Guilty of and convicted for violation of any of the provisions of this Zoning Code, pursuant to Subsections A, B or C above, upon subsequent violation within ten (10) years, shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250.00 and subject to imprisonment of not more than 30 days, or both, for each and every violation and day that the violation continues to exist after lawful order and notification. Further, if a person was previously convicted of a violation of any provision of this Zoning Code within one year prior to the date of the subsequent violation, then such person shall be guilty of a misdemeanor of the first degree, subject to a fine of not more than $1,000.00 and a term of imprisonment of not more than 180 days, or both, for each and every day the violation continues to exist after the date of the lawful order and notification. Further, the Court is hereby authorized to order, as a condition of probation or otherwise, that the offender comply with the Zoning Code and/or cure the violation of any and all provisions thereof upon which the citation and conviction are based, or otherwise upon such restrictions and within such reasonable time as ordered by the Court. E. Application of Penalties to Officers or Agents. The penalties contained hereinabove shall be applicable to all legal entities as well as to natural persons. Where the owner, occupant or operator is a legal entity, other than a natural person, the penalties of this Section shall be applicable to any statutory agent, superintendent, officer, member or partner who, alone or with others, has charge, care or control of or is otherwise responsible for the real property, building or premises. In that event the lawful order, notification and any Citation or Complaint may be styled in the business name of such legal entity, under the care of the specific, individual natural person doing business as such legal entity, together with such person's title, affiliation, or status. For example, "ABC company, Inc., care of (c/o), Mr. XYZ, date of birth (DOB), whose residential address is located at, and who is doing business as President thereof." F. Equitable Remedies. The imposition of any penalty shall not preclude the Director of Law or Prosecutor from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an violation of this Zoning Code; or to restrain, correct or abate a violation; or to prevent the occupancy of any real property, building or premises; or to require compliance with the provisions of this Zoning Code or other applicable laws, ordinances, rules or regulations or the orders or determinations of the Court, Building Commissioner or the Building and Zoning Board of Appeals. SECTION 2: Any business lawfully existing as of this passage of this ordinance shall have 180 days from the date of passage to apply for and obtain a valid certificate of occupancy from the Building Department at no cost to the applicant. SECTION 3: That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. SECTION 4: That Ordinance 2025-92 and 2017-32 are hereby repealed, void and no longer in effect. SECTION 5: Any other Ordinance, or part of Ordinance, which is inconsistent or in conflict with any of the provisions of this Ordinance is, to the extent of any such inconsistency or conflict, hereby repealed. SECTION 6: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law upon its passage and approval by the Mayor. PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _____________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: ___________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr. MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU JR. Director of Law
