Explanation
BACKGROUND:Strict liability is the level of culpability intended to be used in the enforcement of the Columbus Building Code. While not explicitly stated in the code, case law arising from a court case decided in 1993 clearly established that strict liability was indeed the level of culpability intended to be used when enforcing provisions of the Columbus Building Code (Title 41) in order to protect the public health, safety and welfare.This code changes clarifies that strict liability is in fact the level of culpability intended when enforcing provisions of the Columbus Building Code (Title 41) as has been established and followed by case law since 1993 by adding the needed language directly into code. The Columbus Building Commission, at a public meeting held on June 14, 2003, voted to approve this code change and recommend its adoption by City Council.
FISCAL IMPACT:No funding is required for this legislation.
Title
To amend Chapters 4105 and 4111 of the Columbus City Codes, 1959, by modifying Sections 4105.02 and 4111.99 by adding text that requires strict liability to be the standard used for enforcement of violations of the Columbus Building Code (Title 41).
Body
WHEREAS, strict liability is the level of culpability intended to be used in the enforcement of the Columbus Building Code; and
WHEREAS, case law arising from a court case decided in 1993 clearly established that strict liability was indeed the level of culpability intended to be used when enforcing provisions of the Columbus Building Code (Title 41) in order to protect the public health, safety and welfare; and
WHEREAS, this code change clarifies that strict liability is in fact the level of culpability intended when enforcing provisions of the Columbus Building Code (Title 41) as has been established and followed by case law since 1993 by adding the needed language directly into code; and
WHEREAS, the Columbus Building Commission, at a public meeting held on June 14, 2003, voted to approve this code change and recommend its adoption by City Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing section 4105.02 of the Columbus Codes, 1959, is hereby amended to read as follows:
4105.02 Enforcement.
(A) The director, or his or her designee, shall have the power to enforce all provisions of this Building Code and may institute any appropriate action or judicial proceeding to prevent the unlawful construction or alternation of any building or structure or the unlawful establishment, change to modification of any use; to restrain, correct or abate such violations; or to prevent occupancy of the unlawful building or structure. For the purposes of enforcement of the provisions of the Ohio Building Code, the director's designee shall be the building official or his or her designee.
(B) Strict liability is intended to be imposed for a violation of the Columbus Building Code.
Section 2. That the existing section 4111.99 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4111.99 Building Code penalty.
(A) Whoever violates or fails to comply with any provision of this Building Code or valid order issued pursuant thereto is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both. Each day that such violation or noncompliance continues shall constitute a separate and complete offense.
(B) Whoever violates or fails to comply with any rule or regulation adopted by the building official pursuant to authority granted by this Building Code is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both. Each day that such violation or noncompliance continues shall constitute a separate and complete offense.
(C) Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with the Columbus Building Code or any rule or regulation adopted by the building official pursuant to authority granted by this Building Code shall be guilty of a misdemeanor of the third degree, and shall be fined not more than three thousand dollars ($3,000.00).
(D) Strict liability is intended to be imposed for a violation of the Columbus Building Code.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period provided by law.