Explanation
BACKGROUND:
Many older neighborhoods developed before the requirement for setback and sideyard separation and between houses and property lines. This lack of separation along the sideyard and between houses and abutting property lines often does not allow for sufficient space in order to maintain one structure without entering onto a neighboring property. While under most circumstances this access is granted without issue, it is possible that such access may be denied, even when the access is needed to correct a code violation.
This proposed code section would created a mechanism whereby this access could be granted via a permit issued under the authority of the Chief Building Official who can condition such permit as needed to reduce conflicts, minimize interruptions, and limit time frames as needed. In cases where conflict continues to exist, the issuance of such a permit is appealable to the Columbus Building Commission for further review.
FISCAL IMPACT:
None
Title
To create a new section 4103.155 of the Columbus Building Code, Title 41, in order to provide a permit and appeal process for accessing a neighboring and abutting property in order to correct a non-code complaint issue on ones own property where the close proximity of structures and the lack of sideyard separation requires such access and such access has been denied.
Body
WHEREAS, many older neighborhoods developed before the requirement for setback and sideyard separation and between houses and property lines; and
WHEREAS, this lack of separation along the sideyard and between houses and abutting property lines often does not allow for sufficient space in order to maintain one structure without entering onto a neighboring property; and
WHEREAS, while under most circumstances this access is granted without issue, it is possible that such access may be denied, even when the access is needed to correct a code violation; and
WHEREAS, this proposed code section would created a mechanism whereby this access could be granted via a permit issued under the authority of the Chief Building Official who can condition such permit as needed to reduce conflicts, minimize interruptions, and limit time frames as needed; and
WHEREAS, in cases where conflict continues to exist, the issuance of such a permit is appealable to the Columbus Building Commission for further review; and
WHEREAS, these code changes were reviewed by the Columbus Building Commission at their July 17, 2007 monthly public meeting and recommended this code change for approval and adoption by Columbus City Council; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 4103.155, reading as follows:
4103.155 Permission to Enter Adjoining Premises
(a) For the purpose of performing repairs, alterations or maintenance on the exterior of any dwelling, building or structure, necessary to effect compliance with the provisions of any Ohio statute, OBC, the City's Building or Housing Codes or any other City ordinance, or any lawful rule adopted or order issued pursuant thereto, a property owner or his agent or employee shall obtain the consent to enter the adjoining premises from the owner, agent or occupant of such premises. If consent is granted, the party requesting permission to enter shall preserve and protect from injury at all times and at his own expense such adjoining structure or premises.
(b) Should consent be denied, the party seeking permission to enter the adjoining premises may apply in writing to the Chief Building Official who shall conduct the necessary investigation into the matter, and upon good cause shown, may order the issuance of a permit to enter the adjoining premises. The fee shall be as prescribed in the fee schedule. Such order may be appealed to the Columbus Building Commission by the owner, agent or occupant of the adjoining premises, or by the party seeking permission to enter the adjoining premises, if such permission is denied.
(c) The procedure for appeal under this section shall be as follows:
(1) The appeal shall be in writing and be submitted to the Commission within five regular business days from the date notice is received that a permit has or has not been issued, which notice shall be given by the Chief Building Official to the party seeking to enter the adjoining premises, and to the owner, agent or occupant of such premises.
(2) Upon the filing of an appeal, a hearing shall be held before the Commission, at a time and place fixed by the Commission.
(3) Except in cases of an emergency, the filing of an appeal shall suspend the issuance of a permit to enter the adjoining premises until the appeal is acted upon by the Commission.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period provided by law.