38-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department

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(d) Whenever a person applies for a building permit for a Structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use,the Building Commissioner is authorized to withhold the issuance of requested permit(s)until such time that the property is brought into conformance with applicable ordinances. (e) Stop Work Order (l) The Building Commissioner may issue an order requiring suspension of the pertinent Construction(stop-work order) in accordance with this section.A stop-work order may also take the form of a cease and desist order. i. The stop work order shall: I. Be in writing. 2. State with specificity the Construction to which it is applicable and the reason for its issuance. 3. Be posted on the property in a conspicuous place. 4. Identify the specific law,order,or interpretation upon which the finding of noncompliance is based,specifying the edition,chapter,and section of any applicable building or fire codes. 5. The stop-work order shall state the conditions under which Construction may be resumed. ii. If practicable,the stop work order shall be given to: I. The person doing the Construction; and 2. To the owner of the property or the owner's agent. iii. The Building Commissioner may issue a stop-work order if: 1. Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this Ordinance or any state or federal law pertaining to safety during Construction. 2. Construction is occurring in violation of this Ordinance or in such a manner that if Construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation. 3. Construction for which a building permit is required is proceeding without a building permit being in force. The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this ordinance.(Ord. No. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27- 07) (a) The Mayor shall appoint a Building Commissioner, who shall hold at least a bachelor's degree in architecture, mechanical, civil, electrical, or structural engineering from an accredited college or university or shall have at least ten(10)years' progressively responsible experience and a thorough knowledge of the codes adopted by reference by this chapter. The Building Commissioner must obtain a Certified Building Official certification by the International Code Council within two(2)years of appointment. (b) In addition to other duties as assigned, and unless prevented from doing so by any federal, state, or local law, the Building Commissioner shall: (1) Issue or deny all permits from the Department, after review of applications, plans, diagrams, and other documents required by the Department to determine compliance with and enforcement of this chapter. Page I of 42