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Home Source documents Opponent Testimony on House Bill 372 — City of Cleveland, Ohio House Commerce and Labor Committee (2022)

Opponent Testimony on House Bill 372 — City of Cleveland, Ohio House Commerce and Labor Committee (2022)

Summary

This is opponent testimony on House Bill 372 to the Ohio House Commerce and Labor Committee by Thomas Vanover, Chief Building Official of the City of Cleveland Department of Building & Housing, on letterhead of Mayor Justin M Bibb. The testimony states that the City of Cleveland Building Department and Local Board of Building Appeals oppose the bill based on feasibility, fairness and impact on due process. It says the board is staffed voluntarily by working professionals and that the bill, by docketing expedited appeals ahead of standard appeals for a larger fee, treats appellants with means more favorably. It says the legislation would force the City of Cleveland to decide whether to continue to hear appeals or surrender that responsibility to the State of Ohio.

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“Opponent Testimony on House Bill 372 — City of Cleveland, Ohio House Commerce and Labor Committee (2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-03-29-commerce-labor-testimony-hb372opclevelandwritten-af29bd04ba/, SHA-256 a337515cbaaccef90e1ac5fcf84d000350ea559c090b1499ef8ebad74e37d492.

Full text

City of Cleveland
Justin M Bibb, Mayor
Department of Building & Housing
601 Lakeside Avenue, Room 510
Cleveland, Ohio 44114-1070
216-664-2282 Fax: 216-664-3590
www.city.cleveland.oh.us


                  Ohio House Commerce and Labor Committee
                               House Bill 372
                                       Opponent Testimony
                                         Thomas Vanover
                                      Chief Building Official
                       City of Cleveland Department of Building & Housing

Chairman Stein, Vice-Chair Johnson, Ranking Member Lepore-Hagan – thank you for the
opportunity to submit written opponent testimony on House Bill 372.

The City of Cleveland Building Department and Local Board of Building Appeals have discussed
the proposed changes in House Bill 372 and oppose it based on feasibility, fairness and impact on
due process.

Local Appeals Boards are staffed voluntarily by working professionals, as required by both state
law and City Charter. This process for an expedited appeal would ultimately require that they be
available five days a week to hear expedited appeals brought within the last four days. As such,
the ability to staff the board becomes considerably more difficult if not impossible given the time
commitment required of members amid their professional work responsibilities.

The legislation as written requires that, for a larger fee, expedited appeals will be docketed in
advance of those submitted as standard appeals. This process is contrary to general principals of
fairness in that those appellants with means are treated more favorably than those without. By
allowing people with greater resources to jump the line, there is a true lack of due process for
those who choose a standard appeal.

The City of Cleveland Local Board of Building Appeals currently hears appeals for local property
maintenance orders, Orders issued by the Municipal Fire Department, Orders issued out of the
Residential Code of Ohio and Orders Issued out of the Ohio Building Code. The scheduling and
docketing of the appeal hearings take considerable time and preparation that would become
challenging if not impossible in this expedited time period. To properly present evidence to the
board, field inspection and record research is required. Expediting these proceedings will create
challenges for Building Department field and office staff and will affect the delivery of service
and complete testimony.

The City of Cleveland Board of Building Appeals is a long-standing institution that has served
the citizenry for several decades. It is a vital mechanism that provides due process and relief to
the public. The pending legislation requiring an expedited appeal process is contrary to that
purpose and places the Board and the AHJ in an untenable position. As a result, this legislation
would force the City of Cleveland to decide whether to continue to hear appeals, or surrender that
responsibility to the State of Ohio.

For reasons of feasibility, fairness and due process, I respectfully request the House Commerce
and Labor Committee oppose House Bill 372 and its passage.
I want to thank each of you for your consideration.


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