39 pets euthanized

Financial difficulties lead to uninhabitable conditions

Parents and children lived in these conditions in Carriage Park subdivision of Solon, Ohio

Credit: Sue Reid, The Solon Times

Ohio State Auditor, Mary Taylor, conducted a special audit of the City of Solon to determine if City of Solon received the quantity and quality of material billed by the contractor for the contracts entered into with Midwest Paving, Chaney Cement Contractors, Inc. (for the extended period of January 1, 2001 through December 31, 2007), and MGL Enterprises, Inc.  This engagement was conducted in accordance with the Quality Standards for Inspections established by the President’s Council on Integrity and Efficiency (January 2005).  The results of the special (cost to the Solon taxpayer $ 165,000) audit were provided to City of Solon Mayor, Susan Drucker.  An extract from Ohio State Auditor’s special audit report follows:

GENERAL CONTRACT NON COMPLIANCE TO OHIO REVISED CODE AND INTERNAL CONTROL RECOMMENDATIONS TO CITY OF SOLON

1. Destruction of Public Records

Ohio Rev. Code Section 149.351 states in pertinent part that “all records are the property of the public office and shall not be removed, destroyed, mutilated, transferred, or otherwise damaged or disposed of, in whole or in part, except as provided by law or under rules adopted by the records commissions provided for under sections 149.38 to 149.42 of the Revised Code…” 1 During the Period, there were construction reports, concrete delivery logs, itemized sheets and drop slips which the City of Solon was unable to provide.  Additionally, the City Council approved an amount to be spent on road improvements for the year and a general list of streets needing repair. The City’s engineering department was unable to provide documents to identify areas designated for replacement or repair, and to support estimates used in bidding documents. Without maintaining complete documentation of work performed, the City of Solon is unable to monitor whether the contractor’s invoices accurately reflect the work completed. Additionally, failure to maintain the annual list of needed street repairs reduces the City’s ability to ensure the required work was completed. We recommend that all documents related to the contracts be maintained. These documents should be used to verify the amounts invoiced by the contractors prior to the City’s payment. Additionally, maintaining the documents will provide a historical timeline of prior projects for the City’s review and evaluation.

2. Bid specifications should include the actual specifications

As part of the audit we reviewed numerous contracts containing bid specifications for eight and ten inch concrete which required mesh reinforcement; however, beginning in 2004, Chaney and MGL used fiber mesh reinforcement instead of the required wire mesh. According to the City’s engineer, John Busch, Chaney and MGL were given verbal permission to use fiber mesh, which is less expensive to install than wire mesh. Mr. Busch stated the City of Solon had been allowing fiber mesh instead of wire mesh on concrete projects for the last three or four years, without updating the contracts or bid sheets, and without notifying all bidders of the change. Mr. Busch further stated that Chaney and MGL were the only two contractors that knew they could use fiber mesh instead of wire mesh. Competitive bidding only works when all competitors have the same specifications for the scope of work. To effectively competitively bid City projects all competitors should have the same specifications for the scope of work. Otherwise, the bids which are received cannot truly be compared to each other in determining the “lowest and most responsible” bidder. Chaney and MGL’s knowledge that fiber mesh could be used instead of wire mesh put other bidders at a disadvantage. This helped Chaney and MGL to submit bids which were lower than their competitors. We recommend the City of Solon update the bid documents to include the actual specifications for the job, and ensure that each bidder has received the same information from the City of Solon regarding the prospective project. The construction reports, concrete delivery logs and itemized sheets were prepared by an on-site inspector either employed by the City or contracted through a private company. Construction reports documented each day’s work. The concrete delivery logs were used on days when concrete was poured to document the amount of concrete delivered. The itemized sheets identified a running total for each bid item. The drop slips were completed by the concrete supplier and documented the location, amount and type of concrete delivered.

3. Monthly invoicing means an estimate once each month

The contract documents state, “The contractor shall submit to the City once each month a certified estimate approved by the engineer for the work performed. Not later than 30 days after the submission, the City of Solon shall make partial payment to the contractor.” In eleven of the contracts reviewed, the contractor failed to submit a certified estimate once each month as required. For one contract, the contractor failed to submit an estimate or invoice for ten months. The failure to submit estimates or invoices in a timely manner increases the risk of billing errors not being detected in a timely manner or difficulty in determining that work billed was actually completed. We recommend the City’s engineer monitor contract invoicing to confirm certified estimates and/or invoices are submitted in accordance with contract requirements.

4. Change orders must be in writing

The City’s Codified Ordinance 234.04 requires all contract amendments to be in writing and also states, “Such amendment shall have the written approval signatures of the Mayor or the authorized head of the department involved, the contractor, and the Director of Finance, and shall be approved as to form by the Director of Law.” Additionally, the standard contract language states, “If changes in the design of any portion of the work or in the requirements of the specifications are deemed necessary by the engineer, he may, in writing, order alterations to or changes in the work.” It further states, “Should the contractor desire to make any alterations in the drawings or specifications, the same shall be submitted in writing to the engineer.” For 16 of the contracts reviewed, the City of Solon either did not complete a change order when required, or failed to thoroughly complete change orders with all required information and signatures. Some of the changes not documented in a formal change order included contractors billing for items which were not part of the original contract specifications. For these items, the lack of a written change order prohibited us from determining whether changes to the contracts were paid in accordance with an agreed upon, established price. The failure to document contract changes and amendments in writing and to obtain the required signatures increases the risk of inadvertently exceeding budgetary restraints and overpayment. We recommend the finance director monitor contract payments and confirm amendments are properly completed prior to payment.

5. Project deadlines have a meaning

Each project included an established completion date. The City’s contracts contain standard language which states, “To secure any extension of time, the contractor must submit a written request to the engineer, citing specific reasons, explanations, and dates.” Additional language states the contractor agrees that the City shall deduct and retain liquidated damages for the non-completion of the work within the times established. The contracts we reviewed identified a completion date and also imposed damages for each calendar day the project was not completed past the designated date. The final day of work performed for 14 of the 28 contracts exceeded the agreed upon completion date. There was no documentation provided by the City of Solon which extended the completion date, nor were liquidated damages assessed against the contractor. The failure to enforce the completion date subjects the City’s residents to longer than necessary inconvenience and gives the contractor an advantage over other bidders for the project as those bidders may calculate their bids based on the completion date established by the City of Solon. The City should monitor contractors so they do not exceed the completion dates. If, through no fault of the contractor, the completion date cannot be attained, the City should document the cause for the delay and identify the new date. However, if the contractor repeatedly exceeds the completion date, the City should consider whether the contractor should be allowed to bid on future contracts. Additionally, we recommend the City either begin enforcing the contract language which provides for liquidated damages for not meeting the completion date, or consider removing that language from the contract documents.

MANAGEMENT COMMENTS TO CITY OF SOLON

1. Contract estimates ($4 concrete) versus Contract billings ($6 concrete)

Midwest, Chaney, and MGL’s bids for the concrete repair programs included two different classes of concrete to be used in varying amounts. Each contract documented the quantity of each type of concrete and its cost. For example, the 2007 contract with Midwest projected Midwest would use 120,000 square feet of concrete priced at $4 per square foot and 2,000 square feet of a different class of concrete priced at $6 per square foot. However, Midwest did not bill the City for any of the $4 concrete, but billed the City of Solon for 104,846 square feet of $6 concrete. Although the quantities of concrete provided in the contract were estimates, the variances between the two classes of concrete which were billed resulted in significant increased cost to the City. In the 2007 contract, the difference between the price estimate and the actual charges for concrete was $137,076. Also, the ability to charge in excess of the engineer’s estimate on certain items, without charging other items, was one of the factors which resulted in the contractor overcharging the City as indicated in the Findings for Recovery identified later in this report. We recommend the City include a more accurate estimate of quantities needed. If, for any reason, the specifications need to be changed, the city engineer should document the required change, the reason for the change, as well as the increase or decrease in estimated cost. These procedures would help ensure all bidders have the same information to submit a well informed bid and also reduce the risk of overcharges to the City.

2. Contract documents must be complete

Contract and bid documents were not entirely completed. Construction reports, concrete delivery logs and itemized sheets were not always accurately and fully completed for the 28 contracts reviewed. These documents did not always identify specific work, depth, measurements and/or square feet of concrete poured. Construction reports, concrete delivery logs and itemized sheets should be completed in their entirety, for use by the City of Solon in verifying prescribed work was completed. Failure to adequately document work being performed and comparing those reports to amounts invoiced resulted in overpayments to the contractor. We recommend all documents related to the contract be complete and accurate with all required information and signatures. This will allow the documents to be compared to the invoices and reduce the risk of paying for work that was not completed.

3. Contract start dates are real

The contractors routinely began performing work on contracts as soon as they became aware of the acceptance of their bid, prior to the contract being signed or the “notice to proceed” order being issued. For projects started prior to the contract or “notice to proceed” date, we discovered drop slips indicating work had begun; yet, inspector reports were not provided. This may indicate that an inspector was not on site, resulting in work being performed which was not documented in a formal construction report. We recommend contractors not begin work until either the contract is signed or the “notice to proceed” is issued by the City of Solon. An inspector should always be present to review the contractor’s work for adherence to contract specifications. The City of Solon should require the contractor to notify the City of the dates it intends to be working, to allow for an inspector to be on site.

4. Invoices must be checked and rechecked

Invoices contained numerous calculation errors and per unit pricing errors. This resulted in overbilling by the contractors and subsequent overpayments by the City. Invoices should be reviewed for correct unit pricing and recalculated to ascertain correct billing. Items which are “lump sum” pricing should be tracked to determine the payment does not exceed the contract approved amount. Contract items which have “allowances” requiring supporting receipts should have a copy of the receipt attached prior to payment. These procedures would enhance control over disbursements and reduce the risk of overpayments to contractors.

5. Emergency repair prices should not be without limits

During the Period, emergency repairs were not bid. According to John Busch, it was the City’s practice to use the contractor that was in the City doing the annual concrete program to do emergency repairs. Domonic Bisesi would identify the emergencies and then have the contractor perform the work. Mr. Busch also stated that the cost of repairs was not discussed or approved prior to the contractor performing the work. During an interview with Marco Leone, he indicated that if the work was an emergency, he had full discretion to charge any fees which he established. For example, during the performance of the 2006 Concrete Repair Program, one street received emergency repair work which was charged to the City for $45,000. Had this repair been paid according to the established prices in the 2006 Concrete Repair Program contract, it would have cost $9,500. However, since the emergency repairs were not bid and the contractor could establish his own price, the City paid $35,500 more than they would have been charged, had the emergency been paid from the annual contract price. In 2008 the City accepted bids for an annual contract for emergency repair work. By doing so, the emergency work will no longer automatically default to the contractor performing the City’s annual concrete program. We recommend the City ensure that emergency work includes only true emergencies, and that prices for emergency work are agreed upon in writing and in advance of the performance of work.

6. Unbalanced bids

The City received five bids for the 2002 Concrete Repair Program. Chaney was originally the second lowest bidder on this contract. The lowest bidder included two items on its bid sheet that were bid well below the cost of materials to complete the work. These same two items were also bid below cost in the prior year’s contract, which was awarded to Chaney. According to the United States Department of Transportation (USDOT), Office of Program Administration, “A mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question.” In an interview, Sally Reemsnyder, former director of engineering, said the unbalanced bid for the 2002 Concrete Repair Program was brought to her attention by Domonic Bisesi. She stated that Mr. Bisesi did not identify Chaney’s 2001 bid as being unbalanced, which is why the 2001 contract was approved for Chaney. As a result of Mr. Bisesi notifying Ms. Reemsnyder of the 2002 lowest bidder’s unbalanced bid, Ms. Reemsnyder rejected the original bids and held a second bid opening. This time, Chaney was the lowest bidder and was awarded the contract. The 2001 Concrete Repair Program contract was awarded to Chaney with an unbalanced bid. Because no one at the City identified the bid as unbalanced, Chaney received the contract at an unfair advantage over the other bidders. We recommend the City perform a detailed review of all bid documents to ensure the lowest bidder is not submitting an unbalanced bid. USDOT recommends that bids be analyzed by considering whether the bid is mathematically unbalanced and the effect the unbalanced bid items have on the total contract amount. Bids should also be evaluated for reasonable conformance with the engineer’s estimate.

Download the report from Ohio State Auditor Mary Taylor  Solon_City_of_01-07_Special_Cuyahoga

One rotten apple spoils the whole barrel

Construction traffic sign

City of Solon installed 25 MPH regulatory speed limit signs to replace 35 MPH posted speed limit signs in a construction zone on Bainbridge Road.  Ohio Department of Transporation advised the City that the change cannot be made without a formal study.  Obviously, the City’s study could not justify the installation of 25MPH sign on the arterial Bainbridge Road and the 25 MPH speed limit signs had to be removed.

Signature of Solon Golf Community Subdivision

A Signature of Solon resident approached City of Solon Planning Commission and stated that she believes there have been builders in the Signature of Solon neighborhood who have built homes and rented them prior to obtaining an occupancy permit.  Additionally, many Signature of Solon model homes were built but not sold and have become rental properties.  Many of these Signature of Solon rental homes are neglected and improperly maintained which is damaging to the Signature of Solon community. This resident was concerned that the appearance of some of the homes will affect overall resale in the Signature of Solon neighborhood.

It appears that due to  the economic downturn, builders and homeowners associated with some  Signature of Solon properties are renting homes out of necessity rather than facing foreclosure.  There have been some foreclosure filings on properties located on Royal Portrush Drive, Capilano Drive, Vahalla Drive, Bellerive Drive, Merion Court, Prairie Dunes Court, Sotograde Court in Signature of Solon.

Foreclosure decreases the property value by 28% (Campbell, John Y., Stefano Giglio, and Parag Pathak. 2009. “Forced Sales and House Prices.” NBER Working Paper 14866).  Some builders are facing property foreclosures because lenders have become conservative by cutting their line of credit.  Common sense lending standards mean that lenders expect builders to have their own skin in the game.

Home-equity loans and lines of credit are second mortgages.  Second mortgages are made after a primary mortgage is in place.  If a homeowner defaults, the proceeds of the home’s sale go first to the lender that holds the primary mortgage.  The second-mortgage holder gets whatever is left after the primary mortgage is satisfied.  Lenders are rightly shying away from secondary mortgages and rental occupancy permits will not loosen the line of credit leash.

Signature of Solon does allow home rentals, however,  a deed restriction stipulates that home must be owner-occupied for the first year to ensure that landscape work and proper maintenance is completed.  However, Signature of Solon does not request the tenant’s name.  Chagrin Highlands subdivision in northeast Solon also has a deed restriction similar to Signature of Solon.

A deed is the legal document that transfers ownership of real estate.  It contains the names of the old and new owners and a legal description of the property etc.  The deed is signed by the property owner.  Deed restrictions place limitations on the use of the property by the property developer.  It is my belief that some property owners may use a bypass  to get around a deed restriction.

Click It Or Ticket campaign near Solon Recreation Center

The Three E’s of Traffic Safety

1. Public Education
2. Law Enforcement
3. Traffic Engineering

Road sense is the offspring of courtesy and the parent of safety.  On the eve of Memorial Day, officers of Solon Police Department were observed handing out educational materials related to NHTSA funded Click It or Ticket campaign at the three way stop intersection near Solon Recreation Center.   Officers were approaching passing motorists ahead of stop signs and reminding them that law enforcement officers will be out enforcing the seat belt laws during the long weekend.  It was emphasized in the flier that wearing a seat belt cuts the chances of death or serious injury in half  in a traffic crash.  This is an intersection where visibility is excellent and its not uncommon to see motorists failing to come to a complete stop at the stop signs; traffic enforcement is occasionally done by Solon Police Department here.

In 2007, there were over 600 fatalities in Ohio in which the driver or passengers were not wearing their seat belt.  

The word geosynthetic is used to refer to any synthetic material used in geotechnical engineering.  A geogrid is defined as a geosynthetic material consisting of connected parallel sets of tensile ribs with apertures of sufficient size to allow strike-through of surrounding soil, stone, or other geotechnical material.

Functions of a Geogrid

The primary function of geogrids used in road construction is reinforcement, in which the geogrid  improves the engineering properties of the road.  Its secondary and limited function is separation.

Uses of a Geogrid

The three primary uses of a geogrid in road construction are to

1. serve as a construction aid over soft sub- grades,
2. improve or extend the pavement’s projected service life, and
3. reduce the structural cross section for a given service life.

Kenmore Construction installs Tensar International's Biaxial Geogrid BX1200 in Solon, Ohio

Tensar International Corporation’s BX1200 is an integrally formed Biaxial Geogrid made of polypropylene and is primarily deployed for base reinforcement and subgrade improvement.  It is delivered to the jobsite in roll form with each roll individually identified and nominally measuring 3 meters (9.8 feet) or 4 meters (13.1 feet) in width and 50 meters (164 feet) in length.

Thornbury and Preserve of Solon Ohio

It dates back to September 2007, when Cuyahoga County prosecutor, Bill Mason’s office did a press release about four morgage fraud cases in Solon.   These cases involved the following Solon properties:

1. 35895 Sedge Circle in Preserve Subdivision, Solon
2. 6749 Winston Lane in Thornbury Subdivision, Solon
3. 35532 Nightshade Lane in Preserve Subdivision, Solon
4. 38710 Flanders Drive in Thornbury Subdivision, Solon

Recently, Thornbury subdivision residents spoke in support of the proposed Rental Occupancy Permit before Solon’s Planning Commission.  The residents cited their observations and experiences with 38710 Flanders Drive before the commission. 

As a background for 38710 Flanders Drive, Bill Mason’s press release states that,

Ogbonnaya Edeh, 49, of Cleveland, fraudulently obtained an $850,000 loan from New Century Mortgage Company for 38710 Flanders Drive.  He never made a down payment, never saw the inside of the house before the purchase, and never lived in it.  Edeh was employed as a local cab driver, but he falsely stated he made $150,000 as a structural engineer for Classic Tango Engineering, and Phillip Taylor, the owner of that company, falsely verified Edeh’s employment and income.  Edeh received $31,000 for this scam.  Brian Chenoweth, president of Widdershin One, Inc., and Ike Osuji, a middle man, who posed as a buyer, were also indicted for their involvement in this scheme.  Edeh was a “straw buyer” in this scheme that involved other individuals, including Stephen Holman and Jeffrey Brown of Buckeye Lending, Inc. After Edeh purchased this house, Holman and Brown leased the home to a tenant, who signed the lease with Brown’s company, Marketing Land and Concrete, LLC.  That tenant made rent payments that were intended to pay the new mortgage and these payments counted toward buying the home.  However, the tenant he lost his $6,000 initial down payment and $22,600 in lease payments before realizing it was a scam.  Neither Brown nor Holman used these payments to pay the mortgage obligation to New Century.  Each defendant was indicted on several theft and forgery related charges, which range in prison time from one to five years.  The house is now in foreclosure.

Cuyahoga County Auditor’s records indicate that this property is in the name of Ogbonnaya Edeh and the taxes are being paid.  The residents indicated that according to two Solon Police Department officers this property may have been used as a meth lab.  Automobiles with license plates from several states including New Mexico were observed at this property.  Loading and unloading of large plastic containers was observed by the residents.  The residents felt that this 5 bedroom, 3 bathroom, 4900 square feet, 3 garage residential property was being used by four individual groups as a “hotel”.  Thornbury subdivision is zoned as R-1-D (Single Family, 1 Acre).

A report by Jeff Maynor titled, Solon Police investigate teen sex incidents, is an eye opener to the Solon community and the parents who have children in Solon Schools because it involves teenagers, presumably students in Solon Schools, engaging in sex at the Solon Public Library, Solon Community Center and Solon High School.  Solon Police Department and Cuyahoga County Juvenile Court are handling these pattern of incidents.

One teenage girl says she was raped in the family restroom at the Solon Public Library.

Another says she had sex with a boy at the Solon Community Center because he wouldn’t stop “texting” her, asking for sex.

Another girl says she had sex with two boys outside in the parking lot during a wrestling tournament at Solon High School, but refused two other boys and texted her friends inside, asking them to call her so she could leave the group.  All three recent incidents are under investigation by the Solon Police department and the juvenile court.  The library incident is reported as a rape with threat of force.  The other two were reported as sexual batteries.

Solon High School just completed special coursework called “Expect Respect,” aimed at teaching students to avoid abusive relationships.  ”We want to give them the tools they can use in dialogue with each other when they’re in social situations like that.  It helps them along the way to make correct decisions,” said Solon Schools spokeswoman Tammy Strom.  At the library, they now keep the family restrooms locked.  A key is available at the checkout desk.

In the latest unusual incident, a teenage boy and girl were caught in a sexual act in a stall in a boy’s restroom at Solon High School.  They are charged with disorderly conduct.

Assured Clear Distance

According to Ohio Revised Code- Title [45] XLV MOTOR VEHICLES – AERONAUTICS – WATERCRAFT-Chapter 4511: TRAFFIC LAWS – OPERATION OF MOTOR VEHICLES-4511.21 Speed limits – assured clear distance. (A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the

1. traffic,
2. surface, and
3. width of the street or highway and
4. any other conditions,

and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.

A high number of accidents occurred at the two eastbound exit ramps (SOM Center and Harper Road) of US Route 422 in City of Solon.  City of Solon is not authorized to install signs on the US Route.  Hence, City of Solon worked with Ohio Department of Transportation to design a new yellow HIGH CRASH LOCATION-FOLLOWING TOO CLOSE warning sign for the traffic study.  This was a non-conforming traffic sign that was approved by Ohio Department of Transportation for the purpose of the traffic study.  The study ran for 18 months.

non MUTCD compliant traffic sign in Solon Ohio

At the toe of the ramp, some motorists at the rear were looking to the left and moving with less than assured clear distance, before the motorist in the front had moved on, resulting in rear end collissions. The severity of the vehicular damage due to the traffic crashes was not great but City of Solon Police Department staff was being called to the traffic crash location to process the traffic crashes and this took the Police Department’s time away from addressing other higher priority functions.  Traffic congestion on the two lane ramps can lead to very unsafe conditions for the backed up vehicles on eastbound Route 422.

Prior to informational warning signs being posted:

11-17-06 thru 5-17-07

US422 eastbound exit ramp at SOM Center – 19
US422 eastbound exit ramp at Harper Rd. – 14

5-17-07 thru 11-17-07

US422 eastbound exit ramp at SOM Center – 13
US422 eastbound exit ramp at Harper Rd. – 6

11-17-07 thru 5-17-08

US422 eastbound exit ramp at SOM Center – 20
US422 eastbound exit ramp at Harper – 7

After informational warning signs are posted:

5-17-08 thru 11-17-08

US422 eastbound exit ramp at SOM Center – 14
US422 eastbound exit ramp at Harper Rd. – 13

11-17-08 thru 5-17-09

US422 eastbound exit ramp at SOM Center – 14
US422 eastbound exit ramp at Harper Rd. – 5

5-17-09 thru 11-17-09

US422 eastbound exit ramp at SOM Center – 22
US422 eastbound exit ramp at Harper Rd. – 16

The traffic crash data from the informal study obtained from City of Solon Police Department Assistant Chief Raymond Tittl indicates that 52 crashes occurred prior to the posting of the informational warning signs and 50 crashes after.  Ohio Department of Transporation ruled that since the signs were non-conforming they should be removed.  The signs were removed.

I believe the signs were a fine example of cooperation between City of Solon and Ohio Department of Transportation.  The signs performed their function and it was the inattentive motorists that contributed to the disappointing quantitative results.  From a qualitative perspective, the low cost informational warning signs were probably a success and they should not have been removed.  We don’t live in the Garden of Eden; Ohio Department of Transportation’s take on the non-conforming sign is rational.

Christmas 2009

Something is not right when people have to informed through a sign that Christmas is about Jesus Christ and not shopping.

Municipal zoning or other rules may permit installation of non commercial opinion signs if the signs meet the size, color, location and other prescribed criteria.  These yard signs are a tribute to our First Amendment.

However, some yard signs or commercial electronic message boards, in particular, that are becoming too common on higher speed roadways, are likely to be cause of distraction to some iPhone slinging motorists and may lead to traffic crashes.

Related Post: Unhappy with Kathleen Falk and Wisconsin Department of Transportation

Solon Fire Department in action

Solon Ohio

City of Solon is working on amending its zoning code to include a workmanlike manner provision.  According to Robert Frankland, City of Solon Planning Director, the current edition of the Ohio Building Code does not require that construction projects be built at a minimum level of quality and appearance.   While Ohio Building Code does require that the structures be sound, it does not require them to be built in a workmanlike manner.

As an example Robert Frankland displayed a picture of a perimeter fence in Councilman Stolarsky’s ward that was not built in a workmanlike manner.  The fence had several horizontal and vertical panels which were not parallel.

The proposed amendment to Chapter 1261 of Solon Zoning Code will define workmanlike as executed in a skilled manner; e.g. generally plumb, leve, square, in line, flush, free from damaged or inconsistent materials, and without marring adjacent work.

The proposed amendment to Section 1288.02-Item 9 of Solon Zoning Code (Prohibition of Specific Property Conditions) will provide that construction should be performed in a quality workmanlike manner and shall not pose to health or safety threat, nuisance, or a diminution of property values in the area in which said structure is located due to the use of substandard construction methods, materials, or finishes as determined by the Chief Building Official of the City of Solon.

If these zoning code amendments are approved by Solon City Council, they may mean that failure to perform in a workmanlike manner may breach applicable regulations – even when there is no written contract ?  These amendments may not make the contractor responsible for every building quality issue.  The complaining party may have to provide evidence to define the standard of care and skill that would be exercised by and expected of a skilled contractor performing the same construction as the non-performing contractor.  The evidence could then show that the non-performing contractor failed to meet the defined construction industry standards.