33-79 Amend 1305.52 Housing - enforcement

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ORDINANCE NO. 33-79 BY: Brockman, Brown, Chinnock, Magnotto, McBride, Salmon Wendling AN EMERGENCY ORDINANCE to amend Section 1305.52 of the Housing Code of the Codified Ordinances of the City of Lakewood relating to enforcement of said Code. WHEREAS, this Ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 1305.52 of the Housing Code of the Codified Ordinances of the City of Lakewood now reading as follows: 1305.52 ENFORCEMENT. (a) Notice of Violation. (1) Whenever the Building Commissioner finds any dwelling structure or premises, or any part thereof, to be in violation of the provisions of this Code, the Building Commissioner shall give or cause to be given or mailed to the owner or operator of such structure or premises a written notice stating the violations therein. Such notice shall order the owner or operator within a stated reasonable time to repair, improve or demolish the structure or premises concerned. Such delivery or mailing shall be deemed legal service of notice. (2) If the person to whom a notice of violation is addressed cannot be found within~Cuyahoga County after reasonable and dili- gent search, then notice may be sent by certified mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice. (3) Notwithstanding the requirement of notice provided herein, when in the opinion of the Building Commissioner the condition of a structure or premises or part thereof, constitutes an immediate hazard to human life or health or which is unfit for human habitation, or when a prior violation notice has been sent to the owner or operator for the same or similar violation, then no notice of violation need be given to the owner or operator of such building. (b) Noncompliance with Notice. (1) Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Building Commissioner, the Building Commissioner may issue a notice to such owner, agent, occupant or operator ordering the structure or premises, or part thereof, to be vacated, or he may advise the Director of Law of the circumstances and re- quest the Director of Law to institute an appropriate action at law to compel compliance, or both. Such notice shall be delivered, mailed or posted in the same manner as provided in subsection (a)(2) hereof. (2) Whenever the owner, agent, operator or occupant of a structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Building Commissioner, the Building Commissioner shall enforce the orders of such notice of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of such notice.