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33-79 Amend 1305.52 Housing - enforcement
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33-79 Amend 1305.52 Housing - enforcement
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Last modified
5/14/2013 3:05:11 PM
Creation date
8/21/2003 9:54:02 AM
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Office Of Council
Document Type
Ordinances
Date
8/21/2003
Date Adopted
4/2/1979
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ORDINANCE NO. 34-79 BY: <br /> <br />Brown, Chinnock, Magnotto, <br />McBride, Salmon, Wendling, <br />Brockman <br /> <br /> AN EMERGENCY ORDINANCE to enact new Section 1305.521 of the Housing <br />Code of the Codified Ordinances of the City of Lakewood relating to the repair <br />or demolition of unsafe structures. <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure providing <br />for the usual daily operation of a municipal department; now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, 'STATE oF OHIO: <br /> <br /> Section 1. That the Housing Code of the Codified Ordinances of the <br />City of Lakewood be and the same is hereby supplemented by enacting new Section <br />1305.521 thereof to read as follows: <br /> <br />1305.521 REPAIR OR DEMOLITION OF UNSAFE STRUCTURES. <br /> <br />(a) Nuisance. <br /> <br /> All dwelling structures and appurtenant structures which are a <br />menace to the public health, safety or welfare or which are structurally <br />unsafe, unsanitary, or not provided with adequate safe egress, or which <br />constitute a fire hazard or are otherwise dangerous to human life, or <br />which in relation to existing use constitute a hazard to the public <br />health, safety, or welfare by reason of inadequate maintenance, dilapida- <br />tion, obsolescence, or abandonment are, severally, for the purposes <br />of this section, declared to be unsafe structures or public nuisances. <br />All such unsafe structures or public nuisances are hereby declared <br />to be ~llegal and shall be abated by repair and rehabilitation or by <br />demolition in accordance with the procedures of this section. <br /> <br />(b) Notice of Nuisance and Order to Repa'r or Demolish. <br /> <br /> Whenever the Building Commissioner determines any dwelling <br />structure or appurtenant structure to'de an unsafe structure or <br />public nuisance as defined in Section 1305.521(a), he shall give <br />written notice of the order to repair or demolish to the owner or <br />person in control thereof. <br /> <br />(c) Contents of Notice of Nuisance and Order to Repair or Demolish. <br /> <br /> Said written notice of nuisance and order to repai~ or demolish <br />shall specify the structure deemed to be an unsafe structure or public <br />nuisance, shall specify which section or sections of this Housing Code <br />are being violated, shall include an order to repair defects therein <br />to allow the owner or person in control to make required repairs <br />if said repairs will abate said public nuisance or in the alternative <br />shall include an order to demolish said structure if said public <br />nuisance cannot be abated by repair, and shall specify a reasonable <br />period of time and/or date by which said repairs or demolit, ion shall <br />be completed so as to brin9 said structure into conformity with this <br />Housin9 Code. <br /> <br />(d) Service of Not'ce and Order. <br /> <br /> Proper service of notice shall be by personal service, residence <br />service, or by certified mail; provided, however, that such notice <br />and order shall be deemed to be properly served if a copy thereof is <br />sent by certified mail to the owner s last known address. If any party <br />cannot be located, nor his address ascertained, the notice and order <br />shall be deemed to be properly served if a copy thereof is placed in a <br />conspicuous place 'n or about the dwelling structure affected by such <br />notice and order and a copy of the notice and'order is published in a <br />newspaper of general circulation in this county for a period of three <br />consecutive days. No person shall remove or deface such copy of notice <br />and order so posted without written permission of the Building Commissioner. <br /> <br /> <br />
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