57-79 New chpt 1723 - Sanitary Code - Nursing homes

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ORDINANCE NO. 57-79 BY: McBride, McNally, Salmon, Wendling, Brown, Chinnock AN EMERGENCY ORDINANCE to supplement the Sanitary Code of the Codified Ordinances of the City of Lakewood by enacting new Chapter 1723 of the Sanitary Code relating to nursing homes and rest homes. WHEREAS, a public hearing has recently disclosed serious violations of State regulations governing nursing homes, and WHEREAS, efforts and enforcement techniques of the State Department of Health have failed to remedy the violations of State law, and WHEREAS, local enforcement efforts and local involvement in the investigation and regulation of nursing homes and rest homes is in the best interest of all citizens of Lakewood, and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department and for the immediate preservation of the public safety and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Sanitary Code of the Codified Ordinances of the City of Lakewood be supplemented by enacting new Chapter 1723 of the Sanitary Code which shall read as follows: NURSING HOMES AND REST HOMES 1723.01 Duties of the Commissioner of Health The Commissioner of Health of the Department of Public Safety shall take appropriate action through employees of his Division or such members of the Department of Public Safety as may be assigned to his assistance, to ascertain that all nursing and rest homes as defined in Ohio Revised Code Section 3721.01, within the City are duly licensed and operating in compliance with applicable provisions of law and ordinance. 1723.O2 Prohibited Acts. a)~ No person, firm, association or corporation shall open, conduct, manage or maintain a.nursing and rest home as defined in the Ohio Revised Code Section 3721.01, unless said nursing or rest home is in compliance with all applicable provisions of Chapter 3721 of the Ohio Revised Code. b) No person, firm, association or corporation operating, managing or maintaining a nursing or rest home as defined in the Ohio Revised Code Section 3721.O1 shall obstruct the entrance of any City officer duly authorized to make in- spections of such home or hinder such officer in the per- formance of duty.