45-82 Declare 15608 Lake a nuisance - demolish

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ORDINANCE NO. 45-82 BY: Brown, Chinnock, Galla§her, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE declaring the single ~amily residence located at 15608 Lake Avenue, Lakewood, Ohio, a public nuisance and ~n such condition as to constitute a danger to the health, safety, and'w~lfare of the people, particularly the residents of the surrounding neighborhoo~~ and authorizing the Building Commissioner to cause said structure to be demolished. WHEREAS, over a period of years the owner and occupant of the single family dwelling located at 15605 Lake Avenue, Lakewood, Ohio, has permitted the condition of said residence to become unsafe, unsanitary, and dangerous to the health, safety and general welfare of the occupants and to persons residing in the immediate neighborhood, and WHEREAS, on or about August 22, 1980, the City of Lakewood filed a Complaint for Injunctive Relief against the person in control of and occupant of the structure located at 15608 Lake Avenue, Lakewood, Ohio, being Case #016665 Common Pleas Court of Cuyahoga County, and WHEREAS, on or about September 10, Cuyahoga County determined that the condition dangerous to the health, safety, and general residence and to those persons rightfully using 1980, the Common Pleas CouFt of of said premises was imminently welfare of the occupant of said surroundj, ng properties, and WHEREAS, subsequent to the death of the owner of said premises, the heirs of the decedent and co-executors of the estate of the decedent did on or about September 12, 1980, file a motion in the aforementioned matter pending in the Common Pleas Court of Cuyahoga County requesting authority to proceed to make the necessary repairs to the residence situated at 15608 Lake Avenue, Lakewood, Ohio, so as to eliminate all violations of the Building and Health Codes of the City of Lakewood and to take possession of said real property and assume responsibility therefore, and WHEREAS, pursuant to said request, the Court ordered that the movants have thirty days to decide whether to sell said real estate or to repair same with temporary repairs to be made within the thirty day period and the City relieved of all responsibility, custody, control and security of said premises, and WHEREAS, since the time of the order of the Court, no heirs of the deceased owner of the premises nor the appointed fiduciaries of the estate, nor the representatives thereof, have taken any steps whatsoever to cause any repairs to be made to the single family residence situated on the premises, nor to demolish said building and that the residence has continued to deteriorate since that time, and WHEREAS, as a result of numerous complaints from residents of the immediate neighborhood, the City conducted an investigation of the condition of the premises at the present time, which inspection disclosed that the residence in question continues to be a public nuisance and is in such condition as to make it imminently dangerous co the health, safety, and general welfare of the residents of the immediate vicinity and should be demolished without further delay, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety, and welfare, and for the usual daily operation of a municipal department; ~lOW, therefore, BE iT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That this Council determines that the single family residence situated at 15608 Lake Avenue, Lakewood, Ohio, is a public nuisance and is in such condition as to make it imminently dangerous to the health, safety, and welfare of 'the residents of the immediate neighborhood and that said residence should be demolished and the nuisance abated without delay.