39-09 Repeal 1306.521 Repair of Demo of Unsafe Structures

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Placed on ist reading & referred to the Housing Committee 4/6/09, 2"d reading & referred to the Committee of the Whole 4/20/09 ORDINANCE N0. 39-09 BY: Antonio, Bullock, Butler, Madigan, Powers, Summers. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shaii take effect and be in force after the earliest period allowed by law, repealing Lakewood Codified Ordinance-§1306.521, Repair or Demolition of Unsafe Structures. WHEREAS, new Section 1306.521, Repair or Demolition of Unsafe Structures has been proposed simultaneously with this legislation; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that changes need to be made to the existing Repair or Demolition of Unsafe Structures need to be effective immediately to ensure the enforceability of this provision. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That Lakewood Codified Ordinance §1306.521,Repair or Demolition of Unsafe Structures currently reading as follows: 1306.521 REPAIR OR DEMOLITION OF UNSAFE STRUCTURES. (a) Nuisance. All dwelling structures, occupiable structures and appurtenant structures which are a menace to the public health, safety or welfare or which are structurally unsafe or unsanitary, or are not provided with adequate safe egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which ih relation to existing use constitute a hazard to the public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally, for the purposes of this section, declared to be unsafe structures or public nuisances. All such unsafe structures are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this section. (b) Notice of Nuisarce and Order to Repair or Demolish. Whenever the Building Commissioner determines any dwelling structure, occupiable structure or appurtenant structure to be an unsafe structure or public nuisance as defined in