25-12 Amend 510.01, Declaration of Nuisance & 510.04, Board of Nuisance Appeals

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Placed on first reading and referred to the Public Safety Committee 2/21/12, second reading 3/5/12; please substitute for the original. ORDINANCE N0.25-12 BY: Anderson, Bullock, duris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE amending Sections 510.01, Declaration of Nuisances, and 510.04, Board of Nuisance Abatement Appeals, of the Codified Ordinances of the City of Lakewood for the purpose of imposing actual, not predefined, costs of nuisance abatement and revising the hearing schedule of the appeals board. WHEREAS, Chapter 510 stands to be revised by imposing actual, not predefined, costs of nuisance abatement upon affected parties, b~fixing a time limit within which to request re- consideration and by giving more flexibility to the Board of Nuisance Abatement Appeals in scheduling appeal hearings; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio perrttits mu- nicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Section 510.01, Declaration of Nuisances, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 510.01 DECLARATION OF NUISANCES. (a) Definition of Nuisance Activity. The following activities occurring ei- ther on residentiat or commercial property, or within one thousand (1,000) feet of the property line of said residential or commercial prop- erty, and engaged in by an owner, or the owner's agent, or the otimer's lessee, occupant, invitee or the person or entity in charge of said resi- dential or commercial property (including individual aparhnent and condominium units) are hereby declared to be public nuisances: (1) Any animal violations under Sections 505.02 (dogs running at large), 505.13, 505.15 and 505.20 (animal noise, excrement and biting), 505.18 or Chapter 506 (dangerous or vicious animals), 505.07 (killing or injuring animals), 505.09 (cruelty to animals) of the Codified Ordinances; (2) Any disorderly conduct disturbance of the peace or other violation of Chapter 509 of the Codified Ordinances; (3) Any dnig abuse violation under Chapter 513 of the Codified Ordi- nances;