36-12 Amend 1306.44, License Application Form and Fee - vacant prop

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PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 7/2/12. ORDINANCE NO. 36-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect inunediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, amending Section 1306.44, License Application Form and Fee, of the Codified Ordinances of the City of Lakewood for the purpose of updating vacant property license re- quirements. WHEREAS, the City of Lakewood has in place a license program for the management of vacant properties codified within Chapter 1306 of the Codified Ordinances; and WHEREAS, it is necessary and appropriate to amend Section 1306.44 in order to exempt the owners of vacant properties actively being marketed for sale from the requirement that they certify that the electricity to those properties has been disconnected at the pole and other utilities have been shut off; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revisr;d Code municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five members thereof determines that this ordinance is an emergency measure, that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the inunediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that vacant license ap- plications are due as soon as a property becomes vacant; now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OI-IIO: Section 1. That Section 1306.44, License Application Form and Fee, of the Lakewood `Codified Ordinances, currently reading as follows: 1306.44 LICENSE APPLICATION FORM AND FEE. (a) In General. An applicant for a housing or vacant property license shall: (I) Submit to the Building Commissioner or his or her designee (as used iu this section, "Building Conunissioiei") an application on a form pre- scribed by the Building Commissioner; and (2) Except as provided for in division (a)(3) of this section, in the case of an application for a housing license, certify that the applicant or an agent of the applicant has canplied with at least tavo of the following requirements if the applicant has not had a housing license declared mill and void pursuant to Section 1306.48: