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Placed on first reading and referred to the Rules and Ordi- <br />nances Committee November 7, 2016. Please substitute for the <br />original. Second Reading 11/21/16. <br />ORDINANCE NO. 39-16 BY: Anderson, Bullock, Litten, Marx, <br />Nowlin, O'Leary, O'Malley. <br />AN ORDINANCE amending Chapter 1311, Entering Adjoining Property, of the Codified <br />Ordinances of the City of Lakewood. <br />WHEREAS, Chapter 1311 of the Codified Ordinances, enacted in 1964, stands to be up- <br />dated in order to provide additional due process protections and regulations for both applicants <br />for adjoining - property permits and their neighbors; and <br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised <br />Code, municipalities have the power of local self - government; and <br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised <br />Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort <br />and peace of the citizens of the municipality; now, therefore <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. Chapter 1311, Entering Adjoining Property, of the Lakewood Codified Ordi- <br />nances, currently reading as follows: <br />CHAPTER 1311 <br />Entering Adjoining Property <br />1311.01 Definitions. <br />1311.02 Consent or permit required. <br />1311.03 Application for permit. <br />1311.04 Permit fee; renewal. <br />1311.99 Penalty. <br />1311.01 DEFINITION. <br />As used in this chapter, "person" means any individual, firm, partnership, asso- <br />ciation, corporation or company. <br />1311.02 CONSENT OR PERMIT REQUIRED. <br />No person, being the owner of any real property in the City, or his lessee, tenant <br />or manager, or any person acting for or on his or their behalf, shall prohibit, pre- <br />vent, hinder or obstruct the owner of any adjoining real property, or his lessee, <br />tenant or manager, or any person acting for or on his or their behalf, from enter- <br />ing upon such real property between the hours of 9:00 a.m. and 5:00 p.m. to <br />work therefrom and/or to erect ladders, scaffolding or other similar equipment <br />for the purpose of providing maintenance and/or repairs to such adjoining real <br />property, provided, however, that consent is first obtained by the owner of such <br />