39-18 - Eliminating warrantless searches

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Placed on first reading and referred to Hous- ing Committee 9/9/18, second reading 9/17/18). Recommended for adoption 5/6/19. Please substitute for the original. Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader ORDINANCE NO. 39-18 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending various sections of Chapter 1306, Property Maintenance and Safety Code, and Part Eleven, Planning and Zoning Code, of the Codified Ordinances of the City of Lakewood in order to update the code so as to eliminate the threat of warrantless searches from the Code. WHEREAS, various provisions within Chapters 1306 and 1173 of the Code stand to be amended in order to clarify that the City will not penalize persons criminally or administratively for refusing to permit warrantless or non - emergency searches in the inspection of structures; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised 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, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- wood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, because of the advent of litigation across Ohio on the subjects covered herein; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.49, Inspection, of the Codified Ordinances of the City of Lake- wood, currently reading as follows: 1306.49 INSPECTION. (a) The Building Commissioner is hereby authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, occupi- able structures and premises located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants of dwelling units and occupiable structures and of the general public and to determine whether they conform to the provisions of this Code. Such inspections may also be made when- ever the Building Commissioner has reasonable cause to believe that a violation of this Code exists therein or thereon. (b) The Building Commissioner is authorized to revoke the housing license of any property to which the Building Commissioner is denied access to make an inspection. shall be repealed, and new Section 1306.49, Inspection, shall be enacted to read as follows: