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RESOLUTION NO.
<br />
<br />6410-89 BY:
<br />
<br />Chinnock, Gallagher, Gazzana,
<br />George, Graham, Wendling
<br />
<br /> AN EMERGENCY RESOLUTION confirming the order of the Board of
<br />Building Standards/Architectural Board of Review dated September 11,
<br />1989, relative to property located at 1583 Elmwood Avenue, Lakewood,
<br />Ohio, (Permanent Parcel No. 314-02-038) and notifying the property
<br />owner of the action to be taken by this municipality if compliance is
<br />not accomplished.
<br />
<br /> WHEREAS, the Board of Building Standards/Architectural Board of
<br />Review, pursuant to City ordinances in compliance with same, after
<br />public notice and hearing, has determined that the structure at 1583
<br />Elmwood Avenue is an unsafe structure pursuant to the Codified Ordi-
<br />nances of the City of Lakewood, and
<br />
<br /> WHEREAS, the Board, after proper hearing of all the evidence,
<br />recommends action under Section 1305.521 of the Codified Ordinances of
<br />the City of Lakewood, and
<br />
<br /> WHEREAS, such action is in the interest of the community and
<br />constitutes an emergency measure to protect the health, safety and
<br />welfare of our citizens; now, therefore,
<br />
<br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That the decision of the Board of Building
<br />Standards/Architectural Board of Review dated September 11, 1989,
<br />relative to the property located at 1583 Elmwood Avenue, Lakewood,
<br />Ohio (Permanent Parcel No. 314-02-038) and reading as set forth below
<br />is hereby confirmed by this Council.
<br />
<br />"The Board finds that this structure is unsafe and is a
<br />public nuisance according to the standards in 1305.521
<br />(i)(1)(E) - those which have become or are so dilapidated,
<br />decayed, unsafe, unsanitary or which so utterly fail to
<br />provide the amenities essential to decent living that they
<br />are unfit for human habitation, or are likely to cause
<br />sickness or disease, so as to work injury to the health,
<br />morals, safety or general welfare of the occupants thereof;
<br />(i)(1)(F) - those having light, air and sanitation facili-
<br />ties which are inadequate to protect the health, morals,
<br />safety or general welfare of human beings who live or may
<br />live therein; (i)(1)(I) - those which because of their
<br />condition are unsafe, unsanitary or dangerous to the health,
<br />morals, safety or general welfare of the people; and
<br />(i)(1)(J) - those buildings existing in violation of any
<br />provision of this Housing Code or other ordinances of the
<br />City. In light of the uncontested testimonies of Messrs.
<br />Hearn, Hunt, and Moran and in light that the unsafe situa-
<br />tion is unlikely to be abated even after extensive cleaning
<br />and repair, the Board recommends to City Council that 1583
<br />Elmwood Avenue should be demolished." (A copy of the
<br />minutes of the public hearing and decision of the Board is
<br />attached hereto and incorporated by reference herein.)
<br />
<br /> Section 2. That by receipt of this Resolution, the property
<br />owner and o~her parties with an interest in the property as set forth
<br />in the findings of the Board of Building Standards/Architectural Board
<br />of review, are hereby notified to'comply with the decision and order
<br />of the Board of Building Standards/Architectural Board of Review as
<br />confirmed by this Council. The property owners' and affected
<br />individuals are hereby notified by receipt of this resolution that if
<br />they fail, neglect or refuse to comply with this order within 45 days
<br />of service, to cause the demolition of the structure pursuant to
<br />Section 1305.521 (k) of the Codified Ordinances of the City of
<br />Lakewood, the Building Commissioner is hereby authorized and directed
<br />to advertise for bids and/or enter into a contract or contracts with
<br />the lowest and best bidder or bidders after advertisement according to
<br />law for demolition of said structure, and the City, acting through the
<br />Building Commissioner, shall cause said structure to be demolished in
<br />accordance with the decision and order of the Board as confirmed by
<br />this Council.
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