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PLEASE SUBSTITUTE FOR ORDINANCE
<br />N0. 59-OS PLACED ON 1ST READING
<br />AND REFERRED TO THE RULES &
<br />ORDINANCES CMTE 5/19/08, 2nd 6/2/08, Deferred 7/7/08.
<br />ORDINANCE NO. 59-OS By~ Antonio, Bullock, Butler,
<br />Dever, Madigan, Powers, Summers.
<br />AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to
<br />Council otherwise, it shall take effect and bein force after the earliest period allowed bylaw to amend the Sanitary Code of the Codified
<br />Ordinances of the City of Lakewood for the purpose of retaining jurisdiction for enforcement of violations where the Cuyahoga County
<br />Deparhnent of Health does no[ havejurisdiction.
<br />WHEREAS, most functions of the Lakewood Health Department were taken over by the Cuyahoga County Department of
<br />Health on May 1, 2008; and
<br />WHEREAS, the Cuyahoga County Department of Health does not havejurisdiction to enforce local provisions contained in
<br />[he Sanitary Code ofthe City ofhakewood; and
<br />WHEREAS, amendments are necessary to the Sanitary Code in order to.ensure that the CiTy of Lakewood retainsjurisdiclion
<br />to enforce matters of a local concern; and
<br />WHEREAS, tltis Council by a vote of et least five members elected [hereto determines that this ordinance is an emergency
<br />measure, and that this ordinance shall take effect at the earliest date possible as set forth iv ARTICLE IR, SECTIONS 10 and 72 of the
<br />SECOND AMENDED CHARTER OF THE CITY OP LAKEWOOD, and that it is necessary to provide for the usual daily operation of
<br />the CiTy in that in the interest of public, service, welfare and safeTy, it is necessary to maintain continuous enforcement of the Sanitary
<br />Code within the CiTy ofLakewood. Now, therefore,
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OH[O~
<br />Section 1 That Part 17, Sanitary Code of the Codified Ordinances of the City of Lakewood, cursently reading as
<br />followsr
<br />CHAPTER 1701
<br />Administration and Enforcement
<br />1701.01 SANITARY CODE IDENTIFIED.
<br />Sections 1701.01 to 1793 99 of these Codified Ordinances shall be known as the Sanitary Code of the City and may be
<br />separately printed and distributed.
<br />1701.02 ENFORCEMENT.
<br />The Mayor and any officer or employee of the Division of Public Health designated for that puryose by the Mayor are hereby
<br />charged with the enforcement of this Sanitary Code.
<br />1701.03 NOTICE REQUHiEMENTS.
<br />A notice served on the owner or agent of any property, or left at the residence of any owner or agent, or if, after due search,
<br />neither can be found, or both reside out of the City, posted on the front door, wall or fence of such property, and an adveNsement
<br />inserted for one week in a newspaper of general circulation in the City, shall be wnsidered sufficient and ample service. The cost of such
<br />advertisement shall be assessed and collected the same as any other tax in favor of the City or may be added to the cost or damages of
<br />suif when suoh suit is brought
<br />1701.04 INSPECTION FOR PROHIDTTED ITEMS; EVIDENCE OF SALE.
<br />No butcher, milk dealer, grocer, fruit dealer or other person dealing in any substance or material used for human food shall
<br />refuse to allow any person authorized by [fie Chief of Police or the Commissioner of Health m fully inspect any and all such substances
<br />or materials held, offereA or intended for sale, nor refuse to answer all reasonable and proper questions asked by such person or persons
<br />relative to the conditions thereof, the place where such substances and materials may be and by whom produced. The fact of such
<br />substances or materials being found in the possession or on the premises of any aforesaid dealer shall be sufficient evidence that such
<br />substances or materials are held for sale.
<br />1701.05 POWERS OF HEALTH OFFICERS. (REPEALED)
<br />1701.055 SPECIAL POLICE OFFICERS.
<br />(a) The Mayor is hereby authorized to commission the Division of Health Sanitation Officers, the Litter Control Officer
<br />and the Animal Warden as special police officers,
<br />(b) The following rules shall apply to such special police offieers and their commissioning.
<br />(I) The special police officers shall receive no additional compensation for their duties as such.
<br />(2) The epeeial police officers shall not be on the classified list of the Police Division or eligible for
<br />participation in the Police Pension Fund.
<br />(3) The special police officers shall have the powers to issue misdemeanor citations and/or complaints and
<br />order the abatement of nuisances in the axeroise aM performance of their dories as sat forth iv this Sanitary
<br />Code, the General Offenses Code and other similar ordinances, statutes, rules or regulations relating or
<br />applicable to streets, sidewalks, tree lawns or other property belonging to the City and/or relating to the
<br />health of the City, and in such other specific cases as the Mayor may from time to time direct, The Animal
<br />Warden shall enforce all of the ordinances of the City relative to animals.
<br />1701.06 SEPARABILITY.
<br />Each section and each part of each section of [his Sanitary Code is hereby declared to be an independent section or part of
<br />section, and the holding of any section or part of section to be invalid or ineffective, or the holding of the application of any section or
<br />part of any section to any person or circumstance to be invalid or ineffective, shall not affect any other section or part of section, or the
<br />application of any section or part of section to any other person or circumstance,
<br />1701.07 COMPLIANCE REQUHiED.
<br />It shall be unlawful for any person, firm or corporation to do any act or thing prohibited by any of the provisions of this
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