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CITY OF NORTH OLMSTED ORDINANCE NO. 2005 —133 BY: Council Members Gareau and Nashar AN ORDINANCE AMENDING SECTION 1363.07 OF CHAPTER 1363 OF THE REAL PROPERTY MAINTENANCE CODE, ENTITLED "DUTIES AND RESPONSIBILITIES OF OWNERS AND OPERATORS, " IN ORDER TO PERMIT RESIDENTS TO STORE TRASH CONTAINERS IN SIDE YARD AREAS THAT ARE VISIBLE FROM THE RIGHT OF WAY. WHEREAS, this Council, on February 1, 2005, adopted Ordinance No. 2004 -80, which amended Section 1363.07 of the Real Property Maintenance Code in order to establish heightened real property maintenance standards for residential properties in the City of North Olmsted; and WHEREAS, it is the desire of this Council to further amend said Section 1363.07 of the Real Property Maintenance Code so as to permit residents to store trash containers in side yard areas that are visible from the public right of way so long as the containers have lids and are sufficiently sealed so as to prevent animal and insect foraging and infestation; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMS TED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 1363.07 of Chapter 1367 of the Real Property Maintenance Code, entitled "Duties and Responsibilities of Owners and Operators," which presently reads as follows: "1363.07 DUTIES AND RESPONSIBILITIES OF OWNERS AND OPERATORS. (a) Maintenance of Exterior of Premises • Hazards and Unsanitary Conditions The exterior of the premises and the exterior of all structures thereon shall be kept free of all nuisances, unsanitary conditions and any hazard to the safety of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include, but are not limited to, the following: (1) Refuse. An accumulation of brush, broken glass, stumps and roots that present a safety hazard; also garbage, trash and debris that present an unsanitary and /or a safety hazard. Compost piles, enclosed in a fenced -in area not exceeding twenty -four square feet and maintained not closer than thirty feet from adjacent property lines, are exempt from this paragraph. (2) Natural growth. Dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof.