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2005-011 Ordinance
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2005-011 Ordinance
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12/26/2013 3:05:47 PM
Creation date
12/18/2013 10:26:33 AM
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North Olmsted Legislation
Legislation Number
2005-011
Legislation Date
3/5/2008
Year
2005
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Ordinance No. 2005 -11 <br />Maintenance Officer may advise the Director of Law or the Prosecutor of <br />the circumstances and request the Director of Law or the Prosecutor to <br />institute an appropriate action at law to compel compliance. <br />(7) Referral of violations. Any violation of any ordinance other <br />than this Code discovered by the Property Maintenance Officer or his <br />representative shall be reported to the official or agency responsible for <br />the enforcement of such ordinance. <br />(8) Where notice and hearing not required Prior to Court <br />proceedings. Notwithstanding the requirements of paragraphs (e)(1) <br />through (e)(4) hereof, violations of the following section may be <br />prosecuted without notice by the filing of a complaint by the Property <br />Maintenance Officer in the Rocky River Municipal Court: 1363.08(d). <br />(9) Effect of notice on owners. For the purposes of <br />enforcement of this Code, the service of a notice on an owner, whether or <br />not the owner is also the operator, shall constitute notice of violations set <br />forth therein until such violations are abated in conformity with this Code <br />and other applicable ordinances of the City." <br />BE AMENDED, AND, AS AMENDED, SHALL READ IN ITS ENTIRETY AS <br />FOLLOWS: <br />"1363.08 ADMINISTRATION. <br />(a) Building Commissioner to be Property Maintenance Officer. The Building <br />Commissioner is hereby designated to serve as the Property Maintenance Officer hereunder, and <br />all inspections, regulations, enforcement and hearings on violations of the provisions of this <br />Code, unless expressly stated to the contrary, shall be under his direction and supervision. <br />(b) Inspections. All buildings and premises subject to this Code are subject to <br />inspections at all reasonable times from time to time by the enforcing officer of the City. At the <br />time of such inspections, all exterior parts of the premises must be available and accessible for <br />such inspections, and the owner, operator and occupant are required to provide the necessary <br />arrangements to facilitate such inspections. Such inspections shall be made during regular hours <br />the city offices are open unless there is reason to believe that a violation exists of a character <br />which is an immediate threat to health or safety requiring inspection and abatement without <br />delay. <br />(c) Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid <br />intentional embarrassment or inconvenience to occupants. <br />(d) Right of Entry. <br />(1) Refusal of entry. Where the Property Maintenance Officer <br />or his agent is refused access to the property or is otherwise impeded or <br />prevented by the owner, occupant or operator from conducting an <br />inspection of the premises, such owner, occupant or operator shall be in <br />violation of this Code and subject to the penalties thereunder. <br />(2) Search warrant or access warrant. In addition to the <br />provisions of paragraph (d)(1) hereof, the Property Maintenance Officer <br />may, upon affidavit, apply to the Rocky River Municipal Court for a <br />search warrant setting forth factually the actual conditions and <br />circumstances that provide a reasonable basis for believing that a nuisance <br />or violation of this Code exists on the premises. If the Court is satisfied as <br />to the matter set forth in such affidavit, the Court may authorize the <br />
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