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2005-011 Ordinance
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2005-011 Ordinance
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Last modified
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 />requirements of this Code upon written application therefor by an owner, <br />operator or occupant, and after a public hearing, provided that the Board <br />determines that any of the conditions specified in this paragraph exist. <br />A. Any variation or modification of a structure <br />or use approved by the Property Maintenance Officer shall not in <br />any material way alter the standards of this Code and shall not <br />affect detrimentally the health, safety or welfare of the occupants <br />or owners of an adjacent premises or of the immediate <br />neighborhood. <br />B. Strict enforcement of the provisions of this <br />Code would constitute a undue and unnecessary hardship on the <br />owner or operator because it would compel expenditures on the <br />premises which would be substantially disproportionate to any <br />benefit to health, safety or welfare that might be derived therefrom. <br />C. Strict enforcement of the provisions of this <br />Code would require installations, repairs, or improvements <br />estimated to exceed ten thousand dollars ($10,000) in cost. <br />D. The premises subject to this Code are <br />contemplated for acquisition by, or are within an area where <br />acquisition is contemplated by, a public agency having the power <br />of eminent domain and there is a reasonable likelihood that the <br />premises will be acquired and razed or moved within a period of <br />two years, provided, however, that any waiver of the provisions of <br />this Code shall be canceled and the Property Maintenance Officer <br />shall strictly enforce this Code if it is ascertained subsequent to the <br />granting of the waiver that the premises are in fact not to be <br />acquired for any public use or purpose. <br />(2) Notice. Notice of the time and place of the meeting of the <br />Board of Building Code Appeals, after an application has been filed under <br />the provisions of this section, shall be sent to all property owners within a <br />500 -foot radius of the property for which the application is made. Notice <br />shall be sent by the Secretary of the Board by regular mail. <br />(3) Record of variations or modifications agr nted. Where <br />variations or modifications are approved in any section of this Code by the <br />action of the Board of Building Code Appeals or of any court of record, a <br />written record thereof stating the name of the applicant, the address of the <br />premises, the variation or modification approved, the date of approval, and <br />the reasons therefor, satisfying the provisions contained herein, shall be <br />prepared by the Property maintenance Officer and filed both under the <br />section or sections of this Code to which the variation or modification <br />applies and under the address of the premises, and such files shall be <br />available for public inspection in the office of the Property Maintenance <br />Officer during regular business hours. <br />(c) Annual Review of Code Provisions and Operations. The Property Maintenance <br />Officer shall, in the month of January of each year, review with the Fire Chief, the City <br />Engineer, and the Director of Law the procedure and operation of this Code, and report to <br />Council on or before March 15: <br />(1) Any recommended amendment, addition or modification of <br />a provision of this Code consonant with the field experience of the <br />personnel charged with enforcement; <br />(2) A summary of the time sequence enforcement experience <br />indicating the number of violations abated, the number of cases processed <br />in the Municipal Court, the number of inspections made and such other <br />
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