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Ordinance No. 2007-20 SECTION 1: That Section 1126.11 (Deviations from approved plans prohibited) of the North Olmsted Zoning Code which presently reads as follows: 1126.11 DEVIATIONS FROM APPROVED PLANS PROHIBITED. (a) Any owner who, after receiving Council approval of building or site plans, or receiving a building permit pursuant to the provisions of this chapter, or obtaining an authorized deviation from an approved building or site plan, and who develops the subject property and/or constructs buildings and other land improvements on the property, but fails to do so in strict compliance with the plans as approved or authorized, shall be subject to all of the actions by the City authorized by Chapter 1121 and to the criminal penalties provided for in Section 1121.99(b). (b) It shall be a defense to any such action brought by the City, whether criminal or civil in nature, that the Building Official expressly authorized a minor deviation from an owner's approved plans as a result of a field inspection of the property conducted by the Building Official. (c) For purposes of subsection (a) hereof, "plans approved" means the finally approved building, sign and site development plans for the property, the landscaping and lighting plans for the property, and all statements concerning the use and/or development of the property appearing affirmatively on the face of the record of the proceedings of the owner's application for a building permit which were expressly made a condition of Planning Commission's approval and not thereafter expressly removed as a condition of approval by Council. BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS: 1126.11 SITE DEVELOPMENT PLAN AND BUILDING ELEVATION CERTIFICATIONS; DEVIATIONS FROM APPROVED FINAL DEVELOPMENT PLANS PROHIBITED. (a) Any owner who, after receiving Council approval of final development lp ans btiildiftg or Building or Engineering Department aunroval of site development plans and/or building elevations, or receiving a building permit pursuant to the provisions of this chapter, or obtaining an authorized deviation from an approved bttilding final development, site develoQment plan or building elevations, as provided for in para.graph (d) below, and who develops the subject property and/or constructs buildings and other land improvements on the property, but fails to do so in strict compliance with the plans as approved or authorized, shall be subject to all of the actions by the City authorized by Chapter 1121 and to the criminal penalties provided for in Section 1121.99(b). (b) Each such owner, or owner's representative, shall certifv in writing upon all site development plans and building elevations submitted to either the Building Department or the En in?eering Department that such site development plans and building elevations incorporate all requirements of the rinal development 2