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-, <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2002 - 90 <br />BY: Mayor Musial. <br />AN ORDINANCE CREATING A NEW CHAPTER 1371 OF THE <br />BUILDING CODE ENTITLED "CHARGES FOR EMERGENCY <br />MUNICIPAL SERVICES"; AND DECLARING AN EMERGENCY. <br />WHEREAS, the City recently incuned $2,426.92 in labor and equipment costs in <br />responding to an emergency caused by a contractor who struck a gas line while <br />excavating at a construction site located in the City; and <br />N'HEREAS, this Council finds that contractors conducting excavating, building <br />and other construction activities in the City place a greater than normal financial burden <br />upon the City when, through acts of negligence, recklessness or in violation of law, they <br />require the City to respond to construction sites with emergency municipal services, <br />particularly police and fire services, in order to protect the public health, safety and <br />welfare; and <br />WffEREAS, it is the desire of this Council to require such contractors, who are <br />engaged in for profit activities in the City and who directly cause the City to respond and <br />provide emergency municipal services, rather than City taxpayers in general, to bear the <br />costs of such emergency municipal services; <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE <br />CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That there be and hereby is created a new Chapter 1371 of the <br />Building Code of the City of North Olmsted entitled "Charges for Emergency Municipal <br />Services." Said new Chapter 1371 shall be in form and substance as set forth in Exhibit <br />A, which is expressly incorporated by reference into this Ordinance as if fully restated <br />herein. <br />5ECTION 2: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public health, safety and welfare, and <br />for the reason that it is necessary that this Ordinance go into effect immediately because <br />the construction season has arrived and the potential for emergency municipal responses <br />is great at this time, and further provided it receives the affirmative vote of two-thirds of <br />all members of Council, it shall take effect and be in force immediately upon its passage <br />and approval by the Mayor.