2008-044 Ordinance - Laserfiche WebLink

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Ordinance No. 2008-44 multiple violations at the property, a warning ta sg hall be entrance to the building^ If an emer•?egregious con above or if the owner or onerator of the nropertv fails to the may be issued bv any uerson employed by the City and speciticallv designated b the Property Maintenance Officer, and shall then be securelv ulaced uuon the front entrance of the building. The owner or operator shall appear at the North Olmsted Building Department to pay the fine for such violation, in person, through a designated representative, or postmarked by mail, within forty-eight hours after the issuance of such real property citatioa, Sundays or holidays excepted, and pay a fine of thirty-five dollars ($35.00), without costs. If such payment is tendered or postmarked more than forty-eight hours after such issuance, Sundays or holidays excepted, then the fine shall be increased to fifty dollars ($50.00), without costs. Voluntary payment of such fine shall not be deemed a formal admission of guilt but shall constitute acknowledgment of the validity of the real property citation and shall preclude the prosecution of the misdemeanor offense alleged therein. SECTION 4: That Section 1363.10 of the Building Code, which presently reads as follows: 1363.10 POWERS AND DUTIES OF PROPERTY MAINTENANCE OFFICER. (a) Adoption of Rules and Regnlations. The Property Maintenance Officer is hereby authorized to promulgate such wntten rules and regulations as may be necessary for the proper interpretation and administration of the provisions of this chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter. The Property Maintenance Officer shall file copies of such rules and regulations with the Clerk of Council, the City Engineer, the Fire Chief, the Planning, Zoning, Building Codes and Legislation Committee of Council, and the Board of Building Code Appeals, and shall make available in the Property Maintenance Officer's office a copy for inspection by members of the public during regular business hours. (b) Power to Varv or Modify Provisions of Code. (1) Conditions. The Board of Building Code Appeals shall have the power to withhold or extend strict enforcement of the requirements of this Code upon written application therefor by an owner, operator or occupant, and after a public hearing, provided that the Board determines that any of the conditions specified in this paragraph exist. A. Any variation or modification of a structure or use approved by the Property Maintenance Officer shall not in any material way alter the standards of this Code and shall not affect detrimentally the health, safety or welfare of the occupants or owners of an adjacent premises or of the immediate neighborhood. B. Strict enforcement of the provisions of this Code would constitute a undue and unnecessary hardship on the owner or operator because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom. C. Strict enforcement of the provisions of this Code would 19