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Ordinance No. 2008-44
<br />WHEREAS Section 1351.99 currentlv provides that all violations of Chapter
<br />1351 entitled Pronertv Numbers are minor misdemeanors.
<br />WHEREAS, it is the recommendation of the Mayor to amend Chapters 1351 and
<br />1363 of the Building Code to promote greater efficiency in enforcement efforts consistent
<br />with due process requirements, create a new enforcement process for violations of
<br />Chapter 1351 and certain specified minor property maintenance code violations, clarify
<br />when search warrants are constitutionally required before entering onto private property,
<br />and provide for new and increased penalties;
<br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
<br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
<br />SECTION 1: That Section 1351.99 of the Building Code, which presently reads as
<br />follows:
<br />1351.99 PENALTY
<br />Whoever violates any provision of this chapter is ,guilty of a minor misdemeanor.
<br />BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS:
<br />1351.99 PENALTY
<br />tA71 i 4 441..n -7_ _? 'i4 ?.. ?__ - - ..?....?.....«....
<br />r a.a
<br />(a) Warning tags and cEitations for violations of Section 1351.01 shall be
<br />written on a pre printed forms a,pproved by the Propertv Maintenance Officer,
<br />which shall include all information necessarY to identifv the nature of the
<br />violation, the place where it occurred and the owner, agent or occupant of the
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<br />premises Uuon observation of a first violation that y
<br />eeft&i-en is not deemed to be egregious because of' similar prior violatiotls at the
<br />property witliin the past 12 months or because of the presence of multiple violations at
<br />tlle property, a warning, tag shall be securely placed upon the front entrance to the
<br />building If an e?? egregious condition exists as described above or if the
<br />owner or operator of the property fails to correct a citation within forty-eight (48)
<br />hours following placement of a warning tag_upon the propertv citations mav be issued
<br />bv any person emQloved by the Citv and specificallv designated bv the Property
<br />Maintenance Officer, and shall then be securely placed upon the front entrance of
<br />the building The owner or operator shall appear at the North Olmsted Building
<br />Department to pav the rine for such violation, in person, through a designated
<br />representative, or postmarked bv mail, within fortv-eight hours after the issuance
<br />of such real propertv citation, Sundays or holidays excepted, and pav a fine of
<br />thirtv rive dollars ($35 00), without costs If such pavment is tendered or
<br />postmarked more than forty-eight hours after such issuance, Sundavs or hohdavs
<br />excepted, then the fine shall be increased to fiftv dollars ($50.00), without costs.
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