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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 99-102 <br />BY: COUNCIL PERSON CAROLYN KASLER <br />AN ORDINANCE AMENDING SECTION 1363.07 OF CHAPTER 1363 OF THE REAL <br />PROPERTYMAINTENANCE CODE, ENTITLED "DUTIES AND RESPONSIBILIT7ES OF <br />OWNERS AND OPERATORS, " SO AS TO REQUIRE OWNERS AND OPERATORS OF <br />COM&IERClAL PREMISES TO MAINTAINAND, WHENNECESSARY, REPLACE TREES, <br />SHRUBS AND OTHER PLANTINGS WHICH ARE PART OF A LANDSCAPE PLAN <br />APPROVED BY THE CITY, AND DECLARING AN EMERGENCY AS AMENDED. <br />WHEREAS, the process of commercial development in the City of North Olmsted requires <br />property owners to submit for approval landscape plans for the purpose of creating buffers for nearby <br />residential property owners and, in addition, landscaped areas in and about commercial parking areas <br />so as to promote aesthetics and property values in the City's commercial district, particularly along <br />Lorain Road; and <br />WHEREAS, this Council has found that some commercial property owners, after lot <br />development is completed and occupancy permits have issued, have failed to adequately maintain the <br />trees, shrubs and other planting on their property which are an integral part of their approved <br />landscaping plans; and <br />WHEREAS, this Council wishes to provide an effective method of enforcement for the <br />Building Department to pursue against such commercial property owners in order to compel them <br />to maintain, and, where necessary, replace, the trees, shrubs and other planting which are part of their <br />approved landscaping plans; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYf1HOGA AND STATE OF OHIO: <br />SECTION 1: That Section 1367.07 of Chapter 1367 of the Real Property Maintenance <br />Code, which presently reads as follows: <br />1363.07 DUTIES AND RESPONSIBII.,ITIES OF OWNERS AND OPERATORS. <br />(a) Maintenance of Exterior of Premises; Hazards and Unsanitarv Conditions. The <br />exterior of the premises and the exterior of all structures thereon shall be kept free of all nuisances, <br />unsanitary conditions and any hazard to the safety of occupants, pedestrians and other persons <br />utilizing the premises, and any of the foregoing shall be promptly removed and abated by the owner <br />or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which <br />include, but are not limited to, the following: <br />(1) Refuse. An accumulation of brush, broken glass, stumps and roots that <br />present a safety hazard; also garbage, trash and debris that present an <br />unsanitary and/or a safety hazard. Compost piles, enclosed in a fenced-in area <br />not exceeding twenty four square feet and maintained not closer than thirty <br />feet from adjacent property lines, are exempt from this paragraph.