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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 99-82 <br />By: COUNCILMAN MICHAEL GAREAU, JR. <br />AN ORDINANCE CREATING NEW SECTION 1126.08 OF THE ZONING <br />CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "DEVIATIONS <br />FROM APPROVED PLANS PROHIBITED," IN ORDER TO PROVIDE FOR <br />BETTER REMEDIES AGAINST COMMERCIAL AND OTHER <br />DEVELOPERS WHO, IN CONSTRUCTING BUILDINGS AND OTHER <br />IMPROVEMENTS TO LAND, DEVIATE FROM PLANS APPROVED BY <br />THE CITY, AS AMENDED. <br />WHEREAS, from time to time, the City has received complaints from residents and others <br />that commercial and other developments within the City have not been built in accordance with the <br />plans approved by the City; and <br />WHEREAS, while the City presently may seek an order from a court of competent <br />jurisdiction enjoining the continued occupancy of buildings and other land improvements which have <br />been built in violation of the plans approved by the City, this remedy is time consuming, expensive, <br />and often times is not appropriate for the violation in issue; and <br />WHEREAS, it is the desire of this Council to expand the remedies available to the City <br />against developers who have failed to construct their buildings and other land improvements in <br />accordance with the plans approved by the City to include criminal penalties; and <br />WHEREAS, after careful nsideration, the Planning Commission of the City of North <br />Olmsted, on the ? day of ``? ' , 1999, recommended .?-?v-?-? of the <br />proposed creation of new Section 11 6.08 f the Zoning Code of the City of orth Olmsted. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION L• That there be and hereby is created new Section 1126.08 of the Zoning Code, <br />entitled "Deviation from Approved Plans Prohibited," which as newly created shall read in its entirety <br />as follows: <br />1126.08 DEVIATIONS FROM APPROVED PLANS PROHIBITED. <br />(a) Any owner who, after receivinb City Council approval of building or site plans, or <br />receiving a building permit pursuant to the provisions of this Chapter, or obtaining an authorized <br />deviation from an approved building or site plan, and who develops the subject property and/or <br />constructs buildings and other land improvements on the property, but fails to do so in strict <br />compliance with the plans as approved or authorized, shall be subject to a11 of the actions by the City <br />authorized by Chapter 1121 of the Zoning Code and to the criminal penalties provided for in Section <br />1121.99(b) of the Zoning Code. <br />,?