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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2003 - 132 <br />BY: COUNCILMAN MICHAEL GAREAU JR. <br />AN ORDINANCE AMENDING CHAPTER 1331 OF THE BUILDING CODE <br />ENTITLED "DANGEROUS OR UNSAFE BUILDINGS"; SPECIFICALLY <br />AMENDING SECTION 1331.13 "AUTHORITY OF BUILDING COMMISSIONER <br />TO EX,4MI7VE PREMISES" AS AMENDED. <br />WHEREAS, it is the opinion and recommendation of the Director of Law that <br />amendments to North Olmsted Codified Section 1331.13 are necessary and appropriate to <br />claxify the scope of the Building Commissioner's authority and the Constitutional <br />limitations upon entry and inspection of the premises of Dangerous or Unsafe Buildings <br />as designated by Chapter 1331; and <br />WHEREAS, NOCO § 1331.13 provides for examination of such premises by the <br />Building Commissioner but does not account for the refusal of a property owner to <br />consent to such entry or inspection, does not clearly or directly address the requirements <br />of an administrative search warrant, and finally does not specifically acknowledge <br />emergency circumstances; and <br />WHEREAS, it is the desire of this Council, as an exercise of its powers of local <br />self-government and not in conflict with general law, upon consultation with the Building <br />Commissioner and the Director of Law, to amend Section 1331.13; <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 Section 1331.13 of the Building Code of the City of North <br />Olmsted, which presently reads as follows: <br />"The Building Commissioner or a person delegated by him shall be empowered to <br />examine or cause to be examined any building or dwelling within the City, to determine <br />whether such building or dwelling is dangerous, unsafe or constitutes a nuisance, as <br />provided by this chapter. (Ord. 88-66. Passed 7-5-88.)" <br />be amended, and, as amended, shall read in its entirety as follows: <br />"(a) The Building Commissioner or e-per?sen-delegated any building inspector <br />or ot6er otricial designated by the Building Commissioner shall be exipewer-e? <br />authorized, upon presentation and ezplanation of ofricial authorization and <br />