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2003-132 Ordinance
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2003-132 Ordinance
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1/10/2014 3:23:09 PM
Creation date
12/26/2013 5:26:36 AM
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North Olmsted Legislation
Legislation Number
2003-132
Legislation Date
10/21/2003
Year
2003
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<br />Ordinance No. 2003-132 <br />Page 2 <br />identification, to examine or inspect, upon entry or survey, °°° +o b° °°°"':"°a any <br />building or dwelling within the City, to determine whether such building or dwelling is <br />dangerous, unsafe or constitutes a nuisance, as provided by this chapter. Such review <br />shall be conducted, to the eatent practical, during regular business hours (Monday - <br />Friday between 8:30 a.m. and 4:30 p.m.), unless special circumstances or an <br />emergency situation requires an eaception. Such review shall be conducted upon <br />the consent of the property owner or other persons authorized to grant consent to <br />enter and inspect, which consent shall be documented in writing, unless special <br />circumstances dictate another time or an emergency situation requires immediate <br />action. <br />(b) Absent consent or an emergency, the Building Commissioner or <br />designee shall not enter into and conduct an inspection of the building or dwelling <br />until such time as the necessary information is provided to the Director of Law and <br />a searc6 warrant has been issued by the Common Pleas or Municipal Court and <br />served in accordance with law to establish the Building Commissioner's authority to <br />enter and inspect the building or dwellings alleged to be dangerous, unsafe or which <br />may constitute a nuisance as defined by this c6apter. <br />(c) Judges or Magistrates of the Common Pleas or Municipal Court may, <br />within their respective jurisdictions and in accordance with judicial rules, issue <br />warrants or other legal process to enter, to search and to otherwise inspect or <br />ezamine any premises, building or dwelling subject to t6is chapter, upon the filing <br />of an affidavit which supports a finding of reasonable suspicion or belief that the <br />alleged conditions constitute a nuisance, or that the structures may be dangerous or <br />unsafe, as defined by this chapter. The affidavit must set forth facts showing: <br />(1) identification of the premises, buildings or dwellings or parts <br />thereof to be entered and inspected; <br />(2) identification of the property owner of record and, if <br />applicable the persons in possession thereof, as well as <br />information regarding the solicitation and refusal of consent; <br />(3) a statement of the nature of the complaint and a description of <br />the evidence in support of the alleged code violation, including <br />citation of the code provisions; and <br />(4) a statement of t6e atfiant, based upon specific knowledge of t6e <br />condition and evidence, asserting reasonable suspicion or belief <br />of a particular code violation, provided however that such <br />belief need not depend upon specific knowledge of a particular <br />condition within the premises, building or dwelling to be <br />entered and inspected. <br />(d) An "emergency" means a real and present emergency requiring <br />immediate entry and eaamination due to the eaistence of an occurrence or <br />condition that causes a building or dwelling to become dangerous, unsafe or <br />to constitute a nuisance and which requires prompt action to prevent injury <br />or property damage or to avoid an imminent risk of harm to the health,
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