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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2003 -128 <br />BY: Council Member McKay <br />A1V ORDINANCE AMENDING SECTIONS 1353.11 AND <br />1353.12 OF CHAPTER 1353 OF THE BUILDING CODE, <br />ENTITLED "GRADING AND SURFACE WATER <br />DRAINAGE, " I1V ORDER TO BETTER REGULATE GRADE <br />CHANGES ON PRIVATE PROPERTY WHICH ADVERSELY <br />AFFECT ADJOINING PROPERTY OWNERS, ANI) <br />DECLARING AN EMERGENCY. <br />WHEREAS, it is the desire of this Council to revise various provisions within Chapter <br />1353 of the Building Code, entitled "Grading and Surface Water Drainage," relating to the <br />process for establishing grading plans and for issuing landscaping permits in order to better <br />protect property owners in the City of North Olmsted from drainage and flooding damage caused <br />by grading changes on adjoining lots; <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CIIYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Sections 1353.11 and 1353.12 of Chapter 1353 of the Building Code, <br />entitled "Grading and Surface Water Drainage," which presentiy read as follows: <br />"1353.11 GRADES W]HERE NO GRADE PLAN PROVIDED. <br />When the City Engineer is not provided a grade plan for approval, the City <br />Engineer shall be charged with the duty of checking all natural and finished grade <br />lines of alllots, pl4ts or lands located within the municipal boundaries of the City <br />and shall establish grade lines for a11 streets, sidewalks, sanitary and storm sewers <br />and structwes of every kind and description. <br />1353.12 MAINTAINING GRADE LINES ESTABLISHED BY CITY. <br />(a) When the City Engineer, under any section of this chapter, has set, <br />finally determined and/or established the natural and/or finished grade lines of <br />any parcel of real estate, lot or land within the City, thus providing for the <br />drainage of surface water therefrom, the owner, occupant or any other person in <br />charge of such premises shall continue to maintain and adhere to said grade lines <br />of the premises and shall further keep all drains, ditches, swales or other surface <br />water conduetors open and free and clear of any and all obstructions. <br />(b) Any builder, contractor, landscaper or owner doing any grading, <br />regrading, landscaping, sodding or performing any other work affecting drainage <br />of any parcel of land in the City shall, prior to doing any such work, and in <br />addition to obtaining any ather permit required by this chapter, obtain from the <br />City Engineer a landscaping permit to perform such work. Such person or <br />persons shall furnish a plan of the parcel of land upon which the work is to be <br />performed. The plan shall show ail data necessary to determine the extent and <br />character of the work to be dane and its effect upon drainage. Said plan shall also <br />