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2011-005 Ordinance
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2011-005 Ordinance
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1/13/2014 3:47:32 PM
Creation date
12/26/2013 11:06:01 AM
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North Olmsted Legislation
Legislation Number
2011-005
Legislation Date
2/2/2011
Year
2011
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receiving a notice from the Director of Public Safety as set forth in Section 1359.08 above, the <br />owner of any unoccupied commercial building shall guarantee such maintenance by posting a <br />cash bond or negotiable securities in the amount of one thousand dollars ($1,000.00), which shall <br />be subject to the procedure herein. The property maintenance bond shall remain at the disposal <br />of the Director of Public Safety, while the building remains unoccupied, to provide payment for <br />such maintenance, abatement of any nuisance or to remedy any violation of this chapter pursuant <br />to Section 1359.06. The ten-day notice to correct and abate as required by Section 1359.06 shall <br />include a warning that, if the owner fails to comply, the owner's bond shall be expended to <br />correct or abate the violation. <br />(b) The bond shall be filed with the Director of Finance and maintained in a special <br />account, available for disbursement to pay maintenance costs deemed necessary to remedy <br />violations and as requisitioned by the Director of Public Safety. If the bond is expended to <br />remedy any violation, the owner shall, upon notice of such deficiency, replenish the bond to the <br />full amount of $1,000.00. The Director of Finance shall release and refund the entire bond (or <br />any balance remaining after deductions to remedy violations) to the owner only upon the <br />Building Commissioner's verification of the occupancy of the building and only upon the <br />owner's full compliance with this chapter and full satisfaction of all costs or expenses to remedy <br />violations. (Ord. 2003-92. Passed 6-17-03.) <br />1359.99 PENALTY. <br />Whoever violates or fails to comply with any provision of this chapter is guilty of a <br />minor misdemeanor for the first offense and shall be fined not less than forty-nine dollars <br />($49.00) for each and every violation. The Court shall consider each and every day that a <br />violation persists as a continuing violation and may impose an additional fine of forty-nine <br />dollars ($49.00) per day. Following conviction for any violation of this chapter, subsequent <br />offenses shall be cited as a misdemeanor of the third degree, and upon conviction, the Court is <br />hereby authorized to require compliance with this chapter and/or grant the City restitution for <br />any and all costs or expenses incurred to remedy the violation or abate any nuisance on the <br />property. (Ord. 2003-92. Passed 6-17-03.) <br />2004 Replacement <br />
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