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WHEREAS, it is the desire of this Council to utilize the existing procedure for the
<br />abatement of residential nuisances activities in the City of North Olmsted, and as enacted
<br />by Ordinance 2009-72 and Codified as Chapter 1373, and to apply it with equal force to
<br />abate commercial nuisance activities, to declare certain building and zoning code
<br />violations and/or property maintenance activities to constitute public nuisances, and to
<br />provide for the City to recover its costs in responding to properties in the City where
<br />nuisance activities have been repeatedly created, maintained, permitted, or otherwise
<br />suffered to exist;
<br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
<br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
<br />SECTION 1: That Sections 1373.01 and 1373.02 of Chapter 1373 (Building,
<br />Zoning, Property Maintenance and Other Nuisance Activities) of the Building Code,
<br />which presently read as follows:
<br />1373.01 Building, Zoning, Property Maintenance and Other Violations
<br />Declared as Nuisance Activities
<br />(a) Activities, as defined in any of the following provisions of the North Olmsted
<br />Codified Ordinances, occurring on any residential property located within the
<br />City, and engaged in by an owner, occupant or invitee of the owner or occupant of
<br />the property, are declared to be nuisance activities. To be a nuisance activity, a
<br />criminal conviction is not necessary. There must, however, be probable cause to
<br />believe that the activity occurred. For purposes of this Chapter, a residential
<br />property means any real property that is either zoned to permit residential
<br />occupancy or otherwise has a residential occupancy upon it.
<br />(1) Any Building Code violation under Chapters 1301 (Ohio Building
<br />Code), 1305 (One, Two and Three-Family Dwelling Code), 1309
<br />(National Electrical Code), 1331 (Dangerous or Unsafe Buildings),
<br />1333 (Building Removal), 1345 (Swimming Pools), 1351 (Property
<br />Numbers), 1355 (Air Conditioning and Air Handling Equipment),
<br />1365 (Disposal of Building Materials), 1367 (Satellite Dish Receiving
<br />Stations), 1369 (Fences and Screen Walls), including but not limited to
<br />Sections 1301.06 (Violations), and 1305.05(b)(3) (Violations and
<br />Penalties) of the Codified Ordinances;
<br />(2) Any Zoning Code violation under Chapters 1135 (One and Two
<br />Family Residence Districts), 1136 Residential Cluster (RC) Districts,
<br />1137 Multiple Residence (Apartment) Districts, 1138 Senior
<br />Residence District, specifically including but not limited to Sections
<br />1135.01 (Use Restrictions), 1135.02(a) (Home Professional Office),
<br />1135.02(b) (Home Occupation), 1135.02(c) (Private Garage), 1135.02
<br />(d) (Accessory Buildings and Structures), 1135.02(e) (Animal
<br />Shelters), 1135.02(f) (Fences), 1135.02(g) (Antenna and Tower),
<br />1135.02(h) (Recreational Vehicle), 1135.02(1) (Permanent Swimming
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