02/16/1993 Meeting Minutes - Laserfiche WebLink

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Public Hearing of 2/16/93 Mr. McKay asked the Law Director to comment on the enforcement section of the ordinance because there haci been some concern that a busi~ss could be fined on the first day of a violation with each day being a separate violation. Mr. Garesu said that the court would have to make this det~xmination. Also, any building or zoning code penalty provision will call for each day to be a separate violation. Mr. Margolit~ felt this was not fair aaxi that a warning period should be written into the legislation. Mr. Careau said. he had. been speaking about the cold, hard letter of the law. As a practical aspect., a warning period is always given in violations of this type. The offerer is given ~ opportunity to correct the problem, the inspector cc,~es out aryd re-check it, and then another warning is given. If all else fails, the matter is turned over to the Assistant Prosecutor; however, this rarely happens. Mr. Graham said that the Chamber would like to_wark with Couuicil to try arxi come up with a solutioa~ to the problem. Ile feels that most of the busi~sses in the city are cooperative anel this ordinance could be a tremendous expense on the majority to get to the few who do not want to cooperate. Mrs. Bober, East Park. Drive, said she is a neighbor of one of the notorious businesses in question. She does not want to be unreastble toward the businesses, but certainly wants the city to take a firm stand. Ilex hone is between seven and eight hurx~.red feet from the busies lights, a~xi she can sit in her backyard and read a newspaper. The interiors of homes up to eight humdred feet away are affected by these lights. Thin is very m~urea~nable, aril the neighbors have been living with this for mare than ten years. They would like some relief. Jim Bums, 3978 Dover Center Road, former Chairperson of the Platming Commission, made the observation that the ordinance has been under consicieratan since August and this was the first time anybody hss spoken to it. ~ feels that the public hearing process should take place before the night of the third reading of the legislation. This would allow the public time to give their input. In closing, Mr. Tallon said the legislation was unifornn justice for all. He feels this law will be fair and equitable and in the best interests of the citizens of North Olmsted. He encouraged Council to pass the legislation. President Boet~ner adjourned the public hearing at 7:53 p.m. ames D. Boehmer, Presi ent of Ccnmci ~lCeijc.~e, Bar a L. Seman, C r o Counci 4 C