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Council Minutes of 4/15/2008 <br /> <br />on the property, which is recommended by the 2005 Master Plan. After the <br />rezoning, Ordinance 2008-37 supplementally zones the property to the Wireless <br />Telecommunications Overlay District. The Planning and Design Commission <br />unanimously recommended approval of Ordinances 2008-36 and 2008-37 on <br />February 27, 2008. The BZD Committee unanimously recommended approval to <br />Council of Ordinances 2008-36 and 2008-37. <br />• Ordinance 2008-44, an ordinance amending Sections 1351.99,1363.07, 1363.08, <br />1363.10 and 1363.99 of the Property Numbers and Real Property Maintenance <br />Chapters in order to promote efficiency, clarify when search warrants aze required <br />and increase the penalties for property maintenance violations; and declaring an <br />emergency, as amended. This ordinance was held in committee since the meeting <br />of March 11, 2008 in order to clean up some language and amended 1351.99 to <br />provide for new ticketing procedure to apply only to violations of 1351.01. Other <br />amendments discussed are to immediately issue tickets after a warning for some <br />minor violations such as pazking on the grass, junk cars, high weeds, garbage cans <br />and trash along with no address display on houses. A warning tag would be the <br />first step and then a citation would be issued after 72 hours depending on weather <br />conditions. The first fine will be $35, after 48 hours it will be $50, and possibly <br />higher and a possible court appearance if not resolved. This also brings it in line <br />with State law and removes an appeal process that is used very seldom. The <br />offenses will be 4~' degree misdemeanors instead of minor misdemeanors. This <br />only has to do with the eaderior property maintenance code for single family <br />residences. As far as search warrants, these have to be obtained through the court <br />system and aze for the ability to go into the back yards of homes with a major <br />known violation. Presently inspectors are only allowed to inspect from the front <br />of a house. To make those issues cleaz, a warning is given first before a ticket. A <br />seazch warrant, which the city would go to court to obtain, is for back yazd <br />inspection without resident permission with a known serious violation. After <br />some discussion and thanks to work by Assistant Law Director Carole Heywazd, <br />Safety Director Dr. Lisa Thomas, and Councilman Michael Gareau, the property <br />maintenance code is even stronger in his opinion and hopefully the rest of Council <br />that this is a good move for the betterment of our city. The committee <br />unanimously recommended approval to Council of Ordinance 2008-44 as <br />amended and recommended passage under suspension of the rule. (A list of <br />people who attended the committee meeting is submitted to be attached to the <br />written committee report.) <br />Councilman Bazker made a motion to amend Ordinance 2008-44 as reported above. <br />Law Director Dubelko asked if the amendments included the changes to Chapter 1351 <br />made by the Law Dept., and Councilman Bazker said yes Section 1351.99 provides for a <br />new ticketing procedure to apply only to violations of Section 1351.01. The motion was <br />seconded by Councilman Gazeau and passed unanimously. Ordinance No. 2008-44 <br />amended. <br />Council Member Dailey Jones, chairperson of the Streets & Transportation Committee: <br />1) The Streets & Transportation Committee met on Tuesday, April 8. Present were <br />7 <br />~~.,~.. <br />