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<br />Ordinance No. 2009-72
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<br />WHEREAS, it is the desire of this Council to provide a new procedure for the
<br />abatement of such nuisances activities in the City of North Olmsted, to declare certain
<br />building and zoning code violations and/or property maintenance activities to constitute
<br />public nuisances, and to provide for the City to recover its costs in responding to
<br />properties in the City where nuisance activities have been repeatedly created, maintained,
<br />permitted, or otherwise 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 there is hereby created new Chapter 1373 of the Building
<br />Code, entitled "Building, Zoning, Property Maintenance and Other Nuisance Activities,"
<br />which, as created, shall read in its entirety as follows:
<br />Chapter 1373 -Building, Zoning, Property Maintenance and Other Nuisance
<br />Activities
<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
<br />of the property, are declared to be nuisance activities. To be a nuisance activity,
<br />a criminal conviction is not necessary. There must, however, be probable cause
<br />to 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 Code), 1305
<br />(One, Two and Three-Family Dwelling Code), 1309 (National Electrical Code),
<br />1331 (Dangerous or Unsafe Buildings), 1333 (Building Removal), 1345
<br />(Swimming Pools), 1351 (Property Numbers), 1355 (Air Conditioning and Air
<br />Handling Equipment), 1365 (Disposal of Building Materials), 1367 (Satellite
<br />Dish Receiving Stations), 1369 (Fences. and Screen Walls), including but not
<br />limited to 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 Family
<br />Residence Districts), 1136 Residential Cluster (RC) Districts, 1137 Multiple
<br />Residence (Apartment) Districts, 1138 Senior Residence District, specifically
<br />including but not limited to Sections 1135.01 (Use Restrictions), 1135.02(a)
<br />(Home Professional Office), ll35.02(b) (Home Occupation), 1135.02(c) (Private
<br />Garage), 1135.02 (d) (Accessory Buildings and Structures), 1135.02(e) (Animal
<br />Shelters), 1135.02(f) (Fences), 1135.02(g) (Antenna and Tower), 1135.02(h)
<br />(Recreational Vehicle), 1135.02(1) (Permanent Swimming Pools), 1135.02(j)
<br />(Portable Storage Containers) of the Codified Ordinances;
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