2001-131 Ordinance - Laserfiche WebLink

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. ..... ._....,.. .?_,.-.......Nr . ... :....... ........ ......... . ...... ...,,,.?..... . .. . .. ..... , ...: . . . _.> , _ . . , <..-».am«..+ w.F.ac«we_w. ....*..,.a .F.?.+ .w . ? .. ....... . .. . . . CITY OF NORTH OLMSTED ORDINANCE NO. 2001-131 BY: Council Member Limpert AN ORDINANCE AMENDING SECTION 1363. 07 OF CHAPTER 1363 OF THE REAL PROPERTY MAINTENANCE CODE, ENTITLED "DUTIES AND RESPONSIBILITIES OF OWNERS AND OPERATORS,"SO AS TO REQUIRE THE REMOVAL AND REPLACEMENT OF FENCES ON COMMERCIAL PROPERTY ABUTIING RESIDENTIAL PROPERTY WHICHHAVE FALLENINTO A STATE OF DISREPAIR SUCHAS WOULD REQUIRE REPAIR OR REPLACEMENT OFMORE THAN FIFTY-PERCENT (50%) OF THE FENCE, AND DECLARING AN EMERGENCY, AS AMENDED. WHEREAS, there are a number of fences on commercial properties abutting residential properties in this City which, over the course of the years, have fallen into a state of disrepair; and WHEREAS, over the years this Council has established stricter standards for the dimensions and materials used in fences which serve to buffer residential neighborhoods from commercial development; and WHEREAS, it is the desire of this Council to require commercial property owners, whose fences abutting residential area.s have fallen into such a state of disrepair that more than fifty-percent (50%) of the structure must be repaired or replaced, to replace such fences with a new fence that meets current code requirements as determined by the City Planning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That Section 1367.07 of Chapter 1367 of the Rea1 Property Maintenance Code, which presently reads as follows: "1363.07 DUTIES AND RESPONSIBILII'IES OF OWNERS AND OPERATORS. (a) Maintenance of Exterior of Premises; Hazards and Unsanitarv Conditions. The exterior of the premises and the exterior of all structures thereon sha11 be kept free of all nuisances, unsanitary conditions and any hazard to the safety of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following: (1) Refuse. An accumulation of brush, broken glass, stumps and roots that present a safety hazard; also garbage, trash and debris that present an unsanitary and/or a safety hazard. Compost piles, enclosed in a fenced-in area not exceeding twenty four square feet and maintained not closer than thirty feet from adjacent property lines, are exempt from this paragraph. (2) Natural aowth. Dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. (3) Overhangings and awnings. Loose and overhanging objects which, by rea.son of location above ground level, constitute a danger of falling on persons in the vicinity thereof.