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(d) Any other premises abutting the premises involved; and <br />(e) Such other premises as may be ordered to be notified by rule or regulations of the Board or by <br />its special order. The independent record title holder sha11 mean a person, other than the applicant, <br />who, as disclosed by the records of the Auditor of Cuyahoga County, is the owner of record at <br />any date sixty days or more prior to the date of such notice. Notice to the owner of record shall <br />be notice to any purchaser from the owner of record. Nothing herein provided shall be construed <br />as limiting the power of the Board from enlarging on such notice." <br />be amended and, as amended, shall read in its entirety as follows: <br />"1123.09 NOTTCE AND HEARING. <br />(a) The Board of Zoning Appeals shall not grant any variance from the provisions of this Zoning <br />Code, affirm, reverse or modify any ruling or determination of the Building Official, make any <br />requested ruling or grant any special permit except after a public hearing pursuant to public <br />notice. A notice of the date, time and subject matter of the public hearing to be considered by the <br />Board sha11 be given by first class mail, postage prepaid, at least five days prior to the date of such <br />hearing to the applicant or appellant and to the independent record title owners of the foliowing <br />premises: <br />(1) Those on the same side of the street which abut the premises involved; and <br />(2) Those across the street immediately opposite the premises involved and the contiguous <br />abutting properties; and <br />(3) The property ar properties which abut the premises to the rear and the contiguous abutting <br />properties; <br />(4) Any other premises abutting the premises involved; and <br />(5) Such other premises as may be ordered to be notified by rule or regulations of the Board ar by <br />its speeial arder. <br />(b) For purposes of this section "independent record title holder," except as otherwise specifically <br />pravided herein for condaminium praperty, means a persan, who as disclosed by the reeards of <br />the Auditar of the County, is the owner at any date within sixty days of the date of such notice. <br />For condominium praperty, "independent record title halder" rneans the condominium <br />homeawners association far the candominium progerty as disclased by the records of the Auditor <br />or RecQrder of the Caunty. Notiee to a condominium homeowners assaciatian shall be deemed <br />suf6cient if it is addressed ta the Fresident and Secretary of the assaeiatian and mailed to the <br />address far the association listed in the recards of the Auditor or Recorder of the County. Notiae <br />to the independent record title owner shall be notice to any subsequent purchaser of the progerty. <br />Nothing herein provided shall be canstrued as limiting the power of the Bpard fram enlarging an <br />such natice." <br />SECTION 2: That the Clerk of Council be and she is hereby directed to cause notice of a <br />Public Hearing hereon to be given pursuant to the provision of Section 14 of Article IV of the Charter <br />of the City. <br />SECTION 3: That the operation of any Ordinance, or part of any Ordinance in conflict or <br />inconsistent with any provision of this Ordinance is, to the extent of any such conflict or <br />inconsistency, repealed. <br />2