Laserfiche WebLink
1363.105.5 General Penalty <br />The imposition of the penalties herein prescribed shall not preclude the Building Commissioner <br />from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal <br />occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or <br />utilization of the building, structure or premises. <br />1363.105.6 Minor Nuisance Procedure <br />The following special procedures govern the violations referenced in 1363.107.1, which are <br />subject to penalties by 1363.105.4. <br />a. Upon observation of a first violation that is not deemed to be egregious <br />because of prior convictions or prior violations at the property within the <br />past 12 months or because of the presence of multiple violations at the <br />property, a warning tag and /or Notice of Violation shall be personally served <br />upon the owner and /or operator of the premises or, if not present, securely <br />placed upon the front entrance to the building. Warning tags and /or Notice <br />of Violation shall be issued to the owner and /or, when applicable, also to the <br />operator on forms approved by the Building Commissioner. If, based on the <br />forgoing criteria, an egregious condition exists or if the owner and /or <br />operator of the property fails to abate alleged violations within forty -eight <br />(48) hours following service or placement of a warning tag and /or Notice of <br />Violation upon the property, minor misdemeanor citations may be issued by <br />any person employed by the City and specifically designated by the Building <br />Commissioner. <br />b. Minor misdemeanor citations shall be issued on forms approved by the Clerk <br />of the Mayor's Court and served in accordance with law. The owner and /or <br />operator shall either personally appear before the North Olmsted Mayor's <br />Court to pay a fine or may be excused from personal appearance upon <br />voluntary written waiver and payment in accordance with Mayor's Court <br />procedure. Waiver of appearance before Mayor's Court and voluntary <br />payment of such fine shall not be deemed a formal admission of guilt but <br />shall constitute acknowledgment of the validity of the real property citation <br />and shall preclude the prosecution of the misdemeanor offense alleged on the <br />date therein but shall not preclude subsequent prosecution and enhancement <br />of penalties upon subsequent dates of offense. <br />SECTION 2: That Section 1363.107 of Chapter 1363 of the Real Property <br />Maintenance Code, which presently reads as follow: <br />1363.107 MINOR NUISANCES <br />1363.107.1 General <br />4 <br />