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Ordinance 2015-063
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Ordinance 2015-063
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9/2/2015 6:29:24 PM
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9/2/2015 6:29:24 PM
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North Olmsted Legislation
Legislation Number
2015-063
Legislation Date
9/1/2015
Year
2015
Legislation Title
New Chapter 1364 Interior Maintenance Code
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The Building Commissioner is authorized to enter any structure or premises within the City governed by <br /> this Chapter at reasonable times to inspect subject to constitutional restrictions on unreasonable <br /> searches and seizures. If entry is refused or not obtained, the Building Commissioner is authorized to <br /> pursue access to the premises allowed by law, including, but not limited to, the acquisition of an <br /> administrative search warrant. <br /> 1364.104.5 Identification <br /> The Building Commissioner shall carry proper identification when inspecting structures or premises in the <br /> performance of duties under this code. <br /> 1364.104.6 Notices and orders <br /> The Building Commissioner shall issue all necessary notices or orders to ensure compliance with this <br /> code. <br /> 1364.105 VIOLATIONS <br /> 1364.105.1 Unlawful acts <br /> It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the <br /> provisions of Chapter 1364, including, the failure of any person, firm or corporation to comply with any <br /> order issued by the Building Commissioner pursuant to this code requiring any act to be undertaken. <br /> 1364.105.2 Notice of Violation <br /> The Building Commissioner shall serve Notice of Violation in accordance with Section 1364.106. <br /> 1364.105.3 Prosecution of violation <br /> If a person, firm, or corporation to whom a Notice of Violation has been served does not bring the <br /> property at issue into compliance with the provisions of this code by the deadline established in the Notice <br /> of Violation or by the granted deadline extension, if any, such person shall be guilty of violation of this <br /> code and subject to the penalties set forth in Section 1364.105.4. If the Notice of Violation is not complied <br /> with, the Building Commissioner may institute the appropriate proceeding at law or in equity (including <br /> action for injunctive relief)to restrain, correct or abate such condition, or to require the removal or <br /> termination of the unlawful occupancy or use of the premises or structure in violation of the provisions of <br /> this code or of the order or direction made pursuant thereto. <br /> 1364.105.4 Violation penalties <br /> Failure to correct the conditions set forth in the Notice of Violation within the time allowed in such Notice <br /> or any extension to such Notice shall constitute a criminal misdemeanor offense for the unabated <br /> conditions set forth in the Notice of Violation and, additionally, a separate criminal misdemeanor offense <br /> for the failure to comply with the order of the Building Commissioner, as required in Section 1364.105.1. <br /> Upon conviction of unabated violation(s), the owner and/or occupier shall be fined not more than one <br /> thousand dollars ($1,000) or imprisoned for not more than 180 days, or both. Each day such violation <br /> continues shall be deemed a separate offense. Any other person who commits, participates in or assists <br /> in the continuation of such violation may each be found guilty of a separate offense and suffer the <br /> penalties provided herein. <br /> 1364.105.5 General penalty <br /> The imposition of the penalties herein prescribed shall not preclude the Building Commissioner from <br /> instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a <br />
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