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2016-097 Ordinance
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2016-097 Ordinance
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Last modified
8/14/2017 10:41:46 AM
Creation date
11/8/2016 9:54:06 AM
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North Olmsted Legislation
Legislation Number
2016-097
Legislation Date
11/1/2016
Year
2016
Legislation Title
New Chapter 928 To Meet New and Updated Ohio EPA Requirements
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EXHIBIT A: EXISTP_\G CHAPTER 928 <br />928.14 STREETS UTILITIES AND PUBLIC SERVICES CODE 66R-20 <br />928.14 NO RELIEF FROM LIABILITY. <br />Neither submission of a plan under the provisions herein, nor compliance with the <br />provisions of these regulations, shall relieve any person or entity from responsibility for damage <br />to any person or property that is otherwise imposed by law. <br />(Ord. 2012-27. Passed 10-2-12.) <br />928.15 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY. <br />(a) Where this chapter imposes a greater restriction upon land than is imposed or <br />required by other City of North Olmsted provisions of law, ordinance, contract or deed, the <br />provisions of this chapter shall prevail. <br />(b) If a court of competent jurisdiction declares any clause, section, or provision of <br />these regulations invalid or unconstitutional, the validity of the remainder shall not be affected <br />thereby. <br />(c) These regulations shall not be construed as authorizing any person to maintain a <br />private or public nuisance on their property. Compliance with the provisions of this regulation <br />shall not be a defense in any action to abate such nuisance. <br />(d) Failure of the City of North Olmsted to observe or recognize hazardous or <br />unsightly conditions or to recommend corrective measures shall not relieve the owner from the <br />responsibility for the condition or damage resulting therefrom, and shall not result in the City of <br />North Olmsted, its officers, employees, or agents being responsible for any condition or damage <br />resulting therefrom. <br />(Ord. 2012-27. Passed 10-2-12.) <br />928.16 COST OF CONSULTATIONS. <br />In applying these regulations to new developments, the City of North Olmsted Engineer <br />or other City of North Olmsted officials may consult, when reasonably necessary, with the <br />Cuyahoga SWCD, state and federal agencies and other technical experts. All costs associated <br />with such consultations shall be assessed to the owner of the development area or his authorized <br />representative. <br />(Ord. 2012-27. Passed 10-2-12.) <br />928.17 VIOLATIONS; PENALTIES. <br />(a) No person shall violate, or cause, or knowingly permit to be violated, any of the <br />provisions of these regulations, or fail to comply with any such provisions or with any lawful <br />requirements of any public authority made pursuant to these regulations, or knowingly use or <br />cause or permit the use of any lands in violation of these regulations or in violation of any permit <br />granted under these regulations. <br />(b) Whoever violates or fails to comply with any provision of this regulation is guilty <br />of a misdemeanor of the first degree and shall be fined no more than one thousand dollars <br />(51,000) or imprisoned for no more than one hundred eighty (180) days, or both, for each <br />offense. <br />(c) A separate offense shall be deemed committed each day during or on which a <br />violation or noncompliance occurs or continues. <br />(Ord. 2012-27. Passed 10-2-12.) <br />
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