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2018-097 Ordinance
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2018-097 Ordinance
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Last modified
11/21/2018 4:02:22 PM
Creation date
11/21/2018 3:54:44 PM
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North Olmsted Legislation
Legislation Number
2018-097
Legislation Date
11/20/2018
Year
2018
Legislation Title
Amend Sections of 1363.100
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107 Exterior Property Maintenance Code 1363.100 <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 because of <br />prior convictions or prior violations at the property within the past 12 months or <br />because of the presence of multiple violations at the property, a warning tag <br />and/or Notice of Violation shall be personally served upon the owner and/or <br />operator of the premises or, if not present, securelylaced upon the front entrance <br />to the building. Warning togs and/or Notice of Violation shall be issued to the <br />owner and/or, when applicable, also to the operator on forms approved by the <br />Building Commissioner. If, based on the forgoing criteria, an egregious condition <br />exists or if the owner and/or operator of the property fails to abate alleged <br />violations within forty-eight (48) hours following service or placement of a <br />warning tag and/or Notice of Violation upon thepproperty, minor misdemeanor <br />citations may be issued by any person employed by the City and specifically <br />designated by the Building Commissioner. <br />b. Minor misdemeanor citations shall be issued on forms approved by the Clerk of <br />the Mayor's Court and served in accordance with law. The owner and/or operator <br />shall either personally appear before the North Olmsted Mayor's Court to pay a <br />fine or may be excused from personal appearance upon voluntary written waiver <br />and payment in accordance with Mayor's Court procedure. Waiver of appearance <br />before Mayor's Court and voluntary payment of such fine shall not be deemed a <br />formal admission of guilt but shall constitute acknowledgment of the validity of <br />the real property citation and shall preclude the prosecution of the misdemeanor <br />offense alleged on the date therein but shall not preclude subsequent prosecution <br />and enhancement of penalties upon subsequent dates of offense. <br />(Ord. 2014-37. Passed 6-3-14.) <br />1363.106 NOTICE OF VIOLATION <br />1363.106.1 Notice of Violation <br />The Building Commissioner shall serve Notice of Violation (hereinafter referred to as "Notice" <br />or "Notice of Violation") on all persons, firms, or corporations, or the agent or property manager <br />of a person, firm or corporation identified as the owner or occupant of such property found to be <br />in conflict with or in violation of any of the provisions of this code. <br />1363.106.2 Form of Notice of Violation <br />Whenever the Building Commissioner determines that there has been a violation of this code or <br />has grounds to believe that a violation has occurred, Notice shall be given in accordance with the <br />following: <br />a. The Notice shall be in writing; <br />b. The Notice shall be sent to the person, firm, or corporation listed by the Cuyahoga <br />County editor's ^f{:. Fiscal Officer as owner of the property or the person, <br />firm or corporation identified as the occupant of such property. Such Notice may <br />also be sent to the agent or property manager of a person, firm or corporation <br />identified as the owner or occupant of such property; <br />
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