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2022-118 Ordinance
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2022-118 Ordinance
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Last modified
12/1/2022 12:09:36 PM
Creation date
12/1/2022 12:06:43 PM
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North Olmsted Legislation
Legislation Number
2022-118
Legislation Date
11/29/2022
Year
2022
Legislation Title
Demolish 28757 Oring Drive
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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2022 - 118 <br />BY: Mavor.loncs <br />AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO <br />CONTRACT FOR AND PROCEED WITH DEMOLITION AND REMOVAL OF <br />UNSAFE STRUCTURES LOCATED AT 28757 ORING DRIVE, IN THE CITY OF <br />NORTH OLMSTED, AS A PUBLIC NUISANCE, AND FURTHER DIRECTING <br />THAT ABATEMENT COSTS BE CERTIFIED AS A LIEN UPON SAID PARCEL, <br />PURSUANT TO R.C. 715.261, AND DECLARING AN EMERGENCY. <br />WHEREAS, by and through administrative order dated August 31, 2021 <br />("Condemnation Order"), the Building Commissioner determined that the buildings <br />located at 28757 Oring Drive, North Olmsted are unsafe and constitute a public nuisance <br />as defined by NOCO §§ 1363.108 and 1364.107, and ordered repair or demolition and <br />removal to abate the nuisance. <br />WHEREAS, the title property owner and lienholders were notified of the <br />Condemnation Order as required by law and failed to appeal to the Board of Building and <br />Zoning Appeals, rendering the Condemnation Order a final administrative order: <br />WHEREAS, in addition to the Condemnation Order. the Building Commissioner <br />pursued both criminal and civil prosecution against both the titled property owner and <br />lienholder of record, however the unsafe structure and nuisance conditions have not been <br />voluntarily repaired or abated. nor has voluntary demolition proceeded. but rather <br />nuisance conditions have persisted; <br />WHEREAS, it is the desire of this Council, based upon the evidence and findings <br />of the Condemnation Order, and in accordance with NOCO §§ 1363.108 and 1364.107 <br />and Revised Code § 715.26. to declare a public nuisance and to authorize the Director of <br />Public Safety to cause the unsafe and dangerous structures located at 28757 Oring Drive <br />in the City, of North Olmsted to be demolished and removed in order to abate the public <br />nuisance arising therefrom. and to further authorize that the costs of demolition and <br />removal to be certified and placed upon the tax duplicate of the premises as a lien upon <br />said premises NOLO §§ 1363.108.7. 1364.107.4 and Revised Code 715.261; <br />NOW THEREFORE, BE IT ORDAINED BY 'THE COUNCIL OF THE <br />CITY OF NORTH OLMSTED, CUYAHOCA COLNTY, AND STATE OF 01110: <br />SECTION l: That this Council finds and determines. based on the Condemnation <br />Order dated 8/31/21, and the interested parties' failure to comply therewith, and the <br />persistence of nuisance conditions for over one ( I ) year notwithstanding repeated <br />enforcement actions in Court, that a public nuisance exists at 28757 Oring Drive. and that <br />demolition of unsafe structures is necessary to protect the health, safety and general <br />well of the citizens. <br />
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