2023-039 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2023 - 39 BY: Mayor Jones AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO CONTRACT FOR AND PROCEED WITH DEMOLITION AND REMOVAL OF UNSAFE STRUCTURE LOCATED AT 14094 FRANK STREET, IN THE CITY OF NORTH OLMSTED, AS A PUBLIC NUISANCE, AND FURTHER DIRECTING THAT ABATEMENT COSTS BE CERTIFIED AS A LIEN UPON SAID PARCEL 231-23-026, PURSUANT TO R.C. 715.261, AND DECLARINGANEMERGENCY. WHEREAS, by and through administrative order dated November 1, 2022 ("Condemnation Order"), the Building Commissioner determined that the detached garage structure located at 24094 Frank St., North Olmsted, OH 44070 is an "unsafe structure" and constitutes a public nuisance as defined by NOCO §§ 1363.108 and 1364.107, and ordered repair or demolition and removal to abate the nuisance; WHEREAS, the titled property owner and lienholders were notified of the Condemnation Order as required by law and failed to appeal to the Board of Building and Zoning Appeals, rendering the Condemnation Order a final administrative order, WHEREAS, in addition to the Condemnation Order, the Building Commissioner had previously pursued criminal prosecution against both the titled property owner and lienholder of record, however the unsafe structure and nuisance conditions have not been voluntarily repaired or abated, nor has voluntary demolition proceeded, but rather nuisance conditions have persisted since the deadline of December 1, 2022; WHEREAS, it is the desire of this Council, based upon the evidence and findings of the Condemnation Order, and in accordance with NOCO §§ 1363.108 and 1364.107 and Revised Code § 715.26, to declare a public nuisance and to authorize the Director of Public Safety to cause the unsafe and dangerous structure (detached garage only) located at 24094 Frank St. in the City of North Olmsted to be demolished and removed in order to abate the public nuisance arising therefrom, and to further authorize that the costs of demolition and removal to be certified and placed upon the tax duplicate of the premises as a lien upon said premises NOCO §§ 1363.108.7, 1364.107.4 and Revised Code 715.261; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That this Council finds and determines and declares that a public nuisance exists, specifically the subject detached garage, based on the Condemnation Order dated 11/1/22, a copy of which is attached as Exhibit A and incorporated, and due to the interested parties' failure to comply therewith, and that the persistence of said public nuisance conditions for over one (1) year, notwithstanding repeated efforts and