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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2008 - 72 <br />BY: Council Members Barker and Mahoney <br />AN ORDINANCE AMENDING SECTION 1117.05 OF THE ZONING <br />CODE IN ORDER TO MORE EFFECTIVELY COMPORT WITH <br />FOURTHAMENDMENT CONSTITUTIONAL REQUIREMENTS. <br />WHEREAS, the Law Department has recently conducted a review of various City <br />Code provisions authorizing building and other officials to enter onto priivate property to <br />conduct inspections related to health, safety andlor welfare; and <br />WHEREAS, the Director of Law, following said review, recommends that <br />Section 1117.05 of the Zoning Code, which provides general authority to the Building <br />Official to enter onto private property to conduct inspections and to cite property ownerE <br />who refuse to permit such entry, be amended to better comport with requirements <br />imposed upon governments by the Fourth Amendment to the United States Constitution; <br />and <br />WHEREAS, it is the desire of this Council, acting upon the recommendation of <br />the Director of Law, to accordingly amend Section 1117.05 of the Zoning Code in order <br />to more effectively comport with requirements arising out of the Fourth Amendment to <br />the United States Constitution regarding entries onto and searches upon private property; <br />and <br />WHEREAS, the Planning & Design Commission on the 4n' day of <br />1At- , 2008, by formal motion, (recommended - did not recommend) (with <br />suggested c anges) that this Ordinance be adopted; and <br />WHEREAS, following publication of newspaper notice in conformance with the <br />provisions of Section 14 of Article IV of the Charter of the City of North Olmsted anu <br />Section 1127.03 of the North Olmsted Zo ' Code, a public hearing was held on this <br />proposed legislation on the day of , 2008; <br />-r- <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That Section 1117.05 (Power to Enforce) of Chapter 1117 <br />(Administration and Enforcement) of the City of North Olmsted Zoning Cude, which <br />presently reads as follows: <br />1117.05 POWER TO ENFORCE. <br />In addition to any other power given to the Building Official by law or <br />ordinance, the Building Official is empowered and authorized at reasonable times, to