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CITY OF NORTH OLMSTED ORDINANCE NO. 2008 - 73 BY: Council Members Barker and Mahoney AN ORDINANCE AMENDING SECTION 1331.13 OF THE BUILDING CODE IN ORDER TO MORE EFFECTIVELY COMPORT WITH FOURTH AMENDMENT CONSTITUTIONAL REQUIREMENTS. WHEREAS, the Law Department has recently conducted a review of various City Code provisions authorizing building and other officials to enter onto private property to conduct inspections related to health, safety and/or welfare; and WHEREAS, the Director of Law, following said review, recommends that Section 1331.13 of the Building Code, which provides authority to the Building Official to enter onto private property to conduct inspections to determine whether a building is unsafe, dangerous or constitutes a nuisance, be amended to better comport with requirements imposed upon governments by the Fourth Amendment to the United States Constitution; and WHEREAS, it is the desire of this Council, acting upon the recommendation of the Director of Law, to accordingly amend Section 1331.13 of the Building Code in order to more effectively comport with requirements arising out of the Fourth Amendment to the United States Constitution regarding entries onto and searches upon private property; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That Section 1331.13 (Authority of Building Commissioner to Examine Premise) of Chapter 1331 (Dangerous or Unsafe Buildings) of the City of North Olmsted Building Code, which presently reads as follows: 1331.13 AUTHORITY OF BUILDING COMMISSIONER TO EXAMINE PREMISES. (a) The Building Commissioner or any building inspectar or other official designated by the Building Commissioner shall be authorized, upon presentation and explanation of official authorization and identification, to examine or inspect, upon entry or survey, any building or dwelling within the City, to determine whether such building or dwelling is dangerous, unsafe or constitutes a nuisance, as provided by t:his chapter. Such review shall be conducted, to the extent practical, during regular business hours (Monday - Friday between 8:30 a.m. and 4:30 p.m.), unless special circumstances or an emergency situation requires an exception. Such review shall be conducted upon the consent of the property owner or other persons authorized to grant consent to enter and inspect, which consent shall be documented in writing, unless special circumstances dictate another time or an emergency situation requires immediate action.