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.? , ? . low CITY OF NORTH OLMSTED ORDINANCE N0. 85- 40 BY: Mr. 0'Grady AN ORDINANCE AMENDING CHAPTER 941 OF THE CODIFIED ORDINANCES, ENTITLED "GARBAGE AND RUBBISH," BY CREATING NEW AND REVISED SECTION 941.08, ENTITLED "REGULATION OF PLACING OF GARBAGE OR RUBBISH IN SETBACK, RIGHT-OF-WAY, AND OTHER AREAS ABUTTING PUBLIC STREETS," WHEREAS, this Council desires to regulate the placement of garbage and rubbish receptacles within certain areas of properties located within the City, including setback, public right-of-way, and other areas abutting public streets, in order to prevent the creation of nuisance conditions, to safeguard the public health, and to protect property values; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION l: That Chapter 941 of the Codified Ordinances of the City of North Olmsted, entitled "Garbage and Rubbish," be and the same is hereby amended by adding new and revised Section 941.08, entitled "Regulation of Placing of Garbage or Rubbish in Setback, Right-of-Way, and Other Areas Abutting Public Streets," which shall read as follows: Section 941.08 Regulation of Placing of Garbage or Rubbish in Setback, Right-of-Way, and Other Areas AbuttinQ Public Streets. (a) Except as permitted within paragraph (b) below, no owner or occupier of any multifamily residential property or commercial establishment within the City shall place or store, cause to be placed or stored, or permit to be placed or stored, garbage or rubbish or any receptacle containing or designed to contain garbage or rubbish, including but not limited to dumpsters, garbage cans and rubbish cans, within any of the following areas of the property or establishment: (1) setback area, as defined within Section 1125.62 of the Zoning Code; (2) any area not defined as a setback, but which nevertheless directly abutts a public street; (3) any area of the public right-of-way. (b) Any owner or occupier of property within the City may place, cause to be placed, or permit to be placed, garbage or rubbish receptacles as defined in paragraph (a) above, within the public right-of-way; provided that such receptacles are placed within a treelawn or other suitable area within the public right-of-way; and further provided that such receptacles are so placed no earlier than upon the evening preceding collection by the City of the street which the treelawn or other area abuts, and removed from the area no later than by 10:00 pm. of the date of collection. (c) Any owner or occupier of pxoperty within the City may apply to the Director of Public Service for a permit to be exempted. from the