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2025-074 Ordinance
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2025-074 Ordinance
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Last modified
8/22/2025 10:44:09 AM
Creation date
8/20/2025 2:31:45 PM
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North Olmsted Legislation
Legislation Number
2025-074
Legislation Date
8/19/2025
Year
2025
Legislation Title
Demolition of 5035 Porter Road
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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2025 - 74 <br />BY: Mayor Jones <br />AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC <br />SAFETY TO CONTRACT FOR AND PROCEED WITH DEMOLITION <br />AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 5035 <br />PORTER ROAD, IN THE CITYOFNORTH OLMSTED, ASA PUBLIC <br />NUISANCE, AND FURTHER DIRECTING THAT ABATEMENT <br />COSTS BE CERTIFIED AS A LIEN UPON SAID PARCEL, <br />PURSUANT TO R.C. 715.26 AND 715.261, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, by and through the attached administrative order dated May 5, 2025 <br />("Condemnation Order"), the Building Commissioner determined that the buildings <br />located at 5035 Porter Road, North Olmsted are unsafe and constitute a public nuisance as <br />defined by NOCO §§ 1363.108 and 1364.107, and ordered repair and abatement thereof, <br />or demolition and removal to abate the nuisance; and <br />WHEREAS, the Condemnation Order was based in part upon the City's inspection <br />reports upon execution of an administrative search warrant on April 24, 2025, a summary <br />of which is attached as returned to the Rocky River Municipal Court; and <br />WHEREAS, the title property owner and lienholders were notified of the <br />Condemnation Order as required by NOCO §§ 1363.108.7, 1364.107.4 and Revised <br />Code§§ 715.26 and 715.261 and, absent a formal appeal to the Board of Building and <br />Zoning Appeals, the Condemnation Order has been rendered a final administrative order; <br />and <br />WHEREAS, in addition to the Condemnation Order, the City of North Olmsted has <br />pursued multiple criminal prosecutions and civil actions against the titled owner, including <br />Rocky River Municipal Court Case No. 24CVH0930, however the unsafe structure and <br />nuisance conditions have not been voluntarily repaired or abated, nor has voluntary <br />demolition proceeded, but rather the nuisance conditions have persisted unabated for a <br />substantial time period; and <br />WHEREAS, the titled owner was prosecuted and convicted in Rocky River <br />Municipal Court, including Case Nos. 23CRB0007 and 23CRB1233, based on offense <br />dates commencing ll/l/22 and persisting through 5/14/25, at which point the Court <br />Sentence included an Order to Abate violations and deferred a fine of $15,000.00 and 30 <br />days of jail to commence 8/27/25; and <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 and <br />Revised Code §§ 715.26 and 715.261, to declare a public nuisance and to authorize <br />
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