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File #: 22-33    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 2/1/2022 In control: City Council
On agenda: 4/5/2022 Final action: 4/5/2022
Title: AN ORDINANCE AMENDING SECTION 1480.04 OF THE CODIFIED ORDINANCES TITLED "ADDITIONAL PROVISIONS; PUBLIC NUISANCES; WEEDS OR TALL GRASS" TO MODIFY THE DEFINITION OF "PUBLIC NUISANCE" AND ADOPT NEW PROVISIONS RELATED TO THE ABATEMENT THEREOF. Brief Description: Proposed amendment to Section 1480.04 to modify the definition of Public Nuisance to address exterior property maintenance concerns.
Sponsors: Chris Foster
Indexes: Community Development
Attachments: 1. Ordinance No. 22-33

Title

AN ORDINANCE AMENDING SECTION 1480.04 OF THE CODIFIED ORDINANCES TITLED “ADDITIONAL PROVISIONS; PUBLIC NUISANCES; WEEDS OR TALL GRASS” TO MODIFY THE DEFINITION OF “PUBLIC NUISANCE” AND ADOPT NEW PROVISIONS RELATED TO THE ABATEMENT THEREOF.

Brief Description:  Proposed amendment to Section 1480.04 to modify the definition of Public Nuisance to address exterior property maintenance concerns. 

Body

Legislative History

None

Purpose & Explanation

City staff work with property owners to address property maintenance issues throughout the community.  Potential violations receive a first contact courtesy letter, proceeding to a second step notification letter, and then a third notice violation letter with mandatory compliance date.  If city staff are unable to find a resolution to the violations through this process, the case is filed in Stow Municipal Court with the guidance of the Law Department and City Prosecutor.  On very rare occasion this process may not yield long term compliance and can cost the property owner and city significant resources.

Section 1480 of the Codified Ordinances currently defines a public nuisance and provides the city the authority to abate a nuisance and apply the costs to the property tax record.  The proposed amendment would expand the existing authority to abate nuisance buildings by adding provisions to abate exterior property maintenance issues.              

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

X                       Other [provide explanation]

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

X                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                       Yes

X                       No

 

Recommendation

Suggested Action

Staff recommends City Council review the proposed amendment, provide City staff direction on ay requested revisions, and act on the proposed ordinance. 

Submitted by,

Jane Howington, City Manager

Thomas J Sheridan, Asst City Manager, Professional Services

Greg Hannan, Community Development Director