062 Legal Notice

ORDINANCE 14-2016
(Sponsor: Councilmember
Roberts)
DECLARING THE REMAINS OF A DESIGNATED DWELLING (28 SUMMIT STREET, SHELBY, OHIO) TO BE INSECURE, UNSAFE, STRUCTURALLY DEFECTIVE AND UNSAFE TO LIFE AND OTHER PROPERTY; DIRECTING THE DEMOLITION THEREOF BY CITY FORCES OR CONTRACT LABOR, MATERIALS AND EQUIPMENT, AND DECLARING AN EMERGENCY.
WHEREAS, under authority Under the Authority of Chapter 37of the Ohio Revised Code, the City is authorized relating to the removal and repair of buildings and structures for the purposes of safeguarding life and property for the promotion of the peace, health, safety and welfare of the City of Shelby and its inhabitants; and
WHEREAS, the City of Shelby Health Department has, pursuant to the Ohio Revised Code, made its inspection and issued its notice and order as pertains to the remains of the building and structure hereinafter described; and
WHEREAS, the owner or occupant has failed to comply with the order issued by the Health Department; and
WHEREAS, Council is fully advised in this matter by reason of the reports and proceedings of the Health Department.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, OHIO, A TWO-THIRDS (2/3) MAJORITY ELECTED THERETO CONCURRING:
Section 1: That it is hereby determined and declared that the dwelling located on the premises at 28 Summit Street, Shelby, Ohio, Parcel #046-08-143-10-000 and Parcel #046-08-140-08-00, hereinafter is insecure, unsafe, structurally defective and unsafe to life and other property by reason of its hazardous and unsound condition, unsound and unsafe walls, floors, foundation and ceilings, and by reason of want of repair, age and dilapidation; and it is hereby further determined and declared that by reason thereof said building or structure is beyond repair and is a nuisance.
Section 2: That the premises referred to in Section 1 hereof is more fully described in the attached Exhibit A.
Section 3: That the Mayor as Director of Public Safety, the Health Department, and or its Agents are hereby authorized and directed to enter into a contract according to law with a competent and licensed contractor for the provision of labor, materials and equipment for the demolition and removal of the building(s) or structure(s) hereinbefore described, including any fenced, concrete stairs, retaining walls and all appurtenances thereto, together with the removal of all debris and leveling to grade, or to proceed by force account; and to otherwise comply with provisions of the Ohio Revised Code.
Section 4: That the costs authorized in Section 3 above shall be paid from the Health Nuisance abatement fund- line item #225-HEA-625, for any amount up to Twenty Five Thousand ($25,000.00) Dollars.
Section 5: That the Mayor and the Health Department, if they have not already done so, shall notify the owner or occupant to remove all chattels and personal property from the building(s) and/or lot not less than Five (5) days prior to the commencement of demolition and the failure of the owner or occupant to so remove such personal property and chattels shall be deemed an intentional abandonment thereof by such owner or occupant and such property may be subject to salvage rights of the demolition contractor.
Section 6: That any funds expended shall, pursuant to Chapter 37 of the Ohio Revised Code, be certified to the auditor for purposes of real estate tax assessment.
Section 7: That the debris and all materials resulting from the demolition of the structure(s) or buildings(s) shall become the property of the contractor.
Section 8: Notwithstanding the orders herein nothing shall prohibit the owner from entering into an agreement with the Land Bank for the voluntary surrender of said property.
Section 9: That this Ordinance is hereby deemed to be an emergency for the immediate preservation of the public peace, health, safety and welfare of the City of Shelby, Ohio, and, therefore, shall be in full force and effect from and after its passage, approval by the Mayor, and the earliest period allowed by law.
APPROVED: June 20, 2016
Steven McLaughlin
Vice President of Council
APPROVED:
Steven L. Schag Mayor
ATTEST: Steven T. Lifer Clerk of Council
Prepared By:
Gordon M. Eyster
Director of Law 06/27/16



ORDINANCE NO. 13-2016
(Sponsor: Councilmember
Roberts)
AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; APPROVING, ADOPTING AND ENACTING NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation has completed its annual updating and revision of the Codified Ordinances of the City; and
WHEREAS, various ordinances of a general and permanent nature have been passed by Council since the date of the previous updating and revision of the Codified Ordinances (February 17, 2015) and have been included in the Codified Ordinances of the City; and
WHEREAS, certain changes were made in the Codified Ordinances to bring City law into conformity with State Law.
NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE CITY OF SHELBY, A TWO-THIRDS (2/3) MAJORITY ELECTED THERETO CONCURING:
Section 1: That the editing, arrangement and numbering or renumbering of the following Ordinances and parts of Ordinances are hereby approved as parts of the various component codes of the Codified Ordinances of the City, so as to conform to the classification and numbering system of the Codified Ordinances:

Ord. No. Date C.O. Section
1-2015 2-2-2015
258.01-258.04
7-2015 3-16-2015
1050.02
12-2015 5-18-2015
208.03
16-2015 11-3-15, by voters
Charter
20-2015 6-15-2015
1468.02, 1468.06
24-2015 8-3-2015
236.04
25-2015 8-3-2015
242.01
26-2015 8-17-2015
TSO III
27-2015 7-20-2015
TSO IV
31-2015 9-8-2015
1050.02
32-2015 9-21-2015
TSO V
50-2015 12-21-2015
881.01-881.26, 881.99

Section 2: That pursuant to Section 17 of the City Charter and Ohio R.C. 731.23, the Clerk of Council shall cause to be published a copy of this ordinance, together with a summary of the new matter contained in the Codified Ordinances hereby approved, adopted and enacted. Such publication shall be made within ten (10) days of the adoption of this ordinance and shall be made in a newspaper of general circulation in the City.
Section 3: That all ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 2 of this ordinance are hereby repealed as of the effective date of this ordinance expect as follows:
(a) The enactment of such sections and subsections shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification.
(b) The repeal provided above shall not affect any legislation enacted subsequent to February 17, 2015.
Section 4: That all meetings and hearings concerning the adoption of this ordinance have been in compliance with Section 220.01 of the Codified Ordinances, Ohio R.C. 121.22 and the City Charter.
Section 5: That this ordinance is hereby deemed to be an emergency measure necessary for the maintenance of the public health, safety, morals and general welfare of all citizens of Shelby and for the additional reason that it is immediately necessary to have an up-to-date Code of Ordinances, one which is consistent with State law, as required by the Ohio Constitution, with which to administer the affairs of the City and enforce law and order, wherefore this ordinance, and the Codified Ordinances hereby approved, adopted and enacted, shall be in full force and effect immediately from and after its passage and approval by the Mayor and the earliest period allowed by law.
PASSED: June 20, 2016
Steven D. McLaughlin
Vice President of Council
APPROVED:
Steven L. Schag Mayor
ATTEST: Steven T. Lifer
Clerk of Council
Prepared by: Gordon M. Eyster
Director of Law
06/27/16