designed to be a question and answer session Pledge of Allegiance Moment ofsilence Roll Call

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1 DOCKET OF AMEETING OF THE LAKEWOOD CITY COUNCIL TO BE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITY HALL DETROIT AVENUE FEBRUARY PM of each The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays month at730pm except that when such meeting date falls on a holiday such meeting shall instead be held on the followingday A Docket and Agenda ofthe business proposed to behansacted by be available in the Clerk s Office and on the City s website http onelakewood com the Friday before a Council meeting Council will after noon on Section ofthe Codified Ordinancesofthe City oflakewood establishes rules for the public tofollow when speaking before Council ADDRESSING COUNCIL The President may recognize any non member for addressing Council on any question then pending hr such cases the person recognized shall address the chair state his or her name and address and the subject matter he or she desires to discuss Speakers must be courteous in theh language and avoid personalities When addressed by the Chair the speaker must yield the floor and comply with all rulings ofthe chair said rulings not being open to debate Except with permission of Council specifically given speakers shall be limited to five minutes No person who has had the floor shall again be recognized until all others desiring an opportunity to speak have been given an opportunity todo so AGENDA ITEMS PROTOCOLA citizen must first write his or her name address and agenda item number on the designated sign in sheet in orderto be recognized The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign in Presidentof Council Speakers will address Council after being called by the Chair PUBLIC COMMENT PROTOCOL sheet to the A citizen must write his or her name address and topic on the designated sign in sheet in order to be recognized The clerk at the end ofthe meeting will present the PUBLIC COMMENT sign in sheet to the President of Council Public Comment will be welcomed at the end ofthe Council Meeting on miscellaneous issues or issues other than agenda items The forum is not designed to be a question and answer session I II III Pledge of Allegiance Moment ofsilence Roll Call Reading and disposal of the Minutes of the Regulu Meeting of Council held Januazy Reports legislation and communications from Members of Council the Mayor and other City Officials

2 OLD BUSINESS Committee of the Whole Report regarding 2012 Council Appointments Proposed Business Summit and Community Block Grant Fund Reductions To Be Provided 2 RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five 5 members ofcouncil otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as an ex officio Trustee ofthe Lakewood Hospital Association Board for a full two year term ending December REFERRED TO COMMITTEE OF THE WHOLE Pg 11 3 RESOLUTIONN A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as an ex officio Trustee ofthe Lakewood Hospital Association Board for a full two year term ending December REFERRED TO COMMITTEE OF THE WHOLE Pg 12 4 RESOLUTION N A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a member of Community Reinvestment Area Housing Council for the tluee 3 year term beginning January and ending December REFERRED TO COMMITTEE OF THE WHOLE Pg 13 5 RESOLUTIONN A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a member of Community Reinvestment Area Housirig Council for the tluee 3 year term beginning January and ending December REFERRED TO COMMITTEE OF THE WHOLE 17 12Pg 14 6 RESOLUTIONN A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shalt take effect and be in force after the earliest period allowed by law to appoint as a member of the City of Lakewood Board of Nuisance Abatement Appeals for athree year term ending December REFERRED TO COMMITTEE OF THE WHOLE Pg 15 Finance Committee Report regarding Amendments to 2012 Financial Ordinances Be Provided To 8 ORDINANCE NO 12 AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law to establish appropriations

3 for current expenses and other expenditures of the City of Lakewood State of Ohio for the fiscal year ending December PLACED ON 1sT READING REFERRED TO THE FINANCE COMMITTEE Pg 16 9 ORDINANCE NO 58 11A AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law amending Ordinance58 11 adopted December for the purpose of adding deleting and increasing contracting authority for the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager to enter into contracts for professional services and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies services and equipment as authorized by the 2012 Appropriation Ordinance and the Administrative Code of the City oflakewood with the lowest and best bidder or bidders or as otherwise provided by law PLACED ON 1sT READING COMMITTEE Pg 29 REFERRED TO THE FINANCE 10 ORDINANCE NO 60 11A AN ORDINANCE to take effect immediately provided it received the affirmative vote ofat least five 5 members ofcouncil or otherwise it shall take effect and be in force after the earliest period allowed by law amending Ordinance No and authorizing the Mayor Director ofpublic Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager to enter into contracts for Memberships as authorized by the 2012 Appropriation Ordinance and the Administrative Code ofthe City oflakewood contracts notto exceed without separate Resolution of Council PLACED ON 1sT READING REFERRED TO THE FINANCE COMMITTEE Pg ORDINANCE NO61 11A AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members ofcouncil or otherwise to take effect and be in force after the earliest period allowed by law to amend Ordinance adopted December to amend Chapter 915 Water Rates of the Codified Ordinances of the City of Lakewood for the purpose of adjusting water rates charged against each lot parcel of land or premises which may have an active water connection with the Municipal water system PLACED ON 1sT READING REFERRED TO THE FINANCE COMMITTEE Pg ORDINANCE NO 62 11A AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five5 members ofcouncil or otherwise to take effect and be in force after the earliest period allowed by law amending Ordinance adopted December to amend section Rates and Charges of the Codified Ordinances of the City of Lakewood for the purpose of adjusting sewer rates charged against each lot parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof PLACED ON 1ST READING REFERRED TO THE FINANCE COMMITTEE 17 12Pg 45 3

4 13 Housing Committee Report regarding Ordinances Nos Housing Strategy Update To Be Provided 14 ORDINANCE NO AN ORDINANCE amending Chapter 1301 Regional Dwelling House Code to update its language and references to be consistent with the City of Lakewood sstate certification and current Ohio law PLACED ON 1sT READING REFERRED TO THE HOUSING COMMITTEE ND READING1312 Pg ORDINANCE NO AN ORDINANCE amending Chapter 1302 Ohio Basic Building Code to update its language and references to be consistent with the City of Lakewood sstate certification and current Ohio law PLACED ON 1sT READING REFERRED TO THE HOUSING COMMITTEE ND READING 1312 Pg ORDINANCE NO AN ORDINANCE repealing Chapter 1304 National Electrical Code to be consistent with the City of Lakewood sstate certification and current Ohio law PLACED ON 1sT READING COMMITTEE ND READING1312 Pg 69 REFERRED TO THE HOUSING 17 ORDINANCE NO AN ORDINANCE repealing Chapter 1310 Residential Code for One Two and Three Family Dwellings to be consistent with the City of Lakewood sstate certification and current Ohio law PLACED ON 1sT READING REFERRED TO THE HOUSING COMMITTEE ND READING1312 Pg 71 NEW BUSINESS 18 Communication from Councilmember Powers regarding Proposed Amendment of Section Pg ORDINANCE N0 212 AN ORDINANCE amending Section ofthe Codified Ordinances Exception Registration and Fee for the purpose of permitting temporary exceptions to the prohibition of pit bull dogs and canary dogs benefiting licenses veterinarians and animal hospitals and approved animal rescue organizations Pg Communication from Council President Powers regarding Boards and Commissions Ad hoc Committee Pg Communication from All Members of Council and Mayor Summers regarding Supporting Cuyahoga County Health Human Services Renewal Levy March Pg RESOLUTION NO A RESOLUTION supporting Issue 15 the Cuyahoga County Health Human Services Renewal Levy 2012 Pg 86A 4

5 23 Communication from Councilmember Nowlin regarding Re Appointment of John Mitterholzer to the Citizens Advisory Committee Pg Communication from Councilmembers Smith and Madigan regarding Prohibiting Smoking in Parks Pg Communication from Mayor Summers regarding Appointment to Planning Commission Pg Communication from Mayor Summers regarding Appointments to Heritage Advisory Board and the Board ofnuisance Abatement Appeals Pg Communication from Mayor Summers regarding Appointment to the Board ofnuisance Abatement Appeals Pg Communication from Mayor Summers regarding Appointment to the Board of Zoning Appeals Pg Communication from Mayor Summers regarding Appointment to the Board of Building Standards and Building Appeals Pg Communication from Mayor Summers regarding Appointment to the Citizens Advisory Committee Pg Communication from Mayor Summers regarding City and Schools Memorandum of Understanding for Shared and Reciprocal Use offacilities Pg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the vote ofat least five 5 members ofcouncil or otherwise to take effect at the earliest period allowed by law authorizing the Mayor to enterinto an agreement with the Superintendent of Lakewood City Schools committing the City of Lakewood to a memorandum of understanding regarding the shared and reciprocal use of facilities Pg Communication from Finance Director Pae regarding 2012 Capital Contracting Ordinances Pg ORDINANCE NO312 AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety thedirector ofpublic Works the DirectorofLaw the Director of Finance and or the Purchasing Manager to advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code ofthe City oflakewood for the purchase ofstreet Signs and Traffic Signals with

6 contracts not to exceed the specified amounts shown without separate Council Pg 103 resolution of 35 ORDINANCE NO412 AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five members of Council otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Managet to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Buildings Facilities Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil Pg ORDINANCE NO 512 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force aftet the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety the Director ofpublic Works the Director oflaw the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the Wastewater System Replacement Program in accordance with the Administrative Code ofthe City oflakewood contracts not to exceed the specified amounts shown without separate resolution of Council Pg ORDINANCE NO 612 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety thedirector ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder forcdbg FundInfi astructure Improvements in accordance with the administrative code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution of Council Pg ORDINANCE NO 712 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder fot Signs Traffic Signals in accordance with 6

7 the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution of Council Pglll 39 ORDINANCE NO 812 AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five5 members ofcouncil or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety the Director ofpublic Works the Director oflaw the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Buildings Facilities Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncilpg ORDINANCE NO 912 AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Directot of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Sidewalk Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution of Council Pg ORDINANCE NO AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members ofcouncil or otherwise totake effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety the Director ofpublic Works the Director oflaw the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Street Infrastructure Improvements in accordance with the Administrative Code of the City of Lakewood exceed the specified amounts shown without separateresolution ofcouncilpg 117 contracts not to 42 ORDINANCE NO AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Putchasing Manager to advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code ofthe City oflakewood for the purchase ofvehicles Machinery and Equipment in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil Pg 119 7

8 43 ORDINANCE NO 12 AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director ofpublic Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder fox the Water System Replacement Program in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil Pg Communication from Law Director Butler regarding Update of criminal theft ordinance following passage of 129HB 86 Pg ORDINANCE NO AN ORDINANCE to take effect inunediately provided it receives the affirmative vote ofat least five 5 members of Council or otherwise totake effect at the earliest period allowed by law amending Sections Cheating Falsification Arson Petty Theft Insurance Fraud Passing Bad Checks Misuse of Credit Cards Tampering with Records Securing Writings by Deception Receiving Stolen Property Criminal Simulation and Taking the Identity of Another of the Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted state code affecting the classification of misdemeanor theft related offenses and providing additional protections to victims of receiving stolen property Pg Communication from Law Director Butler regarding Update ofwater and sewer service collection ordinances Pg ORDINANCE NO AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five 5 members of Council or otherwise to take effect at the earliest period allowed by law amending Sections Nonpayment of Bills Shut Off for Nonpayment and Establishment of Rates of the Codified Ordinances of the City of Lakewood for the purpose of strengthening the procedure involving collection ofmunicipal water and sewer utility bills Pg Communication from Planning Development Director Siley regarding Sale Ordinance Pg ORDINANCE NO AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members elected to Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Director of Planning and Development to enter into an agreement with a licensed real estate broker to market for sale various parcels of real property further described in Exhibit A currently owned by the City of Lakewood pursuant to Section 8

9 155 07of the Codified Ordinances Pg Communication from Public Works Director Beno regarding Parks closing times Pg ORDINANCE NO AN ORDINANCE amending Section Hours Open to the Public to allow the Director of Public Works tocontrol park hours by season and events in an effort to curtail vandalism Pg Communication from Public Works Director Beno regarding Nature Works Application Pg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing the City of Lakewood to execute and file an application with the Ohio Department of Natural Resources for financial assistance tluough thenatureworks Program Pg Communication from Fire Chief Gilman regarding Resolution authorizing an agreement with Cuyahoga County to receive funds from the FY2010 State Homeland SecurityGrant Program for the Community Emergency Response Team CERTPg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing the City of Lakewood to enter into an agreement with Cuyahoga County to accept Homeland Security grant funds in the amount of1300 for the Community Emergency Response Team CERT Pg Communication from Human Services Director Buckon regarding Resolution of Partnership with West Side Community House for Co location of Tapestry System of Care Parent and Youth Advocates and Care Coordinators Pg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members elected to Council otherwise to take effect and be in force after the earliest possible period allowed by law to allow the Mayor or his designee on behalf of the City to extend for a period of approximately three months the Agreement with The West Side Community House toco locate Parent and Youth Advocates and a Tapestry System of Care TSOC Care Coordinator and receive reimbursement for costs associated with providing space for those positions in an amount currently estimated to be 4500 Pg Communication from Human Services Director Buckon regarding Help to Others H20 Summer Camp Fees Pg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect 9

10 and be in force after the earliest period allowed by law establishing rates for each two week session ofthe Help to Others H2O Summer Camp a program ofthe Lakewood Department of Human Services Division ofyouth effective June Pg Communication from Human Services Director Buckon regarding Juvenile Diversion Program Pg RESOLUTION NO A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five S members of Council otherwise to take effect and be in force after the earliest period allowed by law authorizing the Mayor or his designee to enter into an Agreement with the Cuyahoga County Juvenile Court to accept funds in an amount estimated at forthecity s Juvenile Diversion Program Pg

11 REFERRED TO THE COMhiZTTEE OF THE WHOLE RESOLUTION NO BY A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a an ex officio Trustee of the Lakewood Hospital Association Board for a full two year term ending December WHEREAS this Council by a vote of at least five 5 of its members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that this position is currently vacant Now Therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Council hereby appoints as an ex officio Trustee of the Lakewood Hospital Association Board for a full two year term ending December Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 3 That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution and provided it receives the affirmative vote of at least five 5 Members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President Clerk Approved Mayor 11

12 REFERRED TO THE COMMITTEE OF THE WHOLE RESOLUTION N BY A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a an ex officio Trustee of the Lakewood Hospital Association Board for a full two year term ending December WHEREAS this Council by a vote of at least five 5 of its members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that this position is currently vacant Now Therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Council hereby appoints as an ex officio Trustee of the Lakewood Hospital Association Board for a full two year term ending December Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 3 That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution and provided it receives the affirmative vote of at least five 5 Members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President Clerk Approved Mayor 12

13 REFERRED TO THE COMMITTEE OF THE WHOLE RESOLUTION NO BY A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a member of the Community Reinvestment Area Housing Council for the three3 year term beginning January and ending December WHEREAS this Council by a vote of at least five 5 ofits members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECITONS 10 and 13 ofthe SECOND AMENDED CHARTEROF THE CITY OF LAKEWOOD and that it is necessary for the immediate reservation of the public property health and safety and to provide for the usual daily operation of municipal departments in order to fulfill the requirements of Section of the Ohio Revised Code in a timely manner and to provide timely membership on the Community Reinvestment Area Housing Council Now therefore BE IT RESOLVED BY THE CITYOF LAKEWOOD STATE OF OHIO Sectioni Pursuant to Resolution 5304 adopted May and Section of the Ohio Revised Code Council hereby appoints as a member of the Community Reinvestment area Housing Council for the three 3 year term beginning January and ending December Section 2 That the Clerk ofcouncil shall forward a certified copy ofthis Resolution to the Secretary of the Community Reinvestment Area Housing Council Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting ofthis Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and for the usual daily operation of the City for the reasons set fa4h and defined in the preamble to this resolution and provided it receives the affirmative vote ofat least five5 members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in farce after the earliest period allowed by law Adopted PRESIDENT Approved CLERK MAYOR 13

14 REFERRED TO THE COMMITTEE OF THE WHOLE RESOLUTION NO BY A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to appoint as a member of the Community Reinvestment Area Housing Council for the three 3 year term beginning January and ending December WHEREAS this Council by a vote of at least five 5 ofits members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECITONS 1 O and 13 ofthe SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary forthe immediate reservation of the public property health and safety and to provide for the usual daily operation of municipal departments in order to fulfill the requirements of Section of the Ohio Revised Code in a timely manner and to provide timely membership on the Community Reinvestment Area Housing Council Now therefore BEIT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 Pursuant to Resolution 5304 adopted May I 1978 and Section of the Ohio Revised Code Council hereby appoints as a member of the Community Reinvestment area Housing Council for the three 3 year term beginningjanuary and ending December Section 2 That the ClerkofCouncil shall forward a certified copy ofthis Resolution to the Secretary of the Community Reinvestment Area Housing Council Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council and of any of its committees that resulted in such formal action were in meetings open tothe public in compliance with all legal requirements Section 4 That this resolution is hereby declared tobe an emergency measure necessary for the immediate preservation ofthe public peace properly health safety and welfare in the City and for the usual daily operation ofthe City for the reasons set forth and defined in the preamble to this resolution and provided it receives the affirmative vote ofat least five5 members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval bythe Mayor otherwise it shall take effect and be in farce after the earliest period allowed bylaw Adopted PRESIDENT Approved CLERK MAYOR 14

15 REFERRED TO THE COMMITTEE OF WHOLE THE RESOLUTIONNO BY A RESOLUTION to take effect immediately provided it received the affirmative vote of at leastfive5 members ofcouncil otherwise it shall take effect and be in force after the earliest as a member of the City oflakewood period allowed by law to appoint Board ofnuisance Abatement Appeals for athree year term ending December WHEREAS this Council by a vote ofat leastfive 5 ofits members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe publicproperty health and safety and to provide for the usual daily operation of municipal departments in that this appointment is necessary to allow the Board of Nuisance Abatement Appeals to commence its duties Now therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Council hereby appoints as a member of the City of Lakewood Board of Nuisance Abatement Appeals for athree year term ending December Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis resolution were adopted in an open meeting ofthis council and that all such deliberations ofthis Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 3 That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and for the usual daily operation ofthe City for the reasons set forth and defined in the preamble to this resolution and provided it receives the affirmative vote of at least five 5 ofits members elected to Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise after the earliest period allowed bylaw it shall take effectand be in force Adopted President Clerk Mayor 15

16 PLACED ON 1ST READING REFERRED TO THE FINANCE COMMITTEE ORDINANCE NO 12 BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law to establish appropriations for current expenses and other expenditures ofthe City oflakewood State ofohio for the fiscal year ending December WHEREAS this Council by a vote ofat least five 5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public property health and safety and to provide for the usual daily operation of municipal departments in that the City must recordall financial transactions within the appropriate fiscal period Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That to provide for the personal services and other appropriations of the City of Lakewood for the fiscal year ending December the sums summarized on the attached Exhibit A incorporated herein by reference are hereby appropriated and authorized for encumbrance and or expenditure as provided herein Section2 That further all existing encumbrances in all funds of the City of Lakewood shall be carried forward The approval of the Municipal Court Budget includes approval of any amendment to the salaries of the Clerk of Court and the Probation Officer in accordance with Sections and ofthe Ohio Revised Code Section3 That all expenditures hereinbefore authorized and to the amount authorized shall be made in accordance with the line items ofexhibit B as adopted by the Council of the City of Lakewood and made a part hereof and that any disbursements within any line item set forth in Exhibit B may be paid out ofthe appropriation 2012 in Section4 That any amount encumbered in a year prior to fiscal year any and all funds of the City of Lakewood are hereby appropriated for the purpose of expenditure in 2012 or thereafter Section 5 That the Director of Finance be and is hereby authorized to draw checks upon the City depository for the amounts appropriated in this ordinance whenever claims are presented properly approved by the head of the department for which the indebtedness is incurred 16

17 Section 6 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance and provided it receives the affirmative vote of at least five5 ofmembers of Council this ordinance shall take effect and be in force immediately upon its adoption bythe Council and approval bythe Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Section 7 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting ofthis Council and of any ofits committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements Adopted President of Council Clerkof Council Approved Mayor 17

18 City of Lakewood 2012 AmendedAppropriations Exhibit E Appropriations GeneralFUnd Special Revenue Funds State Highway Improvement Fund Street Const Maint Repair Fund Litter Control Grant Fund Community FesOval Fund Police Pension Fund Firemen spension Fund Law Enforcement Trust Fund Federal Forfeiture Fund Indigent Driver s Almhol TreatmentFund Enforcement Education Fund Political Subdivision Fund Computer Maintenance Fund Court Special Projects Fund Court Probation Services Fund Indigent Ddvers Interlock Afwhol Monitodng Fund Community Development Block Grant Fund Emergency Shelter Gran Fund HOME Investment Partnerships Program Fund Neighborhood Stabilizat onfund Homeless Prevention and Rapid Rehousing Energy Efficiency Block Grant Office on A91ng IIIB Fund Lakewood Hospital SR Fund Help To Others Fund Byrne Memorial Grant Fund uvenile Diversion Program Fund Family to Family Fund Total Special Revenue Funds Bond Retirement Fund TIF Bond Retirement Fund Total Debt Service Funds Capital Improvement Fund Land Acquisition fund City Park Improvement Fund TIF Capital Improvement Fund Water Operating Fund Wastewater Collection Fund WastewaterTreatment Fund Wastewater Improvement Fund Parking Facilities Fund Winterhurst ICe Rink Fund Total Capital Projects Funds Total Enterprise Funds HospiWllzation Fund Workers Compensation Fund Total Internal Service Funds TOTALS D OD

19 City oflakewood 2012 Amended Appropriations Exhibit B General Fund December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance General Government Council Personal Services Olher Division Total MunicipalCourt Personal Services Other Division Total Civif Service Personal Services Other Division Total Mayor s Office Personal Services Other Division Total Human Resources Personal Services Other Dlvision Total Community Relations Personal Services Other Division Total Finance Department Personal Services Other Division Total Income Tax Personal Services Other Division Total Inlormafion Systems Personal Services Other Dlvlsion Total GeneralAdminisfratfon Personal Services Other Division Total Law Department Personal Services Other Division Total Planning Development Personal Services Olher DlvisionTotal

20 City oflakewood 2012 Amended Appropriations Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance Public Safety Police 8 Law Enforcement Personal Services Other Division Total Police 8 Fire Communications Dispatch Personal Services Other Division Total n enn Supportof Prisoners Personal Services other Division Total Animal Contra Personal Services Other Division Total School Guards Personal Services Other Division Total cnn Firefighting Prevention 8 Inspection Personal Services Other Division Total Building 8 Housing Personal Services

21 City ofiakewood 2012 Amended Appropriations Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation Variance 2012 Appropdalion Public Works Public Works Adminfstrafion Personal Services 6430 Other Division Total Street Ltghtfng Other Division Total Parks Public Property Personal Services Other Division Total Buildings 8 Facilities Personal Services Other Division Total Band Concerts Personal Services Olher Division Total Museums Other Divislon Total July 4th Festival Personal Services Olher Division Total Tennfs Courts Other Divislon Total Forestry Personal Services Other Division Total Re use 8 Recycling Personal Services Other Division Tolal FfeetManagement Personal Services Other Division Tolal Engfneertng Personal Services

22 City oflakewood 2012 Amended Appropriations Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance Human Services Human Services Administration Personal Services FFn EarlyChildhood Personal Services c OzF Youth Services Personal Services ae nef Total General Fund Personal Services u ace nr5 22

23 i City oflakewood 2012 Amended Appropriations Exhibit B Special Revenue Funds State Highway Improvement Fund December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance StreetConst Maint Repair Fund nce cc Community Festival Fund Personal Services Police Pension Fund ree dreo Firemen Pension Fund Law Enforcement TrustFund o e Federal Forfeiture Fund ce Indigent DriversAlcohol TreatmentFund 23

24 City of Lakewood 2012 Amended Appropriations Exhibit B December 2071 Feb 2012 Final Permanent Revised 2012 Appropdation 2012 Appropriation Variance Enforcement Education Fund Personal Services Other Division Total FundTotal Political Subdivision Fund Personal Services Other Division Total Fund Total Computer Ma ntenance Fund Personal Services 000 Other Division Total Fund Total Court Special Protects Fund Personal Services Other Division Total Fund Total Court Probation Services Fund Personal Services Othar DivisionTotal Fund Total Indigent Drivers Interlock and Alcohol Monitoring Fund Personal Services Other zz ooo z2 o9o Division Total Fund Total Community Development BlockGrant Personal Services Other Division Total Fund Total Emergency Shelter Grant Fund Personal Services Other Division Total Fund Total D D HOME Investment Partnerships Program Fund Personal Services Other Division Total FundTotal Neighborhood Pereonal Services Other Division Total Fund Total Stabilization Fund

25 City oflakewood 2012 Amended Appropriations Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance Energy Efficiency Block Grant Homeless Prevention and Rapid Rehousing Office onaging Fund Personal Services Hiner oon ReS Lakewood Hospital SRFund EMS Personal Services Other Division Total Heaith Personal Services rare eat Byrne Memorial Grant Fund Personal Services Help To Others Fund Personal Services 5865 Olher Division Total Fund Total Juvenile Diversion Program Fund Personal Services Other Division Total Fund Total Family to Family Fund Personal Services Other Division Total Fund Total TotalSpecial Revenue Funds Personal Services

26 City oflakewood 2012 Amended Appropriations Exhibit B December 2011 Final Permanent 2012 Appropriation Feb 2012 Revised 2012 Appropriation Variance Debt Service Funds Bond Retirement Fund Personal Services F Bond Retirement Fund Personal Services Total Debt Service Funds Personal Services Capital Projects Funds CapitalImprovement Fund Personal Services Land Acquisition Fund City Park Improvement Fund TIF Capital Improvement Fund Total Capital Improvement Funds Personal Services 26

27 City oflakewood 2012 Amended Appropriafions Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance Enterprise Funds Water Operating Fund Wafer Administration Personal Services Olher Division Total Water Distribution Personal Services Other Division Totaf Water Metering WastewaterCollection Fund Personal Services Other Division Total Fund Total Wastewater Treatment Fund Personal Services Olher rnttotal nog naa Wastewater Improvement Fund Parking Facilities Fund onea Winterhurst Ice Rlnk Fund Total Enterprise Funds Personal Services

28 City oflakewood 2012 Amended Appropriations Exhibit B December 2011 Feb 2012 Final Permanent Revised 2012 Appropriation 2012 Appropriation Variance Internal Services Funds Hospitalization Fund Workers Compensation Fund Personal Services Total Internal Service Funds Personal Services e FUND TOTALS a

29 PLACED ON 1ST READING REFERRED FINANCE COMMITTEE TO THE ORDINANCE NO A BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law amending Ordinance adopted December for the purpose of adding deleting and increasing contracting authority for the Mayor Director of Public Safety the Director of Public Works the Director oflaw the Director of Finance and or the Purchasing Manager toenter into contracts for professional services and to advertise forbids and enter into contracts for the purchase of repair maintenance and operating supplies services and equipment as authorized by the 2012 Appropriation Ordinance and the Administrative Code of the City oflakewood with the lowest and best bidder or bidders or as otherwise provided by law WHEREAS this Council desires to provide the authorization to the Mayor Director of Public Safety the Director ofpublic Works the Director oflaw the Director offinance and or the Purchasing Manager to enter into contracts for professional services and to advertise forbids and enter into contracts for the purchase of repair maintenance and operating supplies services and equipment as authorized by the 2012 Appropriation Ordinance and the Administrative Code ofthe City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law and WHEREAS this Council by a vote ofat least five5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public property health and safety and to provide for the usual daily operation of municipal departments in that delay could impair the City s ability to provide necessary services in a timely manner Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Section 1 of Ordinance adopted December currently reading as follows That the Mayor Director of Public Safety the Director ofpublic Works the Director oflaw the Director offinance and or the Purchasing Manager be and are hereby authorized and directed to enter into a contract or contracts for supplies services and equipment with the lowest and best bidder or bidders or as otherwise provided by law as follows Professional services contracts included in the 2012 Budget are as follows 29

30 Legal Services 2 RecodificationofOrdinances 3 Financial Audit Hospitalization and Health Care Benefit Consulting Services S Consultant for Workers Compensation Risk Management Consulting Services Healthcare Physicals Drug Alcohol Testing Employee Assistance Program g p Y g 9 Supervisor Mana er Em to ee Trainin Exams for Classified Positions Housing and Building Plans Examinations 12 Lakewood Jail Medical Services Band Concerts Cleveland State University Intern 1S MunicipalEngineering Consultant Debt Issuance Costs Forensic Services 18 Long Term Control Plan Consulting Services Sub Total Services contracts included in the 2012 Budget are as follows Government Agreements WEB Government Agreements Bd ofedary Pools Libr Financial Institution Service Charges 4 Electronic Payment Services S Property Liability Insurance Contracts Workers Comp Stop Loss Insurance LifeInsurance 8 Hospitalization and Health Care Benefit Services Medical ClaimsBilling Service Sentenced Prisoner sfull Jail Service Home Delivered Meals Distribution System Leak Survey Disposal of Screenings and Grit WWTP 14 Roll ofbox for Street Sweeping Solid Waste Disposal Site Waste Collections Condominiums Biosolids Disposal Receiving and Processing Yard Waste 19 Roll OffBox for Construction Debris 20 Crack Sealing Program 21 Equipment Lease Leaf Collection Project 22 Lab Analysis Service tr t Citywide Computer Hrdwr Op Sys Software Maint Con ac s 24 Communications Services 3

31 25 Water Meter Program Maintenance Cellular Phone Service Janitorial Services Laundry Service Police Department HVACMaintenance C i Maintenance Service op er 31 Postage Mailing Services Equipment Lease Maintenance Rental and Laundry ofuniforms Advertisin g 34 Printing Services CRIS LEADS Fees Fireworks Display 37 Parking Citation Billing Service Sub Total Materials supplies and equipment authorized for purchase under the 2012 Budget follows 1 Sand and Aggregate 2 Concrete Supplies Asphalt Materials Asphalt Cold Patch Road Salt Sodium Chloride Fire Hydrants Sewer and Water Appurtenances Water Meter Supplies Materials SignShop Supplies Blanks Reflective Material Polymer Flocculants Wastewater Treatment Chemicals Tires and Road Service Automotive Repairs Parts and Supplies Oil and Lubricants F l G line and Diesel ue aso 15 Purchase of Uniforms and Gear El t ical Su lies ec r pp 17 H d re Su lies ar wa pp 18 Janitorial Supplies L d Materials an scape Lumber Supplies Plumbing Supplies 22 Pool Supplies Chemicals Small Tools and Equipment i F od Su lies Pr soner o pp 25 Purchase Uniforms Gear Safety Forces Ammunition 27 Office Supplies Computer Supplies 29 Computer Software are as

32 30 Communications Equipment Paper Supplies Lease Copier Equipment Subscriptions Publications Reforestation Police Operating Equipment Fire EMS Operating Equipment Computer Operating Equipment Waste Water Treatment Plant Operating Equipment Playground Park Operating Equipment Parking Lot Materials Equipment Sub Total Total Is hereby amended toread That the Mayor Director of Public Safety the Director of Public Works the Purchasin Manager be and or the g Director of Law the Director of Finance and are hereby authorized and directed to enter into a contract or contracts for supplies services and equipment with the lowest and best bidder or bidders or as otherwise provided by law as follows Professional services contracts included in the2012 Budget are as follows Legal Services 2 RecodificationofOrdinances Financial Audit 4 Hospitalization and Health Care Benefit Consulting Services Consultant 40 for Workers Compensation Risk Management Consulting Services 7 Healthcare Physicals Drug Alcohol Testing Employee Assistance Program Supervisor Manager Employee Training Exams for Classified Positions Housing and Building Plans Examinations 12 Lakewood Jail Medical Services Band Concerts Cleveland State University Intern Municipal Engineering Consultant Debt Issuance Costs Forensic Services 18 Long Term Control Plan Consulting Services Sub Total

33 Services contracts included in the2012 Budget are as follows 1 Government Agreements WE Government Agreements BdofEd Pools Library 3 Financial Institution Service Charges 4 Electronic Payment Seivices Property Liability Insurance Contracts Workers Comp Stop Loss Insurance LifeInsurance 8 Hospitalization and Health Care Benefit Services Medical Claims Billing Service Sentenced Prisoners Full Jail Service Home Delivered Meals Distribution System Leak Survey Disposal of Screenings and Grit WWTP Roll of Box for Street Sweeping Solid Waste Disposal Site Waste Collections Condominiums Biosolids Disposal Receiving and Processing Yard Waste 19 Roll Off Box for Construction Debris Crack Sealing Program 21 Equipment Lease Leaf Collection Project Lab Analysis Service 23 Citywide Computer Hrdwr Op Sys SoftwareMaint Contracts Communications Services 25 Water Meter Program Maintenance Cellular Phone Service Janitorial Services Laundry Service PoliceDepartment HVAC Maintenance Copier Maintenance Service Postage Mailing Services Equipment LeaselMaintenance 32 Rental and Laundry of Uniforms Advertising Printing Services CRIS LEADSFees Fireworks Display Parking Citation Billing Service Sub Total

34 Materials supplies and equipment authorized for purchase under the 2012 Budget are as follows 1 Sand and Aggregate Concrete Supplies Asphalt Materials Asphalt Cold Patch Road Salt Sodium Chloride 6 FireHydrants Sewer and Water Appurtenances Water Meter Supplies Materials Sign Shop Supplies Blanks Reflective Material Polymer Flocculants Wastewater Treatment Chemicals Tires and Road Service 12 Automotive Repairs Parts and Supplies Oil and Lubricants Fuel Gasoline and Diesel 15 Purchase of Uniforms and Gear Electrical Supplies Hardware Supplies Janitorial Supplies Landscape Materials 20 Lumber Supplies Plumbing Supplies 22 Pool Supplies Chemicals Small Tools and Equipment Prisoner Food Supplies 25 PurchaseUniforms Gear Safety Forces Ammunition Office Supplies 28 ComputerSupplies Computer Software 30 Communications Equipment Paper Supplies Lease Copier Equipment 33 Subscriptions Publications Reforestation Police Operating Equipment FireBMS Operating Equipment Computer Operating Equipment Waste Water Treatment Plant Operating Equipment Playground Park Operating Equipment Parking Lot Materials Equipment Sub Total

35 Total Section 2 That contracts for supplies services and equipment in excess of7500 and for professional services in excess of5000 shall not be awarded except as approved herein or further approved by Resolution of Council Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting ofthis Council and that all such deliberations ofthis Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declaredtobe anemergency measure necessary for theimmediate preservation ofthe public peace property health safety and welfare in the City and forthe usual daily operation ofthe City forthe reasons setforth and defined in the preamble to this ordinance and provided it receives the affirmative vote ofat least five 5 of members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President Clerk Approved Mayor 39

36 PLACED ON 1ST READING REFERRED FINANCE COMMITTEE TO THE ORDINANCE NO A BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law amending Ordinance No and authorizing the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager to enter into contracts for Memberships as authorized by the 2012 Appropriation Ordinance and the Administrative Code ofthe City of Lakewood contracts not to exceed without separate Ordinance of Council WHEREAS this Council desires to provide the authorization to the Mayor Director of Public Safety the Director ofpublic Works the Director oflaw the Director of Finance and or the Purchasing Manager to enter into contracts for Memberships as authorized by the 2012 Appropriation Ordinance and the Administrative Code ofthe City oflakewood as otherwise provided by law and WHEREAS this Council by a vote of at least five 5 ofits members determines that this ordinance is an emergency measure and that this ordinance shall take effect atthe earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the for the the City s ability immediate preservation of the public property health and safety and to provide usual daily operation of municipal departments in that delay could impair to provide necessary services in atimely manner Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Section 1 of Ordinance adopted December currently reading as follows That the Mayor Director of Public Safety the Director ofpublic Works the Director oflaw the Director offinance and or the Purchasing Manager be and are hereby authorized and directed to enter into contracts with organizations for the following memberships contracts not to exceed except as hereinafter provided American Association of PolicePolygraphists American Institute ofcertified Planners American Payroll Association American Planning Association AmericanPolygraph Association American Society ofsanitary Engineers American Water Works Association AWWA 361

37 Association ofmunicipal County Judges ofohio Inc Association ofpublic Treasurers of the US Canada Building Officials Conference ofnortheastern Ohio BOCONEO Cleveland Bar Association Cleveland Restoration Society Preservation Resource Center Northeast Ohio Cuyahoga County Fire Chief s Association Cuyahoga County LawDirectors Association Cuyahoga County Mayors and City Managers Association Cuyahoga County Police Chiefs Association Family to Family Administrators Council West Side Community House FBINational Academy Associates First Suburb Consortium First Suburb Development Council Government Finance Officers Association of Ohio Govemment Finance Officers Association ofus Canada Greater Cleveland Partnership Heritage Ohio High Technology Crime Investigation Association Intemational Institute oftrafftc Engineers Intemational Association of Arson Investigators International Association ofbomb Technicians Investigators International Association of Chiefs ofpolice International Association ofelectrical Inspectors IAEI International Association of Electrical Inspectors Western Reserve Divisions International Association of Fire Chiefs International Code Council International Law Enforcement Educators andtrainers Association Intemational Municipal Signal Association International Police Mountain Bike Association International Public Management Association IPMA International Society ofarboriculture Keep America Beautiful Lakewood Chamber of Commerce IABTI Middle Atlantic Great Lakes Organized Crime Law Enforcement Network MAGLOCLEN Municipal Finance Officers Association ofnortheast Ohio MFOA National Arbor Day Foundation AEYC National Association for the Education of Young Children N National Association ofhousing Redevelopment Officials NAHRO National Community Development Association National Fire Protection Association National Institute of Governmental Purchasing NIGP National League of Cities National Public Employer Labor Relations Association NPELBA 37 z

38 National Tactical Officers Association North Central OhioBuilding Officials Association North Coast Corrections Managers Association Northeast Ohio Areawide Coordinating AgeOFCA Northeast Ohio Fire Chiefs Association NE Northeast Ohio Fire Prevention Association Northeast Ohio Mayors and City Managers Association Northeast Ohio Municipal Prosecutors Association Northeastern OhioMunicipal Court Clerks Association Northern OhioMunicipal Judges Association Northem Ohio Probation Officer s Association Northern Ohio Service Directors Association OhioAssociation ofchiefs ofpolice Ohio Association of Magistrates Ohio Association of Municipal Court Clerks OhioAssociation ofplumbing Inspectors Ohio Association of Polygraph Examiners Ohio Association ofpublic Treasurer Ohio Association oftax Administrators Ohio Auto Theft Association Ohio ConferenceofCommunity Development Ohio Crime Prevention Association OhioDARE Officers Association Olrio Economic Development Association OEDA Ohio EMS OhioFire Chiefs Association Ohio Identification Officers Association OhioJudicial Conference OhioMunicipal Attorneys Association Ohio Municipal Judges Association OhioMunicipal League OhioPolice Juvenile Association Ohio School ResourceOfficers Association Ohio State Bar Association Ohio Tactical Officers Association SewerPipe Users Group SPUG Society for Human Resource Management Society for Human ResourceManagement Greater Cleveland Chapter Solid WasteAssociation of North America State ofohio Cooperative Purchasing Program Street Maintenance and Sanitation Officials ofohio TeamCrisisNegotiator TransUnion ofnortheast Ohio Inc Tree City USA US Communities WaterEnvironment Federation We Share Is hereby amended to read as follows 38s

39 That the MayorDirector of Public Safety the Director ofpublic Works the Director oflaw the Director of Finance and or the Purchasing Manager be and are hereby authorized and directed to enter into contracts with organizations for the following memberships contracts notto exceed except as hereinafter provided AmericanAssociation of Police Polygraphists American Institute of Certified Planners American Payroll Association American Planning Association AmericanPolygraph Association AmericanSociety ofsanitary Engineers American Water Works Association AWWA Association ofmunicipal County Judges of Ohio Inc Association ofpublic Treasurers oftheus Canada Building Officials Conference of Northeastern Ohio BOCONEO Central Ohio Organization ofpublicpurchasersco OPP Cleveland BarAssociation Cleveland Restoration Society Preservation Resource Center Northeast Ohio Cuyahoga Animal Wardens Society CAWS Cuyahoga County Fire Chief s Association Cuyahoga County Law Directors Association CuyahogaCounty Mayors and City Managers Association Cuyahoga County Police Chiefs Association Family to Family Administrators Council West Side Community House FBI National Academy Associates First Suburb Consortium First Suburb Development Council Government Finance Officers Association ofohio Government Finance Officers Association ofus Canada Greater Cleveland Partnership Heritage Ohio High Technology Crime Investigation Association International Institute oftraffic Engineers International Association of Arson Investigators International Association of Bomb Technicians Investigators IABTI International Association ofchiefs of Police International Association of Electrical Inspectors IAEI International Association ofelectrical Inspectors Western Reserve Divisions International Association of FireChiefs International Code Council International Law Enforcement Educators and Trainers Association International Municipal Signal Association International Police Mountain Bike Association International Public Management Association IPMA International Society ofarboriculture 394

40 Keep America Beautiful Lakewood Chamber ofcommerce CrimeLaw Middle Atlantic GreatLakes Organized Enforcement Nerivork MAGLOCLEN Municipal Finance Officers Association of Northeast Ohio MFOA National Arbor Day Foundation AEYC National Association for the Education of Young Children N National Association of Housing Redevelopment Officials NAHRO National Community Development Association National FireProtection Association National Institute of Govemmental Purchasing NIGP National League of Cities National Public Employer Labor Relations Association NPELBA National Tactical Officers Association North Central Ohio Building Officials Association North Coast Corrections Managers Association Northeast Ohio Areawide Coordinating Agency Northeast OhioFire Chiefs Association NEOFCA Northeast OhioFire Prevention Association Northeast Ohio Mayors and City Managers Association Northeast Ohio Municipal Prosecutors Association Northeastern OhioMunicipal Court Clerks Association Northern OhioMunicipal Judges Association Northern OhioProbation Officer s Association Northern Ohio Service Directors Association Ohio Association of Chiefs ofpolice Ohio Association of Magistrates OhioAssociation ofmunicipal Court Clerks Ohio Association ofplumbing Inspectors OhioAssociation of Polygraph Examiners Ohio Association of Public Treasurer Ohio Association of Tax Adminish ators OhioAuto Theft Association Ohio Conference ofcommunity Development Ohio Crime Prevention Association OhioDARE Officers Association OhioEconomic Development Association OEDA OhioEMS Ohio Fire Chiefs Association OhioIdentification Officers Association OhioJudicial Conference OhioMunicipal Attorneys Association OhioMunicipal Judges Association Ohio Municipal League Ohio Police Juvenile Association OhioSchool Resource Officers Association Ohio State Bar Association Ohio Tactical Officers Association Sewer Pipe Users Group SPUG 40 s

41 Society for Human Resource Management Society for Human Resource ManagementGreater Cleveland Chapter SolidWasteAssociation of NorthAmerica StateofOhio Cooperative Purchasing Program StreeMaintenance and Sanitation Officials ofohio Team CrisisNegotiator TransUnion ofnortheast Ohio Inc Tree City USA USCommunities Water Environment Federation We Share Section 2 That contracts formemberships in excess of shall not be awarded except as approved herein or further approved by Ordinance of Council Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council andthat all such deliberations ofthis Council and of any ofits committees that resultedin such formal actions were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and forthe usual daily operation ofthe City for the reasons set forth and defined in thepreamble to this ordinance and provided it receives the affirmative vote of at least five 5 ofmembers of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted president Clerk Approved Mayor 4k

42 PLACED ON 1ST READING REFERRED TO THE FINANCE COMMITTEE ORDINANCE N A BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law to amend Ordinance adopted December to amend Chapter 915 Water Rates of the Codified Ordinances of the City of Lakewood for the purpose of adjusting water rates charged against each lot parcel of land or premises which may have an active waterconnection with the Municipal water system WHEREAS sufficient revenues are required torecover costs budgeted for the operations ofthe Water Distribution System and WHEREAS continued decreases in consumption of water has a negative impact on revenues received over time and WHEREAS sufficient dollars are required to meet scheduled debt service payments and WHEREAS in order to offset the increases in the purchased water from the Ciry of Cleveland to the City as well as the continuing increases in the costs ofoperations it is necessary for the Cityto increase the rates charged Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Chapter 915 Water Rates ofthe Codified Ordinances of the City of Lakewood currently reads as follows ESTABLISHMENT OF RATES The Director of Finance is hereby authorized and directed to establish water rates charged monthly by the Division ofutility Billing as follows a Effective January all water used during each one month billing period shall cost not more than five and eighty one hundredths dollars 593 per one hundred cubic feet ofwater CUSTOMER SERVICE CHARGE Removed HOMESTEAD EXEMPTION There is hereby established a Special Homestead exemption whereby water rates charged to homesteads owned by a person 65 years of age or older or ovmed by a 42

43 permanently or totally disabled person provided that such person income falls below thirty five thousand dollars per annum Pursuant to this exemption persons eligible shall be chargedfifty five percent55 of the water rate established pursuant to this chapter Shall be and is hereby amended to read as follows Section ESTABLISHMENT OF RATES The Director of Finance is hereby authorized and directed to establish water rates charged monthly by the Division ofutility Billing as follows b Effective January all water used during each one month billing period shall costnot more593 per one hundred cubic feet of water CUSTOMER SERVICE CHARGE Removed HOMESTEAD EXEMPTION There is hereby established a Special Homestead exemption whereby water rates charged to homesteads owned by a person 65 years of age or older or owned by a permanently or totally disabled person provided that such person income falls below per annum Pursuant to this exemption persons eligible shall be charged 55 of the water rate establishedpursuant to this chapter It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open tothe public incompliance with all legal requirements Section 3 This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace health safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this Ordinance and provided it receives the affirmative vote ofat least five 5 ofits members elected 43

44 to Council this Ordinance shall take effect and be in force immediately upon its passage by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed bylaw Adopted President ofcouncil Clerk of Council Approved Mayor 44

45 PLACED ON 1ST READING REFERRED TO THE FINANCE COMMITTEE ORDINANCE N A BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council otherwise it shall take effect and be in force after the earliest period allowed by law amending Ordinance adopted December to amend section Rates and Charges ofthe Codified Ordinanceazel of land or pem ses for the purpose of adjusting sewer rates charged against each lot p which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof WHEREAS the current sewer rate is insufficient to allow the Wastewater Treatment Fund and Wastewater Collections System Fund to continue to be self supporting and WHEREAS in order to offset the continuing general increases in capital costs of the wastewater collections and treatment facilities it is necessary for the City to increase the rates charged to the users of the wastewater disposal system as well as provide for the anticipated annual capital needs for the wastewater collection and treatment system and WHEREAS Chapter 902 of the Codified Ordinances authorizes the City to set sewer rates to distribute the costs of operation and maintenance of the wastewater disposal system and the costs to maintain compliance with applicable standards and regulations of theus EPA proportionately upon all users of said system Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO Section 1 That Section Rates and Charges of the Codified Ordinances City oflakewood currently reads as follows RATES AND CHARGES of the a The Director of Finance is hereby authorized to annually establish sewer rates charged by the Division of UtilityBilling 1 Such charges and rates shall be made against each lot parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof 2 Such charges and rates shall be based on all water used during each one month billing period 3 Suchrates shall be charged monthly 45

46 b Any lot parcel ofland or premises discharging into the sanitary sewer but not using City water wholly or partly shall at his or her own expense be required to install meters or other measuring devices approved by the City Engineer to measure either thewater orthe discharge tothe sanitary sewer c Any lot parcel ofland or premises desiring credit for water consumed for purposes where the wateris not returned to the sanitary sewer shall at his or her own expense separately meter the water for such uses d Effective January sewer rates charged by the Lakewood Division Utility Billing shall be dollars399 pbrlolne hundred cubic feet ofmetered HOMESTEAD EXEMPTION water consumptiono hundredths There is hereby established a Special Homestead Exemption whereby sewer rates charged to homesteads owned by person 65 years of age or older or owned by a permanently or totally disabled person provided that such person income falls below thirty five thousand dollars per annum shall be seventy five percent75 of the sewerrate established pursuant to this chapter SUMMER SPRINKLING PROGRAM The City of Lakewood Division ofwater is authorized to provide a Summer Sprinkling Program for residents commencing July 1 and ending September 30 of each year for owner occupied homes ofonetwo tluee andfour familyresidential accounts in good standing Upon the customer request by uaitten application on a form prescribed by the Director of Finance summer sewer bills issued during the months of July August and September July 1 to September 30 of each year would be based on an average of sewer bills issued for the previous four months January through April All applications must be completed at or before April 30 of each year The Division ofutility Divisions will calculate the summer sprinkling discount The Summer Sprinkling Program will not affect or replace thecity s current sewer exempt meter program Shall be and is hereby amended to read as follows RATES AND CHARGES a The Director offinance is hereby authorized to annually establish sewer rates charged by the Division ofutility Billing 4 Such charges and rates shall be made against each lot parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof 46

47 5 Such charges and rates shall be based on all water used during each one month billing period 6 Such rates shall be charged monthly e Any lot parcel ofland or premises discharging into the sanitary sewer but not using City water wholly or partly shall at his or her own expense be required to install meters or other measuring devices approved by the City Engineer to measure either thewater or the discharge to the sanitary sewer f Any lot parcel of land or premises desiring credit for water consumed for purposes where the water is not returned to the sanitary sewer shall at his or her own expense separately meter the water for such uses g Effective January sewer rates charged by the Lakewood Division Utility Billing shall be billed at a rate of not more399 per one hundred cubic feet of metered water consumption Section HOMESTEAD EXEMPTION There is hereby established a Special Homestead Exemption whereby sewer rates charged to homesteads owned by person 65 years of age or older or owned by a permanently or totally disabled person provided that such person income falls below per annum shall be 75 ofthe sewer rate established pursuant tothis chapter SUMMER SPRINKLING PROGRAM The City oflakewood Division of Water is authorized to provide a Summer Sprinkling Program for residents commencing July 1 and ending September 30 of each year for owner occupied homes ofonetwo three andfour family residential accounts in good standing Upon the customer request by written application on a form prescribed by the Director of Finance summer sewer bills issued dining the months of July August and September July 1 to September 30 of each year would be based on an average of sewer bills issued for the previous four months January through April All applications must be completed at or before April 30 ofeach year The Division ofutility Divisions will calculate the summer sprinkling discount The Summer Sprinkling Program will not affect or replace the City s current sewer exempt meter program It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to thepublic in compliance with all legal requirements Section 3 This Ordinance is hereby declared to be an emergency measure necessary for the and for the immediate preservation of the public peace health safety and welfare in the City usual daily operation of the City for the reasons set forth and defined in the preamble to this Ordinance and provided it receives the affirmative vote of at least five 5 of its members of 47

48 Council this Ordinance shall take effect and be in force immediately upon its passage by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law President of Council Clerk of Council Mayor 48

49 PLACED ON 1ST READING REFERRED TO THE HOUSING COMMITTEE PLACED ON 2ND RF2JING1312 ORDINANCE NO BZ AN ORDINANCE amending Chapter 1301 Regional Dwelling House Code to update its language and references to be consistent with the City of Lakewood s state certification and current Ohio law WHEREAS the City of Lakewood is certified to enforce the Ohio Building Code and WHEREAS the language and references in the code are outdated such that they stand to be updated and WHEREAS the City desires to have clear consistent and concise ordinances and WHEREAS the City may by its legislation exercise all powers of localself govermnent and adopt and enforce within its limits such local police sanitary and similar regulations as are not in conflict with general laws now therefore BE IT ORDAINED BY THE CITYOF LAKEWOOD OHIO Section 1 Chapter 1301 currently reading as follows CHAPTER 1301 Regional Dwelling House Code ADOPTION IDENTITX ANDPURPOSE Pursuant to the provisions of Ohio R C the 1966 edition of the Regional Dwelling House Code se prepazed and promuigated by the Regional Planning Commission Cleveland Ohio is hereby adopted by the City and incorporated by reference as a part ofthe City Building Code as if fully set out herein except such provisions as are hereinafter amended enacted or repealed The purpose of the Regional Dwelling House Code as adopted herein is to establish uniform standard provisions to govern the construction alteration repair maintenance design materials equipment and removal or demolition of one andtwo family dwellings and appurtenant structures so as to make them safe and sanitary for their intended use and occupancy except insofar as such matters are otherwise specifically provided for in any other applicable law or ordinance FILE AND SALE COPIES Complete copies ofthe Regional Dwelling House Code as adopted herein aze on file with the Clerk ofcouncil and the Building Commissioner for inspection by the public and a copy is also on file in the Law Library of Cuyahoga County The Clerk ofcouncll has copies available for distribution to thepublic at cost DEFINITIONS 49

50 As used in theregional Dwelling House Code as adopted herein certain terms defined as follows aze a Building Official means the Building Commissioner of the City b Boazd ofbuilding Code Appeals means the Boazd of Zoning Appeals of the City c Board of Examiners means the Board ofbuilding Standards andbuilding Appeals of thecity d Municipality means the City oflakewood e City of Lakewood The words City oflakewood aze hereby inserted In any and all blank spaces provided in the Code for the name of the municipality adopting the Code Words andterms used in the Code shall be construed to mean the words terms and titles applicable to the City of Lakewood AMENDMENTS ENACTMENTS OR REPEALS The following chapters sections or subsections ofthe Regional Dwelling House Code azehereby amended enacted or repealed as follows RDH Chanter 1 Nonstructural AlterationsAmendedl When the cost ofalterations or repaus wtthm any two 2 yeaz period exceeds seventy five percent 75 of the value of the existing building or other structure such building or other structure shall be made to with the comply requirements for new buhdings and other new structures RDH Aanlication Amendedl An application for a permit shall be filed with the Building Official on a form prescribed by the Building Official by the person corporation partnership firm or other business association who shall perform the work for which the permit was sought RDH 1505 OS Issuance of Permit Amended to enact subsection c as follows c No permit shall be issued until the applicant has registered on a form prescribed and furnishedby the Administrator ofthe City Income Tax the name ofthe general contractor subcontractors and all other persons involved with the actual construction the place ofbusiness of each and the person or persons to whom correspondence shall be directed for each suchcontractor subcontractor or other person involved Upon issuance of the permit the Building Commissioner shall transmit suchform to the City Income Tax Administrator RDH Time Limitation Amendedl Any permit issued shall become mvalyd unless the work authorized by it shall have been commenced within three3 months after its issuance Any permit issued shall become invalidifthe work authorized by it is not completed within six 6 months after its issuance The Building Official for good cause as evidenced by a written request by the permit holder may grant up to four 4 extensions oftime for either ofthe above not exceeding ninety 90 days each RDH General Penalty Amended 50

51 Any person firm or corporation violating any provision ofthis Dwelling House Code shall be deemed guilty of a misdemeanor of the third If the degree offender has been previously convicted of a violation ofthis section a violation is a misdemeanor of the second degree Such person firm or corporation shall be deemedguilty of a sepazate offense for each andevery day or portion thereof during which any violation of any of the provisions of this Dwelling House Code is committed continued or permitted RDH Chanter 13 Boazd ofbuildine Code Anneals Repealed Sections to are hereby repealed Sections to areherebyrepealed RDH Letter B Buildine Line AmendedZ Building Line Aline established by law or ageement usually parallel property beyond which a structure may not extend to the RDH 1521 Ol Application Amended Standazd specifications codes and other standard requirements rules regulations or recommendations mentioned in any section of this Dwelling House Code by name or by number or by both shall be those more fully identified in this chapter by name number and yeaz or symbol ofdate of issue andthe same as maybe amended from time to time Inlieuofrequirements not specifically contained in this Dwelling House Code or in rules or regulations promulgated by authority thereof compliance with standards specifications regulations or recommendations enumerated in this chapter maybe accepted by the Building Official as prima facie evidence of conformity with accepted engineering practice and evidence of satisfaction of common law duty RDH Standazds for American Standazds Association Repealed Section 1521 is hereby repealed RDH Surface Draina eamended Positive drainage shall be provided for each lot or plot by proper draining so that a nuisance will notbe created Catchbasins or properly connectedunder drains shall be installed or other approved provisions made where water may pocket to preclude the accumulation ofsurface water Regrading shall be done so that existing natural ground drainage ofthe surrounding area shall not be impeded The Building Official or City Engineer may adopt rules or plans for the drainage of lots or plots which rules or plans shall be followed by the owner unless permission for deviation is given by theboazd ofbuilding Code Appeals When a lot or plot is graded to a higher or lower level than the natural on grade an adjacent property the owner ofsuch lot or plot shall provide suitable slopes or retaining walls or other protection approved by the Building Official or the City Engineer onhis own property to preserve thenatural slope or surface elevation ofsuch adjacent property 13DH Footine Drains Amended When afloor is below the ad ommg ground and subsoilconditions are such as to permit ground water to accumulate adjacent to the foundation footing drains shall be installed alongside the outside face ofthe base of the foundation Such drains shall be not less than 4inch diameter pipe ofa type and construction to intercept and carry ground water without permitting the infiltration of soil into thepipe Footing drains shall have a continuous slope ofnot less than 16inch 51

52 per foot dischazging into the building storm sewer or other outlet approved by the Board of Building Standazds Seealso Section a RDH 1523 OS Roofand Yazd Drainaee Amended Unless otherwise specifically approved by the Building Official or City Engineer roofdrainage shall be handled by suitable collectors and downspouts which shall discharge into a sealed jointed storm drain ofnot less than4inch diameter with a slope of I4 inch or more per foot Where storm sewer or other storm drainage outlet is not available or unless otherwise specifically approved by the City Engineer downspouts may dischazge onto splash pads or into other devices provided a nuisance is not created to adjoining property The storm drain outlet carrying roof water or yard drainage shall be not less than6inch diameter and shall not connect to the footing drain but may intercept and receivetheoutlet of the footing drain bya wye connection above the spring line Connection of any pipe carrying roofwater or yard drainage to a sanitary sewer is prohibited RDH Proner Connection Amended The sanitary outlet from a dwelling house shall notbe less than 4inchcast iron pipe 5inch vitrified clay sewer pipe 5inch bituminized fiberpipe and4inch PVC andlor ABS schedule 40 plastic pipe and shall connect only to a sanitary or combined sewer system Sanitary connections to a storm sewer or the connection of storm drains to sanitary sewerage is prohibited Unless otherwise approvedby the Building Official joints in the sanitary sewerline shall bemade as provided in Section RDH Water Sunnly Line Amended All pipe used to carry potable water shall be of new durable material installed without damage to structural members The size ofthe service from the pipe street main shall be determinedby the Directorof Public Works and shall be of nonferrous pipe or tubing All water piping shall be protected against freezing and shallbe properly sloped to drain valves so as to permit drainage oftheentire system within the building A main shut off valve on the main water supply line serving each dwelling unit shad be provided near the curb andashut offvalve with drip shall be placed in a readily accessible location within the building Supply lines taken from pressure or gravity tanks shall be valvedneaz the tank RDH Minimum Ceitine Heieht Amended 1neach dwellingunit the following mmmrum ceiling heights azeestablished Habitable Rooms Basement or Cellarto bottom of floorjoints Bathrooms Toilet Compartm ents Utility Rooms and Habitable Existing y

53 Third Floor Rooms Provided that rooms with sloping ceilings shall have aclear minimum height in atleast23 oftheir area That area with less than5 feet 0 inches clear headroom shall not be includedntherequired floor azea RDH b Basementless crawl Suaces Amended b Ground surface treatment All debrts top soil and other organic matter shall beremoved and the space shallbe graded anddrained The ground surface shall be paved with concrete havingathickness ofnot less than 2 inches anda compressive strength at hventy eight28 days of not less than3000 psi The vaporbarrier under the concrete slab shall have a vapor permeance ofnotmore than 1 perm Materiais used for vapor barriers shall berated incompliance with ASTM E 154 ItDH Welding Amended The technique of welding employed the appearance of qualitywelds made and the methods used in correcting defective work shall conform to the American Welding Society Codefor Welding in Building Constmction D10 RDH Minimum Sizes ofdoors Amended At least one 1 exterior door opening shall be not less than 6 feet eight inches high and 3 feet0 inches wide Other door openings may be not less than 6 feet 6 inches high and 2 feet 6 inches wide except that doors to bathrooms toilet compartments and clothes may have a width ofnot less than 2feet 0 inches Wood exterior doors excluding gazage service doors and overhead doors shalt be not less than134 inches thick Woodinterior doors shall be notless than 1 38inches thick unless otherwise approved RDH cildetached Gazaees Repealed Subsection ci is hereby repealed RDH cliil Detached Garages Amended ii Frame gazages shall be built on a concrete slab not less than4inch thick reinforced with steel meshweighing not less than 40pounds per 100 square feet or equivalent reinforcement up to a4inch wide curb 8 inches above finished grade to form a foundation wall The Building Official shall determine the finished grade RDH cvii Detached Gazaaes Amended vii Collaz ties at eaves maybe 2 x4swrth maxunum spacing 6 feet oc 1iDH Gazaee Floors Amended Garage floors shall be constructed on a naturally solid base course or a compacted layer ofnot less than 4 inches of gravel crushed stone or slag upon which shall beplaced not less than 4 inches ofconcrete The concrete shallhave a compressive strength of not less than3000 psi at twenty eight28 days or by mix proportions 1 volume of portland cement not more than2lyl volumes of fine aggegate and314 volumes of graded coazse aggregate with not more than 612gallons ofwater per sack ofcement The garage floorshall to adrain slope unless otherwise approved by the Building Official by written notification 12DH SixInch Foundation Walls Repealed Section is hereby repealed 53

54 RDH dl vl Subfloorin Enacted v Plywood at least 114 mch thick with face ply at least C plugged grade and veneer next to face ply C or better grade may be used as underlayment over an existing subfloor and or finish floor RDH a Concrete Floors Amended a Precautions against water penetratron Ali ground supported concrete floors shall be constructed to resist water penetration from below andto provide astable conshvction Where subwater conditions exist footing drains shall be installed with porous backfill as described in 23 Chapter vjhere there is a defuute flow of ground water towazd the dwelling site a trenclazdriin toal and installed on the uphill side or sides of the dwelling p approximately 10 feet from such side or sides A12 inch trench for the trench drain shalt be carried down 1 foot into an impervious layer or stratum ifsuch exists or at least 1 foot below the bottom of the foundation Pervious clay or concrete pipe or vitrified clay concrete or corrugated metal pipe with perforations on the under side shall be laid on a2inch bed ofsand The pipe shall be not less than 4 inches in diameter and shad be laid with water tight joints on a continuous slope ofnot less than 114 inchper foot and dischazge with water tight pipe and joints into the storm sewer connection or other outlet approved by the Boazd ofbuilding Standards Footing drains if any shall not discharge into nor receive the pipe from the trench drain The trench shall be backfilled with sand to within 6 inches ofsurfacegrade The remaining bacl iil shall be clay topsoil for lawn or shrubbery or for a paved surface a continuation ofthe base for same RDH Asphalt Requirements Bnacted The requirements for the mstallahon of asphalt surfaces shad be those as prescribed by the Building Official as amended from time to time TH 1581 Ol Tvpe of WallCoverin Amended The following materials shall be accepted as approved weather coverings ofthe Brick veneer over masonry Brick veneer over wood frame Stone veneer over masonry Stone veneer over wood frame Cellulaz azchitectural terra cotta Architectural terra cotta slabs Structural 2 inche s inche s 2 inche s 3 34 inche s 3 inche s 1 14 inche s

55 RDH bl Installation of Sidine Amended b Wood boazd siding and pnme hard boazd siding All wood siding and prime hazd wood siding shall comply with the specific grading requirements of the association recognized in the trade as covering that particulaz species or material The grade shall be suitable for its intended use The siding shall be kiln dried or otherwise seasoned to amoisture content of approximately twelve percent 12 Wood boazd bevel siding or hazdwood siding lapped or rabbeted shaltnot have moreexposure to the weather thantabutated below Siding Size inche s 1I2 x Maximum Exposure inches x 6 12 x 8 55

56 of Length of nail shall be such as to provide at least1inchpenetration stud or blocking when sheathed Without sheathing nails shall studs or penetrate blocking at least 1 12 inches Nails shall becorrosion resistant Butt joints of siding shalt occur over studs Joints in adjacent pieces shall be staggered Drop shiplap rustic or novelty siding shall have a minimum thickness of 34 inch and a maximum width of8inches For all wood siding over sheathing the stud spacing may be 24 inches unless the sheathing or interior finish requires less spacing Where wood siding or prime hazd board siding is applied without sheathing the spacing of studs shall be notmorethan 16 inches Vertical siding shall be not less than34inch thick nor more than 12 inches wide Vertical boazds that do not have interlapping joints shall have batten strips Nails shall penetrate atleast 1inchinto studs or blocking RDH Qualified Installers Renealed Section is hereby repealed RDH 1593 OSb Material Quality andweiehtamended b Specifications for matenals Standazd specrficahons for materials for plumbing installation are listed in Table 93A and the same may be amended from time to time Products conforming to any specification listed for given materials shall be approved RDH d Water Distribution Piaine Tubing and Fittings Amended d Copper water tube underground shall be type K except when underground on the interior of building when the minimum shall be type L or heavier above ground copper water tube shall be type M or nah1elbelow ty water pipe above gourd shall be at least equal to strong q Bound lead piping shall beextra strong quality orbetter RDH Minimum Sizes ofunderaz ound Building Drains Amended Building drains or parts thereof mstalied underground or below a basement or cellaz floorshalt be ofpipe notless than2 inch diameter ItDH b StormDrainage Amended b Drained to other than storm sewer Where in the ofthe opinion Building Official or City Engineer no sewer is available or therooverlandhflow onf stonnwater does not provide a nuisance to adjoining p p rty drainage from sources described in subsection a of this section shall be piped to dischazge into the street gutter or into areceptable or conducted to other point of disposal as approved by the Building Official or thecity Engineers 56

57 RDH Certificate of Annroval Revealed Section is hereby repealed RDH Amended b A roved Standards for E ui ment and Installations Safe practice Except as provided in the Dwelling House Code or in stamtes or regulations promulgated by authority of statute or in ordinances conformity with the requirements of the following standazds and the samyith shall be amended from time to time shall be as recognized conformity accepted safe practice hances and Listing Approval and Installation Requirements for A b oval ad Installation accessories as listed in Section hance0s andlacclessories as established by the Requirements for gas burning app American Standards Association as follows Built indomestic Cooking Units ASA 2212 Gas Hose for Portable Gas Appliances ASA 221 Type I Clothes Dyers Vol 1 ASA Manually Operated Gas Valves ASA Refrigerators Using Gas Fuel ASA Automatic Burner Ignition and Safety Shutoff Devices ASA ASA 221 Automatic Valves for GasAppliances 21 Metal Connectors for GasAppliances ASA Gas Appliances and Gas Piping ASA NFPANo 54 Quick Disconnect Devices for Use with Gas Fuel ASA Flexible Connectorsof OtherthanAll Metal Construction for Gas Appliances ASA RDH c Installation and Connection of Gas fired A liances Enacted c The depth ofall underground gas lines shall be subject to the approval of the Building Official and shall notbe less than 18 inches underground RDH 1597 Ol National Electrical Code Amended Except as otherwise provided mthis Dwellmg House Code or in statutes or in rules or regulations promulgated by authority ofstatute all electrical wiring and equipment installed in or about any building shall be in accordance with the provisions of the National Electrical Code as may be amended from time to time RDH Definitions Amended Except as maybe otherwise statedmthis Dwelling House Code the definitions set forth in the National Electrical Code as may beamended from time to time shall apply for all electrical workunder thisdwelling House Code RDH Qualified Installers Revealed Section is hereby repeated RDH Qualified Installers Revealed Section is hereby repealed shall be and hereby is repealed in its entirety and replaced to read CHAPTER 1301 Residential Code of Ohio as follows 57

58 1301 AUTHORITY TO ENFORCE pursuant to OhioRC the City oflakewood shall have full authority to enforce the Residential Code of Ohio and all laws statutes and regulations as provided and authorized inthe Ohio Revised Code and the OhioAdministrative Code pursuant to thecertification approved by and Certification rule adopted by the OhioBoazd ofbuilding Standazds COMPLIANCE a No owner or any other person shall construct erect build or equip any building or structure to which the Residential Code ofohio is applicable or make any addition thereto or alteration thereof except inthe caseofrepairs or maintenance that does not affect the construction sanitation safety th any other vital feature of suchbuilding or structure without complying this chapter OhioRC Chapters 3781 and 3791 or the Residential Code of Ohio or fail to comply with any lawful order issued pursuant thereto ORC contractor b No azchitect builder engineer plumber carpenter mason subcontractor foreman or employee shall violate or assist in violating any ofthe provisions of this chapter OhioRCChapters 3 lawfirlorder issued Residential Code ofohio or fail to comply with any pursuant thereto ORC c No owner or any other person shall proceed with the construction erection alteration or equipment of any building or structurwiflv sh th PRes tednti ae Code of Ohio is applicable without complyoing sm plan and specification submission and P Municipality and until plans or drawings pecifications and data have been approved ORC COPIES re uirements of the Copies ofthe Codes adopted in this chapter are available for inspection by the public online athttp 11www com ohio gov dico BBS aspx and also on fileinthe County LawLibrary CONFLICT Whenever a provision of the Residential Code ofohio as adoptedo esorder 301 conflicts with a provision of the Ohio Fire Code any standard or rule of the Ohio Department of Commerce Division of State Fire Marshal the rulesofthe Ohio Board of Building Standazds shall supersede and govern any order standazd or rule ofthe division oflabor in the department of commerce division of the state fire marshal the department of health and of counties and townships inall cases where such orders standards or roles aze in conflict with the rules of theboard except that rules adopted and orders issued by the state firemazshalpursuant to Chapter 3743 ofthe Revised Code prevail inthe event ofaconflict PENALTY Whoever violates any provision of this chapter or any Code adopted hl re of a fails to comply with any lawful order issued pursuant thereto is gu ty dollars 1000 for fimprson not d more thanmsixnmonths botheeachsday or 58

59 during which noncompliance or a violation continues shall constitute a separate offense The City may institute in Common Pleas Court injunction proceedings to abate the nuisance of failure to cease work after receipt ofa stop workorder as refeaed to in the Residential Code ofohio Section 2 It is found and determined that all formal actions ofthis Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting of this Council and that all such deliberation of the Council and of any of its committees that resulted in such formal action were in meetings open to thepublic incompliance with all legal requirements Adopted President ofcouncil Clerk of Council Approved Mayor 59

60 PLACED ON 1ST READING REFERRED HOUSING COMMITTEE PLACED ON 2ND READING1312 TO THE ORDINANCE NO 661i BY AN ORDINANCE amending Chapter 1302 Ohio Basic Building Code to update its language and references to be consistent with the City of Lakewood s state certification and current Ohio law WHEREAS the City oflakewood is certified to enforce the Ohio Building Code and WHEREAS the language and references in the codified ordinances are outdated such that they stand to be updated and WHEREAS the City desires to have clear consistent and concise ordinances and WHEREAS the City may by its legislation exercise all powers of localself government and adopt and enforce within its limits such local police sanitary and similar regulations as are not in conflict with general laws now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 Chapter 1302 Ohio Basic Building Code currently reading as follows CHAPTER 1302 Ohio Basic Building Code EDITION ADOPTED Pursuant to Ohio RC there is hereby adopted by and for the Municipality the Ohio Basic Building Code OBBC being particulazly the 1995 edition thereof as adopted by the Ohio Board of Building Standards Department of Industrial Relations and as published in Division ofthe OhioAdministrative Code OAC saveand except such portions thereof as may behereinafter amended or deleted PURPOSE The purpose ofthe Ohio Basic Building Code as adopted herein is a To provide uniform standazds and requirements for the erection construction repair alteration and maintenance of buildings including construction of industrialized units Such standazds shall relate to the conservation of energy safety and sanitation of buildings for their intended use and occupancy b Formulate such standazds andrequirements so faz as is practicable in terms ofperformance objectives so as to make adequate performance for the use intended the test ofacceptability s

61 c Permit to the fullest extent feasible the use ofmaterials and technical methods devices and improvements including the use of industrialized units which tend to reduce the cost of construction and erection without affecting minimum requirements for health safety and security ofthe occupants ofbuildings or industrialized units andwithout preferential classes ofmaterials or products ormethods of construction or users treatmentoftypes or d Encourage so faz as may be the standazdization of practicable construction practices methods equipment material and techniques including methods employed to produce industrialized units APPLICATION The Ohio Basic Building Code as adopted in Section applies to all buildings except as follows a Single family two family and three Family dwelling houses which aze not constructed of industrialized for the units except energy conservation provisions required in Chapter 13 Energy Conservation of the OBBC see Ohio RC and b Buildings owned by and used for a function of the United States government c Existing buildings where their location parts equipment and other items do not constitute a serious hazard unless otherwise regulated by the provisions of Chapter 34 Existing Structures oftheobbc d Buildings constructed in accordance with plans which have been approved prior to the effective date oftheobbc e Buildings or structures which are incident to the use for agricultural purposes ofthe land on whichsaid buildings or structures aze located provided suchbuildings or structures aze not used in the business ofretail trade For the purposes of this section a building or structure is not considered used in the business ofretail tradeif fifty percent or more ofthe gross income received from sales ofproducts in the building or structure by the owner or is from operator sales of products produced or raised in a normal crop yeaz on farms owned or OhioRC and operated by the seller see f Agricultural labor camps as defined in OhioRC g Single family two family and three family detached dwelling houses for which have been applications submitted to the Ohio Director of Human Services pursuant to OhioRC for the purposes of operating type A familyday care homes as defined in Ohio RC h Buildings or structures which aze designed constructed and maintained in accordance with Federal standazds and regulations and aze used primarily for Federal and State military purposes where the US Secretary of Defense pursuant to 10USC2233 a15 and 6 and 2237 has 1 Acquired by purchase lease or transfer and constructs expands rehabilitates or corrects and equips such buildings or structures as he or she determines to be necessary to carry out the purposes of Chapter 133 of the USC 61

62 2 Contributed to the State of Ohio such amounts for the acquisition construction expansion rehabilitation and conversion by the State of Ohio of such additional buildings or structures as he or she determines to be required becauseofthefailure ofexisting facilities to meet the purposes of Chapter 133 oftheusc or 3 Contributed to the State of Ohio such amounts for the construction alteration or rehabilitation of arms storage rooms as he or she determines to be required to meet a change inus Department ofdefense standards relating to the safekeeping of arms OAC COMPLIANCE a No owner or any other person shall construct erect build or equip any building or structure to which the Ohio Basic Building Code is applicable or make any addition thereto or alteration thereof except in the ofrepairs case or maintenance that does not affect the construction sanitation safety or any other vital feature of such building or structure Fvithout complying with this chapter Ohio RC Chapters 3781 and 3791 or the Ohio Basie Building Code or fail to comply with any lawful order issued pursuant thereto ORC mason contractor b No architect builder engineer plumber carpenter subcontractor foreman or employee shall violate or assistin violating any ofthe provisions ofthis chapter OhioRC Chapters 3781 and3791 or the OhioBasic Building Code or fail to comply with any lawful order issued pursuant thereto ORC c No owner or any other person shall proceed with the construction erection alteration or equipment of any building or structure to whichthe Ohio Basic Building Code is applicable without complying with this chapter and the plan and specification submission and of the processing requirements Municipality and until plans or drawings specifications and data have been approved or the industrialized unit has been inspected at the point of origin ORC USE AND MAINTENANCE a New Woxk No building or its equipment or appurtenances to which the OhioBasicBuilding Code is applicable under Section shall be erected constructed or installed exceptinconformity with OBBC OAC4101 2I NOTICE OFVIOLATIONS ADJUDICATION OR STOP WORK ORDER a Whenthe Municipality finds that work or equipment is contrary to this chapter approved plans therefor or the Ohio Basic Building Code notice in writing shall be sent to the owner ofthe building involved or Iris or her agent The notice shall state where and inwhat respect the work or does not equipment conform to such lawful requirements and shall specify a reasonable period of time inwhich to conform OAC b Prior to enforcement of Ohio R C Chapters 3781 and 3791 or any rules adopted pursuant thereto including the Ohio Basic Building Code as adopted in Section by any remedy civil or criminal the Municipality shall issue an adjudication order within the meaning ofohiorc to or a stop work order as provided in Section 41012i36ofthe Ohio Administrative Code 62

63 c Every adjudication order shall cite the law or rules duectly involved and shall specify what appliances site prepazations additions or alterations to for the structures plans materials assemblages or procedures aze necessary same to comply with Ohio RC Chapters 3781 and 3791 and or any rules adopted pursuant thereto including the provisions of the Ohio Basic Building Code adopted in Section d The order shall include notice to the party of the procedure for appeal and right to ahearing if requested within thirty days of th ingofthe notice The notice shall also inform the parry that at the hearing he or she may be represented by counsel present his or her arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him or her e Upon the issuance of any order provided for herein or in Section ofthe Ohio Administrative Code the person receiving such order shalt cease work upon the site preparations or structure to be constructed or in the case ofanindustrialized unit the installation ofthe unit or shall cease using the appliance materials assemblages or manufactured product identified in the order until such time as the appeal provided for in accordancehvbeen provisions ofohio RC and atl from appeals suchhearing completed or the order herein has been released OAC Failure to cease work after receipt ofa stop work order as provided in Section oftheohio Administrative Code is hereby declazed tobe a public nuisance OAC COPIES Copies of Codes adopted in this chapter aze on file with the Council inspection by the public and also on file in the County Cland Law Library the Clerk has copies available for distribution to the public at cost Ord Passed CONFLICT a Whenever a provision of the OhioBasic Building Code as adopted in Section conflicts with a provision ofthe Ohio Fire Code or any other order standard or rule ofthe Ohio of Commerce Division of State Department Fire Marshal the provision of the Ohio Basic Building Code shall control except thatrules adopted and orders issued by thefire Mazshalpursuant to Ohio RC Chapter 3743 prevail in the event of a conflict OAC B ORC D b Whenever a provision of the Ohio Basic Building Code as adopted in Section conflicts with a provision of any other standazd techniereof or adopted by the Municipality other than as provided in subsectiona any ordinance resolution rule or regulation of Council the stricter standazd shall control When a c special provision is made in a use group classification of the Ohio Basic Building Code and is inconsistent with a general provision of the governssnnless tappeazs thattthe provisions areecumnlative OAC

64 PENALTY Whoever violates any provision ofthis chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor ofthe first degree and shall be fined notmore thanone thousand dollars1000 or imprisoned not more than six months or both Each day during which noncompliance or a violation continues shall constitute a sepazate offense The City may institute injunction proceedings in Common Pleas Court to abate the nuisance offailure to as referred to in Section shall be and hereby is amendedto read as follows ceaord 60 CHAPTER 1302 Ohio Susie Building Code opwork 79 7t order Passed TnT nnnsr AUTHORITYTO ENFORCE Pursuant to Ohio RC e a nn rovided andauthonzea rn mevuiu Code ursuant tothe Certification approved by andcertification rote adopted by the OhioBoard of Buildine Standazds PI7ITP SE Reserved der a ea iamrio Reserved nznotn 64

65 t n the q tenon F a nm n L aen r a fed STY m vvv e TTY COMPLIANCE a No owner or any other person shall construct erect buiid or equip any building or structure to which the OhioBasis Building Code is applicable or make any addition thereto or alteration thereof except in the case of repairs or maintenance that does not affect the construcfion sanitation safety or any other vital feature of such building or structure without complying with thischapter Ohio RC Chapters 3781 and3791 or the Ohio Basis Building Code or fail to comply with any lawful order issued pursuant thereto ORC

66 f b No architect builder engineer plumber carpenter mason contractor subcontractor foreman or employee shall violate or assist in violating any ofthe provisions ofthis chapter OhioRC Chapters 3781 and 3791 or the Ohio Basic Building Code or fail to comply with any lawful order issued pursuant thereto ORC c No owner or any other person shall proceed with the construction erection alterationor equipment of any building or structure to which the Ohio Basic Building Code is applicable without complying with this chapter and the plan and specification submission of the and processing requirements Municipality and until plans or drawings specifications and data have been approved or the industrialized unit has been inspected at thepoint of origin ORC erw rctvetvct geserved Trc t o tam na t n t a AR 15I Reserved nny int341 eotaatnt ituhtistra ive eda tam nt h c t c 66

67 COPIES Copies of the Codes adopted in this chapter are availableaham A for inspection by the online at public wdt tirs asnxand also on file in the County Law CONFLICT j whenever a provision of the Ohio Basic Building Code as adopted in Section conflicts with a provision ofthe Ohio Fire Code or any other order standazd or rule ofthe Ohio Department of Commerce Division of State Fire Mazshai the rules ofthe Ohio Board ofbuilding Standazds shall supersede and govern any order standazd or rule of thedivision oflabor inthe department of commerce division ofthe state fne mazshal the department of health and of counties andtownships inall cases where such orders standards or rules azein conflict with the rotes ofthe board except that rules adopted and orders issued by the state fae marshal pursuant to Chapter 3743 ofthe Revised Code prevail in the event ofa conflict 84 eneve ap roa mmr u a s ti stri r3hr11 cl N PENALTY Whoever violates any provision of this chapter or any Code adopted herein or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree and shall be fined not morethan one thousand dollazs1000 or imprisoned not more than six months or both Each day during which noncompliance or aviolation continues shall constitute a separate offense The City may institute injunction proceedings in Common Pleas Court to abate the nuisance offailure to cease work after receipt of a stop the as referred to in OhioBuildin Code work order Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council 67

68 and that all such deliberation ofthe Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Adopted President of Council Clerk of Council Approved Mayor 66

69 PLACED ON 1ST READING REFERRED TO THE HOUSING COMMITTEE PLACED ON N12 READING1312 ORDINANCE NO BZ AN ORDINANCE repealing Chapter 1304 National Electrical Code to be consistent with the City oflakewood sstate certification and current Ohio law and WHEREAS the City of Lakewood is certified to enforce the Residential Code ofohio WHEREAS the City is certified to enforce the Ohio Building Code and WHEREAS the most currentversions ofnational Electrical Code are already adopted by reference inboth theresidential Code of Ohio and the Ohio Building Code and WHEREAS Chapter 1304 currently incorrectly references the 1999 National Electrical Code and and WHEREAS Chapter 1304 is in conflict with Ohio law and thecity s state certification WHEREAS the City may by its legislation exercise all powers oflocal self government and adopt and enforce within its 1units such local police sanitary and similar regulations as aze not in conflict with general laws now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 Chapter 1304 currently reading as follows CHAPTER 1304 National Electrical Code PURPOSE AND ADOPTION Pursuant to the provisions ofohiorc the National Electrical Code being particulazly the 1999 edition thereof designated NASUNFPA No is hereby adopted by the City and incorporated by reference as apart of thebuilding Code ofthe City of Lakewood as iffully set out herein except such provisions as aze hereinafter amended enacted or deleted The purpose of a National Electrical Code as adopted herein is the practical safeguarding of persons buildings and dwellings and their contents from hazards arising from theuseofelectricity for heat light and pofver and for other purposes FILEAND DISTRIBUTION COPIES A complete copy of the National Electrical Code as adopted herein is on file with the Clerk of Counciland the Building Commissioner for inspection by the public and a copy is also on file in the Cuyahoga County Law Library The ClerkofCouncil has copies availablefor distributionto thepublic at cost 69

70 CONFLICT OF LAWS Inthe event of any conflict between the requirements of the National Electrical Code andthose of any other code adopted by the City or any City ordinances thatrequirement which establishes the higher or stricter standard shall govern PENALTY a Whoever violates any provision or fails toconform to any requirements ofthenational Electrical Code herein adopted or fails to comply with any order made thereunder or violates any detailed statement or specifications or plans submitted and approved thereunder shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor of the first degree Each day such violation occurs or continues shall constitute a sepazate offense b The application ofthe penalty provided in subsection a hereof shall not be held to prevent the enforced removal ofprohibited conditions shall be and hereby is repealed in its entirety Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting of this Council and that all such deliberation of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Adopted President of Council Clerk ofcouncil Approved Mayor 70

71 PLACED ON 1ST READING REFERRED TO THE HOUSING COMMITTEE PLACED ON 2ND READING1312 ORDINANCE NO 68il BZ AN ORDINANCE repealing Chapter 1310 Residential Code for One Family Dwellings to be consistent with the City of Lakewood Ohio law Two and Three s state certification and current and and WHEREAS The City of Lakewood is certified to enforce the Residential Code of Ohio WHEREAS Chapter 1310 is in conflict with Ohio law and the City s state certification WHEREAS the City may by its legislation exercise all powers oflocalself government and adopt and enforce within its limits suchlocal police sanitary and similar regulations as are not in conflict with general laws now therefore BE IT ORDAINED BY THE CITYOF LAKEWOOD OHIO Section 1 Chapter 1310 currently readingas follows CHAPTER 1310 Residential Code For One Two and Three Family Dwellings PURPOSE AND ADOPTION Pursuant to the Ohio Revised Code there is hereby adopted for the purpose of establishing Rules and Regulations for the erection construction enlargement alteration repair improvement removal conversion demolition equipment use occupancy or maintenance of one two and three family dwelling houses which aze not consimcted as industrialized units and their accessory structures that a certain Code known as the International Residential Code 2000 Edition published as a nationally recognized model code by the ffiternahonal Code Council including Appendix Chapters A B and C thereto except such portions as aze hereinafter deleted modified or amended A complete copy ofsuch Code shall be kept on file at the office of the Building Commissioner and at thelakewood Public Library CONFLICTS OFLAWS Inthe event of any conflict between the requirements ofthe 2000 International Two and Residential Code hereby known as the Residential Code for One 17uee Family Dwellings andthe Regional Dwelling House Code as adopted in Chapter 1301 of the Codified Ordinances of the City of Lakewood or any provision of any other City ordinance or technical code adopted by the City the more restrictive or specific provision shall govern AMENDMENTS ENACTMENTS OR REPEALS 71

72 The following chapters sections or subsections ofthe International Residential Code 2000 Edition are hereby amended enacted or repealed as follows Title Amended These provisions shall be known as the Residential Code for One Two andt7uee Family Dwellings ofthe City of Lakewood Ohio andshall be citedas such andwill be referred to herein asthiscode Scope Amended The provisions of the Residential Code for One Two and Three Family Dwellings shall apply to the construction alteration movement enlargement replacement repair equipment use and occupancy location removal and demolition of detached one two and three family dwellings and multiple single family dwellings townhouses not more than three stories in height with a separate means of egress and their accessory structures Section Existine structures Repealed repealed Section is hereby Section Additions alterations or repairs Repealed Section is hereby repealed Section 8103 Deparhnent of Building Safety Repealed Section hereby repealed Section 8105 Permits Repealed Section 8105 is hereby repealed 8103 is Section 8106 Construction documents Repealed Section 8106 is hereby repealed Section 8107 Temporarystructuresand uses Repealed Section 8107 is hereby repealed Section8108 FeesRepealed Section 8108 is hereby repeated Foundation inspection Amended Inspection of the foundation shall be made a8er trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and prior to the placing of concrete Thefoundation inspection shall include excavation for thickened slabs intended for the support of bearing walls partitions structural supports or equipment and specialrequirements for woodfoundations Plumbine mechanical pas and electrical systems inspection Amended Rough inspection of plumbing mechanical gas and electrical system shall be made prior to covering or concealment and before fixtures or appliances aze set or installed Exception Ground source heat pump loop systems tested in accordance with Section M2105 shall be permitted to be backfilled prior to inspection Section Floodplain inspections Repealed Section is herebyrepealed Change in use Amended Change in the occupancy or use of an existing structure shall not be made except as specified in Chapter 34 of the Ohio Building Code Section 8112BoardofAppeals Repealed Section 8112 is hereby repealed 72

73 Section 8202 Defmitions Amended ACCESSORY STRUCTURE In one rivo andthree family dwellings not more than three stories high with separate means of egress a building the use of4vhich is incidentalto that ofthe main building andwhich is locatedon the same lot BUILDING Building shall mean any one rivo and three family dwelling or portion thereof including townhousesthat is used or designed or intendedto beused for human habitation for living sleeping cooking or eating purposes or any combination thereof and shall include accessory structures thereto CONDITIONED AREA That azea within a building provided with heating and or cooling systems or appliances capable of maintaining through design heatloss or gain 70F21C during the heating season DWELLING Any building that contains one rivo or three dwelling units used intended or designed to be built used rented leased let or hired out to be occupied or that azeoccupied for living purposes HABITABLE SPACE A space in abuilding other than in a basement for living sleeping eating or cooking Bathrooms toilet rooms closets halls storage or utility spaces and similaz azeas aze not considered habitable spaces PLUMBING For the purpose ofthis code plumbing refers to those installations repairs maintenance and alterations regulated by the current Ohio Plumbing Code as amended STRUCTURE Anything constructed orerected the use ofwhichrequires either location onthe ground or attachment to another structure located on the ground including but not limited to barriers bleachers booths buildings platforms poles pools sheds towers and walls and shall include the supporting framework or parts thereofand appurtenances thereto TABLE R Amended CLIMATIC GEOGRAPHIC DESIGN CRITERIA Subject to Damage From Roof Wind Seismic Weather Frost Termite Decay Winter Flood Snow Speed Design ing Line Design Temp Load mph Category Depth Fahrenheit Psi C Severe 36 Moderate Slight 0 inches to Heavy Moderate Hazards EffectiveFIRM is OOO1B Effective date is

74 Date of the jurisdictions entry into the National Flood Insurance Program is February 3d Exterior wallsamended Exterior walls with a fire separation distance less than 3 feet 914 rnm shall have not less than none hour fire resistive rating with exposure from both sides Projections shall not extend beyond the distance determined by the following two methods whichever results inthe lesser projections 1 A point one third distance to the property line from an assumed vertical plane located where protected openings aze required 2 Morethan 12 inches 305 mm into aeeas where openings are prohibited Projections extending into the fne sepazation distance shall have not less than one hour fire resistive construction on the underside The above provisions shalt not apply to wallswhich are perpendiculaz to the line used to detemilne the fuesepazation distance Habitable rooms Amended All habitable rooms shall be provided with aggregate glazing area of not less than 10 percent of the floor azea of such rooms Natural ventilation shall be throughwindows door louvers or other approved openings to the outdoor air Such openings shall beprovided with ready access or shall otherwise be readily controllable by the building occupants The minimum openable area to the outdoors shall be 4 ofthefloor azea percent being ventilated Exceptions 1 The glazed aeeas neednot be openable where the opening is not required by Section 8310 and an approved mechanical ventilation system is provided capable of producing 035 air change hour in the room or a whole house mechanical ventilation system is installed capable of supplying outdoor ventilation air of 15 cubic feet per minute cfm 708L s per occupant computed on the basis oftwo occupants for the first bedroom and one occupant for each additional bedroom 2 The glazed areas need not be provided in rooms where Exceptions 1 above is satisfied and artificial light is provided capable of producing an average illumination of6 footcandles6461ux over the area ofthe room at height of30 inches 762 mm above the floor level Required heating Amended When the winter design temperature in Table R is below 60F16C every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 0F21C at a point 3 feet 914mm above the floor and2 feet 610mm from exterior walls in all rooms at the design temperature Section 8305Ceiling height Repealed Section 8305 ishereby repealed Exit door required Amended Notless than two exit doors conforming to this chapter shall be provided from each dwelling unit unless otherwise permitted by other applicable ordinances The required exit doors shall provide for duect access from the habitable portions of the dwelling to the exterior without requiring travel through a gazage Handrails Amended Handrails having minimum andmaximum heights of 34 inches and 38 inches 864 mm and965 mm respectively measured vertically from the nosing ofthe treads shall be provided on atleast one side ofstairways All required handrails shall be continuous the full length ofthe stairs with three or more risers from a 74

75 point directly above the top riser of a flight to a point directly above the lowest riser ofthe flight Ends shall be returned or shall terminate in newel posts or safety terminals Handrails adjacent to a wall shall have a space of not less than 15inches 38mmberiveenthe wall and the handrail Exceptions 1 Handrailsshall bepermitted to be interrupted by a newel post ataturn 2 The use of a volute turnout or starting easing shall be allowed over the lowest tread R316 1Guards required Amended Porches balconies or raised floor surfaces located more than 24 inches 762 mm above the floor or grade below shall have guazds not less than 36 inches 914 mm in height Open sides ofstairs with a total rise ofmore than 24 inches 610 mm above the floor or grade below shall have guazds not less than 34 inches 864 mm in height measured vertically from the nosing ofthe treads Guard openine limitations AmendedZ Required guards on open sides of stairways raised floor areas balconies and porches shall have intermediate rails or ornamental closures that do not allow passage ofa sphere 5 inches 127mm indiameter Required guazds shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect Exception The triangulaz openings formed by the riser tread andbottom railofa guazd at the open side of a stairway aze permitted to be of such a size that a sphere 6 inches 152 mmcannot pass through R317 1 Alterationsrepairs andadditions Amended When one or more sleeping rooms are added or created in existing dwellings the individual dwelling unit shall be provided with smoke alamts located as required for new dwellings the smoke alarms shall be interconnected and hard wired Exceptions 1 Smoke alarms in existing aeeas shall not be required to be interconnected and hard wired where the altertions or repairs do not result in the removal of interior wall or ceiling finishes exposing the strcture unless there is an attic crawl space orbasement available which could provide access for hazd wiring andinterconnection without the removal ofinterior finishes 2 Repairs to the exterior surfaces of dwellings aze exempt requirements ofthis Section from the R321Two and three family dwellings Amended Dwelling units in two and three family dwellings shall be separated from each other by wall andjor floorassemblies ofnot less than1hourfire resistive rating when tested in accordance with ASTM E119 Fire resistance rated floor ceiling and wall assemblies shall extend to and be tight against the exterior wall and wall assemblies shall extendto the underside oftheroof sheathing Exception A fire resistance rating of z hour shall be permitted in buildings equipped throughout with an automatic sprinkler installed in accordance with system NFPA 13 Section R327 Flood Resistance Conshuction Repealed hereby repealed Section R327 is 75

76 TABLE R FLOOR JOIST SPANS FOR COMMON LUMBER SPECIES Residential sleeping areas live load R is hereby repealed and in place R Residential livingareas liveload 40 psfld Qsf LD360 Repealed Table thereof shall be substituted Table FLOOR JOIST SPANS FOR COMMON LUMBER SPECIES R506 2BaseAmended A4inch thick 102 mm base course consisting of clean graded sand clean graded gravel clean graded crushed stone passing a 2inch 51 mm sieve shall be placed on the prepared subgrade whenthe slab is below grade Exception Abase course is notrequired when the concrete slab is installed on well drained or sand gravel mixture soils classified as Group I according to the United Soil Classification System in accordance with TableR405 1 TABLE R CEII ING JOIST SPANS FOR COMMON LUMBER SPECIES Uninhabitable attics without storage live load10 sf LD 240 Amended Table R is hereby repealed and in place thereof shall be substituted TABLE R CEILING JOIST SPANS FOR COMMON LUMBER SPECIES Uninhabitable attics with limited storage live load 10 psf LD X40 R903 41Overflow drains and scuppers Amended Whereroof drains aze required overflow drains having the same size as theroof drains shall be installed with the inlet flow line located 2 inches 51 mm above the lowpoint ofthe roof or overflow scuppers having threetimes the size ofthe roof drains and having aminimum opening height of4 inches 102 mm maybe installed in the adjacent pazapet walls with the inlet flow located 2 inches 51 mm above the low point of the adjacent roof The installation and sizing of overfow drains leaders and conductors shall comply with the Ohio Plumbing Code Overflow drains shall discharge to an approved location and shall not be connected to roofdrainlines R907 3Recoverine versus replacement AmendedZ New roof coverings shall not be installed without first removing existing roof coverings where anyofthe following conditions occur 1 Where the existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additionalroofing 2 Where the existing roof covering is wood shake slate clay cement or asbestos cementtile 3 Where the existing roof a Has three ormore applications of anytype ofroofcovering or b Is unacceptable per Section R907 2or c Is unacceptable for new application per the manufacturer s specifications 4 For asphalt shingles when the building is located in an azea subject to severe hail damage according to Figure R907 3 Exceptions 1 Complete and separate roofing systems such asstanding seam metal roof systems that aze designed to transmit the roof loads duectly to the building s structural system and that do not rely on existing roofs and roof coverings for support shall notrequire the removal ofexisting roof coverings 76

77 2 Metal panel metal shingle and concreteand clay theroof coverings shall be permitted to be installed over existing wood shake roofs when applied in accordance with Section Termination Amended Chimneys shall extend at least 2 feet 610mm higher than any portion of a building within IS feet 4572 mm but shall not be less than 3 feet 914mm abovethe point where the chimney passes throughthe roof Chapters and 32Amended Chapter and 32 are hereby repealed in their entirety and in place thereof shall be substituted the Ohio Plumbing Code being Chapters to ofthe Ohio Administrative Code and the Ohio Building Code save and except such portions thereof as may be hereinafter amended or deleted Chapter and42amended Chapters and42 are hereby repealed in their entirety and in place thereofshall be substituted the 2002 National Electrical Code per the City oflakewood Ordinance56 98 Appendix G Swimmine Pools Spas and Hot Tubs Repealed Appendix G is hereby repealed Appendix H Patio Covers Repealedl Appendix H is hereby repealed Appendix I Private Sewage Disposal Repealed repealed Appendix I is hereby Appendix J Existing Buildines andstructures lrepealed Appendix J is hereby repealed AnnendixK Sound Transmission Re Baled Appendix Kis hereby repealed PENALTY Any person firm or corporation violating a provision ofthis Residential Code for One Two and Tluee Family Dwellings shall be deemed guilty of a misdemeanor ofthe third degree Ifthe offender hasbeen previously convicted of a violation ofthis section a violation is a misdemeanor ofthe second degree Such person firm or corporation shall bedeemed guilty ofa sepazate offense for each and every day or portion thereof during which any violation of any ofthe provisions ofthisresidential Codefor One Two andthree Family Dwellings is committed continuedor permitted shall be and hereby is repealed in its entirety Section 2 It is found and determined that all formal actions of this Council concemirtg and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberation ofthe Council and of any of its committees that resulted in such formal action were in meetings open to thepublic in compliancewith all legal requirements 77

78 Adopted President of Council Clerk ofcouncil Approved Mayor 78

79 Ij ETROTf AVENUE 9910 k FAX 216f Lakewood tltycouncil BRIAN E POWERS PRESEDENT MARY LOUISE MADIGAN VICE PRESIDENT Council at Large RYANNOWLM BRIAN E POWERS MONIQUE SMITH Ward Council WARDIDAVID ANDERSON WARD II THOMAS BULLOCK WARDIII SHAWN JURIS WARP IVMARY LOUISE MADIOAN January Lakewood City Council Detroit Avenue Lakewood OH Re Proposed Amendment ofsection Dear Members ofcouncil The attached draft ordinance is a clarification of Section ofthe Codified Ordinances Exception Registration and Fee This ordinance makes it clear that veterinarians animal hospitals and approved animal rescue organizations may keepcertain animals for a limited time in furtherance of legitimate purposes Please refer this legislation to the Public Safety Committee Respectfully r Brian E Powers Member of Council At Large 79

80 ORDINANCE NO 212 BZ AN ORDINANCE amending Section ofthe Codified Ordinances Excep tion Registration and Fee for the purpose of permitting temporary exceptions tothe pro hibition of pit bull dogs and canary dogs benefiting licensed veterinarians and animal hospitals and approved animal rescue organizations WHEREAS Chapter 506 of the Codified Ordinances Dangerous and Vicious Animals generally prohibits the harboring or keeping of pit bull dogs and canary dogs in the City and WHEREAS after Chapter 506 was substantially altered with the passage ofordi nance adopted July questions have arisen as to whether pit bull dogs and canary dogs may be kept by veterinarians animal hospitals and animal rescue organiza tions in the City even ifon a temporary basis and WHEREAS a 60 day exception from the ban favoring licensed veterinarians and animal hospitals and approved animal rescue organizations furthers the spirit and intent of Ordinance and adequatelyprotects the public and WHEREAS pursuant to the Constitution of the State of Ohio and the Ohio Re vised Code municipalities have the power to enact laws that are for the health safety welfare comfort and peace ofthe citizens ofthe municipality now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That Section of the Codified Ordinances Exception Registra tion and Fee currently reading as follows EXCEPTION REGISTRATION AND FEE a Any ownerof a dangerous animal as defined in Section on the effective date ofthis section who intends to keep such dangerous anhnal within the City of Lakewood shall have ninety days from the effective date of this section or on a showing of good cause for having failed to adhereto the pro visions hereof within ninety days ofthe effective date ofthis section thirty days from the date the owner is notified of his orher noncompliance to register such dangerous animal with the Duector ofpublic Safety or his or her The fee designee for such registration shall be fifty dollars Registra tion shall take place annually thereafter Registration shall in a

81 clude providing the name and contact informationofthe own er ofthe dangerous animal the location where the dangerous anhnal shall be kept and any other information deemedneces sary to ensure thesafety ofthe public by the Duector ofpublic Safety or his or her designee Registration shall be rejected and the dangerous animal shall be removed from the City of Lakewood ifthe owner fails to show proof annually of com pliance with the following conditions 1 That thedangerous animal has been implanted with a microchip or similaz device approved by the Director of Public Safety for purposes of identification Such information contained on the device shall be main tained in a database by the Division ofanimal Con trol along witha photograph ofthe dangerous animal 2 That the dangerous animal has been spayed or neu tered 3 That the owner has obtained liability insurance with an insurer authorized to write liability insurance in the State providing coverage for each occurrence subject to a limit exclusive ofinterest and costs of not less than one hundred thousand dollazs because of damage or bodily injuryto or death of a human being caused by the animal and that such insurance policy is paid in fullfor the entire period of registration b The following terms conditions and restrictions shall apply to the handling ofa dangerous animal registered pursuant to this Section 1 The dangerous animal while on the premises of its owner or custodian shall be confined indoors or in a securely enclosed pen or dog run azea which shall have sides six feet high and a secure top and its bot tom securedto its sides or imbedded at least one foot into the ground 2 The dangerous animal while offthe premises of its owner or custodian shall be securely muzzled leashed with a chainnot longer thanthree feet having tensile strength of not less than 300 pounds and un der the control of a person eighteen yeazs of age or older who is physically capable of restraining the an imal 3 Any government or utility company employee and anyone else who comes on the property with implied consent or peaceably and lawfully shall immediately be informed ofthe animal sdangerousness c The owner of a dangerous animal shall immediately notify the Director ofpublic Safety or his or her designee of the change of any information contained in the registration of the danger

82 ous animal including but not imited toa change in the address where the animal is kept andifthe animalhas been removed from thecity oflakewood d Registration of the dangerous animal shall be revoked and such animal shall immediately be removed from the City of Lakewood and cannot be returned under these exceptions upon any ofthe following 1 The dangerous animal bites any person or any other animal 2 Failure to comply with any provision ofthis Chapter 3 Removal of the dangerous animal for more than sev en calendar days from the City of Lakewood except for a reasonable period to permit boazding where the owner is unavailable to care far the animal where the owner elects to travel with the animal in lieu of boazding or when seeking medical attention by a li censed veterinazian for the animal 4 The owner provides false information for purposes of registration or fails to properly renew registration in cluding the provision of information required in Sec tions a and cabove An order to remove a dangerous animal shall be is sued by the Director ofpublic Safety or his or her de signee upon conviction of a violation ofthis Chapter by a court of competent jurisdiction or by a fmding that any circumstance in Section d has oc curred by the Director of Public Safety or his or her designee after a hearing e Notwithstanding the provisions of Section any owner of a dangerous animal except for those defined in Section may keep such dangerous animal within the City of Lakewood after 90 days from the effective date of this section provided that the owner adheres to all lawfulorders of Direc tor ofpublic Safety or his or her designee which are deemed necessary to ensure the safety ofthe public including limited to any precautions identified in Section 506 b shall be and hereby is amended to read as follows but not 04a and EXCEPTION REGISTRATION AND FEE a Any owner of a dangerous animal as defined in Section on the effective date ofthis section who intends to keep such dangerous animal within the Cityeakeweed shall have ninety days from the effective date of this section or on a showing of good cause for having failed to adhere to the pro visions hereofwithin ninety days of the effective date of this 82

83 section thirty days from the date the owner is notified ofhis or her noncompliance to register such dangerous animal with the Director of Public Safety or his or her designee The fee for such registration shall be fifty dollars Registra tion shall take place annually thereafter Registration shall in clude providing the name and contact informationof the own er ofthe dangerous animal the location where the dangerous animal shall be kept and any other information deemed neces sary to ensure the safety ofthe public by thedirector ofpublic Safety or his or her designee Registration shall be rejected and the dangerous animal shall be removed from the City of akeweed ifthe owner fails to show proof annually of com pliance withthe following conditions ro c d The owner of a dangerous animal shall immediately notify the Director ofpublic Safety or his or her designee ofthe change of any information contained in the registration ofthe danger ous animal including butnot limited to a change in the address where the animal is kept and ifthe animal has been removed from the City ef Lkeweed Registration of the dangerous animal shall be revoked and such animal shall immediately be removed from the City of akeweed and cannot be returned under these exceptions upon any ofthe following 3 Removal of the dangerous animal for more than sev en calendar days from the City ebakeweed except for a reasonable period to permit boarding where the owner is unavailable to care for the animal where the owner elects to travel with the animal in lieu of boazding or when seeking medical attention by a li censed veterinarian for the animal e Notwithstanding the provisions of Section any owner of a dangerous animal except for those defined in Section may keep such dangerous animal within the Ciry s RakEweedafter 90 days from the effective date ofthis section provided that the owner adheres to all lawful orders ofduec tor of Public Safety or his or her designee which aze deemed necessary to ensure the safety ofthe public including but not limited to any precautions identified in Section506 04a and b f Notwithstandine the provisions of Section any li censed veterinarian anyperson or entity doin business as a stationary veterinary facility and any person or entity doing business as an animal rescue oreanization that has been an 83

84 Section 2 proved by theduector ofpublic Safety may keep a dangerous animal includine those defined in Section within the City provided that the veterinarian veterinary facility and an imal rescue organization keeps the animal in the furtherance of legitimate business or charitable interests adheres to all lawful orders of the Director of Public Safety or his or her deli rg ee which are deemed necessary to ensure the safety ofthe public and keels the dangerous animal for a period ofnot longer than 60days It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting of this Council and that all such deliberation ofthe Council and of any ofits committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Adopted President ofcouncil Clerk of Council Approved Mayor 84

85 I n a ao DETROITAVENUE J FAX216 22F3650 mvw anelakewooo com Lakewood Ciry Council DRIAN POWERS PRESIDENT MARY LOUISE MADIGAN VICEPRESIDENT Council at Large RYANP NOWLM BRIAN E POWERS MONIQUE SMITH Ward Council DAVID W ANDERSON WARD i THOMAS R BULLOCK III WARD 2 SHAWN P JURIS WARD 3 MARYLOUISE MADIGAN WARD 4 February Lakewood City Council Lakewood OH Re Boards and Commissions ad hoc Committee Dear Members of Council In accordance with Chapter of the Codified Ordinances I am assigning Councilmember Juris and myself to an ad hoc committee to review the twenty plus Council appointed advisory groups presently appearing on the City s Committee roster The goal is to work with our Law Director to see where it may be beneficial to consolidate groups that share common interests andde commission others that have become obsolete A secondary goal is to clarify the roles expectations and purpose of the individual Boards After our review the Committee will make a final recommendation to the full Council Sincerely Brian E Powers President of Council 85

86 f i 9 O x G O N p V O a w U O v p 9 qgjqq u 1i q E p AGu O O vl G O W O y b b a o L ay g i c us 7 9 o J CO y O q Y Q y9 O m O Y O j N y gh V Pl h a O L Y W Y7r A H V O O d an ar C A y N A H a D OO q aq0 W PG y 1 b O tl a o S 9 g 3 W Cg v o i ol e o m Ewa a ast N Ci Off 4y e rn O Q 9 WAy S N r y O w O O a O x a Jq s CI MS L9 Oa roii Sw O q q0 tlco b7i am Uva r s6aw eoti W z a tl 4 q i3 v U Zi s Q O q OC1 d s a x F g py7 g 5 9 a S 3oGOU6V 3 gn ag F qj b OI O H y O N d 01 Y 01 0L E 3 m d V U 10 C j C X N yryyrynvi J y U U 00o22 9FA y U Z H 0 O c NCN OCQ L 3 m u pu N E ry O U 33 M N O n p a mw c a J lpa o clp V ry a o c r c a a t c n Ov teavc m mj y ol C mcm 3 NU yf 2 g od m rn10 O Lll O T O po N 3 N N OC YaVO C U p N 0 O 0 O O C ec O A F 3 3 Vi C me rnp m m O O 01 ain a YpO NJ p 100 O L 01 W y N v a O N 10 a y c v Ec c C C t E 01 Ot O L N 3 0 D E L2 Of E J Nm O O c O O s o y pf o C Z g z N i n a a UU O z d30 a8 pp p uze m ti K i y Zcc a m rn c o 0 0 m w S on c U oya cs no w rn c Ofd N yi U 0 L O O1 y C OI d y NNLO CQO N O O O O T Zt0 x c w orn o m Xi d v mm a S J o Ol y w 01 C O O C c ac cc N d c 01 R N ofxi o2xe O J L O a in U ou O O U

87 I o DEn201T AVENUE4A FAX 216J vnvw onelakev ood mm Lakewood City Council BRIAN POWERS PRESIDENT MARY LOUISEMADIGAN VICE PRESIDENT Council atlarge RYAN P NOWLIN BRIANE POWERS MONIQUE SMITH Ward Council DAVIDW ANDERSON WARD 1 THOMAS R BULLOCK IIWARD 2 SHAWN P JURIS WARD 3 MARY LOUISE MADIGAN WARD 4 February Lakewood City Council Detroit Avenue Lakewood Ohio Re Re Appointment of John Mitterholzer to the Citizens Advisory Committee Dear Fellow Members of Council This letter serves to confirm that I have re appointed John Mitterholzer to serve on the Citizens Advisory Committee Prior to joining Council I had the to serve opportunity with Mr Mitterholzer on the CAC Mr Mitterholzer sprofessional knowledge and experience were tremendous assets to the CAC and I am confident that he will continue to serve the CACwell Sincerely Ryan P Nowlin Councihnember at Large 87

88 lj 12650DEIRDIT AVENUE FAX ywy onelakewood com Lakewood CtyCouncil BRIAN POWERS PRES DENT MARY LOUiSE MADIGAN VICE PRESIDENT Council at Large RYAN P NOWLIN BRIAN E POWERS MONIQUE SM TH Lakewood City Council Lakewood OH Re Prohibit Smoking in Parks February Ward Council DAVID WANDERSON WARD 1 THOMAS R BULLOCK IIIWARD 2 SI IAWN P JIJRIS WARD 3 MARYLOUISE MADIGAN WARD 4 Smoking in our bars restaurants and public buildings seems a strange and distant memory to most residents and is unknown and unhnaginable to our youngest citizens That s a big shift in a short time We are a healthier community for it free It is time for Lakewood to take the next step Our pazks and people who use them need to go smoke The City sparks are intended for the healthy enjoyment of all They are public spaces designed to encourage exercise and activity Second hand smoke inhibits that Second hand smoke is dangerous and smells bad Smoking and tobacco use in parks causes from cigarette butts cigaz butts and other tobacco related waste like packages lighters and other trash It is behavior that Lakewood schildren and youth do not need to see while they are riding running or playing And it is behavior we should NOT allow at the skate pazk tennis courts orball fields We all know smoking is bad forus We shouldn thaveto put up withit in ourparks We are asking the Law Director to draft language for an ordinance prohibiting smoking in all Lakewood Parks We suggest consideration of the ordinance through the Human Services Committee f Monique Smith Councilmember at Lazge Sincerely y Mary Louise Madigan Councilmember Ward 4 88

89 ilf i ofx DETROIT AVENUE FAX WEBSrfE www onelakewood com MICHAEL P SUMMERS MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio Re Mayor Appointment to PlanningCommission Dear Members of Council I would like to announce the appointment ofpatrick Metzger tothe Planning Commission Pat is a long time Lakewood resident He is a former member ofthe Citizens Advisory Committee and has vast knowledge and experience in the area of economic and community development His term shall begin immediately and expire December I am grateful to Pat forbeing willing tovolunteer his time energy and knowledge to improve the quality oflakewood His qualifications know citywill be an assetto the Planning Commission Sincerely how and dedication to our Michael P Summers 89 A J

90 Ij h C Oe NAM DETROIT AVENUE fax Websitevnwr onelakewood com MICHAEL P SUMMERS MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio Re Appointments to the Heritage Advisory Board and the Board ofnuisance Abatement Appeals Dear Members of Council This eveningi would like to announcei am re appointing Marcia Moll tothe Lakewood Heritage Advisory Board Her term will begin immediately and expire I would also like to announceiamre appointing Patrick Corrigan tothe Board ofnuisance Abatement Appeals His term will begin immediately and expire Patrick will serve asco chair alongside Chuck Shaughnessy I would like to express my appreciation tomarcia and Pat fortheir volunteer efforts and their commitment toour community Sincerely Michael P Summers 90

91 I DETROIT AVENUE fax Website www onelakewood com MICHAEL P SUMMERS MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio Re Appointment to the Board of Nuisance Abatement Appeals Dear Members of the Council I am pleased to announce myre appointment ofmatt Sattler to theboard ofnuisance Abatement Appeals Matt is a long time Lakewood resident and is vested in this community While his education and experience in economic and community development have been assets to this Board so have his passion and his vision to address any present and future challenges Lakewood may experience Matt sterm will begin immediately and expire December I amgrateful to Matt for being willing tovolunteer histime energy and knowledge to improve the quality oflakewood His qualifications know how and dedication to our city will be an asset to the Board ofnuisance Abatement Appeals Sincerely Michael P Summers 9

92 Ii Y DETROIT AWebEe4one akewood com fax MICHAEL P SUMMERS MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio Re Appointment tothe Board ofzoningappeals Dear Members of Council Iwould liketo announce my appointment of Cynthia Ann Bender tothe Board ofzoning Appeals Her term began on January andwill expire on December Iwould also liketo express my appreciation to Cynthia for her volunteer efforts and her commitment to our community Sincerely Michael P Summers 9 2 ip

93 Ilj l h A O NOP com fax DETROIT A WebEe4one akewood MICHAEL P SUMMERS MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio 4410 Re Appointment to the Board ofbuilding Standards and Building Appeals Dear Members of Council Iwrite council today to notify youthat I appoinems She will bte avaluable addition to tthe Board ofbuilding Standards and Building App important work ofthis Board Her term will begin immediately and expires on December Cindy is an experienced design professional and worked as a project manager for a number of architectural and engineering firms prior to going into practice for herself She is a long time Lakewood resident and has been activpta and the uniortwomen s Club oflakewood Lakewood Alive Lincoln Elementary Cindy squalifications and dedicationto our city will be an assettothe Board ofbuilding Standards and Building Appeals Sincerely onthe lmichael P Summers 93 a

94 Il OeNO DETROIT AVENUE fax MICHAEL P SUMMERS Website www onelakewood com MAYOR February Lakewood City Council Detroit Avenue Lakewood Ohio Re Appointment to the Citizens DearMembers ofcouncil Advisory Committee I am pleased to announce myre appointment of JohnLitten to His term will begin February and expire on February e 2014 ns Advisory Committee reviousl served on this committee as an appointee of former Mayor FitzGerald where he John p Y served with en huoabeutifixl and vested inlthis tynhis qualifkc c t ons andddedi willn er ation ofkeep Lake Committee continue to be an asset tothe Citizens Advisory Sincere r Michael P Summers 94 tj

95 il DETROIT A WebEe 4 onelakewoodcom fax MICHAEL P SUMMERS MAYOR February LakewoodCiry Council Detroit Avenue Lakewood Ohio DearMembers of Council en o ed a The Lakewood Board ofeducation and Lakewood city government have long J Y cooperative and supporting relationship of shared services shared use offacilities and mutual benefit Some prominent examples include Lakewood city government extending our wholesale gasoline price levels to tayomho1edu c7aeis a e statof the artfibertoptic ciltywidoe network hosted parking lot use and managed at Lakewood High School City g and operators to help maint Fr omeoitam g blok cubs izenlengagement ci gr ep ers are ou sand dedicated to school safety organizations promoting educational events meet on school property convenience of our citizens whom we both serve overmnent extends the use ofspecial equipment mthe evenings for the Our relationship over the shared and reciprocal use offacilities has taken shape in a propose advanced by the School Board which I support I submit this memorandum ofunderstanding si afore on its final form foryour consideration MOU and a resolution permitting my gn isincer Michael P Summers 95 tj

96 RESOLUTION NO BY A RESOLUTION to take effect immediately provided it receives the vote of at least five 5 members ofcouncil or otherwise to take effect atthe earliest period allowed bylaw author izing the Mayor to enter into an agreement with the Superintendent of Lakewood City Schools committing the City of Lakewood to a memorandum of understanding regarding the shared and reciprocal use offacilities WHEREAS before the Mayor is a proposed memorandum ofunderstanding attached in its current form hereto but not fmalized outlining the terms of the City s and Schools shared and reciprocal useof facilities and WHEREAS the intent ofthe memorandum of understanding is to encourage the mutually beneficial useoffacilities by the City and Schools under cleaz guidelines and WHEREAS in the spirit of continuing to promote a historically harmonious relationship with the Schools this Council and Mayor wish to enter into such an agreement when finalized and WHEREAS this Council by a vote ofatleast five 5 ofits members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III Sections 10 and 13 ofthe Second Amended Charter ofthe City oflakewood and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that the City wishes to enter into a fully negotiated memorandum ofunderstanding soon so as to take advantage terms as the occasion arises now therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD OHIO of its Section 1 The Mayor is herebyauthorized to enter into a memorandum ofunderstanding with the Superintendent oflakewood City Schools committing the City to its terms regarding the shazed and reciprocal use offacilities Section 2 It is found and determined that all formal actions ofthis Council concerning and relating to the passage ofthis resolution were adopted in an open meeting ofthis council and that all such deliberations of this Council and any ofits committees that resulted in such formal action were in meetings open tothe public in compliance with all legal requirements Section 3 This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City 96

97 and forthe usual daily operation of the City forthe reasons set forth and defined in thepre amble to this resolution and provided it receives the affirmative vote of at least five 5 members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor or otherwise shall take effect and be in force after the earli estperiod allowed by law Adopted President Clerk Approved Mayor 97

98 MEMORANDUM OFUNDERSTANDING between CITY OF LAKEWOOD OHIO and LAKEWOOD CITY SCHOOL DISTRICT regarding SHARED RECIPROCAL FACILITY USE THIS MEMORANDUM OF UNDERSTANDING MOU is entered into at Lakewood Ohio on this day of 2012 by and between the City oflakewood Detroit Avenue Lakewood Ohio hereinafter referred to as CITY and the LAKEWOOD CITY SCHOOL DISTRICT 1470 Warren Road Lakewood Ohio hereinafter referred to as SCHOOL DISTRICT and WHEREAS the CITY provides SCHOOL DISTRICT with various services of value to SCHOOLDISTRICT without obligation and WHEREAS the CITY and SCHOOL DISTRICT recognize the benefit for all Lakewood citizens in allowing the CITY to use SCHOOL DISTRICT facilities for certain purposes and of allowing SCHOOL DISTRICT to use CITY facilities for certain purposes and WHEREAS the parties are memorializing this arrangement below in order to foster greater clarity and communication between the CITY and SCHOOL DISTRICT and WHEREAS the City Council pursuant to Resolution No 2012 authorized the Mayor to enter into and to administerthis MOU and WHEREAS the Lakewood City School District Board of Education BOARD pursuant to Resolution No 2012 authorized the Superintendent to enter into and to administer this MOU and t

99 NOW THEREFORE the CITY and SCHOOL DISTRICT each acknowledging the sufficiency of the consideration agree as follows SECTION 1 SHARED RECIPROCAL FACILITY USE 1 Upon prior approval and discretion of the Superintendent of the SCHOOL DISTRICT the CITY may use SCHOOL DISTRICT facilities at no cost during usual hours of operation and during times when regular SCHOOL DISTRICT personnel are already onstaff scheduled to work Upon prior approval and discretion ofthe Mayor ofthe CITY and or his designee SCHOOL DISTRICT may use CITY facilities atno cost during usual hours of operation and during times when regular CITY personnel are already on staffischeduled towork 12 Except for the no cost conditions set forth in Section 1 above and as otherwise expressly stated in this MOU such use by the CITY is subject to the terms and conditions set forth in BOARD Policy 7510 Use of District Facilities and Charges and Priorities for Use of School Facilities all other applicable BOARD policies and all applicable local state and federal laws including but not limited to Ohio Revised Code Each party and its users shall abide by all CITY and SCHOOL DISTRICT guidelines and rules regarding the use of CITY and SCHOOL DISTRICT grounds and facilities and be liable for any damage incurred SECTION 2 TERM AND TERMINATION OF AGREEMENT 21 This MOU shall be for a term of one 1 year commencing on the effective date of this MOUand terminating twelve 12 months later SECTION 3 INSURANCE 31 Each party shall each maintain and fully comply with all workers compensation laws ofthe State of Ohio and shall maintain private insurance coverage ofsuch type or designation

100 and with such policy limitations and amount of coverage as is necessary and sufficient to cover the use of the CITY and SCHOOL DISTRICT facilities The CITY shall name SCHOOL DISTRICT as additional insured with respect to SCHOOL DISTRICT facilities used by the CITY The SCHOOL DISTRICT shall name CITY as additional insured with respect to CITY facilities used by the SCHOOL DISTRICT 32 A certificate of coverage showing each party as an additional insured shall be made available to the other parry upon request SECTION 4 INDEMNIFICATION 41 Neither the CITY nor the SCHOOL DISTRICT agrees to indemnify or hold the other party harmless from or against any and all losses damages settlements costs charges or other expenses or liabilities of every kind and character arising out ofor relating to any and all claims liens demands obligations actions proceedings or causes ofaction of everykind and characterarising outofthe acts omissions and or negligence of the other or its employees subcontractors materialmen agents or others acting in concert therewith However in the event that insurance coverage is invoked as to either party as an additional insured or otherwise the primary parry to the insurance coverage may provide for defense ofthe other ARTICLE 5 MISCELLANEOUS 51 Nothing contained in this MOU shall be construed as creating any personal liability on the part of any employee or official of the SCHOOL DISTRICT 52 No assignment by a party hereto of any rights obligations or interests in this MOU shall be permitted without the prior written consent ofthe other party 53 If anyprovision ofthis MOU or the application thereof to any person

101 or circumstances is held invalid such invalidity shall not affect other provisions or applications of this MOUwhich can be given effect without the invalid provision or application and tothis end the provisions of this MOU are severable 54 The interpretation constructionand enforcement of the provisions of this MOU shall be made in strict conformance with the laws ofthe State of Ohio 5 This MOU shall be construed toinure to the benefit of and be binding upon all ofthe parties and their respective successors in interest and assigns IN WITNESS WHEREOF the parties hereto have made and executed this MOUonthe day and year and at the place above firstwritten ATTEST SCHOOL DISTRICT LAKEWOOD CITY SCHOOL DISTRICT By Jeffrey W Patterson Superintendent ATTEST CITY CITY OF LAKEWOOD OHIO By Michael P Summers Mayor O1

102 Ii DETROIT AVENUE FAX Jennifer R Pae Director ocfinance February Lakewood City Council Re 2012 Capital Contracting Ordinances Deaz Members ofcouncil Attached you will fmd ordinances granting contracting authority for the 2012 Capital Improvement Program These ordinances will allow the Administration to enter into contracts for capital projects identified in the vazious categories in amounts notto exceedthe ordinances totals Building Facilities Improvements Building Facilities Improvement Professional Services CDBG Infrastructure Improvements Sidewalk Improvement Program Street Reconstruction Rehabilitation Street Signs Traffic Signals Street Signs Traffic Signals Professional Services 250 Vehicles Machinery Equipment Water System Improvements Wastewater Collection System Improvements within the 2012 The various projects within the 2012 Capital Improvement Plan are budgeted Appropriation Ordinance and expenditures are projected to occur using available balances within funds anticipated grants and Fmancing mechanisms such as General Obligation Bond Anticipation Notes and Municipal Capital Leases Please place these ordinances on first reading and refer to the appropriate and discussion committee for review Respectfully ennifer R Pae Duector offinance GJ 102

103 ORDINANCE NO 312 BZ vote of AN ORDINANCE to take effect immediately provided it receives the affirmative at least five 5 members ofcouncil or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and orthe Purchasing Manager to advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code ofthe City of Lakewood for the purchase of Street Signs and Traffic Signals with contracts not to exceed the specified amounts shown without separate resolution ofcouncil WHEREAS this Council by avote ofat least five 5 ofits members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that certain capital improvements projects are to be undertaken beginning January in accordance with the Capital Improvement Plan for fiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OFLAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safety the Director ofpublic Works and the Director of Finance are hereby authorized and directed to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code ofthe City oflakewood for the street signs and traffic signals contracts not to exceed the specified amounts shown except as hereinafter provided Street Signs Traffic Signals

104 amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and of any of its committees that resulted in such formal action were in meetings open to the public incompliance with all legal requirements Section 4 That this ordinance is hereby declared to be an emergency measure necessary to provide forthe usual daily operation ofthe City for the reasons set forth and defined in the preamble and provided it receives the affirmative vote ofatleast five of its members ofcouncil this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by themayor otherwise it shall take effect and be in force after the earliest period allowed bylaw Adopted President of Council Clerk of Council Approved Mayor 104

105 BY ORDINANCE NO 412 AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five members of Council othertivise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager to engage architectural and orengineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder forbuildings Facilities Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil WHEREAS this Council by a vote ofat least five 5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public property health and safety and toprovide for the usual daily operation of municipal departments in Plan for the 2012rtn accordancewth Capital Improvement fiscal beginning on or after January year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and orthe Purchasing Manager is hereby authorized and directed to engage architectural and or engineering firms to provide professional services for the design preparation of specifications construction inspection contract administration and to advertise forbids and enter into acontract with the lowest and best bidder in accordance with the ontracts not to exceed the spec fed amouisshown texcept as Buildings Facilities Improvements hereinafter prohvided provements Section 2 That the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in amounts not to exceed the specified 105

106 amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and ofany of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 That this ordinance is hereby declared to be anemergency measure necessary to provide for the usual daily operation ofthe City for the reasons setforth and defined in the preamble and provided it receives theaffirmative vote of at least five ofits members ofcouncil this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted president ofcouncil Clerk of Council Approved Mayor 106

107 ORDINANCE N0 5i2 BY at least five5 members of Council or otherwise to take effect andbfor of PublicrSafety 1 the period allowed by law authorizing and directing the Mayor D Director of Public Works the Director of Law the Director of Finance and orthe Purchasing Manager to engage architectural and or engineering firms to provide professional services in the AN ORDINANCE to take effect immediately provided it receives the affirmative vote of design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the Wastewater System Replacement Program in accordance with the Administrative Code of the City oflakewood contracts not to exceed the specified amounts shown without separate resolutionof Council WHEREAS this Council by a vote ofatleast five 5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF healh adosafety and to provide forsthe usual daily operafotn preservation ofthe public property of municipal departments in that certain capital improvements projects are to be undert en beginning on or after January in accordance withthe Capital Improvement Plan forfiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed re aration oflstecfcatio constructionginspect onroontract tratinrcand admini to the design p p p advertise for bids and enter into a contractwith the lowest and best bidder in accordance witht e provements ontracts not to exeedthe spec f d mountsshown texcept hee innafter provided as Wastewater System Replacement Program Section 2 That the Mayor Director ofpublic Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in mounts not to exceed the specified amounts without further action from Council and to enter into contracts in excess of specified 107

108 amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 That this ordinance is hereby declared to be an emergency measure necessary to provide for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance and provided it receives the affirmative vote of at least five of its members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President of Council Clerk of Council Approved Mayor 108

109 ORDINANCE NO 612 BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing or engineering firms to provide professional services in the Manager to engage architecturaland design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for CDBGFund Infrastructure Improvements in accordance with the administrative code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution of Council WHEREAS this Council by avote ofat least five 5 ofits members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that certain capital improvements projects are to be undertaken beginning on or after January in accordance with the Capital Improvement Plan for fiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director of Public Safety the Director ofpublic Works the Director oflaw the Director offinance and or the Purchasing Manager is hereby authorized and directedto engage architectural and or engineering firms to provide professional services for the design preparation of specifications construction inspection contract administration and to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the administrative code of the City of Lakewood for the following CDBGFund Infrastructure Improvements contracts not to exceed the specified amounts shown except as hereinafter provided CDBGInfrastructure Projects Section 2 That the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in amounts not to exceed the specified 109

110 amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that ail formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to thepublic incompliance with all legal requirements Section 4 This ordinance is hereby declared to be an measure emergency necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in thepreamble and provided it receives the affirmative vote of at least five 5 of members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted president of Council Clerk of Council Approved Mayor 110

111 ORDINANCE NO 712 BY AN Ohmtubers of Councilf or otherwise to take effect and beintforceaftertthe earliest at least five period allowed by law authorizing and directi the Directo offinance and orlthepurech asing Director ofpublic Works the Director of Law Manager to engage architectural andlor engineering firms to provide professional services in the design and pcontract with the lowest and bet bidder for Sigsa Traffic Signals in accordance enter into a with thesownwithout separate resol tonofcoec1 od contracts not to exceed the specifie amountswhereas this Council by a vote of at least five5 ofits members determines that this ordinancass san forthg narticle d10 ancd s 131ofthe III SECTIONS SECOND AMENDED possible CHARTER OF THE CITY OF heath andodety and to provide for the usual daily operation preservation of the public property of municipal departments in 1h2012 1a copdancewththe Capital Improvement Plan for faiscal beginning on or after January year 2012 Now therefore BE IT ORDAINED BY THE CITY OFLAKEWOOD OHIO Director of La Section 1 That the Mayor Director ofpublic Safety the Director ofpublic Works the entae Darchitecturahandior engineerhng servhces for firms t provide professional g g and directed to the design preparation of specifications construction inspection contract administration an to advertise for bids and enter into acontract with the lowest and best bidder in accordance witht e of Lakewood for the following Infrastructure Improvements Administrative Code of the City contracts not to exceed the specified amounts shown except ashereinafter provided Signs TrafficSignals

112 Section 2 That the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance andlor the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in amounts not to exceed the specified amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any ofits committees that resulted in such formal actionwere in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declared measure tobe anemergency necessary for the immediate preservation ofthe public peace property health safety and welfare in thecity and for theusual daily operation ofthe Cityfor the reasons set forth and defined in the preamble and provided itreceives the affirmative vote ofat least five 5 of members of Council this ordinanceshall take effect and be in force immediately upon its adoption by the Council and approval bythe Mayor otherwise it shall take effect and be in force after the earliest period allowed bylaw Adopted President of Council Clerk of Council Approved Mayor 112

113 ORDINANCE NO 812 BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director offinance and or the Purchasing Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Buildings Facilities Improvements in accordance with the Administrative Code of the City oflakewood contracts not to exceed the specified amounts shown without separate resolution of Council WHEREAS this Council by a vote ofatleast five5 ofits members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public properly health and safety and to provide for the usual daily operation of municipal departments in that certain capital improvements projects are to be undertaken beginning on or after January in accordancewith the Capital Improvement Plan for fiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safety the Director of Public Works the Director of Law the Director of Finance and orthe Purchasing Manager is hereby authorized and directed to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the following Infrastructure Improvements contracts not to exceed the specified amounts shown except as hereinafter provided Buildings Facilities Improvements

114 Section2 That the Mayor Director ofpublic Safety the Director of Public Works the Dilded ected to enterdintocontra is as set forthlabove in amounts notgto exceedthe speified an amounts without further action from Council and to enter into contracts in excess of specifie amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that ail formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to thepublic in compliance with all legal requirements Section 4 This ordinance is hereby declared to beheaith safety and welfare inthity the immediate preservation of the public peace property and for the usual daily operation of the City forthe reasons setfort membersdof tcounclmthis and provided it receives the affirmative vote of at least five 5 of ordln ale Y tithemayorfeotherwse it shall take effect land be in foroetafterthe eabest period app allowed by law Adopted President of Council Clerk of Council Approved Mayor 114

115 ORDINANCE NO 912 BY N ORDINANCE to take effect immediately provided it receives the affirmative vote of period allowed by law authorizing and directinhe Directo off1inanoe oandlorlthespur hasing at least five 5 members of Council or otherwise to take effect and be in force after the earliest Director of Public Works the Director of Law Manager to engage architectural and orengineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Sidewalk Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil WHEREAS this Council by a vote ofat least five5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF healh andosdafety and to provide fort eusual daily operation preservation ofthe publicproperty of municipal departments in that certain capital improvements projects are to be undert en beginning on or after January in accordance with the Capital Improvement Plan for fiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safety the Director ofpublic Works the Diredirectd to and engagedachitecturalrand or engineerhng firrms t provide professional services for the design preparation of specifications construction inspection contract administration an advertise for bids and enter into a contract with the lowestand best bidder in accordance withthe cretract shown texceptlas heeinnafter protvided provements t not to exceed the spec fid amounts to Sidewalk Improvements DueCiiected enterdnto contractsnas above nhamounts notgo exceedthe to set forth spe ified and d Section 2 That the Mayor Director of Public Safety the Director ofpublic Works the 115

116 amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and for the usual daily operation of the City forthe reasons set forth and defined in thepreamble and provided it receives the affirmative vote of at least five 5 of members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President ofcouncil Clerk of Council Approved Mayor 116

117 ORDINANCE NO BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of period allowed by law authorizing and directi the Directo offinance andlorlthe Purehasing at least five 5 members of Council or otherwise to take effect and be in force after the earliest Director of Public Works the Director of Law Manager to engage architectural and or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowestand best bidder for Street Infrastructure Improvements in accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution ofcouncil WHEREAS this Council by a vote ofat least five 5 ofits members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF preservation of the public propertyheakewanaodery and to provide fort eusual daily operation of municipal departments in that certain capital improvements projects are to be undertaken beginning on or after January in accordance with the Capital Improvement Plan forfiscal year 2012 Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safety the Director ofpublic Works the Director of Law the Director of Finance and orthe Purchasing Manager is hereby authorized and directed to engage architecturai and or engineering firms to provide professional services for the design preparation of specifications construction inspection contract administration and to advertise forbids and enter into a contract withthe lowestand best bidder in accordance withthe provements shown texcept ontractnotto exceed to spec fid amounts as heeinafter provided Street Infrastructure Improvements

118 Section 2 That the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in amounts not to exceed the specified amounts without further action from Council and to enter into contracts in excess ofspecified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and ofany of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and forthe usual daily operation of the City for thereasons setforth and defined in the preamble and provided it receives the affirmative vote of at least five 5 of members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President of Council Clerk of Council Approved Mayor 118

119 ORDINANCE NO BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director of Public Works the Director of Law the Director of Finance and or the Purchasing Manager to advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code ofthe City of Lakewood for the purchase ofvehicles Machinery and in Equipment accordance with the Administrative Code of the City of Lakewood contracts not to exceed the specified amounts shown without separate resolution of Council WHEREAS this Council by a vote of at least five 5 of its members determines that this ordinance is an emergency measure and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF heagewanoodet and to provide eusual daily operatiotn fort preservation of the public property of municipal departments in that certain capital improvements projects are to be undertaken beginning January in accordance withthe Capital hnprovement Plan for fiscal 2012 year Now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safety the Director ofpublic Works and the Director of Finance are hereby authorized and directed to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code ofthe City of Lakewood for the following vehicles and equipment contracts not to exceed the specified ashereinafter provided amounts shown except Vehicles Machinery and Equipment

120 Section 2 That the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance andlor the Purchasing Manager is hereby authorized and directed to enter into contracts as set forth above in amounts not to exceed the specified amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting ofthis Council and that all such deliberations ofthis Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and forthe usual daily operation ofthe City forthe reasons set forth and defined in the preamble and provided it receives the affirmative voteof at least five5 ofmembers of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President ofcouncil Clerk of Council Approved Mayor 120

121 ORDINANCE NO 12L2 BY AN ORDINANCE totake effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and orthe Purchasing Manager to engage architectural and orengineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and Water System Replacement enter into a contract with the lowest and best bidder for the Program in accordance with the Administrative Code ofthe City of Lakewood contracts not to exceed the specified amounts shown withoutseparate resolution ofcouncil WHEREAS this Council by avote ofat least five 5 of its members determines that this ordinance is an emergency measure and that this ordinance shalt take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public properly health and safety and to provide forthe usual daily operation of municipal departments in that certain capital improvements projects are to be undertaken beginning on or after January in accordance with the Capitai Improvement Plan for fiscal year 2012 Now therefore BE IT ORDAINED BYTHE CITY OFLAKEWOOD OHIO Section 1 That the Mayor Director ofpublic Safery the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized and directed to engage architectural and orengineering firms to provide professionai services for the design preparation of specifications construction inspection contract administration and to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the contracts not to exeed the specfeed amounts shownexcept as Water System Replacement Program heeinafter provided provements Section 2 That the Mayor Director of Public Safety the Director ofpublic Works the Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized 121

122 and directed to enter into contracts as set forth above in amounts not to exceed the specified amounts without further action from Council and to enter into contracts in excess of specified amounts only upon consent of Council evidenced by adoption of a resolution specifying the authorized amount Section 3 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and ofany of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 4 This ordinance is hereby declaredto b health safencand welfarei n thecity the immediate preservation ofthe public peace property and for the usual daily operation ofthe City for the reasons set forth and definedin thepreamble and provided itreceives the affirmative vote ofat least five 5 of members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect andbe in force after the earliest period allowed by law ty Adopted president ofcouncil Clerk of Council Approved Mayor 122

123 1j 0 rrr orxr LAW DEPARTMENT OFFICE OF PROSECUTION Detrott Avenue Lakewood Ohlo Faz www onelakewood com law@iakewoodoh net KEVIN M BUTLER DIRECTOR OF LAW JENNIFER LMLADEK ASSISTANT LAW DIRECTOR PAMELA ROESSNER ASS STAM PROSECUTOR ASHLEY L BELZER LEGAL INTERN February Lakewood City Council Detroit Avenue Lakewood Ohio Re Update ofcriminal theft ordinances following passage of129hb 86 Dear Members of Council Please fmd attached an ordinance that if adopted would bring several theft related offenses in the Lakewood Codified Ordinances in line with current state law In late 2011 the Ohio General Assembly passed HB 86 which raised the minhnum value of property loss incurred from the commission ofcertain felony theft offenses from 500 to 1000 The change had the effect of rendering outdated our parallel misdemeanor theft offenses which make every loss above500 afelony If adopted this ordinance wouldresolve the discrepancy between the Codified Ordinances and the Ohio Revised Code Section 10 ofthe proposed ordinance also augments the language ofour code section on receiving stolen property The change would accord victim status to bona fidepurchasers ofstolen property retrieved bythe police and returned to its rightful owner Please referthe ordinance to an appropriate committeefor further discussion and deliberation Very truly yours KMButler 123

124 ORDINANCE NO t12 BZ AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect atthe earliest period allowed by law amending Sections Cheating Falsification Arson Petry Theft Insurance Fraud Passing Bad Checks Misuse of Credit Cards Tampering with Records Securing Writings by Deception Receiving Stolen Property Criminal Simulation and Taking the Identity of Another ofthe Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted state code affecting the classification of misdemeanor theft related offenses and providing addi tional protections to victims ofreceiving stolen properly WHEREAS 129 HB 86 effective September raised the minimum threshold for felony theft related offenses including the offenses identified in the title of this ordinance under the Ohio Revised Codeto one thousand dollars 1000 and WHEREAS theft related offenses not rising to the level of felonies are misdemeanors prosecuted by the City and WHEREAS the sections of the Lakewood Codified Ordinances defming offenses or pen alties must be strictly construed against the City and liberally construed in favor ofthe accused warranting the City sstrict adherence to the state code sclassification ofoffenses and sections in WHEREAS the changes in 129 HB 86 would render theabove captioned consistent with the Ohio Revised Code which change the dollar amount at which a crime be comes afelony and thus are required to be changed and WHEREAS Section ofthe Codified Ordinances stands to be clarified in order to permit victim status to be conferred upon bona fide purchasers for value whenthey purchase sto len properly in anarm slength transaction and yet have that property lawfully confiscated by the Lakewood Police and WHEREAS Article 18 Section 3 ofthe Constitution of the State of Ohio permits mu nicipalities toexercise all powers oflocalself government and to adopt and enforce within their limits such as local police sanitary and other regulations as are not in conflict with general laws and WHEREAS this Council by avote of at least five 5 of its members determines that this ordmance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III Sections 10 and 13 ofthe Second Amended Charter ofthe City oflakewood 124

125 and that it is necessary for the immediate preservation ofthe public property health and safety and to provide for the usual daily operation of municipal departments in that the City wishes to close any window oftime between the effective date ofthe state code change and the effective date ofthe local code change now therefore BE IT ORDAINED BY THE CITY OFLAKEWOOD STATE OF OHIO Section 1 Section Cheating of the Codified Ordinances of the City of Lake wood currently reading as follows CHEATING a No person with purpose to defraud or knowing that he is facilitating a fraud shall engage in conduct designed to corrupt the outcome of 1 The subject ofa bet 2 A contest ofknowledge skillspeed strength or endurance 3 A scheme or game ofchance b Whoever violates this section is guilty of cheating a misdemeanor of the first degree if the potential gain from is less than three cheating hundred dollars 300 or if the offender has not previously been convicted of any gambling offense or of any theft offense as defined in Section shall be and hereby is amended to read as follows CHEATING b Whoever violates this section is guilty of cheating a misdemeanor of the fast degree if the potential gain from cheating is less than flues hundred one thousand dollazs or ifthe offender has not previously been convicted of any gambling offense or of any theft offense as definedin Section Section 2 Section Falsification of the Codified Ordinances of the City of Lake wood currently reading as follows FALSIFICATION a No person shall knowingly make a false statement or knowingly sweaz or affirmthe truth ofa false statement previously made when any ofthe following applies 1 The statement is made in any official proceeding 2 The statement is made with purpose to incriminate another 125

126 3 The statement is made with purpose to mislead a public officialin per forming his or her officialfunction 4 The statement is made with purpose to secure the payment ofworkers compensation unemployment compensation aid for the aged aid for the blind aid for the permanently and totally disabled aid to dependent children general assistance disability assistance administered by the OhioDepartment of Human Services retirement benefits or other bene fits administered by a governmental agency or paid out of a public treasury 5 The statement is made with purpose to secure the issuance by a gov ernmental agency of a license permit authorization certificate regis tration release or provider agreement 6 The statement is sworn or affirmed before a notary public or other per son empowered to administeroaths 7 The statement is in writing on or in coanection with areport which isrequired or authorized by law or return 8 The statement is in writing andis madewith purpose to induce another to extend credit to or employ the offender or to confer any degree di ploma certificate of attainment awazd ofexcellence or honor on the offender or to extend to orbestow upon the offender any other valuable benefit or distinction when the person to whom such statement is di rectedrelies upon itto his or her detriment 9 The statement is made with purpose to commit or facilitate the commis sionofa theftoffense involving the proceeds of an insurance policy 10 The statement is knowingly made to a probate court in connection with any action proceeding or other matter within its jurisdiction either orally or in a written document including but not limited to an appli cation petition complaint or other pleading or an inventory account or report 11 The statement is made on an application for a marriage OhioRC license under 12 The statement is made either orallyor in writing in connection with an application for legal representation submitted to a court the State Pub lic Defender the County Public Defender or a joint county public de fender by a defendant in a criminal case for the purpose of adetermina tion of indigency and eligibility for legal representation by the State Public Defender the County Public Defender a joint county public de fender or acourt appointed counsel b Itis no defense to acharge under subsectiona4 hereof thatthe oath or affirmation was administeredor taken in an irregulaz manner c R7rere contradictory statements relating to the same fact are made by the offender within the period of the statute oflimitations for falsifica tion it is not necessary for the prosecution to prove which statement 126

127 was false but only thatone or the other was false d Whoever violates paragapha oril hereof is guilty of falsification a misdemeanor ofthe first de gee e Whoever violates paragrapha9 hereofis guilty offalsification ofan insurance claim a misdemeanor of the first degee provided the amount of the claim is less than three hundred dollars 300 and provided the offender has not previously been convicted of a theft of fense and provided the claim is not made for the theft ofamotor vehi cle f Whoever violates pazagapha12 hereof is guilty of falsification a misdemeanor ofthefirst degeeif as a resultofthe false statement that the of is the basis of the conviction under pazagapha12 hereof fender received legal representation to whichhe or she was not entitled from the State Public Defender the County Public Defender a joint county public defender or court appointed counsel the court shall or der the offenderto make restitution in an amount equal to the value of the legal representation provided by the State Public Defender the County Public Defender a joint county public defender or court appointedcounsel to the public entity that paid for the legal representa tion shall be and hereby is amended to read as follows FALSIFICATION e Whoever violates paragapha9 hereof is guilty of falsification ofan insurance claim a misdemeanor of the fast degee provided the amount of the claim is less than three hmdfed one thousand dollars and provided the offender has not previously been convicted ofa then offense and provided the claim is not made for the theft ofa motorvehicle Section 3 Section Arson ofthe Codified Ordinances of the City of Lakewood currently readingas follows ARSON a No person by means offire or explosion shall knowingly cause or cre ate asubstantial riskof physical harm to any property of another with out the other person consent b This section does not apply ifthe violation is done with purpose to de fraud or the property involved is a statehouse or courthouse school building or other building or structure thatis owned or controlled by the State any political subdivision or any department agency or instru 127

128 mentality of the State or a political subdivision and that is used for public purposes c Whoever violates this section is guilty of arson amisdemeanor ofthe first degree if the value ofthe property or the amount of physical harm involved is less than five hundred dollars 500 shall be and hereby is amendedto read as follows ARSON c Whoever violates this section is guilty of arson a misdemeanor ofthe first degree ifthe value ofthe property or the amount of physical harm involved is less than fi hdr one thousand dollars Section 4 Section Petty Theft of the Codified Ordinances ofthe City of Lake wood currently reading as follows PETTY THEFT a No person with purpose to deprive the owner ofproperty or services shall lorowingly obtain or exert control over either the property vices in any ofthe followingways or ser 1 Without the consent ofthe owner or person authorized to give consent 2 Beyond the scope ofthe express or implied consent of the owner or person authorized to give consent 3 By deception 4 By threat 3 By intimidation b Whoever violatesthis section is guilty of petty theft amisdemeanor of the fast degree provided the value ofthe property or services stolen is less than five hundred dollazs 500 shall be and hereby is amended to read as follows PETTY THEFT a No person with purpose to deprive the owner ofproperty or services shall larowingly obtain or exert control over either the property or ser vicesin any ofthe following ways 1 Withouttheconsent of the owner or person authorized to give consent 2 Beyond the scope ofthe express or implied consent of the owner or 128

129 person authorizedto give consent 3 By deception 4 By threat 5 By intimidation b Whoever violates this section is guilty of petty theft a misdemeanor of the first degree provided the value of the property or services stolen is less than five4nmd edone thousand dollars Section 5 Section Insurance Fraud of the Codified Ordinances ofthe City of Lakewood currently reading as follows INSURANCEFBAUD a As used inthis section 1 Data has the same meaning as in Section and additionaliy in cludes any other representation of information lmowledge facts con cepts or instructions that are being or have been prepazed in aformal ized manner 2 Deceptive means that a statement in whole or in part would cause another to be deceived because itcontains a misleading representation withholds information prevents the acquisition ofinformation orby any other conduct act or omission creates confirms or perpetuates a false impression including but not limited to a false impression as to law value state ofmind or other objective or subjective fact 3 insurer means any person that is authorized to engage in the business of insurance in this State under Chapter 39 of the Ohio Revised Code the Ohio Fair Plan Underwriting Association created under OhioRC any health insuring corporation and any legal entity that is self insuredand provides benefits to its employees ormembers 4 Policy means a policycertificate contract or plan thatis issued by an insurer 5 Statement includes but is not limited to any notice letter or memo randum proof of loss bill of lading receipt for payment invoice ac count or other financial statement estimate of property damage bill for services diagnosis or prognosis prescription hospital medical or den tal chart or other recordxray photograph videotape or movie film test result other evidence of loss injury or expense computer generated document and data in any form b No person with purpose to defraud or larowing that the person is facili tating afraud shall doeither ofthe following 1 Present to or cause to be presented to an insurer any written or oral statement that is part of orin support of an application for insurance a claim for payment pursuant to a policy or a claim for any other benefit 129

130 pursuant to a policy knowing that the statement or any part statement is falseor deceptive of the 2 Assist aid abet solicit procure or conspire with another to prepaze or make any writtenor oralstatementthat is intended to be presented toan insurer as partof or in support of an application for insurance aclaim for payment pursuant to a policy or a claim for any other benefit pursu ant to a policy knowing that the statement or any part ofthe statement is false or deceptive c Whoever violates this section is guilty of insurance fraud a misde meanor ofthe first degree provided thatthe amount of the claim that is false or deceptive is less than fivehundred dollazs500 shall be and hereby is amended to read as follows INSURANCE FRAUD c Whoever violates this section is guilty of insurance fraud a misde meanor ofthe fast degree provided that the amountofthe claim that is false or deceptive is less thantve Hundred one thousand dollazs Section 6 Section Passing Bad Checks of the Codified Ordinances ofthe City oflakewood currently reading as follows PASSING BAD CFIECKS a No person with purpose to defraud shall issue or transfer or cause to be issued or transferred a check or othernegotiable instrument know ing that it will bedishonored b For purposes of this section a person who issues or transfers a checkor other negotiable instrument is presumed to know that it will bedishon ored ifeither ofthe following occurs 1 The drawer had no account with the drawee at the time of issue or the stated date whichever is later 2 The check or other negotiable instrument vas properly refused payment for insufficient funds upon presentment withinthirty days after issue or the stated date whichever is later and the liability of the drawer in dorser or any party who may be liable thereon is not dischazged by payment or satisfaction within ten days after receiving notice ofdis honor c For purposes ofthis section a person who issues or transfers a check bill ofexchange or other draft is presumed to have the purpose to de fraud if the drawer fails to comply with Ohio RC by doing any ofthe following when opening a checking account intended for per sonalfamily or household purposes at a financial institution 130

131 1 Falsely stating that he or she has not been issued a valid driver sor commercial driver slicense or identification card issued under Oleo RC Famishing such license or card or another identification document that contains falseinformation or 3 Making a false statement with respect to his or her current address or any additional relevant information reasonably required by the financial institution AO d Whoever violates this section is guilty of passing bad checks a misde meanor of the first degree provided the check or other negotiable in strument is for payment ofless than fivehundred dollazs500 shall be and hereby is amended to read as follows PASSING BAD CHECKS d Whoever violates this section is guilty of passing bad checks a misde meanor ofthe first degree provided the check or other negotiable in strument is for ofless payment thanive umdred one thousand dollars Section 7 Section Misuse of Credit Cards of the Codified Ordinances ofthe City oflakewood currently reading as follows MISUSE OF CREDIT CARDS a No person shall do any ofthe following 1 Practice deception for the purpose of procuring the issuance of a credit cazd when acredit cazd is issued in actual reliance thereon 2 Knowingly buy or sell a credit cazd from or to a person other than the issuer b No person with purpose to defraud shall do any ofthe following 1 Obtain control over a credit card as security for a debt 2 Obtain property or services by the use of a credit cazd in one or more transactions knowing or having reasonable cause to believe that such card has expired or been revoked or was obtained is retained or is be ing used in violation of law 3 Furnish property or services upon presentation ofa credit cazd know ing that suchcazd is being used in violation oflaw 4 Represent or cause to be represented to the issuer of a credit card that property or services have been famished knowing that such representa tionis false 131

132 c No person with purpose to violate this section shall receive possess control or ofa dispose credit card d Whoever violates any ofthe provisions ofthis section is guilty ofmis use ofcredit cazds a misdemeanor ofthe first degee provided that the cumulative retail value ofthe property and services involved in one or more violations involving one or more credit cards and occurring within a period of ninety days is less than five hundred dollazs 500 shall be and hereby is amended to read as follows MISUSE OF CREDIT CARDS d Whoever violates any ofthe provisions of this section is guilty of mis use ofcredit cards amisdemeanor ofthe first degee provided that the cumulative retail value ofthe property and services involved in one or more violations involving one or more credit cards and occurring within a period ofninety days is less one thanfive tmdred thousand dollars Section 8 Section Tampering with Records of the Codified Ordinances ofthe City oflakewood cttnently reading as follows TAMPERING WITH RECORDS a No person knowing he has no privilege to do so andwith purpose to defraud or knowing thathe is facilitating a fraud shall do any ofthe fol lowing 1 Falsify destroy remove conceal alter deface or mutilate any writing or record 2 Utter any writing or record knowing it to have been tampered provided in subsection a1 hereof with as b Whoever violates thissection is guilty of tampering with records amis demeanor ofthe first degee Ifthe violation involves data or computer software the value of which or loss to the victim is five hundred dollars 500 or more orifthe writing or record is awill umevoked at the time of the offense tampering with records is a felony and shall be prosecuted under appropriate State law shall be and herebyis amended to read as follows TAMPERING WITHRECORDS b Whoever violates this section is guilty of tampering with records a 132

133 misdemeanor ofthe fast degree If the violation involves data or com puter software the value ofwhich or loss to the victim istvo hundred one thousand dollars or more or ifthewriting or re cord is awill unrevoked at the time of the offense tampering with re State law cords is a felony and shall be prosecuted under appropriate Section 9 Section Securing Writings by Deception ofthe Codified Ordinances ofthe City oflakewood currently reading as follows SECURING WRITINGS BY DECEPTION a No person by deception shall cause another to execute any writing which disposes ofor encumbers properly or by whicha pecuniary obli gation is incurred b Whoever violates this section is guilty of procuring writings by decep tion amisdemeanor of the first degree provided the value ofthe prop erly or obligation involved is less thanfive hundred dollars500 shall be and hereby is amended to read as follows SECURING WRPPINGS BY DECEPTION b Whoever violates this section is guilty of procuring writings by decep tion amisdemeanor of the fast degree provided the value ofthe prop erty or obligation involved is less than dyed one thousand dol lars Section 10 Section Receiving Stolen Property of the Codified Ordinances ofthe City of Lakewood currently reading as follows RECEIVING STOLEN PROPERTY a No person shall receive retain or dispose ofproperty of another Imow ing or having reasonable cause to believe that the property has been ob tainedthrough commission of a theftoffense b Itis not adefense to a chazge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission ofa theft offenseifthe property was explicitly represented to the accusedperson as being obtained through the com mission of a theft offense c Whoever violates this section is guilty of receiving stolen property a misdemeanor ofthe fast degree provided that thevalue ofthe property involved is less than five hundred dollazs 500 shall be and herebyis amended to read as follows RECEIVING STOLEN PROPERTY 133

134 a No person shall receive retain transfer outside the City or dispose of property ofanother knowing or having reasonable cause to believe that the property has been obtained through commission ofatheft offense b It is not adefense to a charge of receiving stolen in property violation of this section that the property was obtained by means other than through the commissionofa theft offenseif the property was explicitly represented to the accused person as being obtained through the com mission ofatheft offense c When able to do so the Citv may seize by lawful means any propert obtained throw the commission of a theft offense from a bona fide urchaser of such property whether the property is within or without thecity and may return suchproperty to its owner Abona Fide purchaser ofproperly obtained through the commission of atheft offense from whom the City has seized such property by lawful means maybe classified as a victun ofrecervme stolen property Whoever violates subsection al of this section is guilty of receiving stolen property amisdemeanor of the first that the degree provided value ofthe property involved is less than one thousand dollars Section 11 Section Criminal Simulation ofthe Codified Ordinances ofthe City oflakewood currently reading as follows CRIMINAL SIMULATION a No person with purpose to defraud or knowing that the person is fa cilitating afraud shall do any ofthe following 1 Make or alter any object so that it appeazs to have valuebecause ofan tiquity rarity curiosity source or authorship which itdoes notin fact possess 2 Practice deception in making retouchonodla h recordrorreogding photograph movie film video tape p tape gr p 3 Falsely or fraudulently make simulate forge alter or counterfeit any wrapper label stamp cork or cap prescribed by the Liquor Control Commission under Ohio RC Chapters 4301 and 4303 falsely or fraudulently cause to be made simulated forged altered or counter feited any wrapper label stamp cork or cap prescribed by the Liquor ControlCommission under OhioRCChapters 4301 and Utter or possess with purpose to utter any object that the person knows to have been simulated as provided in subsectiona12 or 3 of thissection b Whoever violates this section is guilty of criminal simulation amisde meanor ofthe first degree provided the loss to the victim is less than fivehundred dollars

135 shall be and hereby is amended to read as follows CR111IINAL SIMULATION b Whoever violates this section is guilty ofcriminal simulation amisde meanor of the first degree provided the loss to the victim is less than five hundred one thousand dollazs Section 12 Section Taking the Identity of Another ofthe Codified Ordinances ofthe City oflakewood currently reading as follows TAKING THE IDENTITY OFANOTHER a As used in this section personal identifying information includes but is not limited to the following the name address telephone number driver slicense driver slicense number commercial driver slicense commercial driver slicense number state identification card state iden tification cazd number social secwity card social secwity number place of employment employee identification number mother smaiden name demand deposit account number savings account number money mazket account number mutual fund account number other fi nancial account number personal identification number password or credit cazdnumberof anindividual b No person shall obtain possess or use any personal identitying infor mation ofanother with the intent to fraudulently obtaincredit property or services or avoidthe payment ofadebt or any other legal obligation c No person shall create obtain possess or use the personal identifying information of another with the intent to aid or abet another person in violating subsection b hereof d 1 If the violation ofsubsectionb hereofoccws as part ofacowse of conduct involving other violations of subsectionb hereof or viola tions of attempts to violate conspiracies to violate or complicity in violations of subsection c hereof or Ohio RC the court in determining the degee ofthe offense pwsuant to subsection e hereof may aggregate all credit properly or services obtained or sought to be obtained by the offenderand all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that cowse ofconduct The cowse of conduct may involve one victim or more than one victim 2 If the violation of subsection c hereof occurs as part of a cowse of conduct involving other violations of subsection c hereof or viola tions of attempts to violate conspiracies to violate or complicity in violations of subsection b hereof or Ohio RC the court in de termining the degree of the offense pursuant to subsection e hereof may aggregate all credit property or services obtained or sought to be 135

136 obtained by the person aided or abetted and all debts or other legal ob ligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course ofconduct The course ofcon ductmay involve onevictim or more than one victim e Whoever violates this section is guilty of taking the identity of another a misdemeanor of the fast degree provided the value of the credit property services debt or other legal obligation involvedinthe viola tion or course ofconduct is less thanfive hundred dollazs500 shall be and herebyis amended to read as follows TAKING THE IDENTITYOF ANOTHER e Whoever violates this section is guilty of taking the identity of another a misdemeanor of the fast degree provided the value of the credit property services debt or other legal obligation involved in the viola tion or course ofconduct is less thanfive wed one thousand dollazs Section 13 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any ofits committees that resulted in such formal action were in meetings opento the public in compliance with all legal requirements Section 14 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and forthe usual daily operation ofthe City for thereasons set forth and defined in thepre amble to this ordinance and provided it receives the affirmative vote of at least five 5 members of Council this ordmance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor or otherwise shall take effect and be in force after the earli estperiod allowed by law PRESIDENT CLERK MAYOR 136

137 j L or w KEWN M BUTLER DIRECTOR OF LAW JENNIFER L MLADEK ASSISFANr LAW DIRECTOR PAMELA ROESSNER ASS SFANi PROSECUTOR LAW DEPARTMENT OFFICE OF PROSECUTION Detroit Avenue I Lakewood Ohlo I Faz www onelakewood com law@lakewoodoh net ASHLEY L BELZER LECnLIN1ERN February Lakewood City Council Detroit Avenue Lakewood Ohio Re Update of water and sewer service collection ordinances Dear Members of Council Pleasefind attached an ordinance thatifadopted would amend theprovision in ourcode regarding collection of delinquent water and sewer utility bills Ihave prepared this ordinance at therequest offinance Director Pae butas ofthis writing she has not had a chance to review it Thus I would suggest the proposed ordinance be considered carefully in acommittee of your choosing yy Kevin M Butler 137

138 ORDINANCE NO yolg BY AN ORDINANCE to take effect immediately provided it receives the affirmative vote of atleast five 5 members of Council or otherwise to take effect atthe earliest period allowed by law amending Sections Nonpayment of Bills Shut Off for Nonpayment and Establishment of Rates ofthe Codified Ordinances ofthe City oflakewood forthe pur pose of strengthening the procedures involving collection of municipal water and sewer utility bills WHEREAS Sections and of the Codified Ordinances set out pro cedures and responsibilities regarding the payment and collection ofmunicipal water and sewer utility bills and WHEREAS those sections stand to be updated and augmented in order to clarify the rights and obligations of persons receiving municipal water and sewer utility service and WHEREAS those sections stand to be updated and augmented in order to clarify the City srights and obligations with respect to the collection of municipal water and sewer utility bills and WHEREAS Article 18 Section 3 ofthe Constitution ofthe State of Ohio permits mu nicipalities to exercise all powers of localself government and to adopt and enforce within their limits such as local police sanitary and other regulations as arenot in conflict with general laws and WHEREAS this Council by a vote of at least five 5 ofits members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date as possible set forth in Article III Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that the City wishes to ensure updated rights and obligations go into effect prior to the next billing cycle snow there fore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 Section Nonpayment of Bills ofthe Codified Ordinances ofthe City oflakewood currently reading as follows NONPAYMENT OFBILLS In caseoffailure to pay any chazges duly prescribed after the expiration of 1SO days after the due date written notice shall be given by certified mail to the owner ofthe real estate which received the sewer service If arer the 138

139 expiration of thirty days from the date of such written notice the service charges azenot paid the amountofall unpaid service charges shall be certi fied to the Cuyahoga County Auditor on October 1 ofeach year with inter est at the rate often percent10 per annum from thedate ofexpiration of such thirty days notice to be included with the taxes against such real estate involved and to be collected therewith Council shall levy annually an as sessment for such unpaid service charges on October I ofeach yeaz against the lot or parcel ofland involved Such assessments shall be so certified to the County Auditor andshall be collected andrehnbursed to the City in the samemanner as special assessments shall be and herebyis amended to read as follows NONPAYMENT OFBILLS In case of Failure to pay any charges dutyprescribed thecit may take any sewer service chaz es to the Cuvahoea County Auditor with interest accru it ti L Ae Fal n e i 41 a 1 rf a 1 F a ate F t i 1 i ah vva6et f na le Fe1 against the lot or pazcelofland involved Such assessments shall be so certified to the County Auditor and shall be collected and reimbursed to the City in the same manner as special assess ments Section 2 Section Shut Off for Nonpayment of the Codified Ordinances ofthe City oflakewood currently reading as follows SHUT OFF FORNONPAYMENT a b The City shall endeavor tocollect delinquent accounts promptly In any case where satisfactory arrangements for payment have not been made the Water Departrnent may after the procedural requirements ofsub section b hereof have been complied with discontinue service to the delinquent customer by shutting offthe water at the stop box Whenwa ter service to any premises has been discontinued service shall not be restored except upon the payment ofall delinquent amounts due plus a fee for disconnectionand reconnectionofthirty dollazs Procedure Water shall notbe shut offuntilnotice and an opportunity for a hearing have fns been given to the occupant ofthe premises in volved The notice shall begiven by certified mail andshall state thatif payment is not made before a date stated in the notice but not less than thirty days after the date onwhichthe notice is given the water supply 139

140 to the premises shall be shut off The notice shall also state thatthe oc cupant may before such date demand a hearing on thematter in which case the supply shall not be cut offuntil after thehearing is held Ifthe customer requests a hearing before the date specified a hearing shall be held onthematter by the Director offinance or his or her designee at least one week after the date on whichthe request is made Ifas a result ofthehearing the Duector offinance or designee finds that the amount claimed tobe owing is actually due and unpaid andthat there is no legal reason why thewater supply ofthe delinquent customer may not be shut offin accordance withthis chapter the City may shutoffthe supply shall be and hereby is amended to read as follows SHUT OFF FOR NONPAYMENT a The City shall endeavor to collect delinquent accounts promptly lnany case where satisfactory arrangements for payment have not been made thewent Camay after the procedural requirements of subsection b hereof have been complied with discontinue service to the delinquent customer by shutting offthe waterat the stop box When water service to any premises has been discontinued service shall not be restored except upon the payment ofall delinquent amounts due plus a anv reasonable fees incurred for disconnection and reconnection e thia3 dellazs b Procedure Water shall not be shut offuntil reasonable notice and an opportunity for a hearing have first been given to the occupant ofthe premises involved The notice shall waft d state thatif payment is not made before a date stated in the notice but not less than thirty days after the date onwhich the notice is given the watersupply tothe premises may shak be shut off The notice shall also state that the occupant may before such date demand a hearing onthe matter inwhich case the supply shall not be cut offuntilafter the heaz ing is held Ifthe customer requests a hearing before the date specified a heazing shall beheld on the matter by the Duector offinance or his or her designee at least one week after the date onwhich the request is made Ifas a result ofthe hearing the DrectorofFinance or designee finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply ofthe delinquent customermay not be shut offin accordance with this chapter the City may shut offthe supply Section 3 Section Establishment of Rates of the Codified Ordinances of the City of Lakewood currently reading as follows ESTABLISHMENT OFRATES The Director offinance is hereby authorized and directed to establish water rates charged monthly by the Division ofutility Billing as follows a Effective January all water used during each one month billing period shall cost not more than five andeighty one hundredths dollazs 581 per one hundred cubic feetof water 140

141 b Effective January all water used during each one month billing period shall cost not more than five and eighty one hundredths dollazs 593 per one hundredcubic feet of water shall be and hereby is amended toread as follows ESTABLISHMENT OFRATES The Director offinance is hereby authorized and directed to establish water rates charged monthly by the follows C as cr r t ant r neoaaet atn Effective January alt waterused during each one month billing period shall cost not more than five and ninety three hundredths dollars 593 per one hundredcubic feetofwater fib Tn case offailure to ay anvchaz es dulyprescribed the City may take owner including but not limited to institutingyproceedine in a court of nroner iurisdiction shuttine offservice in accordance with Section and certif mr the amount of all unpaid water service chaz es to the Cuyahoea County Auditor with interest accruin at a rate of ten certified to thecounty Auditor andshall becollected andreimbursed to theci y in the samemanner as special assessments Section 4 It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and of any ofits committees that resulted in such formal action were inmeetings open to the public in compliance with all legal requirements Section 5 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and welfare in the City and for the usual daily operation ofthe Cityfor the reasons set forth and defined in the pre amble to this ordinance and provided it receives the affirmative vote of at least five 5 members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor or otherwise shall take effect and be in force after the earli estperiod allowed by law 141

142 Adopted PRESIDENT CLERK MAYOR 142

143 I DEPARTMENT OFPLANNING DEVELOPMENT DRU SILEY DIRECNR oi MoM Detrok Avenue FAX www onelakewoodoom developmenl February Lakewood City Council Lakewood OH Re Sale Ordinance Dear Members ofcouncil As part of our ongoing effort to remediate nuisance properties in the City I am requesting authorization to sell the below properties as appropriate opportunities present themselves Two ofthe properties will be sold through a real estate agent to eligible homebuyers two are vacant parcels potentially available for re development and the third received though the County Board ofrevision will be transferred toan adjacent property owner 1195 Gladys AveNSP Acquisition Rehab Re Sale Program 1459 Lakewood Avenue CDBG Acquisition Rehab Re Sale Program LakewoodAvenue Nuisance Demolition 2042 Dowd NSP Demolition Clifton Avenue Spite Strip Board ofrevision redemption Passage ofthis ordinance is requested at your earliest convenience erely DruSiley Director 143

144 ORDINANCE NO BY AN ORDINANCE to take effect immediatelyprovided itreceives the affirmative vote of at least five5 members elected tocouncil or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing the Director ofplanning and Development to enter into an agreement with a licensedreal estate broker to market for sale various parcels ofreal property further described in Exhibit A currently owned by the City of Lakewood pursuant to Section of the Codified Ordinances WHEREAS the City is the owner ofvarious parcels ofreal property located within the City oflakewood and WHERES the parcels are residential and part ofthe City oflakewood s Neighborhood Stabilization Program and WHEREAS this Council has determined it is in thebest interest ofthe to City sell said real property and that such sale shallfurther the interest ofthe City and its residents and WHERAS this Council by a vote ofat least five 5 members elected thereto deternunes that this ordinance is an emergency measure and that it shalltake effect at the earliest date possible as set forth in ARTICLE III SECTIONS ofthe SECOND AMENDED CHARTER OFTHE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public property health and safety and to provide for the usual daily operation ofmunicipal department in that these parcels are either in theprocess ofbeing rehabilitated or will have residential structures build on them and immediate action is required Now Therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Director ofplanning and DevelopmentDirector is hereby authorized on behalf ofthe City to solicit proposals from licensed real estate brokers and to enter into an agreement with the broker deemed most responsive as determined by the Director to market various parcels of real property further described in Exhibit Apursuant to Section ofthe Codified Ordinances Section 2 That the Director is hereby authorized and directed to enter into an agreement forthe sale of said parcels ofreal property upon presentation of an acceptable offer as determined by thedirector Section 3 That the Director specifically is authorized to negotiate and or make counter proposals to any offer to purchase said real property and shall upon the close ofthetransaction report to Council the details of the sale Section 4 That the Director shall make no representations or warranties concerning the conditions oftheproperty including but not limited to theproperty s environmental condition 144

145 mechanical systems dry basement foundation structural or compliance with code zoning or buildingrequirements Section 5 It is found and determined thatall formal actions ofthis Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and ofany of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 6 That this ordinance is hereby declared to be an emergency measure necessary for theimmediate preservation of the public peaceproperty health safety and welfare in the City and for theusual daily operation of the City forthe reasons setforth and defined in the preamble and provided it receives the affirmative vote ofat least five 5 ofits members elected to Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force after the earliest period allowed by law Adopted President Clerk Approved Mayor 145

146 EXHIBIT A PARCEL ADDRESS Lakewood Avenue Lakewood Avenue Gladys Avenue Dowd Avenue Clifton Boulevard 146

147 I JOSEPH J BENDPE DIRECTOROF PUBLICWORKS h rr orx DEPARTMENT OF PUBLIC WORKS 12650DETROIT AVENUE X G February Lakewood City Council 1ZE Parks closing times Dear Members of Council The attached legislation changes LCO 905 We are proposing to change the closing time ofmadison and Kauffinan Parks tobe one hour past sunset instead ofllpm unless attending or participating organized event This will keeplakewood Park as the only park continuously open until l lpm all year We feel there isno reason formadison and Kauffman Parks to be open so late in the evening at all times ofthe year We intendthis to help prevent graffiti and loitering in the parks by giving Police officers easier rules to enforce Please forward this tothe appropriate committee forreview and discussion Sincerely in an Joseph J BenoPE Director of Public Works www onel2vood com

148 ORDINANCE NO 1d12 BY AN ORDINANCE amending Section Hours Open to the Public to allow the Director of Public Works to control park hours by season and events in an effort to curtail vandalism WHEREAS the City desires to keep its parks open and available to its residents and friends without sacrificing safety and cleanliness and WHEREAS Lakewood is committed to providing our respectful and responsible citizens with the highest qualityparks possible and WHEREAS pursuant to the Constitution of the State of Ohio and the Ohio Revised Code municipalities have the power to enact laws that are for the health safety welfare comfort and peace ofthe citizens ofthemunicipality now therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD OHIO Section 1 That Section Hours Open to the Public ofthe Codified Ordinances of the City of Lakewood currently reading as follows HOURS OPEN TO PUBLIC a Parks shall be open daily for use by the generat public b Except as provided in subsectiond hereof no person other than an on duty employee of the City shall enter into or remain within the limits of Lakewood Park Madison Park or Kaufman Park between the hours of11 00 pm and sunrise c No person other than an on duty employee of the City shall enter into or remain within the limits ofwebb Park Wagar Park Edwards Park or Cove Park during thetime from onehour arer sunsetto sunrise d No person otherthan an on duty employee ofthe City shall enter into or remain within that area of Lakewood Park north of the existing most northerly fence line between the hours of 1I00 pm and600am ofthe following day and at such times as the Director ofpublic Works deems it necessary due to special events and or weather conditions Special permission may be granted in writing by the Director of Public Safety or the Director ofpublic Works to persons to use this area shall be and is to herebyamended read as follows HOURS OPENTO PUBLIC 148

149 a Parks shall be open daily for use by the general public b Except as provided in subsectiond hereof noperson other than anon duty employee of the City shall enter into or remain within the limits of F Lakewood Park between thehours of11 00 pm and sumise c No person other than an on duty employee of the City shall enter into or remain within the limits of Madison Park Kaufman Park Webb Park Wagar Park Edwards Park or Cove Park during the time from one hour after sunset to sunrise d No person other than anon duty employee of the City shall enter into or remain within that area of Lakewood Park north of the existing most northerly fence line between the hours of11 00pm and600 amof the following day and at such times as the Director ofpublic Works deems it necessary due to special events and or weather conditions Special permission may be granted in writh gby the Director ofpublic Safety or the Director ofpublic Works to persons to use this area The Director of Public Works maypermit certain areas of narks to remain open after established hours for eventsscheduledby the Lakewood Boardof portion ofa mark which is notheld open for an event specifically authorized hereunder Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage ofthis ordinance were adopted in an open meeting of this Council and that all such deliberations ofthis Council and of any ofits committees that resulted in such formal action were in meetings open tothe public in compliance with all legal requirements Adopted PRESIDENT CLERK Approved MAYOR 149

150 I JOSEPH J BENDPE DIRECTOR OF PUBLICWORKS 5 ra or DEPARTMENT OF PUBLIC WORKS DETROIT AVENUE X X February Lakewood City Council Detroit Avenue Lakewood Ohio Re NatureWorks Application Dear Members of Council The City oflakewood s Department of Public Works Division ofparks and PublicProperties is requesting your support ofits application to the 2012 NatureWorks Program This program administered by theohio Department ofnatural Resources provides up to 75 of project costs to eligible jurisdictions forthe acquisition development or rehabilitation ofpublic outdoorrecreation areas and facilities It is our intention to request a grant to support the costs of making the bathrooms at Madison park to be handicap accessible In making the decision to apply forthis project we took Council sand citizen sideas into consideration We feel that this project demonstrates an important need for Madison Park and has a strong case to be funded Thank you foryour consideration Sincerely JosephJ BenoPE Director of Public Works www one vood com

151 RESOLUTION NO s551z BY A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing the City of Lakewood to execute and file an application with the Ohio Department of Natural Resources for financial assistance through the NatureWorks Program WHEREAS the State of Ohio through the Department of Natural Resources administers financial assistance for public recreation purposes through the State of Ohio s NatureWorks Program and WHEREAS the City of Lakewood desires financial assistance under the NatureWorks Program and WHEREAS this Council by a vote of at least five 5 of its members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operation of municipal departments in that for applications assistance through the NatureWorks Program are due no later than February Now therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD OHIO Section 1 financial assistance Section 2 That the Council of the City of Lakewood approves filing an application for That the Director of Public Works is hereby authorized and directed to execute and file an application with the Ohio Department of Natural Resources and to provide all information and documentation required to become eligible for possible funding assistance Section 3 That the City of Lakewood does agree to obligate the funds required to satisfactorily complete the proposed project and become eligible for reimbursement under the terms of the NatureWorks grant Section 4 It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements Section 5 This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace property health safety and 151

152 welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution and provided it receives the affirmative vote of at least five 5 of its members this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor or otherwise it shall take effect and be in force after the earliest period allowed by law Adopted PRESIDENT CLERK OF COUNCIL Approved MAYOR 152

153 I o oo SCO rf K GILMAN FIRE CHIEF M Lakewood Fife Oepartrnent Medlson Avenue Lakewood Ohlo d4107 Flre Ins actor Administrative 0111ce Fire Chief Fire Man half216g3 may onelekewood com February Lakewood City Council Lakewood Ohio RE Dear Members of Council Attached p lease find a resolution authorizing the City of Lakewood to accept funds in e w ment and training for amount of 1300 as reimbursement for the purchase of eq p onse Team These purchases will benefit and help to of Lakewood is the Community Emergency Resp sustain the regional team covering six cities of the Westshore The City not required to provide matching dollars Thank you for your consideration Sincerely r Scott K Gilman Fire Chief 153

154 RESOLUTION NO BY A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council or otherwise to take effect and be in force after the earliest period allowed by law authorizing the City of Lakewood to enter into an agreement with Cuyahoga County to accept Homeland Security grant funds in the amount of1300 forthe Community EmergencyResponse Team CERT WHEREAS each member of the Westshore Council of Governments has been awarded a homeland security grant in the amount of1300 and WHEREAS each member community must individually accept such funds and WHEREAS the funds will be utilized by the Westshore Council ofgovernments to purchase equipment and supplies and WHEREAS this Council by a vote ofat least five 5 of its members determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public property health and safety and to provide for the usual daily operation of municipal departments in that these funds must be accepted no later than February Now therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Council of the City of Lakewood authorizes the Mayor as Director of Public Safety to enter into an agreement with Cuyahoga County to accept funds in the amount o f1300 for the purchase of Community Emergency Response Team CERT equipment and supplies for use by the regional Westshore Council of Governments CERT Section 2 It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all such deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to thepublic in compliance with all legal requirements Section 3 This resolution is hereby declared to be an emergency measure necessary for the immediate preservation ofthe public peace property health safety and welfare in the City and for the usual daily operation ofthe City forthe reasons set forth and defined in the preamble to this resolution and provided itreceives the affirmative voteof atleast five5 of its members this resolution shall take effect andbe in force 154

155 immediately upon its adoption by the Council and approval by the Mayor or otherwise it shall take effect and be in force after the earliest period allowed by law Adopted PRESIDENT CLERK OF COUNCIL Approved MAYOR 155

156 1l M1 CIIrOI MOf DEPARTMENT OF HUMANSERVICES MADISON AVENUE Telephone Facslmlle Web sitewww onelakewood wm DOROTHY M BUCKON DIRECTOR OFHUMAN SERVICES February Lakewood City Council Lakewood Ohio RE Resolution of Partnership with West Side Community House forco location of Tapestry System of Care Parent and Youth Advocates and Care Coordinators Dear Members of Council Attached for your approval is a Resolution authorizing the Mayor or his designee on behalf of the City to enter into an Amended Agreement with the Westside Community House to provide space for a Parent and Youth Advocate and Tapestry System of Care TSOC Care Coordinators for a period of approximately three months The City will receive reimbursement for costs associated with providing space for those positions in an amount currently estimated at 4500 An integral part of the Family to Family System of Care service delivery TSOC is for families with children at riskfor or currently involved with multiplechild servicing agencies such as Juvenile Court druglalcohol counseling and mental health services Families involved in the TSOC have reported improved school attendance and improvement or stabilization of school function The Agreement with West Side Community House will allow for continuation and enhancement of these resources until the next grant cycle begins in April 2012 I respectfully request approval of this Resolution to allow continuation of these services for Lakewood residents Sincerely Dorothy MBuckon Director Human Services The City of Lakewood Department of Human Services provides a continuum ofresponsive programs andservices that enhance and promote the health andwell being of individuals families andthe community i6

157 RESOLUTION N BY A RESOLUTION to take effect immediately provided itreceives the affirmative vote of at least five 5 members elected to Council otherwise to take effect and be in force after the earliest possible period allowed by law to allowthe Mayor or his designee on behalfofthe City to extend for a period ofapproximately three months the Agreement with TheWest Side Community House to co locate Parent and Youth Advocates and a Tapestry System ofcare TSOC Care Coordinator and receive reimbursement for costs associatedwith providing space for those positions in an amount cunrently estimated to be 4500 WHEREAS the City of Lakewood has received notification from The West Side Community House that their 2011 Cuyahoga County Tapestry System of Care grant was extended and that a portion ofthese funds reimburse the City oflakewood for office space equipment supplies and associated overhead costs for the Parent and Youth Advocates and a TSOC Care Coordinator and WHEREAS the Parent and Youth Advocates and the TSOC Care Coordinators will participate in the Lakewood Family to Family System ofcare team providing support and advocacy for youth and families and WHEREAS this Council by avote ofat least five S members elected thereto determines that this resolution is an emergency measure and that this resolution shall take effect at the earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 ofthe SECOND AMENDED CHARTER OF THE City oflakewood and that it is necessary for the immediate preservation ofthe public property health and safety and to provide forthe usual daily operation ofmunicipal departments in that this Agreement must be submitted immediately to ensure these services for Lakewood residents Now therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD OHIO Section 1 That the Mayor or his designee on behalfofthe City is hereby authorized to enter into an Amended Agreement with The West Side Community House to co locate Parent and Youth Advocates and TSOC Care Coordinators for theperiod of approximately three months andto receive reimbursement for costs associated withproviding space forthose positions in an amount currently estimated at 4500 Section 2 It is found and determined that all formal actions ofthis Council concerning andrelating to the passage ofthis resolution were adopted in an open meeting ofthis Council and that all such deliberations ofthis Council and any ofits committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements 157