MONDAY, FEBRUARY 1, 2021

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MONDAY, FEBRUARY 1, 2021

COUNCIL CAUCUS - 6:45 PM | COUNCIL MEETING - 7:00 PM

via Zoom Telephone/Video Conference

& Live Streamed on City’s YouTube Channel

Join Video Meeting: https://zoom.us/j/91587164223?pwd=eGcwZW00d0lrSDAzeWVic0JkNW95dz09

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Meeting ID: 915 8716 4223 | Passcode: 837487 (For Audio and Video)

YouTube Channel: https://www.youtube.com/channel/UC207O_m7DfOP_FcDvoDR5og

Meeting Call to Order | Moment of Silent Prayer

Roll Call

Written Communications, Petitions and Claims Approval of Minutes

Regular Meeting of Council – January 19, 2021 Committee Reports

Environment, Public Works, Planning, Zoning & Development - Councilman Minek, Chair | Councilman Burger, Vice Chair Local Government & Community Services - Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair

Finance – Councilwoman King, Chair | Councilwoman Adler, Vice Chair

~ LEGISLATIVE AGENDA ~

Legislation on for First Reading

COUNCILMAN MINEK

Ord. 21-__ | Summerfest 2021 - Allowing Sale of Alcoholic Beverages COUNCILWOMAN KING

Ord. 21-__ | Authorizing Planning Study by Mackay Engineering for West 227th St Lift Station Ord. 21-__ | Repeal and Replace_Authorizing WPCLF Application and Loan Agreement Legislation on for Second Reading

COUNCILMAN MINEK

Ord. 21-01 | Authorizing Plans & Specifications for 2021 Street Repair Program_Year 32 Ord. 21-02 | Authorizing Bids and Award of Contract for 2021 Street Repair Program_Year 32 Ord. 21-03 | Authorizing Bid and Award of Contract for 2021 Waterline Replacement Projects COUNCILWOMAN KING

Ord. 21-06 | TAC Computer Agreement 2021

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Audience Input on Legislation Up For Passage Legislation on for Final Passage Without Three Readings

COUNCILMAN SIMMERLY

Ord. 21-04 | Amending Chapter 707 Apartment Buildings Ord. 21-05 | Amending Chapter 708 Rental Dwelling License

Reports and Communications from Mayor, Directors and Other City Officials Public Session

Miscellaneous Business and Reports from Council Adjournment

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL

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TUESDAY, JANUARY 19, 2021

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*Meeting was conducted by video teleconference

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The regular meeting of Council was called to order by Council President Kilbane at 7:00 p.m.

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MOMENT OF SILENT PRAYER

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ROLL CALL | PRESENT:

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COUNCIL –B. Minek, M. Adler, M. Kilbane, S. Wering, B. King and G. Burger

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ADMINISTRATION – Mayor Cooney, Director Costello, Director Cingle, Director Riley and Engineer

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Kerber

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THE CHAIR made a motion to excuse Councilman B. Simmerly from the meeting.

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MOVED and SECONDED.

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THE CHAIR asked for any discussion. No Discussion.

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ROLL ON MOTION: Vote: YES-6, NO-0 | Motion carried.

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YES: B. Minek, M. Adler, M. Kilbane, S. Wering, B. King and G. Burger

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APPROVAL OF MINUTES

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THE CHAIR made a motion to approve the minutes of the regular meeting of Council on Monday,

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December 7, 2020.

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MOVED and SECONDED.

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THE CHAIR made a motion to approve the minutes of the regular meeting of Council on Monday,

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December 21, 2020.

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MOVED and SECONDED.

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THE CHAIR made a motion to approve the minutes of the regular meeting of Council on Monday, January

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4, 2021

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MOVED and SECONDED.

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COMMITTEE REPORTS

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COUNCILMAN MINEK reported that the Environment, Public Works, Planning, Zoning & Development

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Committee met via a Zoom meeting on Monday, January 11, 2021 at 7:00 pm to discuss three issues. Shade

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Tree Recommendations: The Shade Tree Advisory Committee recommended that the City Code be

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amended to prohibit tree planting under power lines. Director Costello stated Arborist Jason Knowles

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conducted an inventory of trees in the city and stated there are approximately 1,000 sites where a slow

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growing tree could be planted under power lines. Motion this issue be removed from further consideration

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was approved 7-0. Airport Noise: With the online portal created by Cleveland Hopkins Airport to register

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noise. Mayor stated Administration receives very few noise complaints. A motion that this issue be removed

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from further consideration was approved 7-0. Lead Paint Safety: Mayor obtained information from

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Cuyahoga County Board of Health. In the last 10 years (1-1-2010 to 11-1-2020} Board of Health had 3

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cases in our city. Since 2008 only 5 properties participated in the HUD funded Lead Safe Cuyahoga grant.

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Motion this issue be removed from further consideration was approved 7-0. The Environment, Public

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Works, Planning, Zoning & Development Committee meeting concluded at 7:08 PM.

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 2 COUNCILWOMAN WERING reported that the Local Government & Community Services Committee met

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via teleconference on January 11, 2021 beginning at 7:08 PM. Present were members of Council, Director

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Kemp, Assistant Law Director John Castele and Mayor Cooney. Council discussed the issue of Gemini

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Center membership fees. The City currently owes $17.2 million on the Gemini Center building, and there

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is a desire from Council to establish a plan for ensuring the Gemini Center is not operating at a deficit in the

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future. The Center, though partially tax funded, needs to be able to support itself and its debt service through

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its offerings. Council invited Director Kemp to outline his plan for evaluating the Center and its future.

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Director Kemp outlined his plans for evaluating membership fees, policies, and rental fees at the Gemini

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Center. He plans to evaluate our offerings vs. similar communities in Northeast Ohio to establish a market

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rate for Gemini services. Director Kemp also plans to survey current members and residents to determine

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which programs best serve our community and identify those which might not be meeting the mark. Director

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Kemp is planning to determine the value of being a Gemini Center membership to ensure that any change in

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membership rates is examined, evaluated, and intentional. Council made the suggestion to Director Kemp

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that we should look into naming rights at the Center. Council also asked Director Kemp to check back in

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with us in late spring and early fall to provide an update on his progress. A vote to leave the issue of

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membership fees in committee passed 7-0. Council also evaluated Chapters 707 and 708 of the Fairview

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Park codified ordinances. These chapters deal with our rental licensing and inspections. At this time, if the

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landlord refuses entry into the rental property, it can create a 4th_{amendment issue if the City cites the landlord}

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for disobeying the ordinance. A change was recommended that the City update its code to include a warrant

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provision in the ordinance which allows the City to request an administrative search warrant to comply with

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the ordinance. If the City is denied entrance after it has obtained a warrant, the City can issue a citation.

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Council asked Assistant Law Director Castele to work with Law Director Riley and provide legislation for

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consideration before the end of the month. A vote to remove this issue from committee passed 7-0. Local

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Government and Community Services ended at 7:41 PM.

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WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS

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LEGISLATION FOR FIRST READING

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COUNCILMAN MINEK placed the following legislation up for first reading and introduction:

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ORDINANCE NO. 21-01

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REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE & DEVELOPMENT

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SPONSORED BY: COUNCILMAN MINEK

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CO-SPONSORED BY: COUNCILWOMAN KING

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AN ORDINANCE AUTHORIZING MACKAY ENGINEERING & SURVEYING CO. TO PREPARE PLANS

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AND SPECIFICATIONS AND PROVIDE CONSTRUCTION ADMINISTRATION AND BIDDING

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SERVICES FOR THE REPAIR OF CITY STREETS IN YEAR 31 OF THE STREET REPAIR PROGRAM

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AND DECLARING AN EMERGENCY

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ACTION: Ordinance 21-01 was placed on 1st_{reading and referred to the Environment, Public Works,}

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Planning, Zoning and Development Committee.

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ORDINANCE NO. 21-02

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AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND DEVELOPMENT TO

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ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST

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RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR

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THE WORK TO BE PERFORMED IN YEAR 31 OF THE STREET REPAIR PROGRAM AND DECLARING

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AN EMERGENCY

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 3 ORDINANCE NO. 21-03

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SPONSORED BY: COUNCILMAN MINEK

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AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND DEVELOPMENT TO

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ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST

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RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR

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WATER MAIN REPLACEMENTS AND PAVEMENT RESURFACING ON CROMWELL AVENUE,

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PARKWOOD AVENUE, AND BAIN PARK DRIVE, AND DECLARING AN EMERGENCY

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COUNCILWOMAN WERING placed the following legislation up for first reading and introduction:

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ORDINANCE NO. 21-04

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REQUESTED BY: MAYOR PATRICK J. COONEY

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ORDINANCE NO. 21-06

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AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE

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LEGISLATION ON THIRD READING AND FINAL PASSAGE

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COUNCILWOMAN KING placed the following legislation up for third reading and final passage:

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ORDINANCE NO. 20-66

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AN ORDINANCE AMENDING SECTION 173.0501 OF CHAPTER 173 OF THE CODIFIED

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ORDINANCES OF THE CITY OF FAIRVIEW PARK ENTITLED “INCOME TAX” IN ORDER TO RENEW

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THE .25% PORTION OF THE CURRENT INCOME TAX RATE OF 2.00% DEDICATED TO THE

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RESURFACING AND REHABILITATION OF THE CITY STREETS, COMMENCING JANUARY 1, 2022

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UNTIL DECEMBER 31, 2029 ON WHICH DATE THE TAX RATE WOULD REVERT BACK TO 1.75%

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 4

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THE CHAIR asked for any discussion before passage. No Discussion.

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ROLL ON PASSAGE: Vote: YES-7, NO-0 | Ordinance 20-66 passed.

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RESOLUTION NO. 20-22

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REQUESTED BY: MAYOR PATICK J. COONEY

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A RESOLUTION SUBMITTING TO THE ELECTORATE AT THE PRIMARY ELECTION TO BE HELD

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MAY 4, 2021, THE QUESTION OF APPROVING THE PASSAGE OF AN ORDINANCE TO AMEND

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SECTION 173.0501 OF CHAPTER 173 OF THE CODIFIED ORDINANCES OF THE CITY OF

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FAIRVIEW PARK ENTITLED “INCOME TAX” IN ORDER TO RENEW THE .25% PORTION OF THE

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CURRENT INCOME TAX RATE OF 2.00%, DEDICATED TO THE RESURFACING AND

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REHABILITATION OF THE CITY STREETS, COMMENCING JANUARY 1, 2022 UNTIL DECEMBER

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31, 2029 ON WHICH DATE THE TAX RATE WOULD REVERT BACK TO 1.75% AND DECLARED AN

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EMERGENCY

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THE CHAIR asked for any further discussion before passage. No Discussion.

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ROLL ON PASSAGE: Vote: YES-6, NO-0 | Resolution 20-22 passed.

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REPORTS AND COMMUNICATION FROM THE MAYOR, DIRECTORS, AND OTHER CITY

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OFFICIALS

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MAYOR COONEY gave an update on the NASA buildings project and reported that the “L” building is

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moving along, and demolition is nearing completion on the “K” building. He will continue to keep everyone

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informed of their progress. BiBiBop Asian Grill has received a temporary certificate of occupancy and

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should be opening in the near future. The Book Club at the Senior Center, which is being sponsored by

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O’Neill Healthcare has received good interest and he hopes it continues in the future. MAYOR COONEY

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responded to the many inquiries regarding COVID-19 vaccinations and reported that currently there are no

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plans for this, but he will be on a call with the Governor’s Office tomorrow and will report back any updates.

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He said that Cuyahoga County has a large number of health care workers who live and/or work here, and in

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nursing facilities and they are concentrating on those populations now, and moving to the general population

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later. He advised anyone with questions on the age brackets and populations currently being served to call

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the Senior Center for assistance. The Recreation Commission will meet tomorrow at the Gemini Center.

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Programming for the summer is being looked at, with possibilities of some scaled back programming for

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things like summer camp and Safety Town. The Fairview Flea Fest dates have been set for June 26 and

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September 25, 2021. The one last fall was well attended and was done with safety protocols which will likely

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continue with these dates. Private and semi-private swim lessons are being offered at the Gemini Center and

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there has been increase in pool usage. Basketball court availability and pickle ball are also being offered. He

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encouraged everyone to look into these opportunities with the Recreation Department if interested. MAYOR

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COONEY advised that the Dominion Gas West 220th_{street project continues with temporary concrete cores}

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for the current weather and will be back in the spring to complete this work. If any resident has any issues,

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he asked that they contact Director Costello. Mayor Cooney congratulated two firefighters who recently

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completed their probationary periods with the Fire Department and wished them long and safe careers with

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the city and department.

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DIRECTOR COSTELLO reported that service crews are out cold patching pothole damage and plow

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damage along the roads and asked everyone to watch out for work zones. They will be back in the spring for

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seeding and making sure they are tidied up. She thanked them for putting up and taking down Christmas

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displays in the cold temperatures, and also thanked residents for recycling old Christmas lights which will

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be taken to the Cuyahoga County Solid Waste District. DIRECTOR COSTELLO thanked the County Works

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 5 department for expediting and making arrangements to do an emergency repair on West 220 Street right in

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front of the schools they were about to go back into session.

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DIRECTOR CINGLE reported that the Finance Department continues to work on the 2021 budget, and that

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the 2020 audit has started. He advised he will keep council apprised of the progress.

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ENGINEER KERBER reported that the field work has been completed for the 2021 waterline project on

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Bain Park, Parkwood and Cromwell and they will continue to work on preparing and finalizing plans. She

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also reported that they are awaiting on authorization of final plans for the West 210th_{resurfacing from ODOT}

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so that the bidding process can begin.

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PUBLIC SESSION

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MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL

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COUNCILMAN MINEK reported that the Board of Control met this evening to discuss the Lorain Road

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Loan Program and repairs to the rooftop RTU unit at the Gemini Center.

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COUNCILMAN MINEK made a motion to remove the issues of Shade Tree Recommendations, Airport

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Noise and Lead Paint Safety.

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MOVED and SECONDED.

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ROLL ON MOTION: Vote: YES-6, NO-0 | Motion carries

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COUNCILMAN MINEK reported that the Planning & Design Commission and the Fairview Park

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Community Council will both meet separately by Zoom tomorrow at 7:00 pm.

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COUNCILWOMAN ADLER asked Director Costello about any activity or plans for the Earth Fare space

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at Westgate.

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DIRECTOR COSTELLO reported that an architect borrowed the original plans for the development of the

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space, but was unable to give any additional details to the City. She said that she reached out to the

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management firm of the center for any additional details or new information, but she said she can neither

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confirm nor deny anything though it does look promising. She hopes that we can get more information in

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the very near future.

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COUNCILWOMAN ADLER extended sympathies to Councilman Simmerly on the passing of his

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grandmother.

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COUNCILWOMAN WERING thanked Director Costello for getting the issue on West 220th_{taken care of}

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in a timely manner. She thanked her for the answers on the EarthFare space given in response to

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Councilwoman Adler.

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COUNCILWOMAN WERING made a motion to remove the issues of Fairview Park Codified Ordinance

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Chapters 707 and 708 from the Local Government & Community Services Committee.

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MOVED and SECONDED.

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ROLL ON MOTION: Vote: YES-6, NO-0 | Motion carries

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COUNCILMAN BURGER said that he received an email regarding Mastick Road Hill in regard to a stream

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that puddles across the road when there is rainfall. He questioned if the city was aware, and if they had

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jurisdiction on this.

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MAYOR COONEY said that this was brought to their attending before and during the construction phase of

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the project. There was some work done at the top of the hill to allow for better drainage collection and said

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that there will be some additional sewer work to provide catch basins to flow into. There used to be a ditch

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that directed the water to a nearby sewer and this was discussed during a final walk through with the

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Metroparks. He said it will likely not be attended to until weather permits, likely in the summer.

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COUNCIL MINUTES_TUESDAY, JANUARY 19, 2021 | Page 6 DIRECTOR COSTELLO added that this water is stormwater flowing from the city of Fairview Park and

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has historically been our responsibility, and in the spring when the County comes back to do additional final

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work on the project, they will ask that it remain closed to establish a new catch basin area.

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COUNCILMAN BURGER said that he is excited to be going on the tour to the North Olmsted Sewer

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Treatment Plant planned for Friday. He thanked Councilwoman Wering for sending the email in regard to

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the search for a new Superintendent.

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THE CHAIR made a motion to adjourn the regular meeting with no further business.

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MOVED and SECONDED.

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ROLL ON MOTION: Vote: YES-6, NO-0 | Motion carries, meeting adjourned at 7:30 p.m.

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*This meeting was available to access/participate by video & teleconference under COVID-19 Open

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Meetings Law Amendments per HB 197 by General Assembly and legal guidance provided by the OH

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Attorney General’s Office.

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Michael P. Kilbane, President of Council

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Liz L. Westbrooks, Clerk of Council

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Ordinance 21-_ | Page 1

ORDINANCE NO. 21-

REQUESTED BY: COUNCILMAN MINEK

EMERGENCY

WHEREAS, the Fairview Park Municipal Foundation has requested this Council to permit

the sale of beer and wine coolers only at Summer Fest 2021 to be held in Bohlken Park; and

WHEREAS, Section 921.05 (a)(3) of the Codified Ordinances of the City of Fairview Park

prohibits alcoholic beverages in Bohlken Park; and

WHEREAS, the Council desires to permit the sale and consumption in Bohlken Park

during the hours of Summer Fest 2021, which is to be held on July 29, 30, 31, and August 1, 2021.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:

SECTION 1. Section 921.05 (a)(3) of the Codified Ordinances of the City of Fairview

Park is hereby amended to permit the sale and consumption of beer and wine coolers only in

Bohlken Park on July 29, 30, 31, and August 1, 2021, during the published hours of Summer Fest,

provided that the Fairview Park Municipal Foundation and or the organization it lawfully permits

to do so, obtain the appropriate permit from the State of Ohio, Department of Commerce, Division

of Liquor Control, comply with all legal requirements of said state permit, and that the Fairview

Park Municipal Foundation and/or the organization it lawfully permits to do, provide the proper

liability insurance as required by the City and naming the City as an additional insured.

SECTION 2. It is found and determined that all formal actions of this Council concerning

and relating to the adoption of this ordinance were adopted in an open meeting of this Council,

and that all 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 ordinance is hereby declared to be an emergency measure

necessary for the preservation of the public peace, health, safety and welfare and so that the proper

licensing can be obtained for the event, and provided it receives the affirmative vote of a majority

plus one of the members elected to Council, it shall take effect and be in force immediately upon

its passage and approval by the Mayor, otherwise from and after the earliest period allowed by

law.

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Ordinance 21-_ | Page 2

PASSED:

1

st

reading:

APPROVED:

2

nd

reading:

3

rd

reading:

_________________________________

Patrick J. Cooney, Mayor

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ORDINANCE NO. 21-

CO-SPONSORED BY: COUNCILMAN MINEK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN

AGREEMENT WITH MACKAY ENGINEERING & SURVEYING CO. TO CONDUCT A

PLANNING STUDY FOR REOCCURING SEWER FLOODING ISSUES WITHIN THE WEST

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STREET LIFT STATION AREA AND DECLARING AN EMERGENCY

WHEREAS, the City of Fairview Park (“City”) seeks to upgrade its existing wastewater

facilities and infrastructure by completing a planning study that addresses the management of

excess sanitary flow and other issues related to wastewater infrastructure; and

WHEREAS, the City has applied for and attained a loan through the Ohio Environmental

Protection Agency’s Water Pollution Control Loan Fund (WPCLF) for the purpose of addressing

such issues in the West 227 Street Lift Station area; and

WHEREAS, the project vicinity includes all areas of the City for which flow is processed

at the North Olmsted Waste Water Treatment Plant and serviced by the West 227 Street Lift

Station; and

WHEREAS, said planning study will determine an implementation strategy and guide the

design and construction of corrective measures for reoccurring sewer and flooding issues.

SECTION 1. That the Mayor is hereby authorized to enter into an agreement with Mackay

Engineering & Surveying Co. in an amount not to exceed Four Hundred Fifty Thousand Dollars

($450,000.00) for the purpose of conducting a planning study for the West 227 Street Lift Station

area.

SECTION 2. Said services will be paid in-full through a Water Pollution Control Loan

Fund (WPCLF) loan in the amount of Four Hundred Fifty Thousand Dollars ($450,000) from the

Ohio Environmental Protection Agency.

SECTION 3. That the dedicated source of payment shall be the FP Sanitary Sewer Fund

(Fund 510), from which the WPCLF loan will be repaid.

and relating to the adoption of this Ordinance were adopted in an open meeting of this Council,

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SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary

for the preservation of public peace, health, safety and welfare; and for the further reason that the

planning study will guide infrastructure improvements that will address flooding issues in the

project area; and provided it received an affirmative vote of a majority plus one of the members

elected to Council, it shall take effect and be in force immediately upon its passage and approval

by the Mayor; otherwise from and after the earliest period allowed by law.

PASSED:

1

st

reading:

APPROVED:

2

nd

reading:

3

rd

reading:

____________________________________

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CITY OF FAIRVIEW PARK

20777 Lorain Road

Fairview Park, Ohio 44126-2018

- Established in 1910 -

(440) 330-2200 (City Hall)

www.fairviewpark.org

MEMORANDUM

TO: Council President Kilbane and Members of City Council FROM: Mary Kay Costello, Director of Public Service & Development

RE: Ordinance Authorizing Mackay Engineering & Surveying Co. to Conduct Sewer Planning Study

DATE: January 25, 2021

The Administration of the City of Fairview Park (“City”) is requesting the passage of the following legislation with three (3) readings on Monday, March 1, 2021:

ORDINANCE 21 –__ AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING & SURVEYING CO. TO CONDUCT A PLANNING STUDY FOR REOCCURING SEWER FLOODING ISSUES WITHIN THE WEST 227 LIFT STATION AREA AND DECLARING AN EMERGENCY

The City seeks to address the management of excess sanitary flow and other issues related to wastewater infrastructure in the West 227 Lift Station area, which includes all areas of the City for which flow is processed at the North Olmsted Waste Water Treatment Plant and serviced by the West 227 Street Lift Station. The City has attained a loan through the Ohio Environmental Protection Agency’s Water Pollution Control Loan Fund (WPCLF) for the purpose of conducting the study, and the City desires to engage Mackay Engineering & Surveying Co. for said work. The planning study will determine an implementation strategy and guide the design and construction of corrective measures for reoccurring sewer and flooding issues.

The Administration respectfully requests the passage of this legislation to enable the City to move forward in its efforts to plan for and address issues related to wastewater facilities and infrastructure – including sewer overflows and excess flow during wet weather events.

cc: Patrick J. Cooney, Mayor Timothy Riley, Law Director Liz Westbrooks, City Council Clerk Greg Cingle, Finance Director

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Ordinance 21-__ | Page 1

CITY OF FAIRVIEW PARK

ORDINANCE NO. 21 -

CO-SPONSORED BY: COUNCILMAN MINEK

AN ORDINANCE REPEALING AND REPLACING ORDINANCE 20-40 AND

AUTHORIZING THE MAYOR AND CITY ADMINISTRATION TO APPLY FOR, ACCEPT,

AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND (WPCLF)

AGREEMENT ON BEHALF OF THE CITY OF FAIRVIEW PARK FOR PLANNING,

DESIGN

AND/OR

CONSTRUCTION

OF

WASTEWATER

FACILITIES/INFRASTRUCTURE, DESIGNATING A DEDICATED REPAYMENT

SOURCE FOR THE LOAN, AND DECLARING AN EMERGENCY

WHEREAS, the City of Fairview Park (“City”) seeks to upgrade its existing wastewater

facilities and infrastructure by completing a planning study that addresses the management of

excess sanitary flow and other issues related to wastewater infrastructure; and

WHEREAS, the City intends to apply for a WPCLF loan for the planning, design and/or

construction of the wastewater facilities and infrastructure; and

WHEREAS, the WPCLF application requires the government authority to pass

legislation for the application of a loan and the execution of an agreement, as well as designating

a dedicated repayment source; and

WHEREAS, the project vicinity includes all areas of the City for which flow is processed

at the North Olmsted Waste Water Treatment Plant and serviced by the West 227 Street Lift

Station; and

WHEREAS, said planning study will determine an implementation strategy to address

issues related to wastewater infrastructure that occur in this section of the City.

SECTION 1. That Ordinance 20-40 is hereby repealed and replaced with this

Ordinance.

SECTION 2. That the Mayor and City Administration are hereby authorized to apply for

a Water Pollution Control Loan Fund (WPCLF) loan in the amount of Four Hundred Fifty

Thousand Dollars ($450,000), sign all documents for and enter into a WPCLF agreement with

the Ohio Environmental Protection Agency and the Ohio Water Development Authority for

planning, design and/or construction of water facilities and infrastructure on behalf of the City of

Fairview Park, Ohio.

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Ordinance 21-__ | Page 2

SECTION 3. That the dedicated source of repayment shall be the FP Sanitary Sewer

Fund (Fund 510).

SECTION 4. That the Mayor and City Administration are authorized to file all

documents and execute all agreements and pay all fees necessary to accept WPCLF funds; and

that the funds are appropriated solely for purposes described in this Ordinance.

SECTION 5. It is found and determined that all formal actions of this Council concerning

and relating to the adoption of this Ordinance were adopted in an open meeting of this Council,

SECTION 6. That this Ordinance is hereby declared to be an emergency measure

necessary for the preservation of public peace, health, safety and welfare; and for the further

reason that the planning study will guide infrastructure improvements that will address flooding

issues in the project area; and provided it received an affirmative vote of a majority plus one of

the members elected to Council, it shall take effect and be in force immediately upon its passage

and approval by the Mayor; otherwise from and after the earliest period allowed by law.

PASSED:

1

st

reading:

APPROVED:

2

nd

reading:

3

rd

reading:

_________________________________

(16)

20777 Lorain Road

Fairview Park, Ohio 44126-2018

- Established in 1910 -

(440) 330-2200 (City Hall)

www.fairviewpark.org

MEMORANDUM

TO: Council President Kilbane and Members of City Council FROM: Mary Kay Costello, Director of Public Service & Development RE: Repeal and Replacement of Ordinance 20-40

DATE: January 26, 2021

The Administration of the City of Fairview Park is requesting the repeal and replacement of Ordinance 20-40 with the following ordinance, with three (3) readings on Monday, March 1, 2021:

ORDINANCE 21 – AN ORDINANCE REPEALING AND REPLACING ORDINANCE 20-40 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATION TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND (WPCLF) AGREEMENT ON BEHALF OF THE CITY OF FAIRVIEW PARK FOR PLANNING, DESIGN AND/OR

CONSTRUCTION OF WASTEWATER FACILITIES/INFRASTRUCTURE, DESIGNATING A DEDICATED REPAYMENT SOURCE FOR THE LOAN, AND DECLARING AN EMERGENCY The language to be repealed and replaced pertains to the City fund through which WPCLF funds will be repaid, and such change is necessary to repay the loan with dedicated sewer bill revenue. The requested legislation will replace the Capital Projects Fund (Fund 811) with the FP Sanitary Sewer Fund (Fund 510).

The Administration respectfully requests passage of this ordinance to move forward in its efforts to plan for and address issues related to wastewater facilities and infrastructure – including sewer overflows and excess flow during wet weather events.

cc: Patrick J. Cooney, Mayor Timothy Riley, Law Director Liz Westbrooks, City Council Clerk Greg Cingle, Finance Director

(17)

Ordinance 21-01 | Page 1

CITY OF FAIRVIEW PARK

ORDINANCE NO. 21-01

REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &

DEVELOPMENT

AN ORDINANCE AUTHORIZING MACKAY ENGINEERING & SURVEYING CO.

TO PREPARE PLANS AND SPECIFICATIONS AND PROVIDE CONSTRUCTION

ADMINISTRATION AND BIDDING SERVICES FOR THE REPAIR OF CITY STREETS IN

YEAR 31 OF THE STREET REPAIR PROGRAM AND DECLARING AN EMERGENCY

WHEREAS, the City has completed Year 30 of its annual Street Repair Program; and

WHEREAS, Mackay Engineering & Surveying Co. (“City Engineer”) and the Director of

Public Service & Development have recommended that North Valley Drive (Story Road to West

Valley Lane), Elmore Road (Eastwood Avenue to Corporation Limit), Eaton Road (West 213

Street to West 220 Street), West 229 Street (Lorain Road to Westwood Avenue), and Brookway

Avenue (West 220 Street to the Brookpark Road Bridge) be completed in Year 31; and

WHEREAS, such streets were selected based on a number of factors including, but not

limited to, condition of the pavement and base, the year of the last major resurfacing, and

availability of funding; and

WHEREAS, such streets are in immediate need of repair and require plans and

specification for repair and reconstruction.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

SECTION 1. That the City Engineer is hereby authorized and directed to prepare plans

and specifications and provide construction administration and bidding services for portions of

North Valley Drive, Elmore Road, Eaton Road, West 229 Street, and Brookway Avenue through

Year 31 of the Street Repair Program.

SECTION 2. That the City Engineer shall be paid for the services for the project, rendered

in accordance with its contract, in an amount not to exceed One Hundred Forty-Five Thousand

Dollars ($145,000) to be paid from the Capital Project Fund (Fund 811) and from the Street

Maintenance & Repair Fund (Fund 210).

SECTION 3. It is found and determined that all formal actions of this council concerning

and relating to the adoption of this ordinance were adopted in an open meeting of this council, and

that all 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.

(18)

SECTION 4. That this ordinance is hereby declared to be an emergency measure,

necessary for the immediate preservation of the public peace, health, safety and welfare; and for

the further reason that work should be completed as soon as weather permits; and provided it

receives the affirmative vote of a majority plus one of the members elected to Council, it shall

take effect and be in force immediately upon its passage and approval by the mayor, otherwise

from and after the earliest period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

_________________________________

(19)

ORDINANCE NO. 21-02

DEVELOPMENT

SPONSORED BY: COUNCILMAN MINEK

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND

DEVELOPMENT TO ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A

CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS

DETERMINED BY THE BOARD OF CONTROL FOR THE WORK TO BE PERFORMED IN

YEAR 31 OF THE STREET REPAIR PROGRAM AND DECLARING AN EMERGENCY

WHEREAS, the City has completed Year 30 of its annual Street Repair Program; and

WHEREAS, Mackay Engineering & Surveying Co. (“City Engineer”) and the Director of

Public Service & Development have recommended that North Valley Drive (Story Road to West

Valley Lane), Elmore Road (Eastwood Avenue to Corporation Limit), Eaton Road (West 213

Street to West 220 Street), West 229 Street (Lorain Road to Westwood Avenue), and Brookway

Avenue (West 220 Street to the Brookpark Road Bridge) be completed in Year 31 of the Street

Repair program; and

WHEREAS, such streets were selected based on a number of factors including, but not

limited to, condition of the pavement and base, the year of the last major resurfacing, and

availability of funding; and

WHEREAS, per the City Engineer, the total estimated construction cost is One Million

Four Hundred Fifty Dollars ($1,450,000.00).

SECTION 1. That the Director of Public Service and Development is hereby authorized

to advertise for and accept bids for the repair of City streets selected for Year 31 of the Street

Repair Program, based on the plans and specifications prepared by the City Engineer.

SECTION 2. That the Mayor is authorized to enter into a contract with the lowest most

responsive and responsible bidder as determined by the Board of Control for said project, in an

amount not to exceed One Million Four Hundred Fifty Dollars ($1,450,000.00).which includes

contingency, to be paid from the Capital Project Fund (Fund 811) and from the Street Maintenance

& Repair Fund (Fund 210).

SECTION 3. It is found and determined that all formal actions of this council concerning

(20)

SECTION 4. That this ordinance is hereby declared to be an emergency measure,

necessary for the immediate preservation of the public peace, health, safety and welfare; and for

the further reason that the improvements and repairs should be done as soon as weather permits;

and provided it receives the affirmative vote of a majority plus one of the members elected to

Council, it shall take effect and be in force immediately upon its passage and approval by the

mayor, otherwise from and after the earliest period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

___________________________________

(21)

ORDINANCE NO. 21-03

DEVELOPMENT

SPONSORED BY: COUNCILMAN MINEK

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND

DEVELOPMENT TO ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A

CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS

DETERMINED BY THE BOARD OF CONTROL FOR WATER MAIN REPLACEMENTS

AND PAVEMENT RESURFACING ON CROMWELL AVENUE, PARKWOOD AVENUE,

AND BAIN PARK DRIVE, AND DECLARING AN EMERGENCY

WHEREAS, it has been determined that certain water mains on Cromwell Avenue (West

210 Street to West 213 Street), Parkwood Avenue (West 210 Street to West 213 Street), and Bain

Park Drive are in need of replacement; and

WHEREAS, Mackay Engineering & Surveying Co. (“City Engineer”) has prepared plans

and specifications and will provide bidding and construction administration services; and

WHEREAS, the project was approved by the City of Cleveland Division of Water

(“Cleveland Water”) as a “combined project”, for which the Division of Water will reimburse the

City for the water main portion of the project and the City of Fairview Park (“City”) will fund the

resurfacing portion; and

WHEREAS, per the City Engineer, the total estimated construction cost is One Million

One Hundred Three Dollars ($1,103,000.00), of which it is estimated that Cleveland Water will

contribute Six Hundred Fifty-Four Thousand Dollars ($654,000) to the water main replacement

and the City will contribute Four Hundred Forty-Nine Thousand Dollars ($449,000) to the

pavement resurfacing.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

SECTION 1. That the Director of Public Service and Development is hereby authorized

to advertise for and accept bids for water main replacements and pavement resurfacing on

Cromwell Avenue, Parkwood Avenue, and Bain Park Drive, based on the plans and specifications

prepared by the City Engineer.

SECTION 2. That the Mayor is authorized to enter into a contract with the lowest most

responsive and responsible bidder as determined by the Board of Control for said project, in an

amount not to exceed One Million One Hundred Three Dollars ($1,103,000.00), which includes a

contingency and is to be paid from the Water Line Reconditioning Fund (Fund 550).

(22)

SECTION 3. It is found and determined that all formal actions of this council concerning

SECTION 4. That this ordinance is hereby declared to be an emergency measure,

necessary for the immediate preservation of the public peace, health, safety and welfare; and for

the further reason that the work be started as soon as possible to ensure the delivery of potable

water; and provided it receives the affirmative vote of a majority plus one of the members elected

to Council, it shall take effect and be in force immediately upon its passage and approval by the

mayor, otherwise from and after the earliest period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

___________________________________

(23)

ORDINANCE NO. 21-06

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SERVICE

AGREEMENT WITH TAC COMPUTER, INC. AND DECLARING AN EMERGENCY

WHEREAS, TAC Computer, Inc. has been the sole provider of computer services to the

Fairview Park Police Department including: OLEN (Ohio Law Enforcement Network), CAD

Records support, TAC MDT (Mobile Data Terminal) support and provides a direct link with the

Rocky River Municipal Court for video arraignments; and

WHEREAS, it is in the best interest of the City of Fairview Park Police Department to

continue its association with TAC Computer, Inc.; and

WHEREAS, it is necessary to renew the service agreement with TAC Computer, Inc. for

services in 2021.

SECTION 1. The Mayor is hereby authorized to enter into a service agreement with TAC

Computer, Inc. for 2021 in an amount not to exceed Seventeen Thousand Dollars ($17,119.32), in

such form as is approved by the Director of Law, and shall be paid from the General Fund (100) –

Police Department.

and relating to the adoption of this ordinance were adopted in an open meeting of this Council,

and that all deliberations of this Council and any of its committees that resulted in such formal

SECTION 3. That this ordinance is hereby declared to be an emergency measure necessary

for the preservation of the public peace, health, safety and welfare and provide necessary computer

support services for 2021, and provided it receives the affirmative vote of a majority plus one of

the members elected to Council, it shall take effect and be in force immediately upon its passage

and approval by the Mayor, otherwise from and after the earliest period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

____________________________________

(24)

ORDINANCE NO. 21-04

REQUESTED BY: MAYOR PATRICK J. COONEY

AN ORDINANCE AMENDING FAIRVIEW PARK CHAPTER 707 OF THE

CODIFIED ORDINANCES AND DECLARING AN EMERGENCY

WHEREAS, Chapter 707 of the Fairview Park Codified Ordinances which provides for

the procedures and requirements for apartment license fees needs to be amended in order to

conform with the dictates of Vonderhaar v. Village of Evandale (2018 WL 488220, filed

1/19/2018) and Baker v. City of Portsmouth (2015 WL 5822659, filed 10/1/2015.)

SECTION 1. Chapter 707 of the Fairview Park Codified Ordinance requires amendment.

The amendments to Chapter 707 are revealed in the attached Exhibit “A”, which highlights and

tracks the additions and deletions.

SECTION 2. It is found and determined that all formal actions of this Council

concerning and relating to the adoption of this ordinance were adopted in an open meeting of

this Council, and that all 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 ordinance is hereby declared to be an emergency measure

necessary for the preservation of the public peace, health, safety and welfare and to immediately

remove this ordinance section from the codified ordinances and provided it receives the

affirmative vote of a majority plus one of the members elected to Council, it shall take effect

and be in force immediately upon its passage and approval by the Mayor, otherwise from and

after the earliest period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

(25)

EXHIBIT A

707.01

DEFINITIONS.

(a)

For the purpose of this chapter, “apartment building” means any structure containing

more than three dwelling units, used wholly for the purpose of leasing or renting rooms or suites

to more or less permanent tenants, and being under the common ownership or management of

an individual(s), corporation, Limited Liability Companies, Limited Partnerships or

Partnerships.

(b)

Further “apartment buildings” as herein defined shall include dwelling units individually

rented or leased in structures without common entrances, exits, hallways, lobbies or facilities,

where located within a complex or cluster arrangement and under the common ownership or

management of an individual(s), corporation, Limited Liability Companies, Limited

Partnerships or Partnerships.

(Ord. 03-36. Passed 10-6-03.)

707.02

LICENSE REQUIRED; FEE.

(a)

No person shall let, rent or lease for occupancy, either as owner, lessor, agent or

attorney, any apartment building units or suites within the City without first having obtained a

license from the office of the Building Commissioner. The license shall be renewable January

1 of each year during the period of occupancy.

(b)

The fee for such license shall be one hundred fifty dollars ($150.00) per

apartment complex plus an additional eight dollars ($8.00) per dwelling unit per

building.

(Ord. 10-39. Passed 11-15-10.)

707.03

APPLICATION FOR LICENSE.

Applications for license to let, rent or lease apartments shall be obtained from the Building

Commissioner. Such application shall be filed during the month of January of each year

commencing with 1990. The fees shall be payable at the time of such application. Such license

shall expire December 31 of each year. During this application for license, the owner shall be

notified in writing of his duty to post a summarized explanation of the duties and rights of

tenants under Ohio R.C. Chapter 5321 approved by the Building Commissioner in an enclosed

covering in a conspicuous location above the mailboxes, or other location approved by the

Building Commissioner, in each structure of the apartment, every day of the year, so that each

tenant shall be notified of his rights and duties under the law.

(Ord. 03-36. Passed 10-6-03.)

707.04

INSPECTIONS.

(a)

The Building Commissioner or his representative, prior to the issuance of a license to rent

apartment building units or any renewal thereof, shall make

will request

an inspection of the

premises to ascertain if there are any violations of these Codified Ordinances or State law,

permission to enter shall be provided by the occupant or, in the case of unoccupied property,

from the owner or his agent. A license shall not be issued or renewed until any violations found

on the premises have been corrected. At the time the license is issued, the owner shall sign an

agreement stating that he hereby certifies that he shall continue to post and maintain a

(26)

summarized explanation of the duties and rights of tenants under Ohio Revised Code Chapter

5321 approved by the Building Commissioner in an enclosed covering in a conspicuous location

above the mailboxes, or other location approved by the Building Commissioner, in each

structure of the apartment, every day of the year, so that each tenant shall be notified of his

duties and rights under the law.

(Ord. 10-39. Passed 11-15-10.)

(b)

The Building Commissioner or his representative is hereby authorized to make or cause

to be made inspections to determine the condition of all common areas, inside and out, including

garages, and exteriors of building and of the multi-family dwelling, multi-family dwelling units,

occupiable structures and premises located within the City in order that he may perform his

duty of safeguarding the health and safety of the occupants of the dwelling units and occupiable

structures and of the general public and to determine whether they conform to the provisions of

this Code. Such inspections may also be made whenever the Building Commissioner has

reasonable cause to believe that a violation of this Building Code exists therein or thereon.

(Ord. 03-36. Passed 10-6-03.)

707.05

RIGHT OF ENTRY.

(a)

For the purpose of making such inspections, the Building Commissioner, upon

presentation of proper credentials, is authorized to enter, examine and survey at all reasonable

times all multi-family dwellings, multi-family dwelling units, rooming units, occupiable

structures, structures and premises provided for in this Code. The owner and occupant of every

such multi- family dwelling, multi-family dwelling unit, rooming unit, occupiable structures,

structures and premises and the person in charge thereof shall give such official free access to

such multi-family dwelling, multi-family dwelling unit, rooming unit, occupiable structure,

structures and premises at all reasonable times for the purpose of such inspection, examination

and survey.

(Ord. 10-39. Passed 11-15-10.)

(b)

Every occupant of a multi-family dwelling, multi-family dwelling unit, or occupiable

structure shall give the owner thereof or his agents and employees access to any part of such

multi- family dwelling, multi-family dwelling unit, occupiable structure or their premises at

all reasonable times for the purpose of making such repairs or alterations as are necessary to

effect compliance with the provisions of this Code.

(c)

Except in emergency situations, no penalty under the penalty provisions of this Code

shall apply against any owner who refuses the right of entry hereunder until a search warrant is

obtained.

(Ord. 03-36. Passed 10-6-03.)

707.05

RIGHT OF ENTRY.

(a)

Upon presentation of proper credentials the Building Commissioner and his or her duly

authorized agents or inspectors or the Fire Chief or his or her duly authorized agents or

inspectors may enter at reasonable times, or at such other times as may be necessary in an

emergency, any dwelling, building, structure or premises in the City to perform any duty

imposed on him or her by this Code or the Fire Prevention Code, provided that permission

to enter is obtained from the occupant or, in the case of unoccupied property, from the

owner or his or her agent. If such permission is refused or is otherwise unobtainable, a

search warrant shall be obtained before such entry or inspection is made, except in the case

(27)

of an existing emergency in which case entry may be made at any time and no search

warrant is necessary. No person shall in any way obstruct, hinder, delay or otherwise

interfere with such entrance under this section

.

(b)

Every occupant of a multi-family dwelling, multi-family dwelling unit, or occupiable

structure shall give the owner thereof or his agents and employees access to any part of

such multi- family dwelling, multi-family dwelling unit, occupiable structure or their

premises at all reasonable times for the purpose of making such repairs or alterations as

are necessary to effect compliance with the provisions of this Code.

707.06

CANCELLATION OF LICENSE.

(a)

The Building Commissioner is authorized to revoke the license of any property to

which they are denied access to make an inspection.

The Building Commissioner may cancel any license issued hereunder for any apartment

when a violation of a State law or a City ordinance has been found to exist on the premises in

excess of sixty (60) days after notice has been sent to the owner of the apartment. Notification,

for the purpose of this section, shall be by certified or registered mail to the owner at the address

shown on the County tax duplicate records.

(Ord. 10-39. Passed 11-15-10.)

707.07

RESPONSIBILITY FOR COMPLIANCE.

The owner as defined in this Code shall be responsible for compliance with all of the

provisions of this Code except where the responsibility therefor is specifically placed

elsewhere. (Ord. 03-36. Passed 10-6-03.)

707.99 PENALTY.

Whoever violates any provision of this chapter shall be fined not more than five hundred

dollars ($500.00) or imprisoned not more than six (6) months, or both. Each day’s continued

violation shall constitute a separate offense.

(28)

ORDINANCE NO. 21-05

AN ORDINANCE AMENDING FAIRVIEW PARK CHAPTER 708 OF THE CODIFIED

ORDINANCES AND DECLARING AN EMERGENCY

WHEREAS, Chapter 708 of the Fairview Park Codified Ordinances which provides for the

procedures and requirements for rental dwelling and associated license fees needs to be amended

in order to conform with the dictates of Vonderhaar v. Village of Evandale (2018 WL 488220,

filed 1/19/2018) and Baker v. City of Portsmouth (2015 WL 5822659, filed 10/1/2015.)

SECTION 1. Chapter 708 of the Fairview Park Codified Ordinances are amended. The

amendments to Chapter 708 are revealed in the attached Exhibit “A”, which highlights and tracks

the additions and deletions.

and relating to the adoption of this ordinance were adopted in an open meeting of this Council, and

that all 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 ordinance is hereby declared to be an emergency measure necessary

for the preservation of the public peace, health, safety and welfare and to immediately remove this

ordinance section from the codified ordinances and provided it receives the affirmative vote of a

majority plus one of the members elected to Council, it shall take effect and be in force

immediately upon its passage and approval by the Mayor, otherwise from and after the earliest

period allowed by law.

PASSED:

1

st

reading: 01.19.21

APPROVED:

2

nd

reading:

3

rd

reading:

(29)

EXHIBIT A

708.01

DEFINITIONS.

For the purpose of this chapter:

(a)

“Rental Dwelling Unit” means any single-family home or one (1) independent living

quarter, that is non-owner occupied, which provides for living, sleeping, cooking, eating and

sanitation within any condominium, townhouse, duplex or three family housing located in the City

of Fairview Park.

(b)

“Building Commissioner” means the duly appointed Building Official of the City of

Fairview Park or any licensed or authorized building inspector.

(c)

“Rental Dwelling Unit License” means the certificate issued by the Building Commissioner

which authorizes the operation of a rental dwelling.

(d)

“License Fee” means a nonrefundable yearly rental license fee paid to the City for a license

to operate a Rental Dwelling Unit.

(Ord. 08-57. Passed 11-3-08.)

708.02

LICENSE REQUIRED; FEE.

(a)

No person shall let, rent or lease for occupancy, either as owner, lessor, agent or attorney,

any rental dwelling unit within the City of Fairview Park without first having obtained a license

from the Office of the Building Commissioner. The License shall be renewable by July 1st of each

year for the following year and for each year during the period of occupancy. Any license issued

shall be non-transferable.

(b)

The fee for a rental dwelling license shall be one hundred dollars ($100.00) per year per

rental dwelling unit. Beginning immediately upon adoption of this ordinance, rental dwelling units

will be required to apply for a Rental Dwelling Unit License at a fee of fifty dollars ($50.00) to

cover the period between implementation of this ordinance and July 1, 2009.

(c)

Should payment not be made within thirty (30) days of its due date, a late fee of fifty dollars

($50.00) shall be imposed upon the licensee.

(d)

Should the rental dwelling unit require a reinspection to demonstrate compliance with all

laws and ordinances or correction of any citation(s) issued by the Building Commissioner, the

reinspection fee shall be twenty-five dollars ($25.00) for each reinspection, said fees to be paid

prior to the issuance of a license under this chapter.

(Ord. 08-57. Passed 11-3-08.)

708.03

APPLICATION FOR LICENSE.

Applications for license for rental dwelling units shall be obtained from the Office of the

Building Commissioner. The application shall be filed by June 15 of each year for the following

year. The fee due shall be submitted with the Application for License. Any Rental Dwelling Units

added in a building must be licensed within thirty (30) days of the rental of the added rental

dwelling unit.

(30)

708.04

CHANGE IN OWNERSHIP.

In the event there is a change in the ownership of the property as shown on the license, the Rental

Dwelling License shall become null and void thirty days after the recorded date of such change of

ownership. A new Rental Dwelling Unit License must be obtained by the new owner within thirty

days after the change in ownership has been recorded.

(Ord. 08-57. Passed 11-3-08.)

708.05

INSPECTIONS.

(a)

A request shall be made for an inspection of e

ach rental dwelling unit shall be subject to

inspection by the Office of the Building Commissioner prior to the issuance of the license. Such

inspection shall be made of the rental dwelling unit to ascertain whether there are any violations

of the Codified Ordinances of the City of Fairview Park, or any other applicable law. No license

shall be issued or renewed until any violations found on the rental dwelling unit property are

corrected.

(b)

The Building Commissioner is hereby authorized to make or cause to be made inspection

to determine the condition of the rental dwelling unit so that the health and safety of the occupants

and the general public may be safeguarded. Inspections may be conducted one time per license

year or whenever the Building Commissioner has reasonable cause to believe a violation of the

laws or ordinances of the City exist.

(Ord. 08-57. Passed 11-3-08.)

708.06

RIGHT OF ENTRY.

For the purpose of making inspections, the Building Commissioner, upon presentation of proper

identification, may enter and inspect at all reasonable times the rental dwelling unit. The owner or

his agent and/or the occupant of the rental dwelling unit shall give free access to the rental dwelling

unit for purposes of inspection. However, if the owner, his agent and/or occupant of the rental

dwelling unit refuses entry for such inspection, or if permission is unattainable, a search warrant

shall be obtained before any entry or search is conducted.

(Ord. 08-57. Passed 11-3-08.)

708.06 RIGHT OF ENTRY

Upon presentation of proper credentials the Building Commissioner and his or her duly

authorized agents or inspectors or the Fire Chief or his or her duly authorized agents or

inspectors may enter at reasonable times, or at such o

MONDAY, FEBRUARY 1, 2021