THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

DOCKET 

OF AMEETING OF 

THE LAKEWOOD CITY COUNCIL 

TOBE HELD IN THE COUNCIL CHAMBERS 

LAKEWOOD CITY HALL 12650 DETROIT AVENUE 

OCTOBER 18 2010 

730PM 

The Regular Meetings ofLakewood City Council shall be held on the first and third Mondays of 

each month at730PMexcept that when such meeting date falls on a holiday such meeting shall 

to be 

instead be held on the following day A Docket and Agenda of the business proposed 

s Office and both branches ofthe Lakewood 

transacted by Council will be available in the Clerk 

PublicLibrary after noonon Fridaybefore a Council meeting 

Section 121 08ofthe Codified Ordinances ofthe City of Lakewood establishes rules for the public 

to followwhen speaking before Council 

ADDRESSING COUNCIL The President may recognize any non member for addressing 

shall address the 

Council on any question then pending In such cases the person recognized 

chair state his or her name and address and the subject matter he or she desires to discuss 

Speakers must be courteous in their 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 PROTOCOL 

The Clerk at the beginning ofthe meeting will present the AGENDA ITEMS sheetto sign in the 

President of Council Speakers will be called to address Council by the Chair A citizen must 

first write his or her name address and agenda item number on the designated sign in sheet in 

orderto be recognized 

PUBLIC COMMENT PROTOCOL 

The clerk at the end of the meeting will present the PUBLIC COMMENT sign in sheet to the 

President of Council Public Comment will be welcomed at the end of a Council Meeting on 

miscellaneous issues or issues other than agenda items A citizen must first writehis or hername 

address and topic on the designated sign in sheet in order to be recognized The forum is not 

designed tobe a question and answer session 

I Pledge ofAllegiance 

II 

MomentofSilence 

Roll Call 

III 

Reading and disposal ofthe Minutes of the Regular Meeting of Council held 

October 4 2010 

Reports legislation and communications from Members of Council the 

Mayor and other City Officials

OLD BUSINESS 

1 Finance Committee Report regarding Updates to Chapter 128 of the City of 

Lakewood Codified Ordinances Municipal Income Tax To Be Provided 

2 ORDINANCEN0 71 10 AN ORDINANCE to amend Chapter 128 Municipal 

Income Tax within the Codified Ordinances of the City of Lakewood for the 

purpose of updating the Code and to be consistent with Ohio Revised Code and 

Internal Revenue Code Changes PLACED ON 1sT READING REFERRED 

TO THE FINANCE COMMITTEE 10410 Pg 6 

3 Public Works Committee Report regarding 

Ordinance 57 10 To Be Provided 

4 ORDINANCE NO 57 10 AN ORDINANCE to amend Chapter 1308 Flood 

Damage Prevention of the Codified Ordinances ofthe City ofLakewood for the 

purpose of 

PLACED ON 1sT READING 

REFERRED TO THE PUBLIC WORKS COMMITTEE719 10 2ND READING 

9810 Pg 20 

5 Health Human Services Committee Report regarding Family to Family 

System of Care Expansion Project To Be Provided 

6 RESOLUTION NO 8449 10 A RESOLUTION to take effect immediately 

provided it receives the affirmative vote of at least five 5 members elected to 

Council otherwise it shall take effect and be in force after the earliest possible 

period allowed by law authorizing the Mayor or his designee on behalf ofthe 

City to enter into an Amended Agreement with the Cuyahoga County 

Department of Children and Family Services to accept and expend funds for the 

Family toFamily System of Care Expansion Project in an amount estimated tobe 

660 928 00 PLACED ON 1sT READING REFERRED TO THE HEALTH 

HUMAN SERVICES COMMITTEE10410 Pg 30 

7 Public Safety Committee Report regarding Ordinance No 70 10 To Be 

Provided 

to create new Section 

8 ORDINANCENO 70 10 AN ORDINANCE 

144 15 Original Appointment to the Division of Fire of the Codified 

Ordinances of the City of Lakewood to authorize and set out the method 

of Original Appointments to the Division of Police to include a 

combination of appointment from a certified list and lateral entry hire 

PLEASE SUBSTITUTE FOR ORDINANCE NO 70 10 PLACED ON 

1sT READING REFERRED TO THE PUBLIC SAFETY 

COMMITTEE920 10 2ND READING10410 Pg 31 

9 Economic Development Committee Report regarding Ordinance No 53 10 To 

Be Provided 

2

l0 

ORDINANCE NO 53 10 An Ordinance to amend Chapter 1329 Signs of the 

Codified Ordinances of the City of Lakewood for the purpose ofregulating signs 

including provisions to control the type design size location illumination and 

maintenance thereof within the City of Lakewood PLACED ON 1sT 

READING REFRRED TO THE ECONOMIC DEVELOPMENT 

COMMITTEE 7610 DEFERRED 719 10 2ND READING 920 10 

DEFERRED 10 410 Pg 33 


provided it received the affirmative vote of at least five 5 members elected to 

Council otherwise it shall take effect and be in force after the earliest period 

allowed by law authorizing and directing the Mayor to submit the Fiscal Year 

FY 2011 One year Action Plan of the Consolidated Plan which includes dollar 

allocations and activities for federal Community Development Block Grant 

CDBG funds and Emergency Shelter Grant ESG funds and incorporates the 

City s application for CDBG funds ESG funds HOME Investment Partnership 

funds and all amendments thereto and all understandings and assurances 

contained therein to the US Department of Housing and Urban Development 

PLACED ON 1sT READING REFERRED TO THE COMMITTEE OF THE 

WHOLE 10 410 HUD Pg 41 

NEWBUSINESS 

12 Communication from Finance Chair Summers regarding 2010 Annual 

Report from the Audit Committee To Beprovided ReportPg 45 

13 Communication from Finance Chair Summers regarding 2011 Budget 

Process and Issues Pg 48 

14 Communication from Councilmember Bullock regarding Report on 

Lakewood spilot program allowing leashed dog walking in Lakewood 

Park and Kauffinan Park for atwelvemonth period Pg 51 

I5 Communication from Mayor FitzGerald and Public Works Director Beno 

regarding Declining Condition of Several trees on Clifton and West 

Clifton Pg 55 

16 Communication from Mayor FitzGerald regarding Sweepstakes Cafes 

AProposed Moratorium Pg 56 

17 

ORDINANCE NO 72 10 AN ORDINANCE to take effect immediately 


Council otherwise it shall take effect and be in force at the earliest period allowed 

by law to place a moratorium on the granting of permits to operate an Internet 

Cafe Sweepstakes Gaming Cafe or Computer Game Center Business for a period 

not to exceed six months in order to allow Council and the Lakewood Planning 

3

Commission toundertake areview of applicable criminal codes and the Lakewood 

Zoning Code relative to these establishments Pg 57 

18 Communication from Finance Director Pae regarding City ofLakewood Financial 

Polices Guidelines Pg 60 

19 Communication from Finance Director Pae regarding 771 million Issuance of 

City ofLakewood Ohio General ObligationBonds and455 million Refunding of 

the 1998 General ObligationBonds Pg 74 

20 ORDINANCE NO 73 10 AN ORDINANCE to take effect immediately 


Council otherwise it shall take effect and be in force after the eazliest period 

allowed by law providing for the issuance and sale of bonds in the aggregate 

principal amount not to exceed771 000 to pay costs ofvarious improvements 

approving and authorizing vazious documents and actions related to the issuance 

ofthe bonds Pg 75 



Council otherwiseitshall take effect and be in force after theearliest period allowed 

by law providing for the issuance and sale of bonds in the aggregate principal 

amount notto exceed4550 000 to refund all or aportion ofthe City soutstanding 

various purpose general obligation bonds series 1998 approving and authorizing 

various documents and actions relatedtothe issuance ofthe bonds Pg 92 

22 Communication from Fire Chief Mroz regarding Amendments to Chapter 15 Fire 

Prevention Code Pg 109 




allowed by law amending section 1501 01 1995 Edition Adopted and section 

1501 11 Copies ofthe Lakewood Codified Ordinances to adopt the most recent 

version ofthe Ohio Fire Code and toclarify where the public may access copies 

ofthe Code Pg 110 

24 Communication from Public Works Director Beno regarding Great Lakes 

Constructiondonation to remove Little Links Pg 113 




allowed by law authorizing the Mayor to accept on behalf of the City of 

Lakewood services in the form of removal ofconcrete and grading ofthe area at 

4

Kaufmann Park known as Lakewood Little Links from The Great Lakes 

Construction Company valued at approximately5000 Pg 114 

26 Communication from Human Services Director Buckon regarding Juvenile 

Diversion Program Pg 116 




allowed by law authorizing the Mayor or his designee to enter into an 

Agreement with the Cuyahoga County Board ofCounty Commissioners and their 

successors to accept and expend funds in an amount estimated at40 251 to 

expand services provided 

under theCity sJuvenile Diversion Program Pg 117 

28 Liquor Permit Application for new Cl and C2 classifications for Lakewood 

Supermarket 14235 Madison Avenue Pg 119 

5

ORDINANCE N0 71io 

PLACED ON 1ST READING referred 

TO TAE Finance Cmte 10410 

AN ORDINANCE to amend Chapter 128 Municipal Income Tax within the 

Codified Ordinances ofthe City of Lakewood for the purpose of updating the 

Code and to be consistent with Ohio Revised Code and Internal Revenue Code 

Changes 

WHEREAS this ordinance is necessary for the collection of municipal 

income taxes in the City of Lakewood to remain consistent with the Ohio Revised 

Code and the Internal Revenue Service regulations Now therefore 

BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 That Chapter 128 Municipal Income Tax of the Codified 

Ordinances of the City of Lakewood currently reading 

BY 

as follows 

128 0101 PURPOSE OF LEVY OF INCOME TAX 

To provide funds for the purposes of general municipal functions of the 

City there shall be and is hereby levied atax on all salaries wages commissions 

and other compensations and on net profits as hereinafter provided 

DEFINITIONS 

128 0301 DEFINITIONS GENERALLY 

For the purposes of this chapter the terms phrases words and their 

derivatives shall have the meanings geven m the next succeeding sections The 

singular shall include the plural and the masculine shall include the feminine and 

the neuter 

128 0302 ADMINISTRATOR 

Administrator means the individual designated to administer and enforce 

the provisions of the City income tax 

128 0303 ASSOCIATION 

Association means any partnership limited partnership limited liability 

company Subchappter S Corporation or any other form of unincorporated 

enterprise owned by one or more persons 

128 0304 BOARD OF REVIEW 

Board of Review means the Board created by and constituted as 

provided in Section 128 2501 

128 

0305 BUSINESS 

Business means any enterprise activity profession or undertaking of 

any nature conducted for profit or ordinarily conducted for profit whether by an 

individual partnership association corporation or any other entity excluding 

however all nonprofit corporations which are exempt from the payment of 

Federal Income Tax

128 0306 CORPORATION 

COryoration means a mrpoation orjoint stock association or9anizetl 

under the laws of Ne United States the State of Ohio Or any ocher state 

tenitory orforeign rountry or dependency but does not include Subchapter S 

Corporations 

128 0307 EMPLOYEE 

Employee means onewho works forwages salary 

type ofwmpensation intheserviceofan employer 

commission orother 

128 0308 EMPLOYER 

Employer means an individual partnership association corporation 

govemmentbedy amt or agency or any other entity whetherornot or9anize 

for proft who of Nat employs one or more persons on a salary wage 

commission oroNer basis ofcompenutien 

128 0309 FISCALYEAR 

Fiscal year means an amounting period of twelvemonths or lessending 

onany day other Nan December31 128 03091 FUNDAMENTAL CHANGE 

Funtlamental change means any substantial alteration by an employer 

indudinq liquidations dissoluCion bankruptcy reorganizations such as merger 

consolidation acgmsition transferorchange m tlentity form ororganization 

128 0310 GROSS RECEIPTS 

Gross receipts means thetotal income from any source whatever 

128 03101 MANAGER 

Manager means any of Ne employer sofficers responsible persons 

employees having control or supervision and employees charr9getl wiN the 

responsibility offiling Ne return paying taxes and oNenmse comprying wiN Ne 

provisions ofthis chapter 

128 0311 NET PROFITS 

Net profts means a net gain from Ne operation of a business 

profession enterpnse or other activity after provision for all ordinary antl 

necessary ex enses eiNer paid or accrued in acmMance wiN the aaounting 

system used uy Ne taxpayer forfederal income tax purposes without deduction 

o taxes imposed by this chapter fedeal state antl other taxes based on 

income and inNe case ofan assouaton wilhouideduction of salaries paid to 

partnersand otherowners 

128 0312 NONRESIDENT 

Nonresident means an individual tlomiciled outside Ne City of 

Lakewood 

128 0313 NONRESIDENT UNINCORPORATED BUSINESS 

ENTTTY 

Nonresident unincorpoa edbusiness entity means an uninmrpoated 

business entity not having ari offce or place of business within Ne City of 

Lakewood 

128 0314 PERSON 

Person means every natural person partnership fiduciary association 

earnetl on and after January 1 1981 by nonresidents ofNe City 

forworkdone or services pertarmed or 

renderteyd within the Ciry 

c i On the portionaabuable ervthl 1981 ofBallrtPtdent 

d 1 

contluctea in me uq 

2 On Ne portieA of Ne distributive share of 

saeinuarv L 1981 of a t 

2 

uninwrPOa eqousinesseuu y r 

e On Ne portion attnbutableta Ne Ory ofthe net profits earned on b 

and after anuary 1 1981 of all mrpoatlonp derived from sales 

made work done services pertormed orrendered and business or 

other attivNes conducted in Ne City whether or not such 

corpoations have an office orPlace of business intheGty Ord 

p 

43 80 Approvetl byvoters 11480 

f On Ne portlonaNbutable to this municipality pursuant to Ne 

2 

i fnance and canying 

consumer s accqunts 

128 0502 EFFECTIVE PERIOD 

Such tax shall be levied rollected and with 

paid respell NNe salaries 

wages commissions and otrnet wmpensabon including lottery winnings 

oP businesses 

oinand afterroJatnuary SP1981 

pofessionsorotheractrvtleeezmed 

or corporation Whenever used in any clause prescribing and 

theterm person as applied to any unincorpoate entity 

partners or members thereof and as applied to corporations the officers 

thereof 

the 

DETERMINATION OFALLOCATION OFTAX 

or 

impshII meanathe 

328 0315 PLACE OFBUSINESS 

Place of business means any bona fde offce other than a mere 

statutoryoffce factory warehouse orother space which is occupied and used 

by the N aver m carrying u orthrough 

oeese lad min attenldance dually one 

ormare ofhis regular employ 9 Y 

128 0316 RESIDENT 

Resident means an individual domitiled inthe Cityof Lakewood butshall 

not include those individuals attending an accredited college or university on a 

full rime basiswho reside withinthe Gty sateen weel or less tluring thetaxable 

year 

128 031 RESIDENT UNINCORPORATED BUSINESS ENTITY 

Resident unincorpoated business entity 

means an unincorporated 

business entity having an office or place of business within Ne Cry of 

Lakewood 

128 03171 SCORPORATION 

S Corpoation orSubchapter S Co nation means any associatlon 

Internal RevenueCefor its tdaxable yearrer 5ofChapter 1 ofSubtitle A ofthe 

128 0318 TAXABLE INCOME 

Taxable income means wages salaries and othercompensadon paid by 

an or 

employer employers before any tleduGion and orNe net profds from Ne 

opeabon of a business profession or otheren erpnse or activity atl1ustetl in 

lotterownnin sh tamtibvand gaming winngs Taxable income shall include 

ry 9 9 9 

128 0319 TAXABLE YEAR 

Taxable year means Ne calendaryear orthe fiscal yearupon Ne basis 

ofwhich Ne net profits aretp be computed antler this chapter and m Ne case 

of a factional part of a year theperiod forwhich such return isrequiretl N be 

made 

128 0320 TAXPAYER 

Taxpayer means a person whether an individual partnership 

assocationor any corpoation orother entry required hereunder to file a 

return 

or pay a tax 

IMPOSITION OFINCOME TAX 

128 0501 RATE ANDINCOME TAXABLE 

An annual tax For theprpuses specified In Section 128 0101 shall be 

imposed on and after anuary 1 1981 at Ne ateof one and one halfpercent 

12 per annumupon Nefollowing 

a On all salaries wages o 

indutling lottery wimm gs gamblnnandgami9winningseearned 9 

on and after anuary 1 1981 by residentsoftheGty 

b On all salaries wages commissions and oNer compensation 

allocation percena9 th of 

payroll and sales 

or0leaPed bynthe Nzpayer adlthe value ioflsuch 

re determinetl by multlplying Ne annual rental 

and other compensation paid tluring the taxable 

128 

0703 TOTALALLOCATION 

Add togeNer Ne percentages tletermined inaccordance wiN subsections 

and

a b and c ofSection 128 0701 or such of theaforesaid percentages as are 

applicable to Ne partiwlar taxoaver and tlivide the Mal so obtametl by the 

numher ofpercentages usedinSerrvmg such total in oNerto obtain the business 

allocatlon percentage referred to in Section 128 0701 

Afactor isapplicable even though it may be allocable entirelyin or outside 

theGty 

128 0704 RENTAL9 

a er shall be indutled in the 

a Rental income receivetl by a taxp Y 

mmputaHon of netprofits from businessaQwiUes under subsections c d and 

e 126 0501 onl if and to the extent that the rental ownership 

ofggSection 

whemetr sotreritetl mbana9ed or opelratetltby a taxpayer Individalty orrthrough 

a entror consbtutes a business activity ofthetaxpayer in 

othe 

representanves 

128 0705 OPERATING L059 CARRY FORWARD 

a The portion of a net ope2tlnp lass sustained inany taxable year 

subsequent to uI 1 1967 allocable to the CiN may be a plied against the 

portien oftheprofYtofsucceeding tax years alloca leto theG until exhausted 

butin no event for more than five taxable years immediately ollowinq the year 

in which the Toss occurred No portion of a net opea0ng loss shall be rarrred 

back against net profits ofany poor year 

b The portion ofnetooem ing loss sustained shall be allocated ro the 

Cty in Elie samemanneras providedhereinforallocating netprofts ro theCdy 

c The Atlministrator shall provitle by rules and regulations the 

mannerin which 

such netoperating loss carry forward shall be determined 

IXEMPTIONB 

128 0901 SOURCES OFINCOME NOTTAXED 

Thetax providetl forherein shall not be levietlonthefollowing 

ja Pay or allowance of alive members of the armed forces of the 

UnRed States or Ne Income of religious frzromal charitable 

scienUFlq literary or edurational institubonsto the extent thatsuch 

Income isdelved fromtax exempCreal esMetax exempttangible b 

and prmofls tanGtlte tax Imposed by this chapter on such earnings 

c Such other pertinent smtements information retains or other 

information astheAtlminis rator may require 

128 1103 EXTENSION OFTIME FORFILING RETURNS 

The Adminstrator may enend Irme for fling of the annual 

ppthe return upon the request ofthetaxpayer fouestedo org2ntedcbydtheterm or one month beyond any extension req 

RevenueService forthefiling ofthefederal income tax return TheAdministmror 

may require a tentativereturn accompanied by a payment oftheamount of tax 

shown ro be due thereon by thedate the return isnormally tlue No penalty or 

bxpaitl withinNe pedod asethx endetlg to which thereturn isfled and thefinal 

128 1104 CONSOLIDATED RETURNS 

awoNence with rulesandnregulatlon pres ribedyby theAdmireatorrequiretl in 

128 1105 AMENDED RETURNS 

a where necessary an amended return must be filed in ortler io 

report addtlitional inome antl pay any additional tax due or claim a refund oftax 

overpaid subject to the re mrements limitatlons orboth contained in Sections 

128 1701 1281702 128 103 and1r18 19@ Such amended return shall be on 

a farm obtainable on request from theAdministrator A taxpayer may notchange 

themethod of accountlng or appor0onment of netprofit after the due tlate for 

filing theoriginal return 

b Wnigthin threemonths 

ofan federal tax 

fromthefoal 

determinationyn 

basedeuPOn 

flereinaended Ctyrtumshowing inmmeisubject rotheGNtax tax shown 

suchfnai determination offederal tax liabibty antl pay any additional 

due thereonor make claimforrefund ofany overpayment 

PAYMENT OFTAX 

128 1301 PAYMENT OFTAXON FILING OF RETURNS 

a The taxpayer making a reNrn shall at the time of fling thereof 

pay ro theAdministrator the amount of taxes shown as due thereon provided 

howeverthat 

1 Where any portion ofthe tax sodue has been deducted at 

orintangble propertyuin r 

b Poor relief unemployment msumnce benefts oltl age pensions or 

similar payments including tlisability benefits received from local 

stateorfederal governments orcharitable religious or etlucationa 

organizations 

c Proceeds ofinsuance pa dpby the a8of nhoe imsuthe natureno 

d Rewip s from seasonal u a 

sports events and health and welfare activities whenany such are 

conducted by bona flee charitable religious or educational 

organizations and associations 

e Alimony received 

f Personal earnings of any natu2l person under eighteen years of 

age 

g Compensation for personal injuries orfar damagesto property Y 

wayofinsurance oroNerwise 

h Interest tlrvidends antl other revenue from intangible property 

i Gains from involunta conversion cancellation of mdebtetlness 

7n aamcof income already taxed by 

and 

is pi 

k Salarieswages wmmisFions and 

REfURN9 

128 1301 WHEN RETURN REQUIREDTO BE MADE 

Each taxpayer shall whetheror no a tax be due thereon make antl flea 

return on or before Apri 15 ofthe year following theeffective date of this 

chapter and on or before April 15 of each yearthereafter When thereturn is 

madefora fscal year orother penotl different from thecalendaryearthereurn 

shall be filed on orbefore the15th day ofthefourth month the end of 

followintlg 

annualsreWmar Any person wh phasoexempthincome cost fileea reWmleantl 

declare to theAdministrator the nature of his exemvlion Any person who has 

taxable income mustfle a tax return withtheTaxAeministmtor 

128 1102 FORM ANDCONTENT OFRETURN 

The return shall be filed with the Administ2tor on a form or forms 

eonsandother 

famished by orobtainable upon request from such Adminicstratmr 

owes 

and 

manner 

payment 

a The aggregate amounts of salaries wages 

compensabon earned and gross income from business profession 

or other activity including lottery winnings gambling aged gaming 

such g9oseencomeoeamed dur ng tthe preceding year and subject ro 

such tax 

the source pursuant ro the provisions of Section 128 1302 

or 

2 where any portion ofthetax has been paid by thetaxpayer 

ppursuanttotheprovisions ofSection128 1303 op 

3 Where anincome tax has been paidon the same income to 

anothermunippality credit for the amount so deducted or 

paid or credR to the eMent providetl for in Section 

128 1902 shall be deducetl fro 

shall be dueand payable at 

dueand only thebalance if any 

thetime offiling thereturn 

ie amountoftaxto which theUy is 

may have such overpayymentapplied 

or at his election intlicarod on the 

shall be refundetl provided that no 

dollar100 shall be collected or 

nanimnnsed by this 

b Such returns shall tie on a forte or forms prersecgribed or acceptable 

to the Administrator and shall besubject ershallbeatable forat he paymento 

therefor by the Adminis mror The employ 

the tax required to be deducted antl withheld whether ornotsuchtaxes have m 

fact been withheld 

c The employer in collecting the tax shall be deemed ro hold the 

same untilpayment is made by such employyer to theGty as a trustee for the 

beneft of the City antl any such tau collectetl by such employer from his 

handsyofsuchaelmploye0rte same is paidto the City be deemed a crust fund in the

No shall be 

person required to withhold thetax on wages orother 

paid domestic ser AantrAempM1Oyediby pml extlYh evelyryn butboth 

employeeyayiu 2 All managers shall be personally liable ro the extent o t e 

lax interest and Penalty jointly and seveally for failure to 

file the employers return ar to pay the employers tax 

interest and penalty asrequired underthis 

eaptndudin a 

3 No change in structure by an employ 

fundamental change discharges IH managers from lia ility 

fo 

rnttofliea tax return otopayitaxes remit funds held 

tax 

DECLARATIONS OF INCOME NOT COLLECTED AT 

m onn every person shall file a dedaation 

such tax credit amounts to not more than one 

no declaation or payment of estimated tax is 

128 1304 FILING OFDECIAMTION 

fa The tletlaation required by Section 128 ed0od setfrthfinesection 

tiefaretthe April 15 of each year during tthe eRective p 

128 0502 orwithin fourmonths ofNe date Ne taxpayer becomes subjeQto tax 

forthefrsttime 

b Those taxpayers repotting on a fswT year basis shall fie a 

dedaationon or before thefReenN day ofthe fourth month following the end 

ofsuch Flscal yearor pedod 

128 1305 FORM OFDECLARATION a Thededaationrequired by Section128 1303 shall be fled upon a 

form furnished by or obtainable from He Administrator As provided in Section 

128 1303 hereof credd shall be takenfor theCity tax ro be withheld from any 

portion of such incomeand credit shall be taken fortaxN be paid or withheltl 

Sedc lon128e1902nother taxing municipality in accordance wiN theprovisions of 

a Fail negleR or refuse ro make any return or declaration required 

by this chapter or 

b Make any incomplete false orfraudulent return or 

c Intentionally orwill ulty fail neglect or refuse to pay the tax 

pFaenalties orinterest imposed b this 

chapptater or 

d 

remit suelh withholdrig to Ne AtlmnfiarorQom his or 

employgees 

e Refuseto permit theAdmin istator oecoYds auers ado federal 

employee m examine his books P P 

income tax returns relating to the income or net profitr of a 

taxpayer or 

f Fail to to appeaers orefetleaa nicome taxeturnsoreulatlngs the 

records pap 

income ornet profts of a taxpayer upon orderof subpoena ofthe 

Administraror or 

g Refuse to disclose to Ne Administrator any Information with 

res ctto ornet ofa 

profits 

Npeyyincome taxpayeoer or 

h 

subpoena oflNeAdmiresea or authodzedishehreby oor any order or 

i Give to an 

emp omberlantl residence address ofail roeprompHpy 

social security norxidence address and tlate 

thereof ar 

j Fail ro use ordinary diliggence in maintaining properrecoMS of 

employees residence atltlresses total wages paid and City tax 

withheld orto knowingly give the Administrator false mforma0on 

or merit of the 

k Attempt to do anything whatever to avoid Ne pay 

whole orany part ofNe tax penalties or interest imposed by this 

chapter 

99 

doilarse 80000 

aornimprisonaar notd more tbehannsamonths orabotheprn retl 

offense 

128 iS06 LIMITATION ON PROSECUTION 

All underNis settion must be commenced within five years 

prosecutions 

from thetime oftheoffense complained of excepptt in the coseoffailure tofile a 

return orin Ne case offling a false or faudulent return in which event the 

limitation of tlme within which prosecution must be commenced shall be ten 

years from thedare thereturn was tlue orthe date thefalse orfaudulent return 

was fled 

128 1507 FAILURETOPROCURE FORMS NOT EXCUSE 

The failure of em to 

anypq er or person ro receive or pprocure a return 

nfonna onreturn ordeclaatd ioi from faingnsuch form orifrom payigthetax y 

COLLECTION OFUNPAIDTAXES AND REFUNDSOFOVERPAYMENTS 

128 101 UNPAID TAXESRECOVERABLEAS OTHER DEBTS 

Ail taxes im osed by this chapter shall be collectible ro ether with any 

interest antl penalties Hereon b suit of omsseon ofasubstantial pprYOn of 

recoveable cept in therase of aud 

an additional assessment 

income subjeR to thins coxoroffailure N Flie a return 

b The original dedaradon or any subsequent amendment thereof 

tlateasprovitledFo rhereinased on or before any subsequent quarterly payment 

128 1306 PAYMENT TOACCOMPANY DECLARATION 

Such tleclarahon of esematetl tax to be paid to the Cry shall be 

accompanied by a payment of a leastone fourth ofthe estimated annual tax 

and at least a similar amount shall be paid pn or before Ne last tlay of the 

seventh and tenth months after He beginning of thetaxabl 

earfollown nNe 

before the last day of Ne Rot month of Ne succeeding Y 

the unpaid 

taxable year Howeveq rf an amended tledaation has been fled 

balance sho meritdateson shall be paid in equal installments on pr before the 

remaining pay 

128 1307 ANNUAL RETURN 

On or before the ffteenth day of thefourth month ofthe yearfollowing 

that for which such dedaation or amended tledaation was fletl an annual 

return shall be fled and any balance which may be due theCtysali be paitl 

Herewith in accordance withtheprovisions ofSection128 1301 

yJ 

INTEREST AND PENALTIES 

128 1501 INTEREST ON UNPAID TAX 

All taxes imposed and all moneys withheld or requiredo be withheld by 

eprovlistins ofahisl cthap llereand eainlnt99 upaid afterretF tley become tlueeshall 

bear interest at theateofeight pement8 per annum 

128 1502 PENALTIES ON UNPAIDTAX 

In adtlition toiirterestas prwitled inSection 128 1501penalties based on 

theunpaid taxorinstallments of estimated tax arehereby imposetl asfollows 

a whhe11H ten pertet 10per annumXbutdno less thanatwnnry 

fve dollars25 00 

b Far failure to remit taxeswithheld from employees ten percent 

10 per month but the accumulated penalty 

orfaction 

Nereo f 

npaid amount antl 

shall notbelasetha nvenrytfvse tlollars 2500 

328 1503 EXCEPTIONS 

A shall 

penalty not be assessed on an additonal tax assessment matle by 

theAdministrator when a return has 

tithe Atlm nisVatorend nhe absenceaof 

Hereon within the tlme prescribed by 

fraud neither penalty nor Interest shall brovitlin an amended reNrnlsl fled 

assessment resulting firom a federal audit p 9 

thefetleraldtax liabiity is paitl within three monthsafter a final tletermination of 

125 1504 ABATEMENT OFINTEREST AND PENALTY 

Either the 

Aoriboth forgood rouse shown Board of Review may abate 

penalty orinterest 

Anyperson whoshalIONS 

shall not be matle after three years from the time He return was due or filed 

whichever is lamp provided Natin those roses in which a Commissioner of 

Internal Revenue and thetaxpayer have executetl a waiver ofthefederal statute 

oflimitatlons theperiod within whrth an adtlitionai assessment may be made by 

Ne fedealtarxtliabll tyl be one year from thetime of the final determination of 

128 1702 REFUNDS OF TAXES ERRONEOUSLY PAID 

Taxeserroneously paid shall notbe refunded unless ntwas moedeorahe 

made within three years from the date which such pay 

reNrn was due orwihin Nree months after Ne foal determination of the 

federal tax liability whichever islatef 

128 103 AMOUNTS OFLESSTHAN ONE DOLLAR 

Amounts oflessNan one dollar100shall notbe collectedor refunded 

TAXPAYER RELIEFAND RECFPROLITY PROVISIONS 

128 1901 NONRESIDENTTAXPAYERS 

Secion 128 1901 was repealed byOrdinance 73J1 passed December 20 

191 

b Aclaim forcreditorrefund under this sectionshall be madeinsuch 

manner as the Administrator may by regulation provide In He event such 

takewpotl resident fails neglects or refuses to file an annual return or 

dedaationontheform prescribed 6y theAdministrator he shall not beenG led 

to such credit tic refund and shall be considered inviolation of Nis chapter for 

failure rofie a return 

128 1903 CLAIM FORCREDIT 

Section128 1903 was repealed by Ordinance73 71passed December 20 

1971 

DISBURSEMENT OFRECEIPTS OFTAX COLLECTION 

128 2101 DISBURSEMENT OFFUNDS COLLECTED 

The funds colieded under theprovisions ofthis chapter shall be disbursetl 

inthe followingq manner 

First such partNereof as shall be necessaryotlefay all expenses 

a 

of wllectinq the tax and of ad aitlistering and enforang the 

provisions ofHis chapter shall be p 

b The balance remaining after payment oftheexpenses referred roin

subsection a hereof shall be deposited in the General Fund for 

municipal purposes 

DUTIESAND AUTHORITYOFTHE ADMINISTRATOR 

128 2301 DUTY TORECENETAX IMPOSED 

It shall be the duty ofNe Administrator Co receive thebx imposed by Nis 

chapter inthe manner presrnbetl herein from thetaxpayers to keep an actuate 

record Hereof and to reportall moneysso received 

128 2302 DUTY TOENFORCE COLLECTION 

Itshall be theduty of He Atlministatorto enforce pa merit of all taxes 

owing ro Ne City ro keep actuate records for a minimum offive yearsshowing 

theamount due from each taxpayer reqquired N file a detlaatipn and make any 

reNrn orboth including fineswithheltl and to showthe datesand amountsof 

paymerrtr thereof 

128 2303 AUTHORITY TOMAKE ANDENFORCE REGULATIONS 

The Administaor w hereby chargetl wiN Ne enforcement of the 

provisions ofNis chapter and is hereby empowered subject to the approval of 

the BoarU of Review ro adopt antl promulgate and ro enforce cotes and 

regulations relating o any matter orNmq pertaining to Ne collection of taxes 

and Ne administration and enforcement of Ne provisions of His chapter 

including provisions forthere 

examination and corremon of returns 

128 2304 AUTHORLTYTOARRANGE INSTALLMENT PAYMENTS 

The Administrator is authorized to arrange for the payment of unpaid 

taxes interest and penaltles on a schedule of installment ppayments whenthe 

taxpayer has proved N the Administrator that due to certain hardship 

conditions he isunable ro pay thefull amount ofthetax due Such authorization 

shall notbe granted until pro erreturns arefiled byNetaxpayer forall amounts 

owed by him under His chapter 

Failure tomake any deferred payment enbedcauneshaallableon demand 

unpaitl amount indutling penalty and interest 

P 

and theprovisions ofSections129 1505 antl 128 1701shall appy 

128 2305 AUTHORITYTO DETERMINE AMOUNT OF TAX DUE 

a Pre action f Return b minisGatpr Ifthe taxpayer failsro fie 

a tax return w ich is reqquiretl y His chapter wiNln the time prescribed 

therefore but consents ro tlisdose all information necessary to the preparation 

Hereof then Ne Administrator may preppare such return which after beanq 

signed by such person may be rereivetl by Ne Adminis atoras Ne return of 

sucFtperson 

b ExecutionofReturn b Administaor Ifany taxpayer failsto fie a 

ax return which is required by is apter within the tlme prescribed therefore 

or makes willfully or otherwise a false or fiautlulent reNrn then Ne 

Administator shall make In a reasonable manner such return from his own 

knowledge antl from such information as he can obtain throughout testimony or 

otherwise 

c Assess em f a T x a er b Administrator The Administrator 

may calculate and assess any taxpayer for t e amount of tax penalty antl 

interest which is imposed by this drapter and which is due and owing Such 

last known address ofdNeytaxpayemioftherassssessment Thssummrary shall 

orboN Each disclosure shall mnsOtute a se ante offense In addition tothe 

above penalty any employee of the Gty who violates the provisions of this 

seNOn relatneto Ne disclosure ofonfdendal information shall be gmky of an 

offense punishable by immediate dismisuL 

b The Director of Fnance is hereby authorized to enter into 

agreements with Ne Unitetl States Commissioner of the Internal Revenue 

Service an Internal Revenue Service DistriR Director the State of Ohio Tax 

Commissioner and the heads of other slate antl local taxing authorities to 

provide for thedisclosure and exchange by theDirector ofFinance and eacfr of e 

the aforementioned officials of returns or return information under Ne 

urisdiction ofsuch official fortax collection purposes The Director ofFinance is 

rther authorizetl N pay Ne costs ofservices materials orinformatOn rereived 

pursuantto such agreements andtcharge such officialsfor services materials 

orinformation supplied 

128 2310 TAXPAYERREQUIREDTO RETAIN RECORDS 

Every taxpayer shall retain all recods necessary to compute 

liability for a period of five years from the date his realm is filed 

withholtling taxesare paid 

COLLECION FACILITIES REPEALED FORCENTRAL 

BOARD OFREVIEW 

128 2501 BOARD OFREVIEW ESTABLISHED 

his tax 

or the 

a ABoartl ofReview consisting of five members who are electors of 

theCty is hereby created Three members shall be appointed by theMayor 

and two members shall be appointed by Council The members shall serve 

overlapping terms of three years with Ne first two members appointed for one 

year oneof Nose members being appointed by Council andone by theMayor 

thesecontl two members appointed fortwo years oneofthose members being 

appointed by theCouncil antl one by Ne Mayor and thefifth member forthree 

yyears appointed by theMayor Each subsequent appointment shall be fora full 

Nreeyear term 

b The Bpard shall select each year for a one year terms oneof its 

membersN serve as Chairman and one 

tqqo serveasSecretary A ma ority of Ne 

procetlural cotes andrshaIkeeparemrd ofuts bansaThctieo sartl shallaopt its own 

c No member of the Board shall take part in any hearing or 

NeeBOard shall receive no compensadon and mayAbe removed for Cause by the 

Mayor 

d The provisions of Section 126 2309 wdh reference to Ne 

shaI applylro suhmattersas maybe hersdrbef NeBoadon appeail chapter 

128 2502 DUTY TO APPROVE REGULATIONS AND TO NEAR 

APPEALS 

All rules and regulatlons and amentlmenis or changes thereto which are 

indutleNe 

idendflcation ofNe taxpayer thechaacter of the liability assessed 

thetaxation period and the amount ofassessment 

d tutusof ExecutedReturns rid Assessments Any return executed 

by or any assessment made the Rdminis 

y 

amrpursuant to Nis chapter shall 

be prima facie 9ootl and suffiaentforall legal The Administator may 

purposes 

execute supplemenal tax returns and may issue supplemental assessments 

whenever the Administrator has knowledge derived from any sourm indutling 

He taxpayer s fnancial data Nat any executetl tax return or assessment is 

imperfect or incomplete In any material respect 

e L tali of P secutions Neither Ne Tax AdministaroYs 

execution ofa return norHe Tax Administator s assessmentofa taxpayer shall 

start the mooingof theperiod of limitations on prosecutions set forth elsewhere 

in Nischapter 

128 2306 AUTHORITYTOMAKE INYESRGATIONS 

The Administrator or arty authorzed employee is hereby authorized ro 

examine Ne books papers records and fetleal 

norwhom NeAdminstator 

employer orof any taxpayer or person ro 

believes issub girt subjhect ro the provisions of Nis c apter forthepuryose of verifying 

Neacararyo any return madepr if no return was made to ascertain Ne bx 

due antler Nis chapter Every such employer supposed employer taxpayer or 

supposed taxpayer is hereby directed and regmretl to famish upon written 

request by Ne Admmistratoq or his duly authorized agent or employee the 

means futilities antl opportunity for making such examinations and 

invesfigatlons asare hereby auNOrizetl 

128 2307 AUTHORITYTD COMPEL PRODUCRONS OF RECORDS 

The Administrator is hereby authorized to order any person presumed ro 

have knowledge of Ne facts ro appear before him and may examine such 

person under oath concerning any income which was or shoultl have been 

reWrnetl for taxation or any transaction tending ro affeRsuch income antl far 

this purpose may compel the pproduction of books papers records and fedeal 

income tax returns and Ne attentlance of all persons before him whether as 

parties orwitnesses whenever he believes such persons haveknowledge ofsuch 

incomeor information pertinent Nsuch inquiry 

128 2308 REFUSAL TO PRODUCE RECORDS 

The refusal ro protluce books papers remrtls antl fedeal inrome tax 

returns orthe refusal ro submit ro such examination by any employeror persons 

subject or presumed ro be subject ro Ne tax or by any officer agent or 

employee ofa ppeerson subject toe tax or required towithhold taxorNe failure 

of any person N wiN Ne rovisions 

comply 

chapter orwithan oMer or 

ofWthis a deemed a violation of 

thb ahapterf punishable asprovidetl n Section128 1505 

128 2309 CONFIDENTIAL NATURE OF INFORMATSON 

OBTAINED 

a Any information gainetl as the result ofany return invesOgadpns 

hearingsor verilotions requiretl or auNOrized by this chapter including reNms 

or return informatlon recercetl from Fedeal slate or local taxing authorities 

pursuant ro part b pf Nis section shall 6e confidential except for offdal 

purposes or except in accoNance wiN pproper Judidal order Any person 

Nanlnine thousand doas1000 aor impdhsoned rofnsnotmare Nansx months 

adoptetl by the Administaror underthe authority conferred by Nis chapter must 

be approved by the Board of Review before the same became effective The 

Board shall hear and pass on appeals from any mling or decision of the 

Administrator and at the request of Ne taxppayer or Administrator is 

empowered ro substitute alternatemethods ofallooGOn 

128 2503 RIGHT OFAPPEAL 

a The Administrator shall notlfy any taxpayer who is 

ag9tyrieved wiN 

aWny ISchapteroPNe ght toapmppealttahedeuesonorrul mg and Ne man erm 

which Ne taxpayer mayappeal Ne mhngor decision 

b Any appeal pursuant ro Nis chappter must be made inwriting sbte 

the reason s why the neasipn should be tleemed incorect or improper and 

shall be filed within 30 days after Ne Administrator issues themling or tleosion 

complained of 

c The BoaN of Review shall schedule a hearing within 45 days after 

receiving theappeal unless He taxpayer waives a herein IfNe Nxppayer does 

notwaive He hearing the taxpayer mayappe be foreblic aaoun nt or oMer 

may be represented by an attorney at law P 

representative 

d The BoaN of Review ma affirm reverse or modify Ne decision of 

decision 

on Neappeal 

oneNeappeanorlater than 90 ays after theofnal heann 9 

OTHERPROVISIONS 

128 2701 DECLARATION OFLEGISLATNE INTENT 

Ifany sentence clausesectionorpart ofthis chapter or anYY tine agaainst 

any intlividual or any of the reveal groups specifed herein is fountl ro be 

unconstitutional illegal orinvalid such unconstitutionality illegality or invalidity 

shall affectonly such clausesentence section or part of Nis chapter and shall 

notaffect orimpair shyy oftheremaining provisions sentences tlauses sections 

orother parts ofthisNapier Itis hereby declared to be theintention 

oillCOal or 

rivaldsentence clausehsectionorpart htereof notbeenninduGedherein 

128 2702 COLLECTION OF TAX AFTER TERMINATION OF 

CHAPTER 

a This chapter shall orrcinue effective insofar as Ne levy oftaxes is 

concerned until repealed and insofar as Ne collection oftaxeslevied hereunder 

and actions and for 

proceedings collecting any tax so levied or enforcing any 

provisions of this chapter are mnrernedit shall continue effective uridl all of 

such taxes levied inthe aforesaid period arefully paidand any and all suits and 

prosecutions for Ne colledlon ofsuch taxes orfor thepunishment ofviolatlons 

of Nis chapter shall have been fully ertnmated su jeQ ro the limitations 

contained in Sections128 1505 to 128 1507 antl 128 1701ro 1281703 

b Annual returns due far all or any part ofNe last effective year of 

in Sections 128 1101 antl 

1281302esrthough Neezme wereecontieungvided

as 

CONSTRUCTION 

INDEPENDENT 

cuM1 nntrad5 fOr anY 

up 

the 

b Notwithstanding the foregoremises Oebe rexemptfome5ilability 

premises and who also oaupy those p 

antler this sectlonifNe total cost oftheproject attheresidence isfifty thousand 

dollars80 000 or less and the owner or owners have obtained written 

is registered withthe 

Cry ofLakewood pdor NNe mmmenl emen offwoikjec 

c The City will not Issue any type of builtling occupancy or 

constru on permit M any indivltlual or entlty unless frst presented with 

wthhelGunder thisChapterahave beenpaidtotheICdyxes required to be paid or 

d The City willnot release draws far work performed on any 

mnstrumon project undertaken by the City toany individual orentity working on 

such proteR until presented with tlommeniatlon ham theTaxAdministrator Nat 

folrwaNedm theCtybe paitl or withheltl under this Chapter have been paid and 

shall be and is hereby amended N read as follows 

ENACTMENT 

128 0101 PURPOSE OFLEVYOFINCOME TAX 

Toprovide funds forthe of 

purposes geneal municipal functionsof the 

City there shall be and is hereby levied a tax on all INCOME salaries 

QUALIFYING wages commissionsand other compensations and on netprofits 

as hereinafter provided 

DEFINIRONS 

128 0301DEFINITIONS GENERALLY 

COrpomtion means a corporation orjoint stock association er9anized 

under the laws of the United States the State of Ohio or any oUer state 

teritory or foreign country or tlepentlency but does notinclude Subchapter S 

Corporations 

128 03061DOMICILE 

DOMICILE MEANS THE PERMANENT LEGAL RESIDENCE OFA 

TAXPAYER ATAXPAYER MAY HAVE MORE TNAN ONERESIDENCE BUT 

NOTMORE THAN ONEDOMICILE 

128 0307 EMPLOYEE 

Employee means one who works far INCOME wages salary 

commission orother type of compensation in theserviceof AND UNDER THE 

CONTROLOFan employer 

128 0308 EMPLOYER 

Employer means an individual partnership association mrporatioq 

government body unit oragency or any otherentity whether orno organized 

for profit who orNatemploys oneor more persons on aN INCOME salary 

wagecommission orother basis ofcompensation 

128 0309 FISCALYEAR 

Fiscal year means an accounting period oftwelve months or less entling 

onany day otherNan December 31 

128 03091 FUNDAMENTAL CHANGE 

Fundamental change means any wbstardal alteration by anemployer 

indutling liquidations dissolution bankruptcy reorganizatiore such as merger 

consolidation acquisition hansfer or change in identity form ororganization 

128 03092GENERICFORM 

GENERIC FORM MEANS AN ELECTRONIC OR PAPER FORM 

DESIGNED FOR REPORTING ESRMATED MUNICIPAL INCOME TAXES 

AND OR ANNUAL MUNICIPAL TNCOMETAX LIABILITY AND OR 

SEPARATE REQUESTS FOR REFUNDS THAT CONTAIN ALL THE 

INFORMATION REQUIRED ON LAKEWOOD S REGULAR TAX RETURN 

AND ESTIMATED PAYMENT FORMS AND ARE IN A SIMILAR FORMAT 

THAT WILL ALLOW PROCESSING OF THE GENERIC FORMS WITHOUT 

ALTERING LAKEWOOD S PROCEDURES FORPROCESSING FORMS 

128 0310 GROSS RECEIPTS 

Far the purposes ofthis chapter Ne terms phrases words and their dedvatives 

shall have the meanings given in he next suaeetling sections The singular shalt 

include theplural andthemasculine shall include thefeminine andthe neuter 

129 03011AWUSTED FEDERAL TAXABLEINCOME 

AWUSTED FEDERAL TAXABLE INCOME MEANS A C 

CORPORARON S FEDERAL TAXABLE INCOME BEFORE NET OPERATING 

LOSSES AND SPECIAL DEDUCRONS AS DETERMINED UNDER THE 

INTERNAL REVENUE CODE BUT INCLUDING SUBSEQUENT 

ADJUSTMENTS FROM REQUIRED ADDIRONS AND DEDUCRONS 

PA55 THROUGH ENTITIES MUST COMPUTE ADJUSTED FEDERAL 

TAXABLE INCOME AS IF THE PASS THROUGH ENTITY WAS A C 

CORPORATION THIS DEFINITION DOES NOT APPLY TO ANY 

TAXPAYER REQUIRED TOFILEA RETURN UNDER OHIO REVISED CODE 

ORC SECTION 5745 03 OR TO THE NET PROFIT FROM A SOLE 

PROPRIETORSHIP THIS DEFINIRON IS EFFECTLVE FOR TAX YEARS 

BEGINNING ON DRAFTERJANUARY12004 

128 0302ADMINISTRATOR 

Administrator means theind rvidualdesignated to administer and enforce 

the provisions oftheGty incometax 

328 0303ASSOCIATION 

Association means any partnership limRetl partnership limited liability 

mmparry Subchapter S Corporation or any other farm of unincorporated 

enterprise owned by oneormore persons 

128 0304 BOARDOF REWEW 

Board of Review means the Board createtl by and mns ituted as 

provided in Section 128 2501 

128 0305 BUSINESS 

Business means any enterpdseac IVity professionor untlertaking of 

any nature mnductetl forprofit or ordinarily conducted forproft whether by an 

individual partnership association wrpomtion or any other entry excluding 

however THE PORRON OF all nonproft corporations which are IS exempt 

fromNe 

paymesRef Federal Income Tax 

128 03051CITY 

CTTYMEANS THE CITY OFLAKEWOOD OHIO 

128 0306 CORPORATION 

Gross receipts means Ne total 

REVENUE DERIVED FROM SALES WORK DONE OR SERVICE 

RENDERED 

128 03101INCOME 

INCOME MEANS ALL MONIES AND COMPENSATION IN ANY 

FORM SUBJECT TO LIMITATIONS IMPOSED BY ORC 18 DERIVED 

FROM ANYSOURCE WHATSOEVER INCLUDING BUT NOT LIMITEDTO 

A ALL INCOME QUALIFYING WAGES COMMISSIONS 

OTHER COMPENSARON AND OTHER INCOME FROM WHATEVER 

SOURCE RECEIVED BY RESIDENTS OF LAKEWOOD 

B ALL SALARIES WAGES COMMISSIONS OTHER 

COMPENSARON AND OTHER INCOME FROM WHATSOEVER SOURCE 

RECENED BY NONRESIDENTS FOR WORK DONE OR SERWCES 

PERFORMED OR RENDERED OR ACRVITIES CONDUCTED IN 

LAKEWOOD 

C THE PORTION ATTRIBUTABLE TO THE CITY OF THE 

NET PROFIIS OF ALL BUSINESSES ASSOCIARONS PROFESSIONS 

CORPORARONS OR OTHER ENTITIES FROM SALES MADE WORK 

DONE SERVICES PERFORMED OR RENDERED AND BUSINESS OR 

OTHERACTNIRES CONDUCTED IN LAKEWOOD 

128 033012MANAGER 

Manager means any of the employefs officers responsible persons 

employees having control or supervision and employees charged wiN the 

responsibility ofFlling Ne return paying taxesand otherwise complying wiN the 

provisions of thischapter 

128 0311 NET PROFITS 

Net profts means FORTAXABLE YEARS PRIOR TO 2004 a net 

gain from Ne operation of a business profession enterprise or other activity 

after prov ion for all ordinaryandne geswry expenses either paitl or accrued in 

accordance with theaaounUngIE CASH OR ACCRUALsystem used by the 

taxpayer farfederal income tax purposes without deduction mf taxesimposed by 

Nis chapter fedeal state and other taxes based on income and inNe raseof 

an assocation without deduction of salades paid Npartners and other owners 

FORTA7 ABLE YEARS 2004 AND LATER BEE ADJUSTED FEDERAL 

TAXABLE INCOME 

q 

128 0312 NONRESIDENT 

Nonresident means an individual domiciled outside Ne Ciry of 

Y Lakewood

128 0313 NONRESIDENT UNINCORPORATED BUSINESS ENTITY 

Nonresident unincorpomted business entity means an unincorporated 

business entity not having an office or Rlace of business within the City of 

Lakewood 

128 03131PASS THROUGH ENTITY 

PA55 THROUGH ENTITY MEANS A PARTNERSHIP S 

CORPORATION LIMITED LIABILITY COMPANY OR ANY OTHER LASS 

OF ENTITY THE INCOME OR PROFITS FROM WHICHARE GNEN PASS 

THROUGH TREATMENT UNDER THE INTERNAL REVENUE CODE 

UNLESS OTHERWISE SPECIFIED FOR PURPOSES OF THIS ORDINANCE 

THE TAX TREATMENT FOR PASS 

THROUGHS IS THE SAME AS 

ASSOCIATION 

128 0314 PERSON 

Person means every naW21 person partnership fdudary association 

orwrporatlon Whenever used inany clauseprescribing and imposing a penalty 

the term person as applied to any unincorporated entity shall mean the 

partners or members thereofand as apPlietlocorporations theoffcers thereof 

128 0315 PLACE OFBUSINESS 

Place of business means any bona fide offire other than a mere 

statutoryoffce factory warehouse or other space which is ocoupied and used 

by the taxpayer incarrying on any business activity individually orthrough one 

ormore ofhis regularemployees regularlyinattendance 

128 03351QUALIFYING WAGE 

QUALIFYING WAGE MEANS WAGES AS DEFINED IN SECTION 

WITHOUT REGARD TO 

3121 A OF THE INTERNAL REVENUE CODE 

ANY WAGE LIMITATIONS BUT INCLUDING SUBSEQUENT 

ADJUSTMENTS FROM REQUIRED ADDITIONS AND DEDUCTIONS 

QUALIFYING WAGE REPRESENTS EMPLOYEES INCOME FROM 

WHICH MUNICIPAL TAX SHALL BE DEDUCTEDBY THE EMPLOYER AND 

ANY WAGES NOTCONSIDERED A PART OFQUALIFYINGWAGE SHALL 

NOT BE TAXED BY A MUNICIPALITY THIS DEFINITION IS EFFECRVE 

JANUARY1 2004 FOR TAXABLE YEARS2004 AND LATER 

128 0316 RESIDENT 

Resident means an intlividual domiciled in the Gry of Lakewood but 

shall not include those individuals attending an accredited college oruniversity 

on afull time basis who reside within thetysixteen weeks or less during the 

taxable year 

128 0317RESIDENT UNINCORPORATED BUSINESS ENTITY 

CODE SHALL BE ALLOWED AGAINST GAMBLING AND 

SPORTS MNNINGS 

2 IF THE TAXPAYER IS NOT CONSIDERED A 

PROFESSIONAL GAMBLER FOR FEDERAL INCOME TAX 

PURPOSES A DEDUCTION EQUAL TO THE AMOUNT OF UP 

TO 600 OF INCOME COMBINED FROM LOTTERY 

GAMBLING AND SPORTS WINNINGS AND GAMES OF 

CHANCE OR A DEDUCTION OF600 WHICHEVERISLESS 

SHALL BE ALLOWED PROWDED THAT IN NO CASE SHALL 

THE DEDUCTIONEXCEED THE AMOUNT OF COMBINED 

INCOME FROM LOTTERY GAMBLING AND SPORTS 

WINNINGS AND GAMES OF CHANCE IF SAID INCOME IS 

PAYABLE TOs THE TAXPAYER IN MORE THAN ONEYEAR 

THE DEDUCTION APPLIES ONLY IN THE FIRST YEAR IN 

WHICHTHE INCOME IS RECENED 

b On all INCOME salaries QUALIFYING wages commissions and 

other compensation earned AND OR RECENED on and after 

January 1 1981 by nonresidents of the Gty for work done or 

services performetl ar rendered within the Gty SEPARATION 

PAY TERMINATION PAY REDUCTION IN FORCE PAY AND 

OTHER COMPENSATION PAID AS A RESULT OF AN 

EMPLOYEE LEAW NG THE SERVICE OFAN EMPLOYERSMALL 

BE ALLOCABLE ONLY TOTHE CITY 

1 LAKEWOOD SHALL TAX THE 

NOT HOWEVER 

COMPENSATION OFANON RESIDENT INDNIDUAL WHO 

WILL BE DEEMED TO BE AN OCCASIONAL ENTRANT IF ALL 

OFTHE FOLLOMNG APPLY 

A THE COMPENSATION IS PAID FOR PERSONAL 

SERWCES PERFORMED BY THE INDMDUAL IN 

THE CITY ON TWELVE OR FEWER DAYS 

DURING THE CALENDAR YEAR IN WHICH 

CASE THE INDMDUALSHALL BE CONSIDERED 

ANOCCCASIONAL ENTRANT FOR PURPOSESOF 

THE CITY INCOME TAX A DAY IS A FULL DAY 

B 

ORANY FRACTIONAL PART OF A DAY 

IN THE CASE OFAN INDMDUAL WHO IS AN 

EMPLOYEE TXE PRINCIPAL PLACE OF 

BUSINESS OFTHE INDIWDUAL S EMPLOYER IS 

LOCATED OUTSIDE THE CITY AND THE 

INDMDUAL PAYS TAX ON COMPENSATION 

DESCRIBED IN SECTION191 03 A2TO THE 

MUNICIPALITY IF ANY IN WHICH THE 

EMPLOYER S PRINCIPAL PLACE OF BUSINESS 

Resident uninmrpomred business entity means an unincorporated 

business entity having an officeorplainof business withintheClty of Lakewood 

128 03171SCORPORATION 

5Corporation orSubchapter 5Corporation means any association that 

has made an election under Subchapter 5 of Chapter 1 of Subtitle A of he 

Internal Revenue Codeforitr taxable year 

128 0318 TAXABLE INCOME 

Taxable income means 

INCOME MINUS THE 

DEDUCTIONS AND CREDITS ALLOWED BY THIS CHAPTER SEE 

INCOME DEFINITION 

128 0319 TAXABLE YEAR 

Taxable year means thecalendar yearorthe fscal year upon the basis 

of whichthenet profitr are to be computed antlerthis chapter and intheose of a hactional part of a year the period forwhich such return isrequired to be 

made 

128 0320TAXPAYER 

Taxpayer means a person whether an individual partnership 

association orany corporation orotherentity required hereuntlerto filea return 

AND orpay a tax 

128 05IMPOSITLONOFINCOME TAX 

128 0501 RATEAND INCOME TAXABLE 

An annual tax for the purposes specifed in Section 128 0101 shall be 

imposed on antl after January 1 1981 atthe rate ofone antl one halfpercent 

1IROPer annum upon thefollowings 

a On all INCOME salaries QUALIFYING wages commissions antl 

other compensation earned AND OR RECENED on and after 

January 1 1981 byresidents ofthe City FORCLARIFICATION 

INCOME INCLUDES BUT ISNOT LIMITEDT0 LOTTERY 

GAMBLING AND SPORTS WINNINGS AND GAMES OF 

CHANCE 

1 IF THE TAXPAYER ISCONSIDERED APROFESSIONAL 

GAMBLER FORFEDERAL INCOME TAX PURPOSES RELATED 

DEDUCTIONS AS PERMITTED BY THE INTERNAL REVENUE 

C 

IS LOCATED AND NO PORTION OF THAT TAX 

ISREFUNDED TOTHE INDIVIDUAL 

THE INDMDUAL IS NOT A PROFESSIONAL 

ENTERTAINER OR PROFESSIONAL ATHLETE 

THE PROMOTER OF A PROFESSIONAL 

ENTERTAINMENT OR SPORTS EVENT OR AN 

EMPLOYEEOFSUCH APROMOTER ALLAS MAY 

BE REASONABLYDEFINED BYTHE CITY 

2 BEGINNING WITH THE THIRTEENTH DAY AN 

INDIWDUAL DEEMED TO HAVE BEEN AN 

OCCASIONAL ENTRANT TO THE CITY PERFORMS 

SERVICES WITHIN THE CITY THE EMPLOYER OF 

SAID INDMDUAL SHALL BEGIN WITHHOLDING THE 

CIN INCOME TAX FROM REMUNERATION PAID BY 

THE EMPLOYER TO THE INDMDUAL AND SHALL 

REMIT THE WITHHELD INCOME TAXTOTXE CITY IN 

ACCORDANCE WITH THE REQUIREMENTS OF THIS 

ORDINANCE SINCE THE INDMDUAL CAN NO 

LONGER BE CONSIDERED TO HAVE BEEN AN 

OCCASIONAL ENTRANT THE EMPLOYER 15 FURTHER 

REQUIRED TO REMIr TAXES ON INCOME EARNED IN 

THE CITY BY THE INDMDUAL FOR THE FIRST 

TWELVE DAYS 

3 IFTHE INDIWDUAL ISSELF EMPLOYED IT SHALL BE 

THE RESPONSIBILITY OF THE INDMDUAL TO 

c 

REMRTHE APPROPRIATE INCOME TAXTOTHE CITY 

1 On the portion attributable to the Gty on the net profits 

earned on and after January 1 1981 of all resident 

uninrorpoatetl business entities or professions or other 

activities derived from sales made work done services 

performed or renderetl and business or other activities 

2 

conducted intheGry 

On the portion of the distributive share of the net profits 

eamedAND OR RECENED on and after January 1 1981 

of a resident partner orowner of a resident unincorpoated 

business entity not attributable to the City and not levied 

against such unincorpomted business entity by the Gty 

THE TAX IMPOSED ON THE INDIWDUAL MEMBERS 

OR OWNERS OF A RESIDENT UNINCORPORATED 

BUSINESS ENTITY SHALL BE COLLECTED BY THE 

RESIDENT UNINCORPORATED BUSINESS ENTITY 

AND REMITTED ON BEHALF OF THE INDNIDUAL 

MEMBERS OR OWNERS

d 1 On the portion attributable to the City of the net profts 

earned on or after January 1 1981 of all nonresitlent 

unincorporated business entities professions or oNer 

activities derivetl from sales made work done services 

performed or rendered and business and other activities 

conducted in Ne City whetherornot such uninwrpoated 

business entity has an officeorplace ofbusiness inthe City 

2 On the portion of the distributive share of Ne net profits 

earnetlAND OR RECENED onorafter January 1 1981 of 

a resident partner orownerofa nonresident unincorpoated 

business entity not attributable to the CM and not levied 

agairrst such unincorpoated business entry by theCity 

e 

ISTRIBUTIVE RSHARE YOF INCOME PAIDTO AN HS 

CORPORATION SHAREHOLDER SHALL BE TAXABLE IN THE 

FOLLOWING MANNER 

ALLOCATED OR CORPORATIIONARE APPORTIONEDTO THE 

STATE OF OHIO THE DISTRIBUTIVE SHARE IS TAXABLE 

ONLY TO THE EXTENT THAT 1T REPRESENTS WAGES OR 

NET EARNINGS FROMSELF 

EMPLOYMENT 

2 TF ANY PORTION OF THE NET PROFITS OF THE S 

CORPORATION ARE ALLOCATED OR APPORTIONED TOTHE 

STATE OFOHIOTHE FULL AMOUNTOFTHE DISTRIBUTIVE 

SHARE ISTAXABLE 

ef On the portion attributable totheCity of the net profds earned on 

and after anuary 1 1981 of all mrpoations derived from sales 

made work tlone services pertormed or rendered and business or 

other activities contlucteG in the City wheher or not such 

corpoations have an officeor placeofbusinessinthe Cry 

fg On the portion attributable to this municipality pursuant to the 

terms of this chapteYand including 

EI rRoyalty income which means income earned from a 

royalty Interest in the produNOn of an oil or gas well 

services performetl in the City ro wages salaries and other 

compensation paid during thesame period to persons employed in 

thebusiness or professionwherever Neir services are performed 

FOR TAX YEAR 2004 AND SUBSEQUENT TAX YEARS 

WAGE SALARIES ANDOTHER COMPENSATIONSHALL BE 

INCLUDED TO THE EXTENT THAT THEY REPRESENT 

QUALIFYING WAGES 

c Gross receipts of the business or profession from ales made and 

services performed during thetaxable pedotl in Ne Cty to gross 

receipts ofthe business orprofession during the same pedotl from 

sales andservices wherever madeorperfonnetl In the event Natthe foregoing allocation formula does not produce an 

equitable result 

under uniosm regNationOSi be substituted se alto prducOROh 

METHOD may 

result 

328 02SALES MADE IN THE CITY 

As used insubsection 128 0701 c sales made IntheCity means 

a All salesof tangible personal property which is deliveredwithinthe 

Gty regadless ofwhere tltlepasses if shipped ordelivered from a 

stockof goodswithin the City 

b All sales oftangible personal property which is delivered within Ne 

Cty regardless ofwhere tltlepasses even Hough transported from 

a point outritle Ne City ifNetaxpayer is regularlyengaged Nrough 

its own employees in the solicitation or promotion of sales within 

theGty and thesales result from such 

sol unh trosryromoUfrom a 

c All ales of tangible personal property pped 

placewithinNeCryto purchasers outside of Ne Ciry regardless of 

where title if the 

passes bxpayer is not through its own 

employees regularly engaged in the solicitaton or promotion of 

sales at Ne place where delivery is made 

128 0703TOTALALLOCATION 

Add together thepercentages determined inaccordance wiN subsections 

ab andc ofSection 128 0701 or such ofNe aforesaid percentages as are 

applicable to Ne particular taxpayer and divide Ne otal so obtained by the 

numberof percentages used intledving such total inorderro obtain Ne business 

allocation percentage referred to in Section128 0701A factoris applicable even 

Hougha may beallocable entirelyin or outsideNe City 

128 0704 RENTALS 

a Rental income receivedby a taxpayer shall be included in Ne 

computation of net from business activities under 

profits 

128 0502 EFFELTNE PERIOD 

Such tax shall be levied collected and paid with respect to theINCOME 

salaries wages commissions and other compensation and with respect rothe 

net profits of businesses professions or other activities earned on and after 

January 1 1981 

128 07DETERMINATION OFALLOCATION OFTAX 

128 0701 METHODOF DETERMINATION 

ar 

NET PROFIT FROM A 

BUSINESS OR PROFESSION CONDUCTED BOTH WITHINANDWITHOUT 

THE BOUNDARIES OFTHE CITY SHALL BE CONSIDERED AS HAVING A 

TAXABLE SITUS IN THE CITY FOR PURPOSES OF MUNICIPAL INCOME 

TAXARON IN THE SAME PROPORTION AS THE AVERAGE RATIO OF 

a The averagemot aORIGINAL COST ofthe real and 

tangible personal property owned or used by the taxpayer in the 

business or profession inthe Ciry during thetaxable pedotl tothe 

ORIGINAL COST of all the real antl 

avenge 

tangible personal properly owned or usetl by the taxpayer in the 

business or profession during the same period wherever situated 

Asusetl in 

THIS SECTION real property 

includes property rented or leased by thetaxpayer antl Ne valueof 

such property shall be tletertnined by mulOplying the annual rental 

Hereon by eight 

b Wages salaries and other compensation paid during the taxable 

period ro persons employed in the business or profession roc 

b 

subsectionsc tl and e of BeQion 128 0501 only if and rothe 

extentthattherental ownership managementor operationsof the 

real estate from whichsuch rentals aretledved whether so rented 

managed eropeated by a taxpayer individually orthrough agentr 

esentatives constiurtes a business aRiviry of the 

or other 

repr 

oI 

N 

IS 

TAXAOLE SIM 

LY AS 

BUSINESS ACTMTYTE 

INCOME 

OTHER INCOME 

Where Ne gross monthly rental of any and all real properties 

regadless of number antl value aggregates in excess of two 

hundretl ffty dollars250 00 per month it shall be prima facie 

evidence that the rental ownership management or operation of 

i a business activMof such taxpayer and thenet 

such properties 

s 

Income ofsuch rental property shall be subject to tax in Ne case 

ofcommercial property the ownershall be consideretl engaged in 

d on 

a business acdvity when the rental is 

bae tr or rofts of 

FlucWatlng percentage of gross ornet sales p p 

hether orno such rental lessee 

exceeds two hundred ffty 

w the 

dollars260 00 per monN in the case of farm property the 

ownershall be considered engaged in a business aNviry whenhe 

shares incrops orwhentherental is based on a percentage ofthe 

or netrereiptr derived from Ne farm whether or not Ne 

gross 

gross income exceeds two hundred ffty tlollars 250 00 per 

month Ne person who operates a licensed rooming house shall be 

considered in business whetherornotNe grass income exceeds 

two hundred fifty dollars250 00 per monN 

1280705 OPERATING LO55 CARRY FORWARD 

a The portion of a netopemdng loss sustained in any taxable year 

196 allocable to the Ciry may be applletl 

t ro subsequen 

Jury 1 

against theportion oftheprofit ofsucceedingtax years allocable ro 

theCty until exhausted butin no event for more Nan Ove taxable 

years immediateh fallowing Ne year in which theloss occurred No 

portion of a net operating loss shall be carried back against net 

profits 

b 

ofany prior year 

The portion ofnetopeadng loss sustained shall be allocated roNe 

Cty in thesame manner as provided herein far allocating net 

profitsto 

c 

me Gry 

The Atlministrator shall provide by rules and regulations the 

manner in which such netopeating loss carry fonvaN shall be 

determined 

EXEMPRONS

128 0901 SOURCESOF INCOME NOTTAXED 

Thetax provitled forherein shall notbe levied on thefollowing 

a Pay or allowance of active members of the armed forces of the 

United States AND OF MEMBERS OF THEIR RESERVE 

COMPONENTS INCLUDING THE NATIONAL GUARDer 

b SCIENTIFOICELTTERARY ORUEDUCATIONALLZNHSTITUTIONS 

TO THE EXTENT THAT SUCH INCOME IS DERNED FROM 

TAX IXEMPT REAL ESTATE TAX EMPT TANGIBLE OR 

INTANGIBLE PROPERTY ORTAX IXEMPT ACTMTIES 

bc Poor relief unemployment insumnce beneFltr old age pensions or 

similar payments including disability benefits received from local 

state orfederal governments or charitable religious oreducational 

organzations 

ed Proceeds of insurance paitl by the death of the insuretl 

PAYMENTS FROM pensions disability benefts annuities or 

gratuities not in the nature of compensation for services rentlered 

from whatever source dedvetl 

de Receipts eY BONA FIDE CHARITABLE RELIGIOUS AND 

EDUCATIONAL ORGANIZATIONS AND ASSOCIATIONS 

WHEN THOSE RECEIPTS ARE from seasonal or casual 

entertainment amusemerrts sportr events antl health and welfare 

activities when any such are conducted by bona ftle charitable 

religious oreduca0onal organizations and associations 

ef Alimony eceivetl 

g Personal earnings of any natural person under eighteen years of 

age 

gh Compensaton forpersonal injuries orfor damages m property by 

wap ofinsurance or otherwise THIS EXCLUSION DOES NOT 

APPLY TO COMPENSATION PAID FOR LOST SALARIES OR 

WAGES OR TO COMPENSATION FROM PUNITIVE 

DAMAGES 

i COMPENSATION PAID TO A PRECINCT ELECFION 

OFFICIA4 TO THE EXTENT THAT SUCH COMPENSATION 

DOES NOT IXCEED1000 ANNUALLY 

1 PARSONAGE ALLOWANCETO THE EXTENT OFTHE RENTAL 

ALLOWANCE OR RENTALVALUE OFA HOUSE PROWDED AS 

A PART OFANORDAINED CLERGY S COMPENSATION THE 

CLERGY MUST BE DULY ORDAINED COMMISSIONED OR 

LICENSED BY A RELIOIOUS BODY CONSTITUTING A 

REIpGI0U5 DENOMINATIONAND MUST HAVE AUTHORITY 

TO PERFORM ALLSACRAMENTSOFTHE RELIGIOUS BODY 

hk Interest tlividends and other revenue from intangible property 

ACCEPTABLE GENERIC FORM AS DEFINED IN THIS CHAPTER selling 

forthr commissions 

a The aggregate amountr ofINCOME salarieswages 

and other mmpenution earned AND OR RECENED and gross 

iREeme RECEIPTS from business profession orother activity less 

allowable expenses incurted in theacquisition ofsuch income 

grass 

earned during the preceding year antl subject to such tax 

b The amount ofthelax imposed by this chapter on such earnings 

and profts and 

c SuN other pertinent statements information returns or other 

information as theAdministrator may require INCLUDING BUT 

NOT LIMITED TO COPIES OF ALL W2FORMS 1099 

MISCELLANEOUS INCOME FORMS PAGE ONE OF FORM 

1040 PAGE ONE AND TWO OF FORM 1120 11205 

INCLUDINGKL 2106 lOfiS SCHEDULE C INCLUDING 

COST OF GOODS MANUFACTURED AND OR SOLD 

SCHEDULE E SCHEDULE F AND ANY OTHER FEDERAL 

SCHEDULESIFAPPQCABLE 128 1103 EXTENSION OFTIMEFOR FILING RETURNS 

FOR TAX YEARS PRIORTO 2004 Tthe Atlminisbator may extend the 

time farfiling of theannual return upon therequest ofthetaxpayer for a period 

ofnottoexceed srx monUa or one month beyond any extension requested ofor 

gaoled by theInternal Revenue Service farthefiling ofthe federal income tax 

return FOR TAXABLE YEARS 2004 AND LATER THE EXTENDED DUE 

DATE FOR INDMDUALS SHALL BE THE LAST DAY OF THE MONTH 

FOLLOWING TXE MONTH TOWHICH THE FEDERAL INCOME TAX DUE 

DATE XAS BEEN EXTENDED FOR BUSINESSES IF THE EXTENSION IS 

FILED THROUGH THE OHIO BUSINESSGATEWAY THE EXTENDED DUE 

DATE SHALL BE TXE LAST DAY OF THE MONTH TO WHICHTXE DUE 

DATE OFTHE FEDERAL INCOME TAX RETURN HAS BEEN EXTENDED IF 

NOT FILED THROUGH THE OHIO BUSINESS GATEWAY THE EXTENDED 

DUE DATE SHALL 0E TXE LAST DAY OF THE MONTH FOLLOWING THE 

MONTH TO WHICH THE DUE DATE OF THE FEDERAL INCOME TAX 

RETURN HAS BEEN EXTENDED THE TAX COMMISSIONER MAY DENY 

THE EXTENSION IF THE TAXPAYER FAILS TO FILE THE REQUEST 

TIMELY FAILS TO FILE A COPY OF THE FEDERAL EXTENSION 

REQUEST OR IF THE TAXPAYER S INCOME TAX ACCOUNT WITH THE 

C1TV IS DELINQUENT IN ANY WAY The Administm ormay require a 

tentativereturn accompanied by a payment oftheamount oftax shown to be 

due thereonby thedate thereturn is normally due No penalty orinterest shall 

tie assessed in those cases in which the reNm is fJeA and the final tax paid 

withintheperiod as extended 

1 

ti Gains from involuntary conversion cancellation of intlebtedness 

interest on federal obligations items of income already taxed by 

theState ofOhio from whichthe City is specifcolly prohibited from 

taxing and income of a decedent s estate tlurin9 the period of 

administration except such income from the opeation of a 

business 

M TAXPAYERS ARE PERMITTED TO DEDUCT EXPENSESON 

FEDERAL FORM 2106 IN ACCORDANCE WITH FEDERAL 

GUIDELINES FOR FORM 2106 IXPENSES REPORTED ON 

FORM 2106 ARE SUBSEGT TO AUDIT AND APPROVAL BY 

THE ADMINISTRATOR 

jmn INCOME Ssalaries wages commissions and other compensation 

antlnet proftr the taxation of which is prohitiRed by the United 

States Const ution orany ad ofCongress limiting thepower ofNe 

states ortheir politial subdivisions ro Impose netincome taxeson 

income derivedfrom interstatecommerce 

law INCOME Ssalaries wages commissions and other compensation 

and net profts the taxation of which is prohitidetl by the 

Constitution of the State of Ohio or any act of the Ohio General 

Assembly limiting the power of the Gty to impose net income 

taxes 

RETURNS 

128 1101 WHEN RETURN REQUIRED TOBE MADE 

a Each taxpayer shallwhetheror not a MUNICIPAL INCOME tax is 

due Hereon oLANEWOOD make andfile a return on or before Aprii 15 of the 

yearfollowingthe effective date ofthis chapter and on orbefore April 15 of each 

year thereafter When the retu 

thesreturneshall befflceed onaor beforeetheel5 

different fromthe calentlaryear 

day ofthefourth monthfollowing the end ofsuch fiscal yearorperiod b Any person who has no income TAXABLE 70 LAKEWOOD need 

notfile anannual return AND SHALLBE CONSIDERED IXEMPT Any person 

who has IS exempt income mustfilearehhaAN EXEMPTION CERTIFICATE 

EACH YEAR and declare totheAdministator thenature ofhis exemptionsANB THE TAXPAYERTHAT 75IXEMPT SHALL INFORM THE ADMINISTRATOR 

WITHIN THIRTY 30 DAYS IF AT ANY POINT THE TAXPAYER AGAIN 

RECEENEB BEGINS RECEMNG INCOME TAXABLE TO LAKEWOOD Aey 

128 1102 FORM ANDCONTENTOFRETURN 

The return shall be fled with the Administrator on a form or forms 

furnished by or obtainable upon request from such Adminisbatop OR ON AN 

128 1104 CONSOLIDATED RETURNS 

a 

Admiri5a atsr ANY AFFILIATED GROUP WHICH FILES A 

CONSOLIDATED RETURN FOR FEDERAL INCOME TAX 

PURPOSES PURSUANT TO SECRON 1501 OF THE 

INTERNAL REVERUE CODE MAY FILE A CONSOLIDATED 

RETURNWITHTHE MUNICIPALITY 

b In the rase of a rorporation that carried on transactions with its 

stockholders orwith other corporations related by stackownership 

interlocking directorates or some other method or in rase any 

person operates a division bmnrh factory offce laboratory or 

activity within the City constituting a portion only of ds total 

business the Adminis mtor shall require such additional 

information as he may deem necessary to ascertain whether net 

profis are properlyallocated to fhe QtytftheAdministrator finds 

that net profits are notproperty allocated to theQty by reason of 

transactions withstockholders orwithother corporations related by 

stock ownership interlocking directoratesortransactions withsuch 

division branch factory office laboatory or Activity or by some 

other methotl he shall make such allocation as he deems 

appropriate to produce a fairand proper allocation of net profits to 

theQty 

128 1105AMENDED RETURNS 

a Where necessary an amended return must be filed in ortler to 

report addPoOnal Income and pay any adtlitional tax due Or claim a 

refund oftax overpaid subject to the requirements limitations or 

both contained in Sections 128 1701 128 1702 128 1703 and 

128 1902 Such amended return shall be on a form obtainable on 

request from the Administmtoc A taxpayer may not change the 

method of LASH OR 

accountingIE ACCRUAL or 

apportionment ofnet profit after thedue date farfiling theoriginal 

return 

b Within three monthsfrom thefinal determination of any fedemi tax 

liability affectingthetaxpayer sCirytax liabil dy such taxpayer shall 

make andfile an amentled Gty return showing income subjeQ to 

the City bx based upon such final determination of federal tax 

liability and pay any additional cox shown due thereon or make 

claim forrefund ofany overpayment 

1281106 BUSINESSLOSSES 

EACH TAXPAYER MAY OFFSET BUSINESS LOSSES AGAINST 

BUSINESS NET PROFITS FROM ANY BUSINESS CONDUCTED IN THE

MUNICIPALITY OR IN ANY MUNICIPALITY THAT DOES NOT LEVY AN 

INCOME TAX ON NET PROFITS THEREFROM HOWEVER A LOSS FROM 

THE OPERATION OFA BUSINESS MAY NOT BE USED TO OFFSET THE 

INCOME ON ATAXPAYER SW2AND OR 1099 FORMS 

128 110REPORTING ANET LOSS 

ANY BUSINESS PROFESSION ASSOCIATION OR CORPORATION 

REPORTING A NEi LOSS ISSUBJECT TO THE FILING REQUIREMENTS 

OFTHIS CHAPTER 

128 13PAYMENT OF TAX 

128 1301 PAYMENT OF TAX ON FILING OF RETURNS 

a The taxpayer making a reNrn shall at the time of fling thereof 

pay to the Administrator the amount of taxes shown as tlue 

thereon provided however that 

1 Where any portion of the tax so due has been deducted at 

Ne source pursuantto the provisions of Section 128 1302 

or 

2 Where any portionof Netax has been paid by NeNxpayer 

pursuantto theprovisions ofSec IOn128 1303 or 

3 Where an income tax has been pald on Ne same income to 

another munidpality credit forNe amount so tletluctetl or 

paid or aeda re Ne extent provided for in Section 

128 1902 shall be tleducted from Ne amount shown to be 

due and only Ne balance ifany shall bedue andpayable at 

thetime offiling Ne return 

b A taxpayer who has overpaid theamount oftaxto which Ne Cty is 

entitled under Ne provisions of this chapter may have such 

overpayment applied against any subsequent liability hereunder 

or at his election indicated on Ne return such overpaymentor 

part thereof shall be refunded providetl that no adtlitional taxes or 

refunds of lessNan erne FIVE dollars15 00shall be wllecred 

orrefunded 

c Ifany employer which Is liable for tax obligations imposed by this 

chapter undergoes a funtlamenNl change then Ne employer and 

its manager shall be liable far taxes due up re the date of the 

fundamental change Taxes antl foal tax returns shall be tlue 

immediatelyafierthe funtlamenNl change Anysuccessor employer 

shall wihhold from any purchase price that Nesuttessor owes to 

Ne predecessor an amount suficient to pay all unpaid taxes 

interest and penalty which the predecessor employer owes 

pursuant to Nis chapter The suuessor employer shall make such 

withholding until such time Natthepretlecesmr employer has paid 

Ilabledirectly to Nis municipality for payment ofsuch trust 

whether actually collected by such employer ornat Any tax 

deducted antl withheld is N be consitlered paitl to Nis 

municipalitywhetherornotNe employeractually remits Ne 

tax to this municipality far purposes of determining 

employee payments orcredits 

2 All managers shall be personalty liable re the extent of the 

tax interest antl penalty jointly and severallyfor failure to 

file Ne employer s reNrn of to pay Ne employers tax 

interest andpenatry asrequired under this Uapter 

3 No change In structure by an employer including a 

fundamental change discharges im managers from liability 

farNe employees or managers failure m remitfuntlsheld 

intrustNfilea tax reNrn or re pay Nxes 

f ON OR BEFORE FEBRUARY 28 OF EACHYEAR BEGINNING 

WITH THE YEAR 1986 EACH EMPLOYER SHALL FILE A 

WITHHOLDING RETURN SETTING FORTH THE NAMES 

ADDRESSES AND SOCIAL SECURITY NUMBERS OF ALL 

EMPLOYEES FROM WHOSE COMPENSATION THE TAX WAS 

WITHHELD DURING TXE PRECEDING CALENDAR YEAR 

THE AMOUNT OF TAX WITHHELD FROM HIS OR HER 

EMPLOYEES ANDSUCH OTHER INFORMATION AS MAY BE 

REQUIRED BY THE ADMINISTRATOR ALLPAYMENTS NOT 

SUBIECT TO WITHHOLDING SHALL BE REPORTED ON A 

FORM REQUIRED BYTHE ADMINISTRATOR 

g ON OR BEFORE FEBRUARY 28 OF EACH YEAR ALL 

INOMDUALS BUSINESSES EMPLOYERS BROKERS OR 

OTHER WHO ENGAGE PERSONS EITHER ON A FEE OR 

COMM75570N BASIS OR AS INDEPENDENT CONTRACTORS 

AND NOT EMPLOYEES THOSE WHO ARE NOT SUBJECT TO 

WITHHOLDING MUST PROVIDE TXE MUNICIPALITY WITH 

COPIES OF ALL 3099 MISCELLANEOUS INCOME FORMS 

AND OR A LISTOFNAMESADDRESSES SOCIALSECURITY 

NUMBERS OR FEDERAL IDENTIFICATION NUMBERS AND A 

TOTAL AMOUNT OF EARNINGS PAYMENTS BONUSES 

COMMISSIONSAND OR FEES PAID TOEACH PERSON 

h ALL EMPLOYERS THAT PROWDE ANY CONTRACTUAL 

SERWCE WITHIN THE CITY AND WHO EMPLOY 

SUBCONTRACTORSIN CON1UNCfION WITH THAT SERVICE 

SHALL PRIOR TO COMMENCEMENT OF THE SERVICE 

PROWDE THE CIN THE NAMES AND ADDRESSES OF THE 

SUBCONTRACTORS THE SUBCONTRACTORS SHALL BE 

RESPONSIBLE FOR ALL INCOME TAX EMPLOYER 

REQUIREMENTS UNDERTHIS GXAPTER 

such taxesinterest and Ifthe successor Fails m withholtl 

penalties 

such amount Nen the successor antl in a personal manner the 

successor smanager shall be jointly and severally 

payment ofsuchtaxesinterest and penalty 

liable for the 

128 1302COLLECTION ATSOURCE 

a In accordance with rules antl regulations prescrlbetl by the 

Administatoq each employer wihin or doing business within the 

Cty shall deduct at the time of the payment of such INCOME 

salary wages commission or other compensatlon the bx of one 

and one halfpercent12per annum ofNe gross INCOME 

salaries wages commissions oroNer compensatlon due by Ne 

employer N each employee andshall on or before thelastday of 

each month make a return and pay to the Administrator the 

amount oftaxeswdeducted during theprevious month However 

iftheamount of the tax wdeducted by an employerin anyerie 

meath is less Nan one hundred dollars 100 00PER MONTH 

BASED ON THE PREWOUS TAX YEAR S QUARTERLY 

AVERAGE the employer may defer Ne filing of a return and 

payment of theamount deductetl until Ne last day of Ne monN 

following the end of Ne calendar quarteri eecarred 

b Such returns shall be on a form or forms prescribed oraaeptable to the Administrator and shall be subject to the rules and 

regulations prescribed Nerefor by the AdministatorThe employer 

shall be liable for Ne payment of the tax required N be detlucted 

and Wrthheltl whether or not such taxes have in fact been 

withheM 

c The employer in collecting Ne tax shall be deemed to hold the 

same until payment is made by such employer to the Cty as a 

trustee for Ne benefit ofthe Cry and amsuch tax collected by 

such employer from his employees shall until Ne sameis paid to 

Ne Cry bedeemed a trustfuntl inthe hands ofsuchemployer 

d No person shall be requiredto withhold Ne tax on wages orocher 

compensatlon paid tlomestic servants employetl by him exclusively 

inor about such person sresidence even Nough such residence is 

intheCity butsuch employee shall be subject to all of the 

requirements ofthis chapter 

e M Obf tl 

1 Every manager is deemed re be a imstee ofthis municipality 

in collecting funds and holding Ne tax requiretl under 

ordinance to bewithheld and thefuntlsso collected by such 

withholding aredeemed re be trustfuntls Every manager is 

128 1303 DECLARATIONS OF INCOME NOT COLLECTED AT 

SOURCE 

Ca 

EVERYPERSON WHO 

ANTICIPATES ANY TAXABLE TNLOME WHICH IS NOT SUBJECT TO 

SECTION 128 1902AND OR FROM WHICHTAX WILL NOT BE FULLY 

WITHHELD AT WKEWOOD S TAX RATE OR WHO ENGAGES IN ANY 

BUSINESS PROFESSION ENTERPRISE OR ACTIVITY SUBJECT TOTHE 

TAX IMPOSED BY SECTION 128 05 SHALL FILE A DECLARATION 

SETTING FORTH SUCH ESRMATED INCOME OR THE ESRMATED 

PROF3T OR LOSS FROM SULH BUSINESS ACTNITY TOGETHER WITR 

THE ESTIMATED TAX DUE THEREON IF ANY AND SHALL MAKE THE 

EBTIMATED PAYMENTS REQUIRED HEREIN 

b Iftheestimated tax forthecurrent year less thetax to be withheld 

and less sueh THE tax credit ALLOWED IN SECTION 128 1902 ameuats te 

net mere IS LESS Nan one huntlretl dollars 100 00no dedaafion or 

paymentofesfimated tax is required 

128 1304 FILING OFDECLARATION 

a The dxlaatlon required by Section 128 1303 shall be fled on or 

before Ne Aprif IS of each year during Ne effeQiveperiod set 

forth in Section 128 0502 or withinSaar ma ONE HUNDRED 

FrvE 105 DAYS of the date thetaxpayer becomes subject to 

tax forNe frstime 

b Those taxpayers reporting on a fsgl year basis shall file a 

declaration on or before the fiReenN day of Ne fourth monN 

fallowing Ne entl ofsuchfscal year orperiod 

128 1305 FORM OFDECLARATION 

a The dedaationrequired by Seciion 128 1303 shall be fletl upon a 

form furnished by orobtainable from Ne Adminisbarer OR ON AN 

ACCEPTABLE GENERIC FORM AS DEFINED IN THIS 

CHAPTER 

redit shall 

be taken far theCity bx to he withheld from any portion ofsuN 

income antl cretlitshall be taken fortax re be paidor wdhheltl and 

remitted to another taxing munidpality in accordance with the 

provisions ofSection126 1902

The original deda2tion or any subsequent amendment thereof 

may be increased or decreasetl on or before any subsequent 

quarterly payment date asprovitletl for herein 

128 1306PAYMENT TOACCOMPANY DECLARATION 

Such declaation of esfimatetl tax to be paid to the City shall be 

accompanietl bya payment ofat leastone fourthof heestimatetl anaaal NON 

WIIHHELD AND OR UNDER WITHHELD tax DUE and at leas a similar 

amount shall be paid on or before thelast tlay ofthe seventh and tenth months 

after the beginning ofthetaxable year and on or before the last day ofthefrst 

month of Ne succeeding year following the taxable year However if an 

amentled detlam0on has been fled the unpaid balance shown due thereonshall 

be paid inequal installments on orbeforethe remaining payment dates 

a IFTHE TAXPAYER ISAN INDMDUALAT LEASTASIMILAR AMOUNT SHALL BE PAID ON OR BEFORE THE LAST DAY OF 

THE SEVENTH 7TH TENTH 10TH AND THIRTEENTH 

13TH MONTHS AFTER THE BEGINNING OF THE 

TAXPAYER STAXABLE YEAR PROVIDED THAT ZN CASE AN 

AMENDED DECLARATION HAS BEEN FILED OR THE 

TAXPAYER IS TAXABLE FOR A PORTION OF THE YEAR 

ONLY THE UNPAID BALANCE SHALL BE PAID IN EQUAL 

INSTALLMENTS ON ORBEFORE THE REMAINING PAYMENT 

DATES 

B IF THE TAXPAYER IS A CORPORATION OR ASSOCIATION 

AT LEAST A SIMILAR AMOUNT SHALL BE PAID ON OR 

BEFORE THE FIFTEENTH DAY OFTHE SIXTH NINTH AND 

TWELTH MONTHS OF THE TAXABLE YEAR PROVIDED 

HOWEVER THAT IN CASE AN AMENDED DECLARATION 

HAS BEEN FILED THE UNPAID BALANCE SHOWN DUE 

THEREON SHALL BE PAID IN EQUAL INSTALLMENTS ON OR 

BEFORE THE REMAINING PAYMENT DATES 

C NO PENALTIES OR INTEREST SHALL BE ASSESSED FOR 

NOT FILING A DECLARATION ON ANY RESIDENT 

TAXPAYER WHO WAS NOT DOMICILEDIN THE CITY ON 

THE FIRST DAY OFJANUARY IN THE YEAR IN WHICHTHEY BECAME SUBIECT TO ESRMATED PAYMENTS NOR SHALL 

PENALTIES OR INTEREST BE ASSESSED ON ESTIMATED 

PAYMENTS IF THE TAXPAYER HAS REMIRED ANAMOUNT 

EQUAL TO ONE HUNDRED PERCENT OF THE PREWOUS 

YEAR STAX LIABILITY PROWDED THAT THE PREWOUS 

YEAR REFLECTED ATWELVE MONTH PERIOD AND THE 

TAXPAYER FILED ARETURN FOR THAT YEAR NOR SHALL 

PENALTIES OR INTEREST BE ASSESSED ON ESTIMATED 

PAYMENTS IF THE TAXPAYER HAS REMITTED AN AMOUNT 

128 1504ABATEMENT OFINTERESTAND PENALTY 

Either the Administraror hereuntler orNe Board of Review may abate 

penalty orinterest orboth forgootl cruseshown 

128 1505 VIOLATIONS 

Any personwho shall 

a Fail neglect or refuse to make any return or declaration required 

by thischapter or 

b Make any incomplete false orf2udulent return ar 

c Intentionalry or willfully fail neglect or refuse to pay the tax 

penaltlesor interestimposed by thischapter or 

d Fail neglect or refuse to withholtl the tax from his employees or 

remit such withholding to theAdministrator or 

e Refuse to permit Ne Administrator oranydury authodzetl agent or 

employee to examine his hooks records papers dnd federal AND 

STATE income Lax returnsrelating to Ne income ornetprofts of a 

taxpayer or 

f Fail to appear before theAdministrator and to produce his books 

recerds papers orfetleml AND STATE income tax returns relating 

to Ne income ornet profts of a taxpayer upon ortler ofsubpoena 

oftheAtlministrator or 

g Refuse to disclose to Ne Administrator any information with 

respect tothe income ornetprofts ofa taxpayer or 

h Fail to comply with the proutsl0ns of Nis chapter or any order or 

subpoena ofNe Administratorauthorized herebyor i Gve to an employerfalse information as Nhis true name correct 

social security number and residence adtlress or fail ro promptly 

notify an employer of any change ip residence address and date 

thereof or 

recoils of 

j Fail to use ordinary diligence in maintaining proper 

employees residence addresses total wages paitl and City tax 

withheltl orto knowingly give Ne Administrator false Informaton 

or 

k Attempt N do anything whatever to avoid Ne payment of Ne 

whole or any part ofthe tax penalties or interest imposed by this 

chapter 

shall be guilty of a FIRST DEGREE misdemeanor antl shall be fned not more 

Nanfi adreaONE THOUSAND dollars53 000 00or imprisonetl not 

more thansa months orboth fareach offense 

128 1506 LIMITATION ONPROSECUTION 

All prosecutions under Nis section must be ommencetl within five 

THREE3 yearsfrom thetime oftheoffense complained of exceptTnthe wse 

of failure to file a return orinthecase of fling a false orfmutluleM returnor a 

RETURN HAVING AN OMISSION OF 25 OR MORE OF INCOME 

EQUAL TO NINETY PERCENT OFTHE FINAL TAX LTABILITY 

FORTHE TAX YEAR DUE ON OR BEFORE APRIL 15r OFTHE 

CURRENTYEAR 

128 1307 ANNUAL RETURN 

On or before the ffteenN day ofthefourth month of theyear following 

that for which such dedamtion or amended dedaation was filed an annual 

return shall be filed and any balance which may be tlue Ne City shall be paid 

therewith inaaordance withtheprovisions of8e on1281301 

INTERESI AND PENALTIES 

128 1501 INTEREST ON UNPAIDTAX 

All taxesimposed and all moneys withheldor requiretl to be withheld by 

employers and all installments ofestimated taxesrequired to be paid antler the 

provisions of this chapter and remaining unpaitl after they become due shall 

bear interestat Ne rate ofeight percent 800 aper annum 

128 1502 PENALTIES ONUNPAIDTAX 

In addition to interest asprovided insertion128 1501 penalties bawtl on 

the unpaid tax orinsblimenlsofestimated tax are hereby imposed asfollows 

a For failure to pay taxes or estimated taxes tlue other Nan taxes 

withheld ten ONE percent 10 per annum MONTH OR 

FRACTION OFA MONTH THEREOF butnot lessthan twenty 

five tlcllars25 00 

b For failure to remit taxes withheld from employees ten percent 

30 per monN or fraction OF A MONTN thereof but Ne 

acamulated penalty shall notexceetl ffty percent60upon any 

unpaitl amount and shall not be less than twenty fve dollars 

25 00 

c A PENALTY OFTWENTY FNE DOLLARS25 00SHALL BE 

ASSESSED FOR FAILURE TO FILEANINCOME TAXRETURN THIS PENALTY SHALL BE IN ADDITION TO ANY OTHER 

PENALTIES THAT MAY BE ASSESSED 

128 1503 EXCEPTIONS 

A penaltyshall notbe assessetl on an addi0onaltaxassessment made by 

theAdministratorwhen a return has been fletlingood faith antl Ne taxpaitl 

thereonwithin the time prescribed by theAdministrator and intheabsence of 

fraud neither penalty norinterest shall be assessed on any additional tax 

assessment rewlting from a fedeal autlit providingan amentletl return isfiled 

and theadditional tax is paidwithin three monthsafter a final tletennination of 

thefederal taxliability SUBJECT TO TXZS TAXran the limitation oftime within which 

prosecWOn must be commenretl shall be tenSI6years from the date the 

return was due orNe datethefalse orfaudulentreturn was filed 

128 1507 FAILURE TO PROCURE FORMS NOT EXCUSE 

Tne failure ofany employer or person to receive or procure a return 

declaration or other required form shall not excuse him from making any 

informaton return ordeclaration from filing such form orfrom paying thetax 

COLLECRON OF UNPAIDTAXESAND REFUNDS OFOVERPAYMENTS 

126 1701 UNPAID TAXES RECOVERABLE AS OTHER DEBTS 

All taxesimposetl by thisap er shall be cellectible together wiN any 

interest and penalties thereon by suit as other debts of like amount are 

remvereble ALL LEGAL ACRONS TO RECOVER MUNICIPAL INCOME 

TAXES AND PENALTIES AND INTERESTTHEREON SHALL BE BROUGHT 

WITHIN THREE3 YEARS AFTER THE TAX WAS DUE OR THE RETURN 

WAS FILED WHICHEVER IS LATER Eexcept in the case of fmuQ of 

omission of 25ORMORE ofIncome subjectto thistax 

orof failure N file a return an additional assessment shall not be made OR 

LEGAL ACTIONINITIATED after threeSIX6 years from thetime Ne return 

was tlue or filed whichever is later 

HOWEVER in those casesin 

which a Commissioner of Internal Revenue and the taxpayer have executed a 

waiver ofthe fetlemi sfltute oflimi atlons theperiod within which an additonal 

assessment may be matle by Ne Administrator shall be one year from the time 

ofthefinal determination ofthefetleml taxliability 

128 1702 REFUNDS OFTAXES ERRONEOUSLY PAID 

a Taxes erroneously paid shall not be refunded unless a tlaim for 

refund is made within three years from Ne date which such 

payment was madeorthereturn was due orwiNih three months 

after thefoal tletermination of thefetle2l tax liability whicheveris 

lateu IN ADDITION THE FOLLOWING SHALL APPLY 

REGARDING REFUNDS OE TAX WITHHELD FROM NON 

QUALIFIED DEFERRED COMPENSATIONPLANS NDCP 

Ord 3467 Passetl619 67J 

1 ATAXPAYER MAY BE ELIGIBLE FORAREFUNDIF THE 

TAXPAYER HAS SUFFERED A LOSS FROM A NDCP 

THE LOSS WILL BE CONSIDERED SUSTAINED ONLY 

IN THE TAXABLE YEAR IN WHICH THE TAXPAYER 

RECEWESTHE FINAL DISTRIBUTION OF MONEYAND 

PROPERTY PURSUANT TO THE NDCP FULL LOSS IS 

SUSTAINED IF NO DISTRIBUTION OF MONEY AND 

PROPERTYWILL BE MADE BYTHE NDCP

2 A TAXPAYER WHO RECEIVES INCOME AS A RESULT EMPLOYEE HOWEVER NOTHING IN THIS 

OF PAYMENTS FROM A NDCPAND THAT INCOME IS SUBPARAGRAPH SHALL AFFECT THE RIGHT OF A 

LESS THAN THE AMOUNT OF INCOME DEFERRED TO NONRESIDENT EMPLOYEE TO APPLY DIRECTLY TO THE 

THE NDCP AND UPON WHICH MUNICIPAL TAXWAS CITY OF LAKEWOOD FOR REFUND OF INCOME TAX 

WITHHELD THEN A REFUND WILL BE ISSUED ON WITHHELD FOR DAYS WORKED OUTOFLAKEWOOD 

TXE AMOUNT REPRESENTING THE DIFFERENCE D PAYMENTS ON DELINQUENTAMOUNTB SHALL BE APPLIED 

BETWEEN THE DEFERREDINCOME THAT WAS TAXED IN THE FOLLOWING MANNER 

AND THE INCOME RECENED FROM THE NDCP IF 1 TO UNPAIDTAX THEN TO PENALTY AND INTEREST 

DIFFERENT TAX RATES APPLIED TOTHE TAX YEARS ASSESSMENTS ON A YEAR BV YEAR ORDER BEGINNING 

IN WHICH DEFERRALS A WEIGHTED AVERAGE OF WITH THE OLDEST YEAR FORWMILN DELINQUENCIES ARE 

THE DIFFERENT TAX RATES WILL BE USED TO DUE 

COMPUTE THE REFUND AMOUNT 

3 REFUNDS SHALL BE ALLOWED ONLY IF THE LOSS IS 

ATTRIBUTABLE TO THE BANKRUPTCY OF THE 

32 TO TXE TAXPAYER SCURRENT ESTIMATED TAX 

EMPLOYER WHO HAD ESTABLISHED THE NDCP OR LIABILITY 

THE EMPLOYEE S FAILURE OR INABILITY TO 

SATISFY ALL OF THE EMPLOYER STERMS AND 128 1703 AMOUNTS OF LFSSTHAN BHEBOLLAR FIVE DOLLARB 

CONDITLONS NECESSARY TO RECENE THE Amountsof lessthan eaeFIVE tlollar5 y25 00shall not becollected or 

NONQUALIFIED COMPENSATION 

b INCOME TAX THAT HAS BEEN DEPOSITEDWITHTHE CITY 

refunded 

OF LAKEWOOD BUT SHOULD HAVE BEEN DEPOSITED REDIr FOR TAX 

WITH ANOTHER MUNICIPALITY IS ALLOWABLE BY THE PAID TOOTHERMUNICIPALITIES 

CITYOFLAKEWOODASAREFUND BUT ISSUB ERTOTHE 128 1901 NONRESIDENTTAXPAYERS 

THREE YEAR LIMITATION ON REFUNDS INCOME TAX Section 1281901 was repealed byONinance 7371 passed December 20 

THAT SHOULD HAVE BEEN DEPOSITED WITH THE CITYOF 1971 

LAKEWOOD BUT WAS DEPOSITED WITH ANOTHER 

MUNICIPALITY SHALL BE SUBIECT TO RECOVERY eY THE 128 1902 TAXCREDIT 

CITY OF LAKEWOOD THE CITY OF IAKEWOOD WILL a When the taxable income ofa resident of the Cty of Lakewood is 

ALLOWANON 

REFUNDABLE CREDIT FOR ANY AMOUNT subject to a municipal income tax in another municipality on the same income 

OWED THE CITY OF LAKEWOOD THAT IS IN EXCESS OF taxable underthis chaptegsuch resident shall beallowed a creditof the amount 

THE AMOUNT TO BE REFUNDED BY THE OTHER of inwme tax paid on such taxable income to such other MUNICIPALITY AS LONG AS 

municipality equal to 

THE TAX RATE OF 7HE OTHER 

MUNIQPALITY ISTHE SAME OR HIGHER THAN THE CITY 

fifty percent 50 oftoe amount obtained by multlplying Me lowerof thetax 

rate ofsuch other munitlpality orof theCity ofLakewood by thetaxahle income 

OF LAKEWOOD STAX RATE IF THE CITY OFLAKEWOOD S earned in or attributable to the munitlpality of employment or business activity 

TAX RATE IS NIGHER THE TAX REPRESENTING THE NET 

but inany event such credit shalt not be applietl to a rate in excess of one 

DIFFERENCE OF THE RATES IS ALSO SUB ERTO percent1 ofthe taxable income earned in orattributable to themunicipality 

COLLECRON BY THE CITYOFLAKEWOOD 

of employment or business activity For the purposes of this section Nxable 

C OVERPAYMENTSOFWITHHELD TAX THAT HAVERESULTED income shall include the distributive share of netprofts of a resident partner or 

DUE TO INCORRECT WITHHOLDING OF AN EMPLOYEE BY ownerof an uninmrpomtetl business AN EMPLOYERAND ARE NOT DUE ASARESULYOF EXCESS 

entity 

b A claim farcreditorrefund underthis section shall be made in such 

WITHHOLDING REQUESTED BY THE EMPLOYEE SHALL BE 

manner as4he Administrator may by regulation provide Inthe eventsuch 

REFUNDED TO THE EMPLOYER II SHALL BE THE lakewootl resident fails neglects or refuses to file an annual reNm or 

RESPONSIBILITY OF THE EMPLOYER AND NOT THE CITY 

OF LAKEWOOD TO REFUND SUCH OVERPAYMENT TO THE 

tledaration on theformprescribed by theAdminis ratop heshall notbe entitled 

to such cred horrefund and shall be consideretl inviolation ofthis chapter for The Administrator is authorized to anange far the payment of unpaid 

failure tofile a return taxes interest antl penalties on a schedule of installment payments whenthe 

128 1903 CLAIMFOR CREDIT taxpayer has proved to the Administrator that due to certain hartlship 

Section 128 1903 was repealed by ONinance371 passed December 20 1971 contlitions he is Lnable to pay Me full amount of the tax due Such 

authodration shall notbe granted untll proper returns arefled by the taxpayer 

Pot all amounts owetl by him under this draptec Failure to makeany defened 

DISBURSEMENT OFRECEIPTS OF TAXCOLLECRON payment when tlue shall muse thetotal unpaid amount including penalty and 

128 2101 DISBURSEMENTOFFUNDS COLLECTED interest tobecome payable on demand and theprovisions ofSections 1281505 

The funds collected under the provisions ofthis chapter shall be disbursed antl 128 1701 shall apply 

inthe following manner 

a First such partHereof as shall be necessary to defiay all expenses 

128 2305 AUTHORITYTODETERMINE AMOUNTOFTAX DUE 

of wllecting the tax and of administering and enforcing the aPzmerlfthe taxpayer failsto fie a 

provisions ofthis chapter shall be paid 

tax return whir7i is required by this chapter within Me time prescribed tkerefere 

b The balance remaining after payment ofthe expenses referretl to in but consents to disclose all inorma ion necessary to the prepamtlon thereof 

subsection a hereof shall be deposited in Me General Fund for Men the Administrator may prepare such return which after heing signed by 

municipal purposes 

such person may be receivedby MeAtlministrator asthereturn of wchperson 

b 

Ifany taxpayer failsro file a tax 

return which is required by this chapter within thetime prescribed Nverefere or 

DUTIES ANDAITHORITYOFTHE ADMINISTRATOR makes willNlly orotherwise a false orfraudulent retym then theAtlministrator 

128 2301 DUTY TO RECENETAXIMPOSED shall make in a reasonable manner such return from his own knowletlge and 

Itshall be theduty oftheAdministrator to receive thetax imposetl by Mis ham such information ashe can obtain MroughouttesUmom orotherwise 

chapter inthe mannerprescribed herein from thetaxpayers to keep an accuate recoMthereof antl to report 

c 

all moneysso received 

128 2302 DUTY TO ENFORCECOLLECTION 

It shall be the tluty oftheAdministrator to enforce payment ofall taxes 

awing to Me City to keep accurate reroMsfor a minimum ofwe SIX6years 

showing Me amount tlue from each taxpayer required to file a tledaration and IN ANY CASE WHERE ATAXPAYER 

make any return or both indudinqlazes withheld and to show Me dates and HAS FAILED TO FILE A RETURN OR HAS FILED A RETURN WHICHDOES 

amounts ofpayments thereof NOT SNOWTHE PROPERAMOUNTOF TAX DUE THE ADMINISTRATOR 

MAY DETERMINE THE AMOUNT OF TAX APPEARING TO BE DUE THIS 

128 2303 AUTHORITYTOMAKEAND ENFORCEREGULATIONS QTY FROM THE TAXPAYER AND SHALL SEND TO SUCH TAXPAYERA The Atlministrator is hereby charged with the enforcement of Me WRITTEN STATEMENT SHOWING THE AMOUNT OF TAX 50 

provisions ofthis chapter and is hereby empowered subjeR to the approval of DETERMINED TOGETHER WITH INTEREST AND PENALTIES THEREON 

Me Board of Review to adopt and promulgate and to enforce rules and IF ANY SUCH DETERMINATION MAY BE MODIFIED OR AMENDED 

regulations relating to any matter or Ming pertaining to the colleRion of taxes BASED UPON INFORMATION OR DATA SUBSEQUENTLY SECURED BY 

and Me administration and enforcement of Me provisions of this chapter OR MADE AVAILABLE TO THE ADMINISTRATOR IF THE TAXPAYER 

intluding provisions for there 

examination and correction of returns FAILS TO RESPOND TOTHE ASSESSMENT WITHIN 30 DAYS THE TAX 

TAXPAYERS ARE HEREBY REQUIRED TO COMPLY WITH THE PENALTIES AND INTEREST ASSESSED SHALL BECOME DUE AND 

REQUIREMENTS OF THIS CHAPTER AND THE RULES AND PAYABLE AND COLLECRBLE ASARE OTHER UNPAID TAXES PENALTY 

REGULATIONS AND INTEREST 

jj 

128 2304 AUTHORITYTOARRANGEINSTALLMENT PAYMENTS 1 I

etlmss either theTax Administrator s execution 

of a retum nor the Tax Administrator sassessment ofa taxpayer shall start the 

mooing of theperiatl of limitations on prosecutions set forth elsewhere inthis 

chapter 

128 2306 AUTHORITY TOMAKE INVESTIGATIONS 

The Administrator or any authorizetl employee is hereby authorized N 

examinethebooks papers records and fedeal AND STATE income tax returns 

of am employer or mf any taxpayer or person subject to or whom the 

Administrator believes is subjectHthe provisions ofthis chapter forthepurpose 

of verifying Ne aauacy of any re um made op if no return was made N 

ascertain the lax due under this chapter Every such employer supposed 

employer taxpayer or supposetl taxpayer is hereby directed and required to 

famish WITHIN TEN 10CALENDAR DAYS FOLLOWING A alaea written 

request by theAtlministraror or his duly authorized agent or employee the 

means facilities antl opportunity for making such examinations and 

investigations asarehereby authorzetl 

128 2307 AUTHORITY TOCOMPEL PRODURIONSOFRECORDS 

The Adminis atoris hereby authorized H order any person presumed to 

have knowledge of the facts N appear beforehim and may examine such 

person antler oath concerning any income which was or shoultl have been 

remoed for taxation or any transaction tending to affect such income antl for 

Nis purpose may compel the protloction of books papers records antl federal 

AND STATE income tax returns and the attendance of all persons before him 

whether as parties or wiHesses whenever he believes surly persons have 

knowledge ofsuch incomeorinformation pertihent Hsuch inquiry 

128 2308 REFUSALTOPRODUCE RECORDS 

The refusal to produce books papers records and fedeal AND STATE 

income tax returns or the refusal to submit to such examination by any 

employer or persons subject or presumed to be subject H Ne tax or by any 

officer agent or employee of a person subjeR to He tax or required towithhold 

tax orthe failure of any person to comply withHe provisions ofNis chapter or 

wiH an order or subpoena of the Administrator authorized hereby shall be 

tleemed aviolation ofthischapteqpunishable as providetl inSecion128 1505 

128 2309 CONFIDENTIAL NATUREOF INFORMATION OBTAINED 

a Any information gained as the resultof any returns investigations 

hearings orverifco ions required or authorized by this chapter 

b The Board shall select each year for a one year term one of Rs 

members to serve as Chairman antl one to serve as Secretary A 

majority ofthe membersof He Board shall mnstiWtea quorum 

The Boartl shall adopt its own proretlual rules antl shall keep a 

record of its tansaNOns 

c No member of the Board shall take part in any hearing or 

determination in which he has a personal orfnancial interest The 

membersofHe Board shall receive no compensation antl may be 

removed far Cause by Ne Mayor 

d The provisions of Section 128 2309 with referenre to the 

confidential chaacter of information required to be disclosed by 

Nis chapter shall apply to such matters as may be heaNbefore the 

Board on appeal 

128 2502 DUTY TO APPROVE REGULATIONS AND TO HEAR 

APPEALS 

All rules and regulatlons antl amendmentr or changes NereN which are 

adopted by theAdministrator under the authority conferred bythis chapter must 

be approved by Ne Board of Review before he same become effective The 

Board shall hear antl pass on appeals from any mling or decision of Ne 

Administrator and at the request of the taxpayer or Administrator is 

empmwered to substiNte alternatemethotlsofallmca0on 

128 2503RIGHT OFAPPEAL 

a Any person dissatisfed wiH any ruling or decision of the 

Atlministm orwhich is made untlerthe authority conferretl by Nis 

chapter AND THE RULER AND REGULATIONS ANDWHO HAS 

FILED TXE REQUIRED RETURNS OR OTHER DOCUMENTS 

PERTAINING TO THE CONTESTED ISSUE may appeal 

Herefrom to the Board of Review within thirty tlays from He 

announcement of such ruling or decision by the Administator 

THE APPEAL SHALL eE IN WRITING AND SHALL STATE 

WHY THE DECISION SHOULD BE DEEMED INCORRECT OR 

UNLAWFULaClhe Board shall on hearing have jurisdiRion to 

affirm reverse or modify any such ruling or decision or any part 

Hereof THE BOARD MUST SCHEDULE A HEARING WITHIN 

FORTY FNE 45 CALENDAR DAYS OF RECENING THE 

APPEAL THE BOARD MUST ISSUE A WRITTEN DECISION 

WITHIN NINETY 90 DAYS AFTER THE FINAL HEARING 

AND SEND A NOTICE OF 1TS DECISION BY ORDINARY 

MAILTOTHE TAXPAYERWITHIN15 DAYS AFTERISSUING 

THE DECISION 

b ANY PERSON DISSATISFIED WITH ANY RULING OR 

DECISION OF THE BOARD OF REVIEW MAY APPEAL 

L 

including returns orreturn information receivedfrom Fedeal state 

or local taxing authorities pursuant to partb ofthissection shall 

be confidential except for official TAX purposes or except in 

aaordance withproper judidal order Any person divulging such 

information inviolation ofthis Section shall be fnetl not more than 

one thousand dollars1000 or imprisoned for notmore than six 

months mr both Each tlisdosure shall constitute a separate 

offense n addition to theabove penalty any employee oftheCity 

who violatesthe provisions ofthis section relative H the disclosure 

of confitlentialinfarmation shall be guiltyof an offense punishable 

by immediate tlismissal 

b The Director of Fnance is hereby authorzetl to enter into 

agreementr with the UnitedStates Commissioner of the Internal 

Revenue Service an Internal Revenue Service District Directpr the 

Slate of OhloTax 

COmmissioner antl He heads of other state and 

local taxing authoritiesto provide forthe disclosure andexchange 

by theDirector ofFnanceand eachoftheaforemeniionetl officials 

of returns or return information under the jurisdiction of such 

official for collection purposes The Director of Fnance is 

further authorized to pay the costs of services materials or 

information received pursuant to such agreements antl m charge 

such officialsfarservices materialsorinformatioq supplied 

128 2310 TAXPAYER REQUIREDTORETAIN RECORDS 

Every taxpayer shall retain all records necessary to compute his tax 

liability fora period of five SIX6years from thetlate his return isfledorthe withholding taxesarepaid 

128 2311 AUTHORITYTO CONTRACTFOR CENTRAL COLLECTION 

FACILITIES Repealed 

128 25BOARD OFREVIEW 

128 2501 BOARD OF REVIEW ESTABLLSHED 

a A Board of Review consisting of five memberswho are electors of 

the Cty is hereby created Three members shall be appointed by 

the Mayor and two members shall be appointed by Council The 

members shall serve overlapping terms ofthree years withNefirs 

two members appointed for oneyear oneofNose members being 

appointed by Council and one by the Mayor He second two 

members appointed for two years one of those members being 

appointed by He Council and one by the Mayor and Ne ffth 

memberfor threeyears appointetl by He Mayor Each subsequent 

appointment shall be fora full three yearterm THEREFROM TOA COURT OF COMPETENT URISDICTION 

WITHINTHIRTY30 DAYS FROM THE ANNOUNCEMENT OF 

SUCH RULING OR DECISION FOR MATTERS RELATING TO 

TAX YEARS BEGINNING ON OR AFTER JANUARY 1 2004 

ANY RULING OR DECISION OF THE BOARD OFAPPEAL MAY 

BE APPEALED TOACOURT OF COMPETENT JURISDICTION 

ORTO THE STATE BOARD OFTAXAPPEALS 

OTHER PROVISIONS 

128 201DECLARATIONOFLEGISLATIVE INTENT 

Ifany sentence douse secion orpart of Nis chapteror any tax against 

any intlividual or any of the seveai groups specifed herein is found H be 

unconstitutional illegal or invalid such uncanstitutlonality illegality orinvalidity 

shall affectonly such clause sentencesection orpart ofthis chapter and shall 

not affect or impair any of He remaining provisions semances clauses sections 

or other parts ofthis chapter Itis hereby dedaredto be theintentionofCouncil 

that this chapter would have been adopted hatl such unconstitutional illegal or 

invalid sentence clausesection orpartHereof notbeen indutletlherein 

128 2702 COLLECTION OF TAX AFTER TERMINATION OF 

CHAPTER 

a This chapter shall continue effective insofar as thelevyof taxes is 

concerned until repealed and insofar as the collection of taxes 

levied hereunder and actions and praceetlings for collecting any tax 

so levied orenforcing any provisions ofNis chapter are concerned 

it shall continue effective until all of such Nxes levietl in the 

aforesaid period are fully paitl and any and all suitr and 

prosecutions farthe collection ofsuch taxesorfar He punishment 

of violatlons of Hk chapter shall have been fuly terminated 

subject tm the limitations contained in Sections 128 1505 o 

128 150 and 128 1701to128 1703 

b Annual returns tlue for all or any part of the last effective year of 

hischapter shall be due onthedate provided inSections128 1101 

and 128 1302 as though Ne same were continuing

128 2203 13A8I13TY PORNON PAYMENT BY CONSTRUCTION 

CONTRARORS SUBCONTRACTORSINDEPENDENT 

CONTRACTORS AND OWNERS 

a Any individual orerrdty that wntracts or subcontracts forany portion of 

work on a construction projectin theCity of lakewootl far puryosesof 

Nis section hereafter thecontractor to another individualorentityfor 

Ne pertormance ofconstruNOn workthe subcontraQOYshall be liable 

for any failure of the subcontractor N pay or forward far payment all 

taxesrequired to be withheld or paid under provisions of Nis Chapter 

rogether with applicable penalties and interest far nonpayment as 

providetl in Section128 1501 antl 128 1502 above It is the intention to 

impose liability fornon payment of taxes and any applicable interest and 

penalties upon the entire chain of construction employment and 

contracting from wageworker orindependent contractor up through each 

subcoMactor contactor general contractor and even to the owner 

except as Natowner may be exempt under subsection b herein to 

ensure that inwme taxes ontonsbvction projects are paid as required 

No good FaiN excepGOn underSecion 128 1503shall be permitted N limit 

liability underthis sectionIssuance of an IRS Porm 1099 is not a defense 

butmay be evidenceofliability underthis section 

b Notwithsantling the foregoing Ne owner or owners of residendal 

premises antl who also ocapy Nose premises shall be exempt from 

liability under this section ifthetotal cost ofthe projeQ attheresidence 

is fifty thousand dollars50 000 orless and the owner or owners have 

obtained written confirmation that the contactor employetl farthe project 

Is registered with the Ciry of Lakewootl prior to the commencement of 

work 

c The City will not issue any type of building ottupancy or construction 

permit to any individual or entity unless fiat presented with 

documentation fromtheAdministraror thatall taxes required tobe paid or 

withheld under Nis Chapter have been paidto theGty 

d The Citywill notrelease drawsforwork pertormed on any construction 

project undertaken by theCiNtoany individualorentity working on such 

protect untll presented with tlocumentatlon from theTaxAdministrator 

Natall axesrequired Nbe paid orwithheld underthis Chapter have 

been paidand forvvardedNthe Qty 

Section 2 That Nis ordinance shall be effective anuary 1 2011 

Section 3 Itis Found anddetermined thatall formal actionsofthis Council 

mnceming and relating to thepassage ofthis oNinance were adoptetl in an open 

1 

meeting ofthis Council and that all such tlelibeatlonoftheCounciland of any ofitr 

commiUeesthatresultedinsuch formal actionwere in meetingsopen tothepublic in 

compliance withall legal requirements 

Adap e@ 

Approved 

51 

Presitlentof Counci 

Clerk ofCouncil 

Mayor

PLACED ON st READING 

REFERRED TO THE Public Works Cmte 

719 10 2nd Reading9810 

Deferred 10410 

oRD1NACE No slo BY 

AN ORDINANCE to amend Chapter 1308 Flood Damage Prevention ofthe Codified 

Ordinances ofthe City ofLakewood for the purpose of 

WHEREAS 

WHEREAS 

WHEREAS 

Now Therefore 


Section 1 That Chapter 1308 FloodDamage Prevention of the Codified Ordinances of 

the City ofLakewood currently reading as follows 

1308 01 TITLE 

Theprovisions ofthis chapter hereinafterreferred to as this Code shall be known as the 

Flood Damage Prevention Code ofthe City ofLakewood 

1308 02 FINDINGS OFFACT 

a The flood hazard areas ofLakewood are subject to periodic inundation which may 

result in loss of life and property health and safety hazards disruption ofcommerce and 

governmental services extraordinary public expenditures for flood protection and relief and 

impairment ofthe tax base all ofwhich adversely affect thepublic health safety and general 

welfare 

b These flood losses are causedby thecumulative effect ofobstrucfions in areas of 

special flood hazards which increase floodheights and velocities and when inadequately 

anchored damage uses in other areas Uses that are inadequately floodproofed elevated or 

otherwise protected from flood damage also contribute to the flood loss 

1308 03 PURPOSE 

It is the general purpose ofthis Code to promote the public health safety and general 

welfare and tominimize public and private losses due to flood conditions in specific areas by 

provisions designed to 

a Protect human life and health 

b Minimize expenditure of publicmoney for costly flood control projects 

c Minimize the need forrescue and reliefefforts associated with flooding and generally 

undertaken at the expense ofthe general public 

d Minimize prolonged business interruptions 

e Minimize damage to public facilities and utilities such as water and gas mains 

electric telephone and sewer lines streets and bridges located in areas ofspecial flood hazard 

y

f Help maintainastable basebypxoviding forNe properuseanddevelopment of 

areas ofspecial flooduud so astominimize futurefloodblightareas 

g EnsureHat pomnvat buyers azeaware dratproperty isinanareaofspwialflood 

hazazd and 

h Emme thatNou who occupy the areas ofspwialfloodhazardassumeresponsibility forthen acfio4s 

3308 04METHODS OFREDUCINGFLOOD LOSSES 

in orderto aaomplishisspurposethis Codeincludes methods and provisionsfor 

a Restrictingorprohibiting uses whichacedangerous to healthsafety and property due 

owaterharile orwhich resultindamaging increasesinfloodheightsorvelocifice b Requiringtha useswlnernble to floods includingfacilities which servesuchuses be 

protwied againstflood damage atthetimeofinitialconstruction c ControllingHealterationofnatumlflood plainsstream charmers andnmuml 

protective barriem whichhelp accommodate orcharnel floodwaters 

d Controlling filling gadivg dredgingand otherdevelopmemwhich may increase 

flood damageand e Prevwtivg orregulating theconstructionofflodbaaiem whichwill uumnrrally 

divertfloodwaters orwhichmaywcreasefloodhoards wother areas 

1308 05DEFINITIONS 

Unless specifically definedbelow words or phrases usedinthis Code shall beinterpreted so 

asm give them themeaningtheyhave in common usageandm give Iris Codeits most 

reasonable application 

a Accessorystuctuemeans astructure onthe same lotwith andofamnne eus omarilY idevWand subordinazet4theprincipal structure 

b Appeal meam arequesrcforaxeview ofthe Bending Commissioner sinterpcetadov 

ofanyprovision ofthisCodeora request foravariame 

c Area ofspecial floodhamN means Ne laudintheflodplainsubjectmaove 

percent orgreater chance offloodinginmygiven yeaz Areas ofspecielfloodhazazd are 

dceigmtd bythe Federal Emergency ManagementAgency ce Zone AAE AHA0AI 30 and 

A99 

d Baseflood meansthe flood one havinga percen chanceofbeing aquald or 

exceeded Hany givenyeaz The basefloodmay also bereferred oas the one hundred100 

yearFlood 

e Bazemevt means any azea ofthebuilding having its floor subgrade below glomd 

on level aEsides 

O Development means mymay made change to improved orunimproved real estate 

including butnotlimitedmbuildings orother structures mining dredgingfilling grading 

paving excavationordrilling operations orstorage ofequipmevtormaterials located withinthe 

area ofspecislflood heard 

g Federal Emergency ManagementAgency PEMA meavsdm agencywiNthe 

overall responsibilityforadministaivg theNatlonalFlood InsuranceProgram 

m Flood orflooding means ageneral andtemporary condition ofpactial orcomplete inundation ofnomtally dry landareas from 

t Theoverflow ofiNandortidalwatersand or 

r Startofwnswclion means thedatethe baldingpermitwas issued provided the 

actual startofconstruction repair rewvstruefio4rehabilitation addition placementorother improvementwas within 180 days ofthe permitdate Thearena settmeans eitherthefirs 

placemen ofperm ant consnvc6on ofastructureonasite such asthe pouringof slab or 

footings the installation ofpilesthe wnstruction ofwlumnsorany workbeyoM the stage of 

cavatioq orOre placementofa mount tendhome onafounda4on Permanent conshrrcfion 

does tutinclude laudpeepazabo4 suchas clearing grading and nor filling does it indvdethe 

irisfalla ionpfstreeh and orwalkways nor doesitincludeexcavmiov forabasemevt 

footings piersorfoandations orthe erectionoftemporary forms nordoesiincludethe 

ivStallation onthe property of suchas accessorybuildings gazages orshedsnot occupied as 

dwelling uwtaornotpmtofthe wain shactme Fox asubstantial improvementthe acndstarof 

conswction means the first alterntionofanywall ceiling floor orouter structuralpartofa 

banding whetherorno that alienation affects the exmmal dimensiors ofabunding 

s Stmcture 

meansawalld aMroofedbuilding 

manrrfmwredhome orgas orliquid 

smrage tankNat isprincipally aboveground 

t SObstrntialda means damage ofany originsustaind byasducvvewhereby 

tlm wet ofrestocivg the snvcauemits before damaged condition would equalm exceed SO 

pemen ofthe mazke valueofthe structurebefoxethedamageoccurred 

u 5ubstantial 

vnpcovemenC means my rewnstructio4 rehabiEtatio4 addifioq or 

other improvementofastructme the can ofwbich oc equals excwds50percent ofthe mazket 

value ofthe stmcavebefore the startofwnstruction ofthe improvement This term includes 

swctweswhich haveivcumd substantialdamage regardless oftheactual repairwork 

performd Theterm duesnot howeven inetude 

1 Myproject forimprovemevtofaamucave tocorremeeisdng violationsofstateor local healtt sanitary orsafety codespecifications wbichhavebeen idemified bythe local wile 

enforcement official and whichareHe minimumnecessary to assure safe livingconditions 

2 Any alterationofa historicstructure pmvidd NatHeal 

eratiomwillno 

preclude the smrcmre scontinueddesigmtionasshis micstructure or 

3 Any improvementmastructure wbichis considerednewwnstmcriom v Nazi wmeansagmvt ofrelief@omthe standazds ofthisCOde consistent wiNHe 

vanavicewrulitiovs herein 

1308 06LANDSTOWHICHTffiS CODE APPLIES 

This Code shall applym all areas ofspecial flodhazaN within NejurisdictionoftheCity ofLakewood 

1308 WBASISFOR ESTABLISHING THE AREAS OFSPECIAL FLOODHAZARD 

The areas ofspecialHoedhavM have bran identifidbythe FederalEmergency 

Management Agency inascievtifio andengineeringrepoRen itled Ploodasuravice Btudy thr 

He City ofhakewood 

Thisstudy with accompanying Flood Bomdary and FloodwayMapsand orFlood InsuranceRate Maps dated February19 8and nayrevisionstherto ishuebyadaptedby reference and declaredto beapart offhisCode TheFloodInsurance Studyis on fifeat I26S0 

DetroitAvwuq Lakewood Ohio4410 2 The musualaM rapid accumulation orrunoffofsurface waters from any source 

i flood Insurance RateMap FIRMmeans anofficio mapon whichthe Federal 

ErergencyMamgemem Agency bas delineated theareas of special floodbeard 

j Flood lvsuranw Smdy means Ne officialreportinwhichthe Federal Emergency 

Martagcment Agency has provided floodprofiles floodwayboundariesand the watu surface 

elevationsofthebaseflood 

k Flvodway means the charnelofariverorother watereomseand the adjacent land 

areasthat must bereservedinordertodischarge the basefloodwithout cumulatively imceasing 

the watersurface elevadov morethen ovrhatffoot 

I HistoricStmcnve means any structureHa is 

1 Lismd individually inthe National Regis uoFHistode Places a listug 

aivmindbytheUS Departrnwtoflntdor orpreliminarily demrmined bytheSecretary of 

the Interioras meeting therequicemenss farindividual listings on the NadovalRegister 2 Certified orpretimirmrilydetermined by He Secretary ofthe Interior as 

contributing to the historicalsigvifiwme ofaregisteredhistoric districtoradistrict prelmrimrily 

determined by the Secrerecy to as qualify aregistereAhistoric district 

3 Individually listedon estateinventoryofhiaocicplacesivsmtes withhistoric 

preservation programswhichrave been approved by the Secretaryofthe Ivmrior or 

4 Individually listedon alocat nvenmryofNs oric placesincornmmdtice with 

historicpreservationprogamsthathavebeencertified either 

A By av approved stateprogrmnasdetemrined bythe Secretaryofthe Interioror B Directlybythe Secretaryofthe HteriorinstateswiNCU approved programs 

m Lowes flooc means the lowestflooroftbelowes enclosd areaCclnding 

basement Anunfinished orfloodresinant enclosure usable solelyforpacking ofvehicles 

building access ocsmmgs ivan area otlrerNanabazemem area istut wnsidered abuilding s 

lowestfloor providedthat suchenclosureisbuilt inaccordame with theapplicable design 

requhemevh specifiedinNis chapterfor enclosures below the lowestfloor 

n Manufacturedhome tins oneormore astructue 

transportable in swtions which 

is builton apermanent chassis and is designed forusewiHorwithout apermanent foundation 

when correctedm the required utilities Tneterm manufactured homedoes not includea 

4ecreatiomlvehicle 

o Manufammed bnmepazk orsubdivision means apazcelor contiguouspazcels of 

land dividedinto two ormore 

manufmvved homelotsforrentorsale This definitlon shell 

ezclude any manufacturedhome pack azdefinedin Section33 01ofthe Ohio Revised Code 

forwhichthe Public HealthCouncilhas eidusive rule making power 

p New onsavctiev means stmcnuesforwhichthestartofwnstmctiav 

commenced 

onorafter the wtial effective dateoftheCity ofLakewood sFlood Ivsumme Ram Mapand 

mcludes anysubsequrntimprovemenss tosuch structures 

q Recreationalvehicle means avehiclewbichis 

1 Builtonasingle chassis 

2 400squarefee orlesswhen measuredatthe tazgesthor 

ovtalprojectio4 

3 Designedm beself propelledox pemmvently towable byalight dutytruck and 

4 Designedprimarily notfor useasapeomanen dwellingben as empomry living 

quarters for recreational camping asvel ox seasonal use 

1309 08COMPLIANCE 

Unless specifically exempted from filing foradevelopmentpermitustatedinSection 1308 13mstrucureorlandshall hereatierbe located erected wmtruc drepahed extended 

nverted Wazged oralteredwithout fiWcompliancewith Ne terms ofthis chapter and all othu 

applicable regulations wbich applyto useswiflsinthejmisdiction oftlilsCade 

3308 09 ABROGAT ONAND GREATER RESTRICTIONS 

thisCodeisnot intmdd mrepeal abrogateoimpair any exinivg easements covemuss 

ordeed resMcfiovsHowever wheretltis Codeand other Codeordinance easement covenant 

ordeed restriction wvflictoroverlap whicheverimposes He morestringent resHctiorss shell 

prevail 

1308 10 INTERPRETAT3ON 

inHcinterprefationand applicationofthisCode all provisions shall be 

a Considered asminimumregnicemmts 

ro Liberally consvuedinfavor ofthe govemivgbody and 

c Deemed veiHuto irvtnorrepeal any other powers grmted understatestanrces 

VJhece aprovisiovofthis Codemaybe inwNEnwith astate law such statelaw shall take 

precedence overtheCode 

1308 11 WARNINGAND DISCLAIMER OFLIABILITY 

Thedegreeafflodprotecdon cequved byNis Cade iscoreidemdreasomblefor 

regulatorypurposes and isbasedonscientific and engineering considerations Largerfloods can 

andwill occuronrme occasions Flood heightsmaybeincreasd bymm rmdeorvaNml seaThisCodedoes notimplythatlavd outside He areas ofspecialfloodhazedoruses permitted withNsuchareaswiR befree from floodingorflood damages IbisCode shallnot 

createliability on Helurt of He L7ryofLakewood anyofficer oremployee Hereof orthe 

Federal Emergency Mamgemem Agency foranyfleoddamage thazresultfrom relimce onHis 

Codeoranyadministrative decisionIawfWlymade therewder 

1308 12ESTABLISHMENT OFDEVELOPMENT PERMIT 

ADevelopmentPertvitshall beobtaivdfrom the Building Commissioner before 

wmwctionordevetopmevtbegins widtinany azeaofspeciel floodhazard establishd in 

Section 1308 0Applicatlon foraDevelopment Penni shall bematleon formsfmvishd bythe 

BuildingCommissioner and mayinclude but notbelimited tosite specific topographic plans 

dmwnm scaleshowing Ne miens Ibcation dimensions andelevations ofthearea in question 

existing orproposd structuresfill storage ofmaterials drainage facititles and Ne Iomtion of 

He foregoing ThefoOowivg informetionisrequhed 

e Elevationinrelation tomeansealevel ofthelowestflooq ivduding basementofall proposed strucvres wherebase floodelevation dataare utilized 

b Elevationinrelatlon tomeansea evelmwbich inrypmposd stmeture wnlbe 

floodpcoofed wherebasegood elevadov damareutn ed 

1 c Certification byaregisterd professional engineer oraxctiten tbat He floodproofing 

methods forany nomesidendal structuremeet He floodproofingcriteria inSecKov 1308 196 

wherebase flwd elevation datameutilized and

d Description oftheextentto whichanywatercoursewillbe altered ortelocazedas a 

resWofproposed development 

1308 33EXEMPTIONFROMFII 

hYGADEVELOPMENT PERMIT 

AnappGcation foraDevelopmentPermit shallno berequired for maintenanceworkmch 

as rooflvg painting andbasementsealing orfor small developmert activities except forilling 

and gmdivgvalued az less thanone Nousmddollars51 000 

1308 14BUILDINGCOMMDSSIONERDESIGNATED TheBuilding Commissioner ishemby appoimedto administer andimplement Nis Codeby 

grantingordenying developmentpermitapp4ca iovsinaccordance withits provisions 

1308 15DUTBBSAND RESPONSIBRIITES OF THE BUDDING COMMISSIONER 

The dutiesand resportsibilidu oftheBuilding Commissioner shallinclude but am net 

limited m 

e Permit Review 

I Revlewall developmentpecmi4mdete meNatthe pemilt mquiremmts oPtlds 

Codehavebeen satisfied 

2 Review ail developmentpermitsto assure thaz all necessary permitshave been 

eivMfrom Nosefederal state orlocal govemmmtalagenau from whichprior approval is 

required Theapplicant shall berespo ible farobiawivg suchpermits asrequired including 

permits issuedby theDepartment oftheArmy underSection0ofthe Rivers avdHazbors Act 

and Sxtion 404oftheClean WatuAct 3 Review all developmentpenniss tode ecmineif theproposed developmentfr 

lomtedwithin adesigtated floodway Floodways me deWeatedmNeFlood Boundaryand 

FloodwayMap ortieFlood Insurance RateMapofthe Flood Irsurance StudyFloodways may 

also bedelinmted mother souroesofflood information IfNe proposed developmentislocated 

wiNwadesignated floodwaXassure Nat the enmoachmmt provision ofSecfiov 1308 20eis 

met 

b hrformatiov tobe Obtainedand Maintained Wherebase flood elevation data aze 

s Flood Iasumnce Rate 

utilized witlnvareas ofspecial flood hoard onthe CityofLakewood Mapregardless ofthe source ofsuchdata Ne followdng provuivvsapply 

1 Obtain andrewrdNc acmmtelevatiov inrelatiovmmeansealevel of theIowa 

flooq including basement ofall neworsubstantially improvedstructures andwheNmornot such swcnueswntainabasement 

2 For alt newormbstavdally improvedfloodpmofed savcmres 

A Verifyandrecordthe actualelevation inrelation to mean sealevel towhichthe structure was floodpmofed and 

B Maintain the floodproofing certificaGous requredinSectionI308 12 c 

3 Maintain forpublicimpection all recordspermiviug totie provsiovs ofthis 

chapcer 

c AlceranovofWatercourses 

1 Notifyadjacent communities andNe Ohio DepartmentofNatumlRuomces 

DivisenoWater prior oany alterationorrelocation ofawacerevurse and submit evidenceof 

mch notificationmthe Fedmal Emergency Management Agency Awatrcoutse isconsidered m 

be alteredifany damageoccws withiniss banks 

1308 1CONDITIONSFORVARIANCES 

a Generally vaziancesmay beissued fornewcovsavctionand substantial 

vnprovements m beerectedon atot ofone halfacreorLess insizecontiguous toand surrounded 

by lots wiNexistingstructures croswetedbelow the base floodlevelproviding items1 tluoughI1 of Section 1308 16dhavebeen fWly wvsidemd Asthelot sae wcrmses beyond 

the one halfacre thetechnicaljustificanov raga vedforisswng Ne variancesivcrxases 

b Variancesmay beissuedfortherepa v orrehabilitationofMsroric structures upona 

demmilmfion thatNeproposed repairorrepabditatiov will not preclude the snucture s continued 

designation as ahistoricswcnueandthen ceis Ne minimumvecessarympmservethe bismriccharacter and an 

deignofthe structure 

c Variances shallvo beissuedwithin mydeigvated Floodwayifany increase mflood 

levels duringbase flooddischazge would result 

d Variances shall oNy beissued uponadeteminationthatthe varianwis the minimum 

n wssmywasideringthe flood hazazdm e 

affordrelief 

e Variance shalloNybe issuedupon I Ashawing ofgoodmdeufficimt cause 

2 AdeterminatlonNazfailuretograntthe variance woWdresult inexceptional 

hardship totheapplicant and 

3 Adeterruivationthatthe grantingofavariancewillnotresultinincreased flood 

Nights beyondNot whichaallowed m Nis Codeadditlonalthreats to publicsafetg 

exnaoNivary publicexpense creaze nuisance cause fraudon orvictisnmGonoFNepublic as 

identified inSwtlon 1308 16d orwrtflic withexisting locallawnorocdivavices tJ Anyapplicantm whomavanavicejgranted stallbegivenwritten notice Natthe 

structure wiflbe permittedm be6WltwithaLowestflood elevation below Ne base flood 

elevation andduthe cost offlood insurancewillbewmmevsummwith Ne wereasedrisk 

resultingfrom the reducedlowertfloor elevation 

1309 19GENERALSTM DARDS 

thall areas ofspecialfloodhazards the fo8owivg standards are required 

a Anchoring 

I All newwnstructiov andsubstantial improvements shall beanchoredto prevent 

flotation collapse orIamralmovernmtofthe mvcmre resetting 5om hydrodynamic and 

hydrostatic loadsincludingNeeffectsofbuoymcy 

2 Allmanufacvuedhomesne oNerwiseregulated bythe OhioRevised Code 

permirdvg mmanufav ured hpmepazks shall beanchoredm prevwflotation collapse orlateral 

movemev ofthe structweremtting from tie hydrodynamic and hydrostatic loadsivdudivg Ne 

eBecss ofbuoyancy Methods ofanclmring mayinclude butazenot tobelimited m useofovm Ne raporfi mvetiumgrouM anchors 

b Constructien NmterialsazWMethods 

p All new consmretiov and mbstantiatimprovemmis shallMwnsfructedwith 

materialsresistant toEooddamage 

2 Allnew construcMnand mbsmvtiW improvementsalsallbewvstructed using 

methods andpractices Nat mmimim flooddamage 3 AEnew conswcMn andsubsmntial improvementsshallbewnshvcted with 

elctricalheatingventilation plmnbivg and airconditiordng equipment and other service 

f1 

2 Maintin engineering documenrazion required inSection1308 12 c Nat theflood 

canyivg capacity ofthe altered tic relocatedportion ofsaid watemomsewillnot bediminished 

3 Require Natvecessarymaintmanwwill beprovided forthe alteredorrelocated portion ofsaidwatercourse so Natthe floodcazrying capacity willnot be dimwshed 

d lnterpreta ion oFFlcod BcurWaziu Makeinterpretavovswhereneeded as to Ne 

exact locationofthe bowdaaesoftheareasofspeial floodhazazd for examplewhere there 

appemstd beacovflim betweenamappedbomdary and actualfield conditions Wherea map 

boundary andelevations disagree Ne elevatlorvsdelineated inthe flood elevation profile shall 

prevail The personwntestivg the locationofthe bouvdmy shallbeglom areasovable 

oppormoitymappeal Ne irterpretatiev asprovidedinSectim 1308 16 

1308 16VARIANCE PROCEDURE 

a TheBoazd ofBuildivg Standards and BWldivg Appealsshall hearand decide 

appeals and requests forvaziances from Ne requvemmts ofthisCode 

b The Boazd shall hear and decide appeals whenillsallegedNere isanerrorin any 

requirement decisionordecemrwation madebythe Buildmg Commissioneriv theenforcemev 

oradmiwstrafion ofhisCode c Those aggieved bythe decisionoftheBOartl oranytazpayeq may appeal such 

decision mthe Couh ofCommonPleas ofCUyehoga County asprovided ivChapter 2506 ofthe 

Ohio Revised Code 

d thpasswg upon mchapplimnonc Ne Board shallmvsiderall technical evWuanovs 

all relevmtfactors standazdsspecified inothersections ofOds Cade and 

1 Thedanger Nat materielsmaybeswept ortvoNeriands toNeijury ofothem 

2 TMdmgmmlSe and propertydue toFlooding orerosion damage 

3 ThesuscepfibiliTy oftheproposedfatilt y andits wmentsmflooddamage andNe 

effectofmchdamage on theindividuatovmer 

4 Theimportmce oftheservicesprovided bytheproposed facilitymNe 

community 

5 The availabilityofalternative locations forthe proposed usewhichare not subject 

to floodingorerosiondamage 6 Thenwessityto Nefacility ofawaterfrovtlocanm where applicable 

ThewmpatibiliTy oftheproposed usewith existing and anticipated developmevq 

8 Thexelanowhip ofthe proposed usetothe comprehensive plan and floodplain 

mavagemmtprogram forthaz area 

9 The safety ofmcess toNe property intimesofflood forordinazy andemergency vehicle 

10 Theexpected heighh velocity durationrateofrise and sedimentaao 4portof 

Ne Floodwaters mdthe effects ofwaveaction ifapplicable ezpecced attie aimand 1l The costsofpcovidivg govemmevW satiresriming andafter flood conditiorvs 

includingruWncevanceand xepanofpubtic uWitiu andfacilities such assewer gas electrical 

and warm systemsand streets andbridgu 

e Upon considerationofthefactomofsubsecriondMmof andNe purpose ofthe 

Code the Boardmay attachsuchwnditions mtie gmntivg ofvarimces asit deems necessaryto 

Earthen Ne purposes ofthis Code 

f The Building Commissonmshall maintainthe records of all appeal actions andreport 

any variances m theFederal Emergency Mmagement Agency upmrequest 

facilitiesNat azedesigned and orlocated so as toprevent weer from enteringoraccumWating wiflilnthewmpovenssduringwnditionsofflooding 

c Utilities 

t All newand replacavmt watermpply systemsshallbe designedmmrvimize or 

eliminate infilitatiovoffloodwaers into the systems 

2 New and xeptecemmt sanitary sewerage syacemsshall bedeigned m minimizeor eliminate iv5ltcation offloodwaters trim the systemsanddischarge fiom Ne systems irtothe 

flood watersand 

3 Individual waste watertreatmentsystems shallbeIota edmavoid impairmm 

them orcovtamivatiov fiomthem during flooding 

d SubdivisionProposals I All subdivisionproposals including mmufacnuedhome mbdivisibvs shall be 

wasistm withthe need mmirwnae flooddamage 

2 Ailsubdivision proposals includmgmmufmmredhome subdivisions shallhave 

public unEMsandfacilities mchassewn gas electricaland water systems located and 

constructedto mwimae flooddamage 3 Allmbdivisibvproposals 

tortudivgmanufattenedMme mbdivisions shallhave 

adequam dmivage provided toreduce exposuretdflooddamage and 

4 Base Flood elevation data shallbeprovidedfor subdivisionproposals hmluding 

manufacmredhome mbdivisions and othmproposed developmentswhichwvmin azeast50 

loss err 5 acres whichever is less 

1308 19SPECHtICSTANDARDS 

th all mess of special floodhaaNs wherebase floodelevaMv datahave beenpcovided as 

setfoxthm Secdon1308 

0 the foPowivgprovisions are requhed 

a ResidentialConstrucfloa Nevi constructlon andmbstantiW improvementofany 

residential strucnve shall havethe lowest floorincluding basemmS elevated roorabove the 

baseflood elevaiou 

b NomesidevtiW Covstructiov New mvsnvction andsubsimtial Mprovemmt ofany 

commercial wdustriW or othmnonresidential structure shall either haveNe lowestfloor 

including basemmS elevated tothelevel ofthe baseflood elevaMnortogether with attendam 

utilityand santaryfaciliriushall 1 Be floodpmofedso Na below thebase floodlevelthe structure iswatmtightwith walls substantially impermeable to thepassage ofwecer 

2 Haveshuduml components capable ofresisting hydrostatic and hydrodynamic 

leadsand eRecssofbuoyancy and 

3 He certifiedbyaregis ered professional engineer tic azchimctNat the design and 

methods ofcovstructiovare inaccordance wiNaccepted standads ofpmctice formeeting the 

stavdads ofhis subsection Stirchcertification shall beprovided m theofficial as setforth m 

Section 1308 12 c 

c AccessoryStructures 

1 An ezempfion toNe elevaflov ordry ficodproofingstandards may begrantedfor 

M accesmry struvhveegsheds detached gazagescontairdng5fisquare feet orless thgross 

floorarea Suchswerves must meet the encroachmentprovisions ofSmnov1308 20aandtie 

foEowingadditlonalstandards A They shall notbeusedfor humanhabitation

H Theyshallbe dceigned to havetow flood damage potential 

C They shallbe covswcted and placed anthebuilding site w az woffs the 

minimum resismncc mNeflowofflood waters 

D They shallbefirmly amhoredto preventflotation and 

E Service fecditice suchaz elecvicaland heating equipment shall beelevatedor 

flcodproofed 

d Mavufacaued Homes andRecreatloval Vehicles Thefollowing standards shall 

applyto all newand substantially improvedmanufactwedhomes notsubject tothe manufactured 

home regWremevis ofSection33 01Ohiv AevisedCode 

I Mavufcwedhomesshall beancheredinaccordavce withSection1308 18a2 

2 Manuticmredhomes shall beelevatedonapermanentfomdationsuchthat the 

owcetflmrof hemanufacnued homeis atWe base flood elevation 

Thesesfavdazdsalso applytorecreational vehicles Natare either located onsites for 180days ermore orazenotfullylicensed andready forhigfiwayuse 

e Enclosures Belowthe Lowest Floor The fallowing standards applym all newand 

substantially improvedrceidrntiW avdmmceidential stmcmreswhichme elevaedto the base 

flmd elevation usingpilings columm orporn Fullyenclosed areas belowthe lowest flomthat 

are usablesolelyforparking access or ofvehiclesbuilding smmge inan azeaoNer thana 

basemem andwhich are subject m flooding shall bedesignetl bautomatically equalize 

hydrostatic floodforcesonexteriorwallsbyallowing foethe entry and exitoffloodwatem 

Designs Cor meetingthis requirement mart 

1 Be certiRedby aregismredprofessional engineer ocarchitect a 

2 Must meetorexceedthe followingcriteria 

A Aminimumof wo openings having atotal netareaofnot less than one square 

inchfor everysquaze foot ofendosed area subjectb flooding shallbeprovided 

B Thebottomofalloperdngs shall hemhigher than one footabovegrade Openingsmaybeequippedwith screens lowers valves mother openings provided thatthey permitthe automatic entry and exit offloedwaters 

1309 20 AREASWITHFLOODWAYS Ile Flood InsuranceStudy referenced inSection 1308 0identifiesasegment wihinazeas 

ofspecialflood hazaN known aza floodway Floodwaysmay alsobedelineated motherseurces 

offlood informationThe floodwayis anextremely hvaMous mendue bNe velocityofflood 

waterswldch carrydebrispotentialprojectiles and erosion potential Thefollowing provisions 

applywi0sin WI delumazedflmdway areaz 

a ProhibitencroacFunentq includingfill new coriswctioqsubstantial improvements 

and other development unlessahydrologic andhydcaWic analysisperformed m accordance with 

shmdazdrngineering pcaeticesdemonstrates thatthe proposed encroachmentwould notrecutin 

any increasem floodlevelsduringthe oceunenceofthebase flooddischmge b Ifsabsection ahereoftrsatisfied all newwmtructionandsubslaritial 

improvements shall comply with WI applicable floodhazardxedmtionprovisiom ofSection 

1308 19 

c Any enccoachmmtwithin thefloodway thazwoWdresultinav inereazein baseflood 

elevations canoNy begranted upontheprior approval byNe Fedemt EmergencyManagement 

Agency Such requests mustbe submitted6t Ne BufldingCommissienerto the Federal 

10 

i Ensure hat the flood smrage and conveyance fimc6om of the flvodplaln are 

maintained 

j Minimize the impact of development ov the mtural beneficial values of the 

flmdplaln 

k Prevent fleodplWn uses that are either hazmdous or envhormtontally incompatible 

and 

1 Meet coumudty participation requvemems of the Natioml Flood huuravice 

Program 

1308 04 McWOds ofReducivg FloodLoss 

In ordertoazcomphsh its purposes Neu regWatiovs include me0mds andpmvisiossfor 

s Aes rictivg orprohibiting uses which azedangerous b health safety and property 

due m weerluzazds or which result iv damaging iveceases m flood heights or 

velocuies 

b Aegwring lest uses vWnembleto floods including fmilitles which serve such uses 

beprotected againstRoaddamage atthe tuneofinitial comwctiov 

c Comrollivg the alteration of vawal floodplaims stream Wumels and nahval 

protective barriers whichhelpaccommodate orchanrvl floodwaters 

d Conholling 511ing grading drNging excavating and other developmentwhich may 

increaseflooddamage and 

e Prevcvvhg or regulating the coruauction of flood barriers which will urmanually 

divert Roodwatersorwhichmayivcreaze flood hazards wothermeal 1308 05 Lavtls toWhich These Regulations Apply 

These regWations shalt applytoall areasof special floodhazard withinNejurisdictiov of 

the CityoLakewood az identified in Section 1308 06including anyaddifional azeas of 

specialflood hazardamexedby CityofLakewood 

1309 06Basefor EsNbOShing theAreas ofSpecial FloodHaard 

Forthepurposes ofthese reguations the following studiesand or maps azeadopted 

a Floodruwamce Study Cuyahoga Count Ohio and ncorporared Areas and Flood 

nsanance RareMq Cuyahoga Counry Ohio and ncarporared Arens batheffective 

December 3 2010 

b Otherstudies and or maps which may berelied uponfor establishmentofihe Rood 

protection elevazioR delimaGonofthe 100 yearfloodplaiq floodways ordalineatim 

ofoNaareas ofspecial flood hazard 

c Anyhydrologic and hydraulic engineering analysis authored byaregistered 

Professional Engineer mthe StateofOluowhich has been approved by theCity of 

Lakewood azrequiretlby Saxon43Subdivisions aMLarge Scale Developments 

12 

Emergency ManagementAgency and moomeet therequ uements ofthe NationalFlood 

insuranceProgram 

1308 99PENALTY 

Whoevmviolates any provision ofthisCode oSany tale orregmationpromWgated 

heceundeq Orfailsto comply huewith orwith any writtennoticeaorderissued heremderis witty ofamisdememor ofthe first degree Each dayarchviolation Occursmcontinues woccur shall constltuteasepara eoffense 

Shalt beand is hereby amended toread az follows 

1308 01 Titles 

Theprovisions ofthischapter hereinafter refereedto asthtr Codeshall beknownaz the Flood DamagePrevention Cadeofthe City ofLakewood 

1308 02 Findings ofFdct 

The City of Lakewood haz special flood hazard az as lira aze subject W periodic 

inundation whichmayrecutiv loss oflife andproperty healthand safety hazardsdismption of 

commerce and govemmenial services exhaoNwary publicexpeWitures forflood protectionaffi 

relief andimpainnerd ofthe tax haze Additiomlly structures that are inadequately elevated 

floodproofed or otherwise protected firm flood damage Wse contribute m the Flood loss fr 

order NvdWmize the threat ofsuch damages andto achieve the purposes hereinaRer setforth 

these xegutatioos are adopted 

1308 03 Statement ofPurpwe 

It isthe 

purpose of these regulations to promote the public health safety and gemml 

welfe andto 

a Protect humanlife and hea1N 

b Minimize expeMimce ofpublic money for costly flood eonvol projecta 

c Mudmize the need fm rescue and reliefefforts azsociatdwith flooding and 

generally undertakenathe expense efNe general public 

d Minimize prolongedbusinessinterruptions 

e Minimize damage wpublic facilities and utilities such az water and gas mains 

electric telephone and sewer lines swats and bridge located inareas of special 

flood hazard 

O Help maintainastable tax base byproviding for the proper use and development of 

meazof special flood hazed so az m protect propecry and minimize future flood 

blight areas 

g Ensure that densewho occupy Ne areas ofspecial floeduazmd azsume responsibility 

forNev actions 

h Minirtdze the impact of development oa adjacent properties within and near flood 

prone azeas 

Avy revisions tothe aforemevdonedmapsand orstudies aze hereby adoptedby 

refce anddeclared robe apartoftheseregulations SUCK maps and or 

on file atthe CityHWIat12650 Dewit AvenueLakewood Ohio 

studice me 

1308 0Abrogation and GreaterResMctions TheseregWatiovs amnotintendNto repeal any existing ordinances including 

subdivisionregulations zurdng orbWlding modes Inthe eventofawdlict between these 

regalatiom and any 

oNu ordinance themorerestrictive shallbe followedThese 

reguations shelluetimpav any deed restrictioncovemrrt oreasemrnt butthe laud 

subject to suchinterests shall alsobe governed by theregWeaons 

1308 08 Ivterpre atiov 

In the intecpremtionandapplication oftheseregulatiors all provisions shallbe 

a Considered as minimum regwrements 

bLiberally cvustrued infavor ofthe governing body and 

c Deeruedneithertolimitmrrepeal any otheepowemgrantedorder statestatutes 

Whereaprovision ofNese regulations maybe ivwnflictwithastate orFederal law 

such state orFWemllaw shalltake precedence overthese regulazions 

1306 09 Warning andDkdaimerof Liability 

Thedegree offloodprotec ionrequired by these regulatlons is wrvsidered reazonablefor 

regWatorypmposceand ishazedonscientific anderi neecing covsideratiovs Larger 

Roods canandwilloccur onrareoccasions Flood heights maybeincreased by 

madeornatural causes TheseregWatiorvs donotimply thatland outside theazeasof 

special flood hazaWorusespemvdedwithin such areaswill beflee flomflooding or 

Rood damage TheseregWafiovs shallnotneate IiabiEty on thepmt ofNe Cityof 

Lakewood any ofTiceroremployee thereof ortheFederalEmergency Management 

Agency forany flooddamage thatresultr from relianceon thesereguations or any 

administrative decision lawfullymade thereunder 

1308 10 Definitions 

UWess specifically defined below wordsorphrasesused in Huse regWations sha0be interpreted 

asto give them the meaning Nay havein common usage andto give these regulationsthe 

mostreasonable application 

aAccessory Stmcture means aswcture on Ne same lot with and ofammre customaNy 

incidentaland subordinamto theprincipalswcwe 

bAppeal means arequemm review ofNe floodplain admivisnatoi sivterpretatiov of any 

provision ofthese reguatiens orarequenforavariance 

n cJ Base Flood meam the floodhaving aone percent chance ofbeing equaled orexceededin 

any given year The base flood may Wso be referzed to az Ne 1 chance amuW floodor 

one hundred 100 yeaz flood

d Baze 100 yeaz Flood Elevation BFE means the wazer smFace elevazionof the base 

flood mrelafion m aspecified damns usuallyNe Natiomt Geodetic Vertical Damn of 1929 or 

he Nash American Vertical Dazmv of 1988 and usually expressed in FenMean Sea Level 

MSL In Zove AO azeaz the base flood elevaiov is Ne natural grade elevation plus the depth 

numberfrom t m3 feet 

eBasement means any area ofthe buildurg having its Moor subgmdebelow ground level ao 

all side 

fDevelopment means any marwade chmge to improved or udmproved real estate 

including branot limited m bWldivgs or other structures mbdvg dredging filFvg grading 

paving excavwov m drilNrg operntlovs orstorage ofequipment ormaterials 

gEnctosme Belowthe Lowert Fluor see CowartFlom 

mExecutive Order 11988 Fleedplain Management means the executive order issued by 

President Carterin19Nis order requires that vo federally assisted activities be covducmd in 

urbane Ne potential m affect identified spww flood hoard areaswless HereU nopmctiwble 

alternative 

i Federal Emergency Marragemevt Agency FEMAY means the agency with the overall 

msponsibiliryforadminismdvg the NatlonW Flood insuranceProgram 

j Fill means a depositofearthmaterialplaced byartiflcial means 

k Floyd o Flooding m ens a general and temporary condition of paztiW or complete 

inandatiyv ofvotmally dry laud azeaz from 

1 he overflowofinland ortidW watersand or 

2 ILewusuW and rapid accumWationormvoffofsurfacewaters from my source 

1 Flood Haaard Boundary Map FHBM means the weal map produced by the Fedemt 

Emergency MavagemmnAgency orUSDepasment ofHOUSmg and Urban Developmentfora 

wmmunity depictingapproximate special floodhazard areaz 

m Flood Ivsumnce Bate Map FIRM means an official map on which the Federal 

Emergency Marmgement Agency ortheUS DepartmentofHousing UrbanDevelopment has delineated the azeaz ofspeciWfloodhazard 

n Flyod Insurance RiskZones means zonedesignaziyvs onFHBMsand FIRMS that indicate 

the magrdwde ofNe flood hazard in specific areas of a wmmurdty Fallowing are the zone 

definitions 

Zone A 

Special flood hazard azeas inundatedby Ne IOO ryeaz flood baseflood elevatioms azenot 

deermived 

sHism iC Nmcimo means any snvcturethatis 

14 

1 Listedindividually inthe NationalRegister ofHistoricPlaces alistingmaivmvred by 

Ne US DepamvenofInterior ox preliminarily detemdned by Ne Secretary ofNe 

Interior as meetwg the regWrements forindividual linings ov Ne NationalRegister 

msinarily determned by the Secretary ofNelnvsior az wntributing 

to the historical significanceofaregistered hirtodc districtoradistrictpreliminarily detemuvedby the Secretary m qualifyas aregismredhirtoric districtor sinventory ofhinoric placesmaiv aivedby the Ohio HistoricPreservatiev Office 

2 Certified or prel 

3 IvdividuWly listed on the Stara ofOhio 

tHydrologic and hydraulic evgiveerivg analysis meets an analysis performed by a 

professional engineer registered inNe State ofOhio in accordancewith standardengineering practices as acceptedby FEMAusedode ecrWveflyodelevations and orfloodway bomdaries 

u Letter ofNap Change LOMC means a Letterof Map Change is an official FEMA 

determination by Inteq to amend or revise effective Flood Insurance Raze Maps Floed 

BomWazy and Floodway Maps and Flood Imurance Studies LOMCs are broken down into Ne 

follywivgcnegodes 

LetterofMav Amendment fl0MA1 

Arevisionbased on tecludcal datashowing Nataproperty was incymcfly includedin a 

designated spatial flood hazard area A COMA amends Ne resent effective Flood 

Insurance Rate Map and establishes that aspecific proPOrtY W not located inaspecial nyyd havr3area 

LinerofMaoRevis onfLOMRI 

Atevisionhazed ontechnical data Flm4usuallydue m manmade changes shows changes 

to flood zones 

flood elevafions floodplWv and floodwaydelineations and plavwetric 

fea mes One common type of LOMB aLOMR Fis a determination concerning 

wheher sstructure or parcel bas been elevated by 511 abovethe baseflood elevation end 

is therefore excluded from the special floodhazazd area 

Conditional LetterofManRev Sion lCLOMRI 

AforvW review andcomment by FEMA azto whether aproposed project complies with 

the minimum National Flood Ivsumnce Program floodplain management criteria A 

CLDMR does notamend mrevise effectiveFlood InsuranceAnte Maps FloydByandary andFlyydway MapsorFlood Lrsmance Swdies 

v Lowestflout means the lowest floorofthelowest enclosed area includingbasement ofa stmcnve 15s deflviflonexcludes anenclosure below the lowest floorwhichis anuvffished 

orfloodresismn enclosureusdble solelyforparking of access vehiclesbuilding ornmmgein m 

area other thanabasement area provided that such cvclosme is built in wrdavw wiN the 

applicable deign requ vemevss spwffied m these regWations for enclosures below Ne lowest 

floor 

w Manufacured home meareaswcbuetransposable in one ormore sections which is 

built ov apermaven chassis and H designed far usewith orwithouta permanent foundation 

ZonesA430andZone AE 

Special flood hazazd azeaz inundated by the 100 yeazflood base flood elevazior sace determined 

ZoneAO 

Special flood hazed areas ivwdamdby the 100 yearflood with Flood depths of 1 to 3 

feetusuallysheetflowonsloping tevaiv average depths are determined 

Zone AH 

Special flood hazaN areas inundatedby the100 yeazflood flood depths of 1 m 3 feet 

usually areasofponding base flood etevmiyns are determined 

Zone A99 

Special floodhazard areas inmdazedbythe 100 yearfloodmbe protectedfrom the 100 

yeaz flood a by Federal flood protection system under wmstructioq no base flood 

elevafions are determined 

Zone Band Zone Xshaded 

Areaz of500 yam Flood areas subject mthe 100 yearfloodwiN average depNS ofless 

than I foot yrwith contributing drainage area less than1 square mileand azeas protected 

byleveesfrom Ne base Flood 

ZoneC and ZoneXlunshadedY 

Areas determined tobeoutside Ne500 yearflyodpwv 

d Floodhmimvice SwdyFIS means Ne official report in which the Federal Emergency 

Management Agency ortheUS Deparmtent ofHousing and Urban Development haz provided 

flood profiles floodway bouridazies sometimes shovm on Flood Bymdary and Fooodway 

Maps andthe water smfaa elevationsof thebase flood 

pElood Protection Elevation means the Fleod ProtectiveElevatioq orFPE isthe haze flood 

elevation in areas whenno base floodelevatiovs minfrom any authoritative source the Flood 

pmmc6on efevaiovcan be hinoricW flood elevations or base flood elevafiyas deermined 

and orappmvedby Wefloodplainadrvinistraryc 

qFloodway meareafloodway isthe cfiaanel ofa marerother wamrwmse and the adjacent 

land areas Nat Gave been reserved in order to pass the haze flood discharge Afloodway is 

typically determined a fluovgh hydrauic and hydrologic engineering analysis such that the 

cumWative inereazem theweer surface elevaionofNe base Flood dsscharge is nomorethana designaed height In no case shall the desigva edheightbe more than one foot az any point 

within Ne community 

The floodway is en extremely havardous area and is usually characterized by any ofthe 

following Moderate to high velocity Flood waters high pmentiW for debrisand projectile 

impacts andmoderatem higherosion forces 

rFeebyad means afactyr ofsafety usually expressed m feet above a flood level for Ne 

pucpyses offloodplaimmavagement Freeboard endsto compensate for the many uWmown 

faztors tlmt coWdcovtribum m flood heights greamr than theheight calcWatedforaselected size 

fleod and floodwayco ditioas suchuwave actioq ybrtmdted badgeopenings debris andice 

jams andNe hydrologic eflbn yfmbaWzationinawatershed 

whey comremea m the requved utilities The teem manufactured home deer not include a 

recreaziovW vehicle For Ne proposes of these reguatons amanufacmred home includes 

manufactured homes andmobilehomes as definedinChaptm 3733 oftheOhio Revised Code 

z Manufactured Mme park has Ne same as meaning specified in the Ohio Administrative 

Code301 2Z 01amanufacturedhome park means any tractofland upon which tlvee ormare manufbcnned homes used frrhabitation are parked either fee of chazge or for revenue 

purpyses and includes any roadway bWldivg simcturevehiclq orenclosure used yrwended 

foruseazpert ofNe facilities of Ne pazk A tract yflaud that is subdivided andNe individual 

lots are not for rent or rented but are for sale or sold for the propose of inslallmion of 

manufictmed homes on Ne lots is not amanufacured home park evea Nough three yrmore 

manufacbved homes azeparked Nereoq ifthe roadways azededicatedmNe local government 

authority 

y National FleodInsumnw Program NFIPmeans Ne NFIP isaFederal program enabling 

property owners inparticipa ivgcommunities m pmchaze wsmance protection agawt losses 

from Flooding This insurance is desigoed to provide an insurance alternative ty disazter 

azsislmcetomeetthe escalating costsofrepairing damageto buildingsandtheir wntensscaused 

byfloyds Pasicipatlon in She NFIP is basedon anagreementbetween local wnimuvitiesandthe 

Fedew govemmert that statesifa community wiE adopt and enforce floodplain management 

regulations m reduce future floodrisks to all development ivspecial flood hazazd areas Ne 

Federal government will make flood insurance available within the community az a firiancw 

pmmction 9gainstfloodloss 

z New wuswetiov means struetmesforwhich Ne startofconsv reHonwmmencedon oc 

after thewtiW effective dateof the CityofLakewood Flood Insmance Ram Map Febmary 1 

198and includesanysubsequent improvementsm etchstructures sa Personmeans any individual orgroup ofindividuals corpymdoqpartnership associatioq 

any other entity including state and oral governments and agencies Ao agency is further 

defined inthe Ohio Revised Code Section 111 15az any govemmeviW entity ofthe state and 

includes but is not limited to any board depazmrent division comwssioq bmeaq society 

uvcil ivsdmtion state college oruniversity wmmvnity wllege district mclmicW college 

district or state wmmuvity wllege Agency does not include Ne general assembly Ne 

wnvollivgboard Ne adjutantgeneral s departmentoranywort bbRecreational vehicle meansavehiclewhiohisIbail ev asinglechassis 2400 square 

feetorlesswhey meazured nNe lazgest horizomW projection 3desgved tobeself propelled 

or permanently mwa6le a by light duty track and 4 designed primarily not for use az a 

permanent dwelling but as temporary living quaners for recreatiyml camping travel or 

seasyvWuse 

wRegistered Prof sienW Amhitatmeans aperson registeredto engage in the practice of 

architecture undertheprovisiovs ofsectiovs403 01m403 19ofthe RevisedCode 

dd Registered Professional Engineer means a person registered az a professional engineer 

1 enderChapter433of We Revised Code 

t

ee Registered PmfessiovW Surveyor meets a person cegismsed as a professinvW surveyor 

tinder Chapter4133 ofthe Revised Code 

ff SpecialFlood HazardAreaWso Imowm azAreas ofSpecial FloodHazazd means the land 

inthe fleedplainsubject to aone percentmgreater chmce offlooding inany given yearSpecial 

flood hazard areas aze designated by the FedmW Emergenry Management on Agency Flood 

Imumnce Rate Maps FloodinsuranceSNdies Flood Boundary andFloodway Maps aMFlood 

HavM Boundary Mapsaz ZonesAAEAH AOAl 3Q andA99Special floodhazard azeaz 

may alsorefer Narras Wet are flood prone and designated from other federal state orlocal 

sources ofdaincluding butnot limited to hisNrical floodinformation reflecting ldgh water 

marks previous flood ivwdation messandflood pronesails azsociamd withawaterwume 

gg Stmt ofcovshuition means the dare the bupding permit was issued provided We actual 

staz of wnsvuctioq repair r wrtstmctioq rehabilitatioq addition placervenS o other 

improvement was within 180 days ofthe permit date The actual start mesas either the lust 

pLtcemevt ofpermanent wruwc5on ofastructure on a stet such as the pouring of slab or 

footings the immWlation ofpiles the wnstructiov ofwlumns ormy work beyovd esingeof 

ovation orthe placement ofa manufacNred home onafoundation Penuavevt ortstmctlon 

doesnoinclude land prepamtiov suchas clearing grading and filling tardoes it include the 

insta5ation ofsheetsand orwalkways nordoes itindude exmvation forabazemev5 footings 

piers mfoundationsorthe erection oftemporary farms nor doesi include the irmNllatiovev he property of 

acceswrybuildings suchas garages orsheds notoccupied asdwelling units or 

not part ofthemain structure For a subsanntat impmvemen5 the actual startofcomtmction 

means the first alremtionofmy waEceiling floororothershuctuml part ofabuildingwhe hu 

ornot thatWmmtioh affectsthe extmWdimehsiovs hfabalding hh Structwe means a walled and roofed building manufactured home or gas or liquid 

somge linkthaz isprincipally above ouM 

iiSUbrtmtial Damage means damage ofany originsustained by asvvcpne wherebythetort 

of restoring the strucure to its before damagedwitiort would equal orexceed 50 percent of 

We mazket value ofthe svucnvebefore the damage owurcN 

jj SubsssvtiW Improvement means my reconstruc5ov rehabiFtaSoq addition or other 

improvement ofa shucNre the cosofwhich equals orexcceds 50 percent ofthe mazket value 

of the structure before the start of construction of the improvement Tlds teen includes 

structures which rave incurred subsfmtiW damage regardless ofthe actual repah work 

performed The term doesnoS howeverinclude 

1 Anyimprovementm ashucnneihazisconsidered newwnstmction 

2 Aayproject forimprovemmofastrucNre m cortect existing violations ofstate or 

localhealth sanitary orsafety code specifications which havebeen identified prior to 

the application faradevelopmrnt permit by the IocW code enforcement official and 

whichare the minimum assure necessaryto satSuing coMitiovs or 

3 AvyaI uatiov of a hismric smrctwe provided that the Wtuatiov would tat 

preclude thestruv ure scontinueddesignationasahismricshvcnve 1308 14 Application Required 

Anapplication faraflwdplWndevelopment permitshall berequ vedforall development 

activities located who5y within partially withiq orWcontactwithav idevtlfiedsperiW 

floodLazard area Such application shallbe madeby theowneroftheproperty orhisther 

auWorized agenShereinrefevedNazthe applicmSprior tothe actual commencement of 

such wrsstruction ov afarm famished for fhazpurpose Wherei is unclear whethu e 

developmm site is inaspecial flood hazard areq the Floodplaiv Administrator may 

requ ve an app5ca5on for a floodplaiv development pemilt to deterrne the 

development s location Such appiicatiovs shallinclude butvet belimited m 

a Bite plans drawnm scale showing the nature Iocatieq dvnensiorta andNpography of 

the azeais question the Iewtionofexisting orproposed strucnves 511 storage of 

materialsdrainage facilitiesandthe locationofthe foregoing 

b Elevationofthe exisdng nazmat groundwhere strucnves areproposed c Elevationofthelowest flooq includingbasemenS ofWIproposed svucnues 

d Such other material and ivformafion az may be requested by the Floodplaiv 

Advwdsvator e determine mvformance with and provide evforeemmt ofthese 

regWatlorm 

e Technical analysesconducted bythe appropriatedesign professional registered inWe State ofOhio and submi edwithmapplica5on for aflwdplain development 

when pemilt 

applicable 

1 Flwdproo5ng certification for vomresidentiW floodprcotd strucave az requ ved 

thSection45 2 Certification thazfully enclosed azeas below the lowest Floor of astrudwe not 

meeting thedesi regwremenss of Secfion4E are designed Nautomatlcally 

equalize hydrostatic floodforces 

3 Description of any uatereowseaI emfion or relocation tLat the flood canying 

capacity of the watercoursewillnot be diminished and mWvtevance asswavices 

as required inSection49C 4 Ahydrologic and hydraulic analysis demorts mtingthat the cumWative effectof 

proposed developmenS when combined with all other existing and mticipated 

development willnot ivcreaze the watersurface elevation ofthe base flood 

mthan 

by 

one foot inspecial flood harerd areas where the Federal Emergency 

Marmgemem Agency has provided base flood elevations but vo floodway as 

required bySecfion49B 

S A hydrologic and hydmudc mgineerivg analysis showing impact of my 

developmm on flood heigh4 in an identifies az floodway requved by Secfion 

49A 

b Generation of base flood elevation s for subdivision and largescale 

developinevtas xequved by Sectlon43 fA floodplain development permitapp5catiov feese bythe schedWe offees adopted 

bythe Cityoflakewaod 

1308 15 Reviewand ApprovalofaFloodplaiv DevelopmentPermi 

AppSCation 

20 

a 

kk Variancemeets thegentofrelief from the standardsofthese regulavogs consinentwith 

the variance conditions herein 

N Violafien means the failure of astructure orother development tobe tally comp5mtwith 

theseregulations 

1305 11 Designa5ov ofthcFloodplaiv Admivistntor 

The BuSdivg Commissioner is hmeby appointed Nadmwster and implement Nose 

regulations andErefdNhereinas theFlwdplaiv AdmiWstramr 

1308 12 Duties andRaponsib0ifies ofthe Floodplaiv AdmivisBa or 

The duties and responsibilities ofthe Floodplaiv Admirushamr shallinclude but aze not 

limitedto 

a EvWuam applicationsforpermi s to develop in specialflood heardareas 

bImerpret floodplain boundaries and provide flood hazard and flood protce5ov 

elevation wformation 

c Issue permits totlevelopin specialflood hazard areas whenthe provisions ofthese 

regWationshave beenmet ocrefuseN issuethesame mtheevenofnovcompliance d Impact buildings and laudsto determine whether my violations ofthese regWatiovs 

havebeen committed 

eMake and pecmmently keep all records for public inspection necessary for the 

admivishation ofthese regWations including Flood htswanceRateMaps letters of 

Map Amendmm and Revisioq records of issuance and denialofpermits to develop 

in special flood hazard areas determinations ofwhetter developmm is in out of 

special floodhazard azeas for the purposeof issuing floodplain developmeartpermits 

elevation certi5cams vazimces and records of evforrzmm actiom taken for 

violations oftheseregWatiovs tEntnrcethe provisions ofthese regulations 

g Provide informatioq testimony or othm evidence as needed during variance 

hearings 

h Coordinatemap maintnahceactivities and FEMAfollow up 

i Conduct substantial damagede 

errWnaSCnsto deremdnewhethu existing structwes 

damaged hour any source and in speiial floodhazard areaz identffied byFEMA must 

meetthedevelopmen stavdvdsoftheseregWaSons 

1305 13 Floodplaiv DevelopmmtPermifs 

It shallbe unlawCW far my personb begin corsswc5on or othudevelopmm activity 

including but not limited to filling grading construction Wtemtion rwodeling err 

alranding mY structure orWtmatien ofmY waterwmse wholly within Partially witlvn 

orin wnmct withany idemified spceiW flood hazard area az estab5shedinSectionlb 

anti afloodplam development permit is obiawed from the Floodplaiv Admwsira or 

Suchfloodplain developmentpavilt shallshowthatheproposed developmentactivity H 

ivmnforrWty withthe provisions ofthese regWatiovs No such permitshall betamed by 

theFloodplaiv AdnunistraNr untll the requirements ofthese regulationshave beenmet 19 

a Review 

1 After receipt ofa wmplete applicatioq theFloodplaiv Adminisrator shallreview 

the app5catwn to ensurethat the standards ofthese regWaSOUhave been metNo 

floodplaiv developmentpermitapplication shall bereviewed untilaU inbrmaton 

required N Section34has been receivW by WeFloodplaivAdministraor 

2 The Floodplaiv Administrator shall review aU floodpLdn develcpmmt permit 

applications to asswe maz WIvecessazy permits Lave been received from those 

federal state or local govermnenml agencies from which prior approval is 

required Theapplicntshallbe responsibleforobtaiWngsuch permitsazrequ ved 

includingpertniss issued bytheUS Army Corps ofEngineers wrier8ecfibn 10 

of5re Rivers and Hazbors Act and Section 404 ofthe CleanWater AcS and tM 

Ohio EnvirovmmW PmtwdonAgency under Sectlon 401 ofthe Clean Water 

Ac 

ro 

Within thirty 30 days after the receipt ofacomplete applicatioq the Floodplaiv 

AdmiWrtmtm shalleither approve ordisapprove the applicationIfan application is 

approved a floodplain development permit shall be issued All flwdplain 

developmem permits stall be conditional upon the commencement ofwork within 

ne1 yearA floodplaivdevelopmmtpermit shall one ezp ve 1 yearafter issuance 

unlessthepermitted activityhas been substmtially begunand isthereafter pwsuedo completion 

1308 36 Svspectiona 

ITe Floodplaiv AdmLilstra orshall make periodic Lupections at appropriate times 

tlvoughou the period of coasmtction th order m monitor compliance with permit 

wnditions 

1308 19Pos 

Covstruetiori Certifications Required 

The following asbWl certi5mtions are required after afloodplain developmm perrWt 

has been issued 

a Far newor svbstmtially improvedresidential strucNres ornomesidentiW swbtwes 

that havebeet elevated Ne applicant shalt haveaFederalEmergenry M agemenr 

Agersry Elevation Ceriifrcare completed by aregistered surveyor to record as built 

elevation data Forelevated swctiues inZone AaM ZAne AOareas withoutabase 

Flood elevatoq the elevation cecti5ca emay be completed bythe property owner or 

ouner 

saepresevmtive 

6 For WIdevelopmm activifies subject m the stmdazds ofSection310 AaLetterof MapRevis on 

1308 18 RevoidngaFlaodplain Development Perini 

Afloedplaln development pemd shaft be revocable if among outer things the actual 

developmentactivity does not wnformto the terms ofthe applicaton andpermitgranted

thereonla the eventoftherevocadonofa pemdR an appeamaybe takenmfhe Appeals 

Boardinaccordancewith Section 5 ofNese reguladovs 

1306 19 Exemption from Filings DevelopmentPermit 

Anapplicafionforafloodplain developmentpermit shall vat bemgnimdfor a Maivtenavce work such es roofing painting and basemem sealing or for small 

vonswcvual development activities except forfillwg and grading valued at las 

than 5000 

b Developmem activities m an existing orproposed manufacturedhome park that are 

underthe anthority oftheOhioDeparmremofHealth and subject tothe flood damage 

reductiongovisions ofthe OhioAdminisvative Code Benton3Ol c Mjorutilityfazfliaespemdtted bydteOiio Power Siting Boardunder Section4906 

ofthe OhioRevised Code 

d Hazazdous waste disposal facilities permitted by the Hazardous Waste SitngBoard 

under Section3Ti4 ofNeOdoRevised Cade 

e Development activities undertaken by afederal agency and which are subject to 

Federal Executive Order 11988 FleodplaivMavegemem 

Any proposed action exempt from filing fora fleodplain developmentpemdt isalso 

exemptfrom the standardsoftheseregulations 

1308 20 MapMaintenance Activities 

TomeetNadorml Flood hvsmance Program mihunvm requirementr to have flood data 

reviewed and approved by FEMA and m ensure thaz City of Lakewood flood maps 

studies and otherdata identified m Sation16 accurately represent flooding conditions 

so appropriate floodplain management criteria aze based on current data the following 

map maLrtenavice anivida are idenfified 

a RevuirementtoSubmit New TechnicalData 

I For all development proposals that impact floodway delineatioes orbase flood 

elevatiors the community shat ensure thaz technical datareflecting suchchanges be subminedto FEMA within su months ofthe date suchibrmazionbecomes available Thesedevelopment proposals include 

A Floodway evereachments that increase ordecrease base flood elevations oc 

alterfloodway bouMaria 

B Fill sites o be used for the placement of proposed smmtures where the 

appGcavodes vesto remove the sitefrom the specialflood hazard area 

C Alteration ofwazereoucsa that resultw arelocation or elimination ofthe special floodhazmd area including the placement ofculveris and 

DSubdivision or large scaledevelopmev proposals requiring the atabEshment 

ofbasefloodelevations niaccordance withSection43 

22 

any other source that reflect areduced floodway width an orlower base flood 

elevations ONer sources ofdata showing increased base flood elevations and or 

Iazeer floodway areas than are shown on FEMA flood maps and smdies shall be 

ovablyused bytheFloodptain Admivisaator 

c When Yrelimivary Flood Insurance Rate Maps and or Fleed Insurance Smdy have 

bcen providedby FEMA 

1 Upov the issuance ofa Loner of Final Determination by the FEMA the 

pmliminary flood Lazard data shall be used and replace aU previously existing 

flood hazed dataprovided from FEMAfor the purposes ofadministering these 

regulatiorvs 

2 Priorm the issuance of a Letter ofFhmLDetemdnafiov by FEMA the use of 

preliminary flood hazard data s6s11 only be required where no base flood 

elevadorvs and oc floodway areas exist or where thepre imhmry base flood 

elevations or floodway area exceed the base flood elevariocurand orFloodway widths inexistingfloodhazaM data provided from FEMA Such preliminarydata 

rriaybe sWjenochange and orappeal to FEMA 

d The Ftoodplain Admhdstrator shall make intecpremtions where needed as m the 

exact Ioatiov ofthe flood bomdaries and areas of special flood hazard A person 

contesting the determinariov of the location of the bouMzry shall be given a 

reasonable opportunity to appeal the interpretazion as provided in Section 50 

Appeals andVariances 

e Wherea map bouMazy showing avarea of special Flood hazard and field elevations 

disagree the base flood evations orflood protecCen elevations as fond on an 

elevation profde floodway data table established high water marks etc stall 

prevail 

1308 22 Substantial Damage Determinations 

Damages to swptures may resultfromavariety of causes including flood tornadowind 

heavy snow ffie etc Aftersuch adamageeventtheFleadplaiv Administratorshall 

a Determine whetherdamaged sirucvazs arelocated inspecial floodhazard seas 

b Conduct substantial damage determinadons for damaged structureslocated in special 

flood haaardarena anti 

c Make reasormbte attempt m notifyovmem ofsubstantially damaged structures ofthe 

need to obtain afloodplain development permit prior to repaiq rehabrimfioq or 

reconwctiom 

Additionallythe Floodplain Administrator may implement othermeasures toassistwith 

the substantial damage detemnnation end subsequent epah process These measures 

ludo is uing press mlena public s cements and other public 

ir fonnation materials related to the floodplm developmev pmmi s and repair of 

damaged structures comdinativg wiNother federal state acrd local agencies to assist 

with substantial damagede 

ermivadons pcovid mg owners of damaged structures 

materials and other irrformaflon related m the proper repair of damaged snucnues in 

24 

2 It is the responsibility of the apphcant to have technical data requited m 

azcordancewithecGov310 A prepared inafotmat required forhConditional 

Letterof Map Revision or Letterof Map Revision and submitted to FEMA 

Submittal and processing fees forthese maprevisiom shall be the responsibility 

ofthe applicant 

3 TheFloodplain Admirtistmmr shall requirea Conditional LetterofMap Revision 

prior mNe issuanceofafloodplaiadevelopment penvit for 

A PoposNfloodway encroaclunrntr that increase Ne baseflood elevation 

and 

B Proposeddevelopment which increasesthe baseflood elevation by mace 

than one footivmeas whereFEMA has provided base floodelevationsbut 

no floodway 

4 Floodplain development permits toned by the Flocdphaiv Adndnisnatorshall be 

wndifloned upon the applicant obtainingaLetterofMapRevision from FEMA 

for any developmentproposal subjeU oSertion3 10 AJ 1 

b Rieht to SubmitNew Technical Data 

The FloodplainAdmivistmter may requestchanges to any ofthe informadonshown 

ov an effecfive map thatdoes no impact fleodplain or floodway delineations orbase 

flood elevations such as labeling orplawmenic details Such a submission shall 

include appropriate supporting documentationmade inwriting by the Mayor of City 

ofLakewood and maybe submitteda any these 

c Armaxetion Demelvnent 

Upon occurrence the Fleodplain Adminis ramr stall notify FEMA in writing 

wheneverNe boundades ofthe CityofLakewood ravebcen modified byarmexadon 

orNe conununity Las assmned andmrity overan area orno longer has authority m 

adopt andenforce floodplainmanagement regniations fora area particulaz th order 

that the City ofLakewoodFlood Sruuance Rate Map aecuratelyrepresentthe Cityof 

Lakewood boundariesinclude within suchnotification acopy of amap ofthe City of 

Lakewood suitable forrepcodue ion clemly showing the newcorporate limits orthe 

new area for wNch the City ofLakewood Las assumed oc relinquished floodplaiv 

management regulatoryauthority 

1308 21 Da Use andFlaad Map Intarpretafion 

Thefol owmg guidelma shall applyto the useavd mterpretadov of maps end oNerdata 

showing measofspecial floodhazard 

a In areas where FEMA has not identified special Hood hazed areas oriv FNMA 

identified special Flood hazard areas where base Flood elevation and Floodway dais 

haverat beenidevvfied the Ftoodplain Admirdsirator shall review and ceaormbty 

utilize any oNer floodhazard dataavailable from a federal sate orothersource bBaseflood elevations and floodwaybouMazia produced on FEMAfleod maps and 

stadia shall takeprecedence overbase flood elevations andfloodway boundariesby 

23 

special floodhazaM areas and assist owmes of mbstantlally darvaged smmtures with 

IncreasedCost ofComplianceiasmanceclaims 

1308 23 Use and Developmnt Standards farFloodEIaartlReduction The followinguse and developmentndmds apply m developmev wholly within partially 

witldn oriv contact with any special flood hazard area as establishN iv Secdev 1308 06or 1308 21 

a Use Reeulafiorts 

1 Permitted Usa 

AE uses no otherwise prohibiter m this section oranY other applicab elaud use 

regulation adapted by City of Lakewood aze a8owed provided they meet the 

provisions ofthesemgniadorxs 

2 Prokbi edUsa A Private watersuppt systems inalspecial flood hazazd areas identified by 

FEMA permitted under Section301oftheOhioRevised Code 

B Infectiouswaste treatment facilities m all special flood hazardareas pmmitted 

underSection3 34ofthe OhioRevised Code 

b WaterandWastewater Systems 

The following sravdaNs apply to all water supply sanitary sewerageand waste disposal 

systemsnototherwise regulated by the Ohio Revisd Code 

1 All new andreplacement water mpptysystems shall be deigned mminimize or 

eliminaceiN rvatiovofflovdwataminto the systems 

2 New andreplacement sanitary sewerage systemsshall bedesigned to minimize or 

eliminate mfilnafion offlood watem into the systemsand dischazge fiom the systems 

into flood wazem and 

3 Ov site waste disposal systems shall be located m avoid impairment m or 

contamination from them duringflooding 

a Subdivisions and Iarve Develovmevtr 

I All subdivision proposals shall be ennsutent with the need o mmhnize Flood 

damage and are subject toall applicable standards intheseregulation 

2 All subdivision proposals s6slt have public utilities and facilities such as sewer 

gas elecMcal and watersystems located andcono uctedmminimize flooddamage 3 All subdivision proposals shalt have adequate drainage provided to reduce 

expdsuretv flooddamage and 

4 in all areas of special flood hazard where base flood elevation dues are not 

available the hPPlican shall a Provide hydrologic and hydraulic erringanalysis 

ihaz generates hazeflood elevationsfor aU subdivision proposals andother proposed 

ffjy developments conlaiving at least50lels ors acres whichever isless 

25

5 Theapplicant shall meet Ne requirement to submit technical dap m FEMA in 

Section1308 20a1D wheyahydrologic and hydraulic mmlysis ie completed Nat 

genamtes baseflood elevationsas requuedby Secfion1308 23 c4 

d Residential Structures 

1 New covstrucdoaand subspn5at improvemenm shall be anchored to prevent 

flofa5om collapse orlatent movement ofthestmcnae restating from hydrodynamic 

arul hydrosp5cIvadsincludingthe effects ofbuoyancy Whereastructure incltding 

ifs foundation members is elevated on511 m or aboveNe base floodelevation the 

requirements for anchoring and corutructivv materials resistant to flood damage me 

sa5s5ed 

2 New cavsnuction and substanSW improvemenp shall be wnstcumed with 

methods and materialsresisant toflooddamage 

3 New ceastrvction and substantial impcovemmss shall be cevstrvcted with 

eteddcal heating venNaSon plumbing and air covditioving equipment and other 

service facilities Nat are designed and or elevated so sa to prevent water from 

enterNg oraccmnWaSngwithinthe components during conditlovs offlooding 

4 New construction and subsmnSW improvement of any residential strvctme 

including manuGcmred homes shall have Ne lowest flour including basement 

elevated o or above Ne flood protecfion elevation In Zove AO ar with no 

elevations specified Ne stmtture shall have the lowest Floor including basement 

elevated mleas two feet aboveNe highest adjacent vatuml grade 

5 New construction and subspvtiW 

vnprovemenh including mavufcmmdhomes 

that do not have basements and Nat are elevated to Ne flood protection elevation 

using pilings columns posss or solid fouvdmion perimeter walls with openings 

sut6cievt m allow unimpeded movement of flood water may have an enclosure 

belowthe lowest floorpcovided the enclosure meetsthe followingstavdmds 

A Beusedonly forthe parkingofveldcles building access ocstorage and 

B bedesigred and cerd5ed by aregisteredprofessional engiheee orarchitem m 

aWOmatically equalize hydrosp5c flood forces onexterior walls by allowing for 

Ne entry andexit offloodwazem or 

C have tvmimvtn oftwoopenings indifferentwalls havingaNtalne area not 

Less thanone square inchfor every squaze footof enclosed azea andthe bottom of 

aU such openings being mhigher thanone footabove grade The openingsmay 

be equippedwith screens louvers orother coverings ordevices provided Nat 

Neypermit the automaticentry and exitoffloodwatecs 

6 Manufactured homes shall be afSxedNapennanm foundation andauthored 

m prevent floptiov collapse oropen m ant ofNe snucvne resulting from 

hydrodynamic and hyNusfatic loads including Ne effectsofbuoyancy Methods of 

anchoring may include ben are notuniteto useofover the topor frame lies N 

growd anchors 

Repau or rehabilitation of ltismdc svvctwes a upon determwaUOn that the 

proposed repair or rehabilitation will not pmdude ffie structure scoMinped 

designation as a hismdc structure and is Ne minimum necessary to preserve the 

2 They mustbetally Ecevsed andready forhighway use or 

3 Ihry mustmeetall standardsofSaxon 1308 23d 

26 

h Above Gromd Gas orLiavid SmmeeTatars 

All above Bound gas or liquid storage rooks shall be authored m prevent flotaton or 

lateen movementresulting from hydrodynamic and hydrostatic loads 

i AssuranceofFlood Gamine Cavacity 

Pursuant m Ne propose and methods of reducing Flood damage stazed in these 

regulations the followingadditional srsvdardsare adopted to assure thatthe reduction of 

Ne floodtarrying capacity ofwmeccoursesisminimized 

1 Developtnev inflocdways 

bthflovdwayareas development shallcause noincrease ivfloodlevels during 

Ne occurrence bfthe base flood discharge Rior to issuanceof a floodplain 

developmm permit the applicant must submit a hydrologic and hydmWic 

ariWysis cevtlucted by aregistered professional engincer demousfmtivg Shm Ne 

proposed development would not resat iv any increase m the baseflood 

elevation or 

B Developmentinfloodwayareas causing increases in the haze flood elevation 

maybe pecmilfedprovided allofthe following azecompletedbytheapplicant i Mee Ne requrtemmts tosubmit technical dataiv Sectlon1308 20a 

i Anevaluation of altana5ves which would rotresult in Nereased base 

floodelevation andmexplanationwhytheseWpmatives azenotfeasible iii CeniScafiov thatmostructures are locatediv areasbatwould beimpacted 

byNe increased baseflood elevation 

v Documentationofindividual Iegel noticem all impacted property owners 

within and outside Ne commtudty explaivivg the impaq of theproposed 

actlonovNevproperty and 

v Concurrence of Ne Mayor of the City of Lakewood and the Chief 

ExecuSve Officer of any othu commwities impacted by Ne proposed 

actiore 

2 Developmentth Riverive Areas with Base FloodElevations but NoFloodways 

A In marine special floodhazard areas identified by FEMA wherebase flood 

elevation data are provided but no floodways have been desigrtated the 

umWative effectof 

any proposed development when wmbived with all othu 

existing andanticipated development shall notincrease the hazeFlood elevation 

more Nov 10 one foot at any point Prior m issuance of a floodplain 

developmun pemd Ne applicant must submit a hydrologic and hydmufic 

anatyss covducmd by aregistered professional evginexdemovslmting batNis 

sfmldazd has beenmet ar 

B Developmen inriverinespecialfloodLazard areasidentified byFEMA where 

base flood elevator dap azeprovided benm floodways have hemdmigmpd 28 

historic character and design ofthe svvcture shall be exempt from the development 

sfavdazds of8ecdon4 

8 IvAOZos new covshvcdonanti subsmntial impmvemmt shallhave adequate 

drainage paths around sWCtures on slopes to guide floodwaters around and away 

from the structure 

e Nomesidedtial trnctnreS 

1 New covswction and substantial improvementofany commercial industrial or 

othm nomesidm5sl strudme shall meetthe requiemenp of Secfion 1308 23 13 

and58 2 New covstcuc5on and substamial improvement ofany wmmereial industrial or 

oNanon residevtatsvvcane shall eiNer havethe lowestfloor including basemen 

elevated to or above the level of the flood protection elevatiom or together wiN 

attentionutility andsanitary facilities shallmeetallofNe fo5owdng stavdazds 

A Be dry floodproofed so NatNe swmure is warertightwith walls substantially 

impevneable to Ne passageofwmup the levelofthe floodprotedtion elevating 

B Have struc9val componevp capable of resisting hydcosfazic and 

hydrodynamic toadsand effecpofbueyancy and 

C He cmifiedby aregistered professional engivcer orazcliltect luough theuse 

ofaFederalEmergeneyMagememAgemcyFoodproofmg Cernfieate Nor the 

design and methods of wnsmtedon are in awocdance wiN Saxon 

U08 23e2AandB 

3Iv ZoneAO areas wiNno elevations specified Ne stmcture shallhave the lowest 

floor includingbasemen elevated m leasttwofeet above thehigJtest adjacent vatwal 

Benda 

fAECe9SOIV BINCIUIL6 

Reliefo the elevation or dry fleodproofing standards may be granted far accessory 

smsctures contawng no more Nan 600 square feet Such swctures must meet Ne 

fallowing standards 

1 They shallvo beusedfor human habitation 

2 They shaEbewvstrudedofflood resisrant materials 

3 they shallbeconstructed andplacedovNe lotto offs theminimum resistancem 

theflowoffloodwaters 

4 They shall beSmdyanchoredtoprevm flotation 

5 Service facilities such as electrical and heating equipment shall be elevated or 

tleodproofed to orabove the levelofthe flood protection elevating and 

6 They shallmeet theopevir grequirements ofSectionl308 235c 

g Aceceatienal Vehicles 

RecrmtiovaCvehiclesroust meetatleast oneofthe following standards 

1 They shall not belocated on sites iv special flood hazard areasfor more than180 

days 

27 

causing moreflan one foot NaeasewNe base floodelevatov may be permimd 

provided all ofthe following azecompleted bytheapplicant 

Anevaluatlon ofaltematives whichwoWdtestain an ncease ofonefoot 

m less ofthe base Floodelevation and an explanationwhy these altema5ves are 

notfeasible ii Section1308 2312 itemsiand tit v 

3 AlterationsofaWa erceurse 

Fox the purpose ofNose cegula5vas a watercourse isaltered wbev any change 

witliiv its banks The extort ofNe banks shall be established by afield 

detmnirm5on ofthe baNcfWl stage The field determiva5ov of bardtfull stage 

shell be based on methods pcesetrted in Chapter of the USDA Forest Service 

Gerard Technics Report RM 245 Sveam Chnrinel Reference Sites An Illusrrared 

Guide ro Field Technique orother applicable publication available from eFederal 

State or other authorita5ve source Fer all proposed developments that alter a 

wa ereourse NefaROwing standazdsapply 

i ThebaddWlflood carrying capacityofNe altered oc relocated portion ofthe 

watercourse shall not be diminished Prior N the is ce of a floodplain 

developmm pemri the applicant must submit adescription ofNe extent m 

whichany wataroourse will be altered orrelocated as atesta ofthe proposed 

Nat Ne 

developmenand certification by a registered profatonal engineer 

beoldWl floodcarryingcapacity afthe watereeutsewillrotbeduvivisbed 

ii Adjacent communities NeUS Army Corps of Engineers antl the Ohio 

Deparhnent of Natural Resources Division ofWazer must be notified prior to 

any alvration orrelocation ofawatercourse Evidence ofsuch mdfication must 

besubminedro the Federal EmergencyMarmgemevt Agency 

iiiThe applicant shall beresponsiblefoxproviding the necessarymaintenancefor Ne altered orre7ocazed portion of said waterovurse so thaz Ne flood carsying 

capacity willrotbedmudshed The Floodplain 

Administmmrmay require the 

permit holdermmtcr into an agrcemmt with City ofLakewood specifying the 

maintenance responsibilities If an agreement is required it shall be made a 

wrWitionof Wefloodplain developmempermit 

ivThe applirant shall meetNe requvanevt to submit mchvical data inSection 

1308 20a1Cwhenanalteration ofawatercourse resWts m Ne relocationor elindttation ofthe special flood hazard azeaincluding the placementofculverts 1308 24 Appeah and Variances 

a Avveals Bomd Esmblished 

TheCity ofLakewood BoardofBuilding Standards and Appeals is hereby appointed 

toserveastheAppeals BOardfortheseregulations as established byCity Code 

Records ofthe Appals Boad shall bekept and filed in City Hall m 12650 Detroit 

AvenueLakewood Ohio 

b Powersand Duties 

29

The Appeals Boazd sha1L hear and decide appeals where it is alleged there is anerror 

n any order regwiemen decision or detenWnaaon made by the Ftoodplaiv 

AdmiWstmtox ivthe administmaon orenforeemem ofNose regWaaons tits authorize 

variancesmmcordancewith Section308 24 doftheseregWaaons 

c Avoe es 

Any permvaffected byany mace and order orothu official actionofthe Ftoodplaiv 

Admmistmtor may request and shalt be granted a hearing on the matter before the 

Appeals Board provided that such person shall file within 30 days ofthe dateof such 

nonceand orderoroNerofficial action abxiefstetemem ofNegrounds forsuchheazing orf the ndagatioa of any item appearing o any order of the Ftoodplaiv 

Administrntofs decision Such appeal shall be iv watlng signed bythe applicant andbe 

filed with the Floedplain AdmiWrnamr Upon receipt of the appeal the Ftoodplaiv 

Administrator shall transmit said nonce and Wl pertinent ivformaton ov which the 

FloodplWn Admudsirntor sdecisionwas mademthe AppealsBoazd 

Uponreceipt ofthemaceof appeal the Appeals Boazdshall fix areasonable time for 

the appeal give voice in writing to parties in interest and decide the appeal within a 

reasonable fimeafter itissubmitted 

d Vari 

Avy pascn believing that the use and development standazds of these regulations 

wouldesut in ummessery hmdsidpmay fileanapplication foravariance The Appeals 

Board shall have the 

powerto auihouze in specific cases 

such vaziances from the 

smndards ofthese regulations rat incomirtevt wiN Federal regulations as will vm be 

wvtrary tothe public interest where owning to special mndiaons ofthe lot or parcel a 

literal evforeemevt of the provisiom ofthese regWaaons woWd resW inumecessary 

hazdslap 

1 Application foraVariance 

A 

Anyowneqoragent drereofof property forwNCha variance issough shall 

make an applicafiovforavaliance by fllivg it with the Floodplav Adminimatoq 

who upon receipt ofthe varianceshall transadt it tothe Appeals Boats 

B Stichapplcaton ataminimWV Shall contain thefollowing information Name 

address andtelephone numbs ofNe applicant legal description ofthe property 

parcel map description of the existing use description ofthe proposed use 

location ofthe floodplWn description ofthe variance sought and reason for the 

variance request 

C All appaceaovs foavaziance shall be accompanied by a varianceapplication 

fee setinthe schedWeoffsadopted by the CiTy ofLakewood 

2 PubECHeazivg 

Atsuch hearing the applicant shall present such sutements and evidence as the 

APPeals BoaNrequires to considering such valance applications the Appeals Board 

shall wnsider and make findings of fact on all evaluations WIrelevant facmm 

standazds specified in other secaoms of these regWations andthe followingfactors 

30 

level providing itemsm Secaov 1308 24d2A to K have been fully 

considered As the lot size in es beyond one IrWf acre the tec7micW 

justificationrequired for issWvg Ne vvariance inmeases 

C Anyapplicant towhom avariance is grantedshall be givenwritten voicedent the 

structure willbe permitted tobebuiltwithalowestfiom elevation below thebase 

flood elevation and thecost offlood insurance will be cemmenswa ewith are 

rveceased risk resWang from the reduced lowestfloorelevatlon 

5 Procedure az Hearings 

AAlltestimonyshall be given under oath 

B A complete record of the proceedings shall be kept except mrdidcvasl 

deliberaaovs ofuse Board butimludingall documents presented and averbatim 

record ofthetestimevyotall wiWesses 

C The applicant shall proceed Sentto present evidence andtesdmony in support of 

the appealor varihvice 

DThe administrator may present evidenceortestimony inopposition tothe appeal 

orvaziance 

E All witnesses shall be subject m mosscxamination by the adverse partyortheir COWSeI 

F Evidence that is not admitted may be proffered and shall become of the 

part 

recordfor appeal 

G The Board shall issue subpoenas upon written request for the attendance of 

wiinesses Areasonable deposit to cover the cost of issuance andservice shW be 

collectedmadvance 

HThe Boardshall preparecov Iusionsoffact supporting its decision The decision 

may be amoumed a the conclusion of the hearing and thereafter issued in 

beissuedinwriting withinareasonabletime after the 

writing orthe decisionmay 

hearing 

b AppealbtheCourt 

Those aggrieved by the decisionof the Appeals Boazd may appeal such decision tothe 

CuyaMga County Courtof Common Pleas as provided inChapter 2506 ofthe Obio 

Revised Code 

A The dangertWtmaterials may tie swept onto other lauds tothe injury of othus 

B The danger tolife and property due toflooding orerosion damage 

C The susceptibility ofthe proposed facility and its contents to flood damage and 

the effectofsuch damageon theindividual owmc 

D The importance of the servrces provided by the proposed facility to the 

wmmunity 

E TheavailabilityofWtemativelocationsfor the proposedusethat are notsubjectto 

flooding orerosion damage 

F 1be necessity tothe facility ofawaterfrovt torafiom whereapplicable 

G The compaabJityofthe proposed usewith existingand avacipated development 

H Ilrerelationslap of doe use proposed o the comprebevsive plan and floodplain 

managementprogmm Porthatarea 

I The safety ofaccess mthe property in timesoffloodfor ordinary andemergency 

vehiWa 

I 11m expectedheights velocity dmaaon rateofrisq tits sediment travspart ofthe 

floodwatersand the effectsofwave action ifapplicable expected at the site 

K The matsof provid mggovemmevml servicesduring and aaer floodconditions 

includingmaiv etunce andrepa v ofpublic utilities and facilities such as sewer 

gas electricalandwater systemsand streets andbudges 

3 Variances shallodybeissued upon 

AAstowingofgoodand sufficiehmause 

B Adeterminazidn that failure to gent the valiance would result in exceptiorul 

hdrdslap due e the physical Wrarmteristia ofthe property Increased cast or 

Pevice of meeting the requirements of Nose regulations does not 

mvstimte anexceptlonW hardship toNe applicant 

C Adetermvtaaovthat the granting ofavaliance willnot resultinincreased flood 

heighss beyond drat whichis allowedinthese regWatiovs additional Ifireazs to 

public safeTy extraordinary publicexpense misancce fraud on orvicamvaaov 

ofthepubEc orconflictwithexistinglocallaws D A determinationthat Ne strmnne orotlra development isprotected by methods 

tominimizeflood damages 

E A detemdvaaon that ibe variance is the minimumnecessary considering the 

flood haiazd toaffordrelief 

Upon mnsidemaonof are above factors and the purposes ofthese regWaaons the 

Appeals Hoard may attach suchrenditions to the gamingof as variances i deems 

necessaryto further thepurposes ofthese reguations 

4 ONerCondiaom far Variances 

A Variances shall not be issued within any desigmted Floodwayifany increasein 

floodLevelsduringthebase flooddischazge woWdresut 

B v Generally may be issued for new construction tits substantial 

improvemems to beerected on alot ofone halftiaraorless insize contiguous to 

and sumomded by lots withexvning structures corutructed below the base flood 

1308 25 ComplianceRequired 

aNo swcnveorland shall hereafter be lmated erected constmcted reconswcted 

repWred extended covvecred enlarged orWlered without fall wmplisoce with the 

terms ofthese regWsaom andall other applicable regulations which apply to uses 

within are jurisdicfien of these reguUtions unless specifically exempted from filing 

fora developmentperrnit assatWivSection 1308 19 

b Failure to obtain a floodplain development permit shall be a violation of these 

regWatiom and shallbe punishable inaccordancewith Section 1308 2 

c Floodplaln development pematr issued on the basis of plans and applications 

approved by the Ftoodplaiv Administrator mthouze oNythe use andamangemen 

set forth in such approved plays and applicaaorvs or amevdmevu thereto Use 

aaangemev orconswctlon wntrary o that authorized shallbe deemed aviolation 

ofthcee regulationsand puWSiuble in accordancewithSection3082 

330816 Notice ofViolation 

Whenever theFtoodplaiv Adndnistramr determines that therehas bcen aviolationof any 

provision of Ghee regulations he shall give notice of such violeaonto Ne person 

responsible therefore and order compliance with these regulation as herzinafter 

provided Such entice and ordershall 

a Beputinwritingon anappropriate form 

b Includealistofviolaaom referdvg to the sectionorsectionsof theseregulations that 

have been violated and orderremedial acting which iftaken will effect mmpliancc 

with the provisions ofthese regWatlore 

o Specify areasonable lima forpe8omance 

d Advise theowner opem oqorohupen ofthe dgJvb appeal 

e Be served on the owmeq occupmv oragent inperson Howevevibis maceand order 

shall be demmedto beproperly served uponthe owneq occupanq oragent ifacopy thueof is sent by registered orcemfied mail to the pemon s last known mailing 

address residence or plaza ofbusiness and oracopy is posted in a conspicuous 

place inorovthe dwelling affected 

1306 29 Violations and Pevaltics 

Violation ofthe provisions of these regulations or failure to comply withany of its 

requirements shallbe deemed m be asMc liability offense and shall censamte afirst 

decce misdemeanor Any person who violates these cegWatiavs orfails to comply with 

any ofits requirements shall upon conviction thereofbe finedorimprisoned as provided 

by the laws of the Ciry of Lakewood Each day such violeaon continues shall be 

midered a sepazate offense Nothing huein coataived shall prevent the City of 

Lakewood from faking suchother IawfWactionas is necessary to prevent orremedyany 

violation The City ofLakewood shalt prosecute any violeaon ofthese regWaaons iv 

accordancewith the pevlties statedherein 

32 33

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

concerning and relating o the passage of this ordinance were adopted in an open 

meeting of thisCouncil and thatall such deliberationofthe Council and ofany ofits 

committees that resultedinsuch formal action were inmeetlngs open to Ne public in 

compliance wiN all legal requirements 

Adopted 

Approved 

34 

President ofCouncil 

Clerk ofCouncil 

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Ordinance No 53 1o 

PLACED ON 1ST READING REFERRED TO THE ECONOMIC 

DEVELOPMENT COMMITTEE7610 

DEFERRED719 

By 

10 PLACED ON 2ND READING 

920 10 

Deferred 10410 

An Ordinance to amend Chapter 1329 Signs ofthe Codified Ordinances of the 

City of Lakewood for the purpose of regulating signs including provisions to control the 

type design size location illumination and maintenance thereof within the City of 

Lakewood 

Whereas effective signage is critical to supporting local businesses and 

promoting a vibrant commercial district and 

Whereas assisting business growth and improvement by simplifying the review 

and permit process to reduce the burden on growing businesses and entrepreneurs is a 

priority for the City and 

Whereas the safety of residents patrons motorists and pedestrians can be 

impacted by signage and 

Whereas establishing written expectations for the business community and the 

Sign Review Board as to the types style quality and quantity of sign options that are 

complementary to Lakewood sis critical to maintaining community identity Now 

therefore 


Section 1 That Chapter 1329 Signs of the Codified Ordinances of the City of 

Lakewood currently reading 

1329 01 INTENT 

as follows 

a Sign regulations including provisions to control the type design size location 

illumination and maintenance thereof are established in order to achieve among 

others the following purposes 

i To promote attractive and maintain high value residential districts by permitting 

only nameplates bulletin boards and signs related to the develop rental or sale 

of properties in such districts 

2 To provide reasonable yet appropriate conditions for identifying and advertising 

goods sold or services rendered in business districts by relating the size type 

and design ofsigns to the type and size of establishments 

3

3 To provide for appropriaN signs for the identification and encouragement of 

industrial development 

4j To control the design of signs so that their apPeaance will be aestheficlly 

harmoniousviiN theirsurroundings and anoveall urban design forthe area 

5j To eliminate any mnflid between advertising or identificationsigns and traffic 

control signs which would be hazardous to Ne safety of the motoring public or 

petlesNarv ford59 Passed169 bIn establishing these objectives Ne clry has determined Nat without adequate 

regulation antl design standards signs are a nuisanre The number of signs in 

Lakewood isexo sive and is unduly tlistrading In motorists and pedestrians deatesa 

traffic hazard and in some places reduces the effectiveness of signs nestledto diced 

Ne public 0s the appearance oftheGty ismarred bythe excessive number oversized 

and poorly designed signs boN residentialand business propertyvalues are atlversery 

affected Therefore Ne numberof such rfutactingsigns aught tobereduced andsigns permitted should comply with the sbndards of Nis chapter in order o reduce the 

aforementioned eifiects 

1 The sgre of least value to thepeople of Lakewood are Nose which carry 

commercial messages oNer than theadvertisement of any product service 

even4 Person instRUfianor business loafed on the premises where the sign is 

looted 

2 In view of the foregoing all signs not conforming wiM the provisions of Nis 

chapter are hereby declared a nuisance It is further declared Nat the 

regulations mn ained ih this chapter are the minimum regulation necessary to 

abate Ne nuisance antl N achieve the purposes of Nis chapter Ord 525 

Passed9385 

1329 02ESTABLISHING REGULATIONS 

Signs shall be designed erected altered recortstruded moved antl maintained in wholeor 

in partin accordancewithNe Type design size loadon illumination and other provisions 

set forth inNis chapter 

The ronsbvction erection safety and maintenance of all signs shall be in aceoNance with 

Ne Cry Building Code The provisions of Nis chapter shall not amend or In any way 

interfere wiN other rodes rules orregulations governing trafficsigns within Ne Cry Ord 

569 Passed16 9 

1329 03CLASSIFECAT20N OP SIGNS 

a Sign means or any display figure painting Jawing plaaN poder other device 

visible from oron a public waywhich is designed intended orused to conveyamessage irrtorm or direct attention to a perwn institution organization adiviry place object or 

protlud butdoes not include showwindow orinterior displays It may be a structure or 

partHereof painted on orattached tliredly orindireNy to a structure 

11 Changeable copy sign means a sign orany portion thereofwhere he message 

or 

gaphia is not pertnanentty affixedNNe structure framing or beckgrountl 

and may be periodicity replaced or covered over manually orby electronic 

mechanial devices Ob 52 85 Passed9385J 

c Gassifiction by SWduralType 

1 Unopy sign means asign atlaNed to theundersideof thecanopy at a ninety 

degree angle Nthe street intended for pedestrian NsibiGry Ob 5285 

Passed93BSJ 

2j Ground sign means aReestanding sign which has asupporting base designed 

as an integal partofthe sign and resting totally orprimarily on theground 

3J Pole sign means a sign which is supported wholty by a pole or poles and 

designed soas topermit pedestrian orvehimlarlrztfic Hereunder 

4 Portable sign means a sign which is designed to be ppdable and 

permanently attached 

is not 

to any part of 5 building 

5 Pmjeding sign means a sign erected on the outside wall of a building and 

which projects outa anangle therefrom 

6 Roof sign means asign erected upon and completely over the roof of building 

airy 

Wall 9gn means asign integal wiN the exterior face of an extedor wall of a 

building orattached Nthe wallDr parallel with Ne wall and projecting notmare 

Nat twelve inches Nerefrom 

8 Window sign means a sign painted attached or affixed to Ne interior or 

extedor surface of windows ordoors of a building Ord 589Passed Ti6 

9 

g Awning sign means a sign painted attached embossed oraffixedNa fixed w 

retractable awning Ob 52 85 Passed9385 1329 04MEASUNEMENTSTANDARDS 

The sae of signs isregulated in thischapter by relating the gross area of signs to the 

building oruseofa l04 orthesire ofNe building unit to whiNhe sign isaccessory a The gross area ofsigns Pona building oruseshall include all permanentsurfaces visible 

from a public wayand shall be measured for all signs except projecting orpole signs as 

follows 

1 The area of Ne surtare orwrfams of an opaque ortranslucent panel used or 

intended for displayinga message plus 

2 The area whin Ne smallest rectangleenclosing a sign composed of lettersor 

characters which are individually atbchetl to abuilding wall or otherstrudual 

element not designedasapanel plus 

3 Thearea ofpermanent windowand door signs 

b WheneverNe gross area mfthe signs are related to he size of thebuilding orlot 

T 

y 

b classification by FunctionalType 

1 BillboaN means a sign which is primarily intended to direct attention o a 

specific business protlud service eMerNinment or any oNer adiviry sold 

offered orconducted elsewhere Nan upon the same lot or on premises which 

Ne sign is loc ed antl which may subject to the provisions of this Napter 

rontain noncommercial message 

2 eulletin board means a sign which A primarilyintended Nadvertise he name of 

the business or establishment Ne goods w commodities sold antl or bmnd 

names Nermf orservices rendered on the lot orpremises which the sign is 

located and which may subject N the provision of Nis chapter conthin 

noncommerclal messages The terms advertising and bend names 

distinguish business signs from identification signs Ord 52 85 Passetl935 

85 

3 Business sign means a sign which 6 primarily intended Nadvertise the name 

of the business eslablishmeni Ne good or commotlitles wld and or bmnd 

names or 

thereof services rendered on the lot or premises which Ne sign is 

located and which may subject to Ne provisions Nis dopter contain non 

commercial messages 

Theterms advertising and brand names distinguish 

businesssignsfiom itlendfiction signs Ob52 85Passetl9 3asd 

4 Development sign means a sign directing attentipn to Ne promotion 

development orrons ruction ofabuilding orsubdivision on Ne parcel of landon which thesign is loafed 

Directional means a sign sign intliodng the direction o which attention is 

ailed either onthelot on which the sign is looted orwhiN directs attention N 

anotherlocatlon Ob589 Passed16 9J 

6 Identification sign means a sign which isprimarily intended to india e the 

name owner manager and or address ofan existing building or business and 

which may subject to the provision of Nis chapter ron ain noncommecial 

messages 

Informational sign means a sign which ispdmadly irHended Ngive general 

information to the public mncemmg Ne loction of places forlodging vehicle 

service time weaNer historic sites areas of natural scenic or beauty outdoor 

recreation facilifies and similar information and which may subject to Ne 

provision of this chapteq contain noncommercial messages Ord 52 85 

Passed9385 

8 Nameplate means asign indicting the name address or profession of the 

person orpersonsoccupying thelot orpartofabuilding 9 Real estate sign means a sign directing attention o the promotion 

development mrrstruNOn renbl sale or lean of property on which it is 

looted Ord SB J9 Passed369 30 Tempoary sign means asign of airytypeN announce special eventsorales 

ro announce thesale lease orrental of property and designed to be used fnra 

period oftime upo sixty daysbut notto includeabulletin board ford50 80 

Passetl306BOJ 

Ne frontage of a building shall be Ne width ofthe fagade ofthe building businessoffice 

or industrial unit which faces the pdncipal street or Ne fagade contalning Ne main 

entrance ofabusiness office orintlushialbuilding 

c Buildings orlots havingfrontage ona second streetora secondary entranceto a 

parking 

areamay be permitted additional signs alongsuch secondarystreets whiNshall however 

not exceed twenty five percent25of the area ofthesigns permitted along the main 

facades 

d Proiectinm orPole Sions Thearea ofany double prmultifiaced sign shall have only 

one face Ne largest one should Ne faces differ issize rountetl in olcvlatin9 Ne area of 

the sign and the meawrable area shall be the entire area within asingle continuous 

perimeter composed of square or rectangles which enclose Ne extreme limits of the 

advertising message Ord 50 80 Passed 1b6 80J 

1329 05DESIGN STANDARDS 

Signs as permitted in all use districts shall bedesigned o be compatible in chaader antl 

style with regard ba materials colorantlseofNe building othersigns designed orloafed 

on the same building and other signs adjoining buildings in order to an produce overall 

unfied effect and in aaoNance with the standardsset font in NisserBOn Signs hall be 

reviewed with respect Neach ofthe provisions ofthis section and shall require approval by 

the Board of evilding StandaNs Ob 5285 Passetl9385J 

a ConOnui Signs shall beconsidered in relationship to Neir surrounding environment 

and ifseen in series should have acontinuityof design 

b SNIe and Color The style of a sign shall be geneally consistent Hraughout the 

partimlarbuilding or block involved thecolor ofsigns shall be acomponentof He color of 

the building fagatle and the totalnumber of colorson asign shall be limited tofour 

c LemThe letteringon asign shallbe large enough tobe easily read butnot overly 

large or out of sole wiN he building upon which 2 isplaced An excessive amount of 

infmrmatlon onsigns where visual dotter could create a potential safety hazard to motodsts 

or pedeshians shallnotbe permiUetl 

d Ma edals Signs shall be fabdctedon antlof materialswhich are of good quality good 

durability and complementary to the building of which Ney become a part When 

noncombustible outdoor signs roc display ativdures are required by Nis Napter all parts 

Intluding the supporting structuresshall be of noncombustible material provided however 

that wood approved plaster orother material no morethan combustible than woodor 

approved plastic shall bepermitted inhe following loatlons 

1 For small ornamental moldings ceps nailing strips Individual letters rymbols 

figures and Insignia 

2 

Ohallhnotaexceed SOD sqarefet Ord 589 Passed lfi 9 Trigfor any sign

e hUQUraI Design Anygrephiq other sign 4mRUre marquee canopy orawning as 

defned in Nis chaptep shall be designed and censWQed to withstand a wind pressure of 

no less than thirty pounds persquare footof net surtace area allowing far wind from any 

direction andshall be construvedto withstand loads asrequired in Ne Amedan Standards 

Association Standard A60 1az amended andas provided herein Sgns shall no be 

atbched Npaapets Ord 6D80 Passed10 6EOJ 

f CanOmv Biorw Acanopy sign is a sign attached M Me underside ofNe canopyat a 

ninety degree angle to the street intended for pedestrian visibility Me vertical dimension 

of Ne sign shall not exceed twelve inches and Me lowest structural member shall be not 

less Naneigh feet abovesidewalk grade 

g Ground Sians Shall no eMend higher Nan ten feet abovethe finished Bade 

Permanent ground signs shall not beIaraNd within the required front and side yaMS unless 

approved byNe BoaN of Building 9tantlartls Ord50 80 Passed9386J h Pow Shall not exceed twenty two feet in height in theCommercial Office Ci 

Commercial C2 O DisMQS The bottom of Ne sign face shall be not Tess than ten feet 

above Mesidewalk gradeand not less Nansixteen feet abovegrade wherevehicular access 

Nrequired Pole signs shall not be located withintherequired front and side yards unless 

apProyetl by theBoard of Building Standards No part of Me sign shall projev overMe 

sidewalk 

i Proection Sians May be permitted in Me C1 c2 and C3 Distdcts only in roses where 

innovative depth is demonstrated and where no potential safety hazard to motodsts or 

pedestrians 6vented subject Nreview and approval by MeBoaN of Building Bmntlards 

Projecting signs shall not projeQ any further thantwenty four inches from a verdal line 

projected from the orb No sign projecting overpublic property shall swing from any bar 

vane swing orothersign 

Ord 2596 Passed10796 

1 Wall orPanelSans Shall not moreNan projeQ twelve intltesfiomthebuiltling wallN 

which it isattached and shall be set back from Ne end ofNe building and wall lines 

party 

fora disbn eofatleast eighteen inches and shallnot corneror 

projeQ beyond any above 

Ne oreaves ceping of any building Ob 52 85 Passed9366J 

k Vertical Cleaance The lowest memberfor all signs which projeQ oraresupported on 

posy shall be not less Nan eight feeabovethe finished grade of a sidewalk ar any other 

pedes danway and if located overa pavementused for vehicular traffic orwithin twenry 

four inches of thevertial projection ofthe edge of such the lowest 

pavemen4 member of 

the signs shallbe no less Nansixteen feetabove Ne finished pavement 

IJ Relation toTmffcDev ces Signs shallnotbe erectedso as ttabstruQsight lines along 

any public way traffic control lights street name signs at intemecdons orsbeet sight lines 

orsignals at railroadgrade crossings Sgns visiblefrom thesightlines along astreet shall 

not mnNin an artow or words such az stop go sloW etc and Ne movement 

centen colodng ormanner ofilluminatlon shallnot exceetltwelve inches 

b Develooment5ans One development sign not exceeding fifty square feet in area and 

ttn fee in height shall bepermitted on Ne lowhichabuilding isunder conshvetign Signs 

shall be removed on the iswance ofafinaloccupancy permit arone yearafter Nepermit is 

issued whichever dateocwrsfirst 

cJ DirectionalBpns Two directional signs each not exceeding two square feet in area 

shall bepertni ted onany building or lot but not less Nan five fee from any lot orstreet 

right of wayline 

d IdenCfiwtlon Signs Onewall orground Identifiation sign not exceeding eight square 

fie shall be permitted provided Newall sign k located do Ne street side of a multlple 

fbmily building and provided any ground sign located in front of Ne setback line has 

rereivetl approval from Ne Boardof Building Standards 

e Real Estate Sgns Onetemporary double facefreestanding orwall sign adveNSing Ne 

sale lease or rental of Me premises or part of Ne premises on which Ne signs are 

displayednot exceeding five square feetin area shall bepenniUed foreach lot 

tCanoov Sons One anopysign shall be permitted The total area of one face of Ne 

sign shall noteased five square feet and Ne vertical dimenson ofthesign shall no exceed 

twelve inches and the lowest structural member shall not be less Nan eight feet from Me 

sidewalk grade 

g Awnino Signs One awning sign shall be permitted Thetotal area of one face ofNe 

sign shall not exceedsix square feetand the vertical dimension ofthe sign shall not exceed 

LweHeinches Ord 52 BB Passed 4385 

h Bllb d d P rmbl d R f S Billboards portablesigns and roof signs shall 

not be permitted in Ne MLand MH zdningdutriQS unless permitted byspecific prwtsions of 

thk chapter Ord 26A6 Passedlb 96J 

1329 09 SIGNS COMMERCILL OFFICE CS COMMERCIAL kETAIL C2 GENERAL 

BU61NE56 C3 DISTRICT6 

Accessory signs in Ne Gommertlal Ofice C1 Commercial Rettil C2 General Business C3 

Districts be designed erected altered moved and maintained in whale or in par in 

accordance wiNNeu regulations 

a Functional TvpesPermitted Business signs development signs of a temporary nature 

directional signs identlficodon signs informational signs nameplates political signs real 

estate signs emporery signs and bulletin boards on Me lots of public or semipublic 

irsdNdans 

b SWCtural Types Permitted Awning canopy ground pole wall and window signs 

Projectingsigns may bepermitted ifapproved by the Board of Building Bbndards 

c Maximum Area andNumberPermitted 

m Awnino Sians One awning sign shall be permiRetl Thetotal area of one face of the 

sign shall not exceedsixsquare feeand thevertical dimension ofNe sign shall notexceed 

twelve inches 

n Changeable Coov8ans Shall comply wiN all other regulations of Nis chapter 

including the design standards inNis section andthe provisions forapplication for permits 

in Section1329 12 

When reviewing Ne proposed sign Me Board of Building BNntlaNS shall consider and 

estabbsh NesantlaMSapplicable forNe Qtangeable copy which may include but are 

not limited to determining Ne portion of the sign permitted far changeable copy 

determining Ne suitable matedal and method for making changes and Memanner for 

fastening the new ropy and establishing Ne color and design adeda Theses 

stndads shall beu font in Me sign permd and shall apply forthe life of Me sign 

unless oNenvise amended by the Board according M Section 1329 12 Ord 52 85 

Passed9385 

1329 66 ILLUMINATION OF SIGNS 

a Light sources to illuminate signs shall be shielded from all adjacent residential buildings 

and streets and shall not be aF such bdghNess so as W cause glare hazardous N 

petlesMans or motorists orso asto cause reasonable objection from adjacent residential 

districts 

b All sigrt in retail office and industrial disMQS may be illuminated Parking lots and 

automotive sales l06 shalt beilluminated in accordancewiM the prorisions ofNis section 

Flashing or moving illumination shall not be pgrmittetl in any district within Ne City 

Ord 589 PassedJd6d9J 

1329 0SIGNS REGIDENIIAL DISIRICTS 

Accessory signs shall be permitted in theR1LRiMR1H L and R2Dis dcts pursuantto the 

regulations ofMe Planning and Zoning Cadedtapters1121 1123 1125and 112orthesame as shallbe amended firmtineth time Ord 25 96 Passed 10 96J 

1329 06SIGNS APARTMENT MLAND MH DISTRICTS 

Accessory signs in Apartrnent MLand MH DisMQS shall bedesigned erected altered moved 

and maintained in whole orin part in accoNance with these regulations The types of signs 

permitted as to use sWCture size and numberfor each building or lo shall be regulated as 

follows 

a Bulletin Boards One bulletin board not exceeding twenty square hetin area orfive 

feet in height may be loceted onNe premises of a public chadbble or religious instltutlon 

but riot less than fifteen feet from astreet righPOf wayline indirect illumination shall be 

permitted 

1 Maximum Sian face area The maximum sign face area of all permanent signs 

permitted foreast separate useoccupying a building orunit of a building shall 

be related to Ne frontage of Ne building orunit Neregt as determined by the 

following formular 

Maximum sign face area Wx16 square feet exceptthatNe total in 

all rosesshall notexceed 120 squarefeet The elements of such formula being definedas follows 

Maximum sign fare area means the total area of one surtace of a 

permanent sign asdefined in Section 1329 04a 

Wmeans Mefrontage ofa buiMing ad defined in Section1329 09b 

2 Bulletin boards One bulletin boaN not exceeding Mirry square feet in area or 

eight feet in height may be located on the premisas of a public charitable or 

religious instltudon butnot less than fifteen feet homa streetdgM of wayline 

indireQ illumination shall be permitted 

3 Canowsions A sign attached to the underside of the canopy a a ninety 

degree angle to thestreet intended for pedestrian visibility The total area of 

one face ofMe sign does not exceed five square feet the vertirzl dimension of 

Ne sign does not exceed twelve inches and Ne lowest strucNmlmember is no 

less Nan eight feet aboveMe sidewalk grade 

4 Develooment signs One temporary development sign not exceeding fifty square 

feet in area and en feein height shall be permitted on Ne lo upon which a 

building isunder construction Signs shallbe removed on the issuance ofa final 

occupancy permit or one year after the pedotl is issued whichever dateocwrs 

first 

6 0rectional signs Two direcional signs each not exceeding two square fee in 

area shall be on permkted any building or lot but no less Nan five feet from 

any lotorstreettight of wayline 

6 Groundsians One ground sign noNexceedforty square feet in area and Ne 

top ofthe sign shall not exceedten feetin height above the sidewalk grade 

Informational lions One informational ground sign no exceeding sixsquare fee In sign face area may be permitted on any log butnot less Man five feet 

from any lotorstreettight of wayline 

6 NameDla es Onenameplate not exceeding one squarefoot in area for eaQt 

stare orofice unit inNe building butnotexceeding atotal of eight nameplates 

per building shall bepermitted 

9 Pp a si ns One pole sign may be located withina required yard ofa business lot 

if approved by Me Board of BuildingSaddaNS Each faceof the pole sign shall 

not exceed forty square feetinarea Ne rop ofMe sign shall not exceed sixteen 

iD feet in height above sidewalkgade Me bottom ofNe sign ace shallbe not less 

Nan eight feet above sidewalk grade no part ofthe sign shall projeQ overNe

sidewalk and whenthe sign isin proximity oavehicular access drivea 

protective barrier shallbe provitletl aroundthe baseMthe pale signstru ure 

10 Real estatesigns One temporarytlouble face freestanding orwallsign 

advertising Ne sale leaseorrental ofthe premises orpartof thepremises on 

whichthe signs are displayetl notexceedingfivewarefret shall bepermitted 

11 Proiedino signs Maybe pennittetl in caseswhereinnovatlvedesign is 

demons retetlantl whereno potentialsafety hazaM romotorists orpedestrians iscreated subjectNreview antl approval bythe Boats of BuildingSWntlartls 

12 Awning sions One awning sign shall be permitted The total area of one faceof 

Nesign shallno exceetlsixsquare feetand theveMwi dimension ofthesign 

shall notexceed twelve inches 

d Su I b A dLOcatign standards 

1 5de and rearentrances In caseswhere the oficeorbusiness building has an 

entranm from the side street of a comer lot or has a back entrance mm a 

parking lo open to the publicaddfional sign area equal Ntwenty five percent 

26 of Nat permitted on thefront of the building may be used over sudr 

entrance Ortl52 86 Passed9386 

2 Ghooo ngcenter tlenCNafion sions Inaddition Nthe sign facearea permitted 

fareaN intlividuales ablishmen4 one shopping center sign Itlen itying the name 

and or logo of a unified shopping area in the Cl C2 G3 Districts may be 

permitted subjeR Co review and approval by the Board of BuildingSandaMS 

Shopping center signs shall not exceed forty square fee in area and may be 

either ground orpole signs subject to the regulations governing such sign 

OM 26 96 Passed SO 96J 

3 Bglboartls One billboard may be permitted per business or development site 

pursuant tothe regulatlonsand standards Msubsection t hereof 

4 Vacant lots Each vacant lot is permitted amaxmumsign area offifty square 

fee Iimifrtl toaground sign which shall beIbcetetl no closerNany street Nan 

therequired building setbackline 

6 One sign mer buildingface Notwithstanding the provision of Nissection each 

business shall be permitted a maximum of one sign onarty single building face 

for the building orthe portion of Ne bullring in which thebusiness M located 

provided Nat this IimRatlon shall not apply ro directional signs nameplates or 

real esbtesigns ortoasecontl noncommercial sign which shall not exceed five 

square feet Ord 5285 Passed9385 

e Portable6mns and Roof Signs Portablesigrw and roof signs shall not be permitted in 

theCl C2 C3 zoning tlishiar unless permitted by spetlfc provisions ofthis chapter 

The elements of suchformula being defined as follows 

Maximum sign face area means Ne total area of one wrfaceof a permanent 

sign asdefined in Section 1329 04a 

Wmeans thefrontage ofabuiltling as defined in Bectlon1329 046 

d Portable Signs and Roof Signs Portable signs antl roof signs shall no be permitted in 

theI Zoning tlistricts unlesspermitted byspecific provisions ofNischapter 

e Vacant lots5gnsPermtted Eachvaunt lot is permitted a maximum sign area offifty 

square feeq limited to a ground sign which shall be located nocloser o any street thanthe 

requiretl builtling setbackline 

Regulations POr BillboadS 

1 Within Ne maximumsign face areas for permanentsigns established for theI 

Zoning Districts asingle billboaM ispermitted ona premise provided Natit is 

A Located on a plain wall surtace and notexceeding abovethe rooflibe 

orbeyond the endwall Aplain wall isasurtace ofeither brick wootl 

masonryorother material ora partHereof wihoM windows cornices 

orotherarchitectural ortlemadve features 

e Placed Flatagainst andfas enetlonthe buildingwhich has such 

eligibleplain wall surface 

C ConNining asign area not exceeding forty square feet noren percent 

10ofthe eligible wallsurtace whichever isles D Located 

1 Aminimum of fiftyfeet from any public right of way 

2 TqdireNy face parking lots which areIwa 

etl in either side 

yaMS or rear yards 

3 Soasnot to direNy facepremises intheRSL R3MR1H 

R2 M4 MH and LZoning Districts and 

4 On awall which isnot otherwise in a requiretl yard 

E Amaximum ofsixteen feetabovetheground 

F On wean lotsthe sign area antl loadon ofabillboard is governetl 

bysubsection e hereof 

G The total face area shall notexceed thelimits established in 

subsection c hereof 

2 BillboadS shallbe processedand ewluated bythe Board of BWlding StandaMSin 

accorance wdh the procedures gf Section 1329 12ll29 05 nand all other 

applicable regulatlons in Nis chapter OM52 86 Passed9386Ord2596 Passed10 96 

ProjeN ngsigns require special approwl byNe Boatsof Building 6fandartls 

ROOfsigns and portable signs are notpermitted in any distrlN 

OM 62 86 Passed9386 t 

fRemuiafions forBIlboartls 

1 Within Ne maximum sign face area for permanent signs esiablishetl forthe CS 

C2 C3 zoning disNc4 a single billboardis permitted on a premise provided Nat 

i is 

A Located on a plainwall surtace and not extending above the roofline 

ar beyontl the end wall Aplain wall isasurface M either brick wood 

masonry orother material orapartthereof wiNOUt windows murices 

groNerar hitecWal ordecoative feaNres 

D Placed flat against and fastened on the builtling which has such 

eligible plain wallsurface 

C Conbining a sign area not exceeding forty square feenor moreNan 

tenpercent30ofthe eligible wallsurface whicheverisless D LocaRtlat 

1 Aminimum offiftyfeet from any public righBOfway 

2 To tlireNy ace parking lots which are lootedin either sitle 

yaMS orrear yaMs 

3 Soas nottodireNy face premises inthe Rio RSM RiH 

R2ML MH and L zoningtlis riarantl 

4 On 

a wallwhich isnot otherwisein arequired yaM 

E AmaximumMsi eenfeet abovethe ground 

F On want lots Ne sign area and location M a billboardk governed 

by subsectiond4hereof 

G The total face area shall not exceed Ne IImNS established In 

wbseRignc1hereto 

2 Billboardsshallbe processed and evaluated bytheBoatsof Building StandaMSin 

accordance with the procedures of BeMlgn 1329 121329 06mand all oNer 

appliable regulations inNis chapter Ord 52 86 Passed9386Ord 2596 

Passetl10 Jqb 

1329 10 SIGNS 

Accusmry signs in he Industrial I DistriQ shall be designed ereRed altered moved and 

mainbined in whole orin part in acmrdance with these regulations The requirements of the 

IntlusMal District shall bethe sameas the requirements oftheCl C2 andC3 DishiM spetlfied 

inSecion 1329 

09except as otherwise statedherein 

a Fdnctional Tvues Permtted Development signs of a temporary naNre directional 

sigrwidentification signs andreal asNte signs 

b btruclual TvoesPertn tted Groundpale andwall signs 

c Max mum San face Area The maximum sign face area M all permanent signs 

penniRedfor each separate useocapyinq a builtling arunit ofabuilding shall berelated N 

thefinnthge ofNe building orunit Hereof asdetermined byNefollowingfrrtnula 

Maximum sign face area Wx3 square feet except Nai the total in all asss 

shall not exceed 100 square fee 

1329 12APPLICATION FOR PERMifS 

Application far permits to erect place pain4 illuminateor alter a sign shall be made by 

Ne owner orowners agent of the property for which a sign is proposetl The 

application shall be submiRed on forms famished by the Gty and shall bemade either 

separetely orwiththeapplication fora builtling permit The fee fora sign permit shall 

be established bysepareteordinance 

a In all usedistricts asign permit shallbe requiretl forall permanent signs which 

exceetl three square feein area 

b A description of Ne applicefion procedure and grephicillus redonofrequiretl 

information isoutlined intheCdy Mtakewggtl Sign ftevievPhandbook Each 

appliadon shall be accempanted bydawings to scale and photagrephs showingthe 

following 

1 Thedesign andlayout proposed induding the total area of signs Ne size 

heigh4 charactep materials colors andtype of lettering orothersymbols 

2 Phorogmphs or drawings ofthebuilding forwhich thesigns are prgposetl antl 

pho ogaphsofsurrounding buildings signs antl uses 

3 Thenumberand types oflamps antl lens material tobeused in anyillumina etl 

signs 

4 Theexact loadon of thesign in relation Nthe building and property 

5 Details and spenfia ions for construction erection and atNrhment as may be 

required bythe Building Code 

c Asign permitis appliable gnN to thespecific sign for whichi is gamed Once a 

sign permit is grantedno temporary orpermanentsigns shall beattached oradded 

ohe given sign Ord 5849 Passed169 

tl All signs shall beappmvetl bythe Board of Building Standards However the 

Building Commissioner6 apthodzed roissue anopywall windowand awning 

signs asdefined in Section1329 03 c1 8antl 9J without atltlifional Boats 

approval for anystmcNreNat has been previously reviewed bythe BoardM 

Building StandardsArchitectural Board of Review whereabuilding MantlaM for 

uniform signage has been established fartwo ormare reNii mercantile oroNer 

business ottupanctss andwhereNe newsignage isin confortniry with the generzl 

planfor the building and wmplieswith all otherappliable sections ofNischapter 

e TheBuiltling Cgmm sionermay issuepermits fortempoary signs as defined in 

Section1329 03bID noto exceed fourpermits to anapplian relativeroa spedfic sign per hvelvrmonth period 

fTherepainting of existing signs Ne same color size and menageshall be 

considered maintenance antl no permit shallbe requiretl 

OM 22 92 Passed46 92 

1329 13MAINTENANCE AND REMOVALOF SIGNS 

t NI signs and sign structuresshall be maintained in asafe and attactivecondition Signs 

whiN and longer serve the purpose farwhiN they were intended orwhich have been 

abandoned or are not maintainetl in acceNanre with this chapter and otherappliable

egulations of the Gty shall beremovetl by thelatest permit holtler orby the Cry atthe 

Expense ofsuch permit holtler 

Whenever theremoval armaintenance ofairysign has been ordered byMe Building 

Commissioner he person firm orcoryoatlon who erected such sign aron whose 

premises such sign ordisplay shvcture has beenerected afixed orattached shall 

remove ormaintain suchsign withinfoM eight hours after receiving sudsnotice th the 

eventof remove 

noncompliance theCommissioner may areasetobe removed or 

maintain such sign attheexpense ofthe person firm or corpoation whoerected swh 

sign oronwhose premises it waserected afixed oratHChetl each suchperson firm or 

corpoation shall beintl Mdually and sepaa elyliable forthe expense inaredinMe 

removal of such sign 

Ord59 Passed169Ob 5285 Passed9386J 

1329 14GENERALCONDITIONSAND MATERIALS 

a Allowable Stress All materials used in structural elements ofou tloorsigns or 

display strucMres antl Me allowable stresses for such materials shall be in confortniry 

withMe applicable provisions of th6chapter The allowable stresses in chains mbles 

and guy rodsandtheir fastenings shall not steed one fourth their ultimatestrengM 

b Noncombustible Sians When noncombustible outtloor signs or display struRUres 

are required bythis chapter all parts intluding thesuppoting structure shallbe of 

noncombustible matetlal provitletl howeverHa woodapproved plasticorother mamdal not morecombustible thatwoodor approvetl plastic shallbe permittetl in Me 

fallowing lomdons 

1 Forsmall omamenHl moldings aps nailing stops individualletters 

symbokfigures and insignia 

2 On Mefaceofasign provided MaHe aggregate area of such faring for 

any sign shall rroexceed 100 squarefeet orfora group ofsigns shall not 

exceed 200 square feet antl 

3 For posts braces and latticing onground signs whosetotal height isnot 

mareMantwenty feet abovegrade leveland when specifically approved by he 

Building OficiaL 

c Combustible5ans No material moreflammable orcombustible Man wootlor 

approved plastic shall beused in any permifletl combustiblesign No combustiblesign 

shall beilluminated byoMelthanthereflector methotl of electriclightlng antl all partsof reflectors shallbe of noncombustible mamdaf 

d Testsfo A ved C bustibl Plasd Approved combustible plastic is any plastic 

material marethan050inch Mickwhich when testedfarFlammability Insheets060 

inch thick in accordance with AGfM D635 tloes not burn ata ate exceeding two and 

one half inches perminute 

e Useof A eelCombustlble Plas ice Approved combustibleplastics shall not be 

usedin positions wheretheyshall be subjeRm tempeahues in excessof 190 F unless 

Heyhave been approvetl forhighertemperatures bytheBoaN of Building Standards 

tGlass nProectina5ons Glass in projecting signs shallbe used onlyHsuch extent 

antl in such mannerthat no hazard shall becreated Hereby and then only if specifiraily 

approved bythe Building Ofidal 

g Atmchment of Proiectina Simns 

1 MaM rialsAllanchoage chains ablesorrods supporting orbating 

projecting signs shall beof a noncorosive material orpromcted in amanner 

acceptable Hthe Building Official The dead load and Meloads duem wind 

pressure shall be supportetlby sWCtualshapes chains cables orguy rods 

Lamrel supports shall be spaceAno moreManeigh eetapart Turnbuckles or 

other approved means ofadjustrneMshall be placetl in all chains mbles orrotls 

supporting orbradng projecting signs 

21 Method CompleH information regaNing Meproposed method ofsupport 

He permit No staples ornails shallbe usedto secure anyprotecting signo any 

builtling oroMerstructure Nopart ofa projecting sign shallbe supported from 

an unbacetl pamperwall 

Ord 50WPassed10680OM52 81 Passetl9385 

1329 15NONCONFONMING SIGNS 

Asign which is nonconforming on Meeffectivedatenfthischapter which tloes 

not conform wIHthe regulations of His orasubsequent amendment shallbe deemed a 

nonconformity 

a Statement Puroose The purpose ofMischapter in addition Hprovitling specific 

standardsfdr Me design construction anderection of everynew gmphlc sign 

marquee canopy and awning isHease everygraphic orothersign in violation 

of anyprovision of this rhapmr to beremoved altered or replaced soas H 

confprm wiHHe provisions ofMisNapier b Arh riNt Cod ueFxistino NOnconform tiesMypermanentgaphic sign 

marquee mnopy arawning as defined in Section 1329 03other Mana 

tempoary sign whichisdeemetlro be a nonconformity whiN was erected 

pursuant m aGty permitand in place ontheeffective date ofthisNapier and 

which remainsorbecomes anonconformity upontheadoption ofhis chapter or 

anysubsequent amendment thereto may becontinued only in accoNance wiH 

Me fallowing regulations 

1 RRlOrdinary repairs and nonstructural alteratlons maybe madeHa 

nonconforming sign No structural alHatlons shall bemade inroor uponsuch nonconforming sign except Mose required by law M makeHe 

sign mnfann to MeregulationsofMis chapter 

2 Addtions and ehlaraemenfs Anonconformingsign shall not be added 

to or enlargetl in anymanner except tomakethe sign conform tothe 

regulationofMis chapter 

3 Movin No nonconforming sign shall bemoved in whole orin parttp 

anyother loation unless such sign antl he use Hereof ismade M 

conform Mall regulationsof Mischapter 9 Rests d ofd tl f Anonconfarmingsign 

whichisdestroyetl ordamaged byfireorother cruse to Me extentNat 

Me cost of resMratlon will exceed saty percent60of Meoriginal cos 200 00for each offense Each day Maasigniserected ormaintained 

of such sign shall notberestored unless it is 

in violation of 

made Hconform toall Me Mis chapter shall ConstiNmasepaate offense regulations 

Ord 5649 Passedi69 

ofMis chapterorarty subsequent amendmentHereto Inthe 

eventHasuch damageordestruNOn isless Mansixty percent60of 

Me original cos of such sign no orconstruction shall bematle 

repairs shall be and is hereby amendetlto unlesssuch resHadon isstoned 

read as follows 

within sixmonths from He date of Me 

partialtlestrudion and Isdiligently pursued m completion 1329 61INTENT 

5 D ti of f nfo Anonconformingsign He useofwhich isdiscontinued for a periodofthirty daysshall a Sign regulatlons including provisions o control Me HereafterepMOrtnm 

type design size location 

He regulatlons ofMischapter illumina ion and maintenance Hereof are established 6 

in oNer th achieve among 

ch f f M Where thebusiness useor 

identity 

others the following purposes 

asmdatedwith the nonconforming sign at Me fime ofthe 

adoption ofHischapter Hereafterterminates orchangessuch 1 To promote attractive and maintain Hrminatlon orchange 

high value residential dIEHCts by permitting 

of usesiwll require terminationofMe 

only nameplates bulletin boards antl signs relamtl to Medevelop rental orsale 

nonconforming sign and Meuseofsuch sign shall Hereafterwnfonn to 

Me regulations ofthis Napmr 

Conformance date Allgaphirs signs marquees mnopies 

of properties insuch dlsHCts 

2 To rovitle reasonable t a ro dateconditlons for identi in and advertisin 

O p Pp p fY g g 

andawnings goods sold or serncesrendered in renderetl nonconforming byHe provisions ofhis chapter andpermittetl 

business districtsby relating the size type 

and design of signs tothe 

to continue shall be removed altered orremodeled Mconform tothe 

type and sizeof establishments 

3 To provide for appropriate signs forMe itlendfication and provisions ofthis chapter 

encouragement of 

nolaterthan3anuary 1985 

8 

iddu4rial developmenq 

WhenastrucNre antl or useis nonconforming andMe signage 4 To control Me tlesign of signs so Hat Heir restrictions forHetlisHct in which it islocated woultl 

apPeaance will beaes hetlNlty 

rouse hardship harmonious with their surroundingsand an pveallurban He regulations ofHe tlisHCt most ompatlble with Me 

design forMe area 

arren and or 5 TP eliminate anyconflict between proposed 

advertising or identifimGOn signs and trafic 

use shall beused control signs whiN woultl be hazardous m the safety of the motoring public or 

c Any sign gaphiwr numeal display embossedechetl engaved orotherwise 

pedestrian Ord389 Passedi69 

an 

in egal part oftheoriginal building s masonry aMitecmrewhich wasin existence priorHHe effective dateof Nis subsectionc maybecontinued 

provided suNsign graphic ornumeal display ismaintained as originally 

designetl and intended 

Ord 52 B5 Passed9385 

1329 16APPEAL PROCEDURE 

bIn establishing these objectives He Gry has determined Hag dearly articulated 

regulations and design standards will effectively promote high quality signs Ha 

Avariancefrom Mestrict applimfion oftheprovisions of His chapter may begranted by enhance He appeaance function and Naacter ofMe community 

He Board of Building Smndards in regale H ora new 

an existing nonconforming sign 

sign to be installed erected constructed orpainted if He BoaN finds Hat requiting 

rtriacompliance wits theprovisions of this Napter may impose anundue haMShipand 

All signs not wnfortning with Me provisions of His chapter are Hatthe gantlng 

hereby declared a 

of thevariance from the prowsions of His chapel will not depreciate 

ordamage neighhodng property 

nuisance Risfurther detlaretl that there9olatlons containetl in this chapter are the 

will not create asafety haaNandwill notbe contrary minimum regulationnecessaryHabate Me nuisance andHachieve H 

thepurposes ofthis 

He purposes of His chapter The procedure for applying for variance and Me 

hearing Herein shall be Me same as in casesinvolving coning 

chapter Ob 52 85 Passed9385 

variances Ord 589 

PassedI69 1329 62 ESTABLISHING REGULATIONS 

1329 99PENALTY 

Any person firm orcorpoation violating the provisions of His chapter shall be guilty of 

a mistlemeanor and upon conviction shall be fined no moreHan two hundretl tlollars 

V 

Signs shall bedesigned erected alteredreconstructed moved and maintainedin whole or 

inpart in acoordan ewiH the type design size lowROry illuminafion and other provisions 

set forth in this chapter

The consWRion erection safety and maintenanceof all igns shall be in accoNance with 

the Cry Building Code The provisions of this chapter shall no amend or in any way 

intertere with other codes rules or regulations governing affic signswithin thety Ord 

589Passed 169J 

1329 03 CLASSIFICATION OF SIGNS 

a Sgn means any display figure painting drawing placard poster orother device 

visible or from on a public waywhich is designed intendetl orusedHcorrvey a message 

inform or tlired attentlon to a person instl udon organization activity place object or 

product but does not include showwindow or interior displays Ii may be asWRpre or 

part thereof painted onarattached tliredly orintlireNyo a swcture 

b Oassifiodon by FunRional Type 

1 Billboard means a sign which s primarily intended to dired attention to a 

spedfic business pmduR service entertainment orairy other activity sold 

offered or contlucted elsewhere than upon He same lot orpremises on which 

the sign islpotetl and which may Subject to the prwieons of this chapter 

contain noncommercial message 

2 Bulletin board means xsign which if primarily intended to aMerlise he name 

of the 

business or esablishmen He or goads commodities sold antl pr bandnames thereof or 

services rendered on He lot orgremises which the sign islasted and which may subjeRo the provision of this Napteg contain nonommerdal messages The Hnnsadvertising and 

band names tlisfingulsh business signs from identification signs Ob 485 Passed936 

85 

3 Business sign means asign which ispdmadty intended to adJertlse he name 

of the business esHblishmeM the goatl or commodities sold and or brand 

names Hereof or services rendered on thelot or premises which He sign is 

looted and which may subject ro the provisiore this chapter wntain non 

wmmemial messages The terms advertising and bantl names tlidinguish 

business signs from itlendfication signs Ob52 86Passetl43 80 

4 Development sign means a sign directing attention H the promotion 

developmentorwnshuRionof a builtling orsubdivision ontheparcel of land on 

which the sign islooted 

Directional sign means a sign intlioting He tlirecdon p which attention is 

oiled either pn He loton whiN the sign ishated orwhich direc6adendonto 

anoNer locatlon Ob58 9 Passetl 1Fy9 

6 Identlfio ionsign means a sign which is prmary intended to indiote the 

name owner manager and or address of an existing building or business antl 

which may wbjeR to the provision of Hk chapteq mnbin noncommercial 

messages 

n Informatiool sign moosa sign which is primarily intended o give general 

information to thepublic onceming He Ip@tipn of places forlodging vehicle 

seMO time weather historicsites areas of natual sonic beauty oroutdoor 

recreation acilitles and similar information antl which may subjeR o the 

provision of His dmapier contain noncommercial mesoges Ord 52 Bi 

Passed9386 

The sire of signs Is regulated in His chapter by relating the gross area of signs to the 

building oruse ofa lot orthe size ofthe building unit to whichthe sign is accessory 

a The grossarea ofsigns fora building oruse shall include all pertnaneni surtaces visible 

from a public way and shall be measuretl for all signs except projecting orpole signs as 

follows 

p The area of He surface orsurfaces of an opaque ortranslucent panel used or 

in entledfadisplaying amessage plus 

2 Thearea vdNin He smallest rectangle enclosing asign composetl of letters or 

chareders which are individually attached toobuilding wall or oNer structural 

element not designed azapanel plus 

3 The area pf permanent window and door signs 

b Whenever He gross area ofHe signs are related tothe size ofthe builtling orIo 

the frontage pf a building shall be He width of He fa5ade ofthe building business ofice 

or intlustdal unit which face He principal street or he agade wnlaining he main 

entrance ofa businessoffice arindusMal building 

Q Buildings orlots havim9 frontage on a second street or a secondary entrance Ha 

parking area may bepe mitted additional signs along such secondary streetr which 

shall however not exceed werM1y five percent23ofHe area ofHe signs permitted 

along He main faodes 

tl ProeR ndor PoleSare The area ofany double orcoultl foodsign shall have only 

one face the largest one should the faces differ issize counted inokulafing the area of 

He sign and he measurable area shall be the entire area within a single contlnuomss 

perimeter wmposetl of square or rectangles which enclose He extreme limits of He 

advertising message Ord50 80 Passed10 80 

c Mutal signs Shall notexceed 100 square 

feetin area 

1329 05 DESIGNSTANDARDS 

Signs as permitted in all usedisMRS shall be designedto be wmpatible in character and 

styleviM regardHmaterials colorand sizeof He building othersigns designed orlocated 

on the same building and other signs adjoining buildings in orderHproduo an oveall 

unifietl effect and inawprdance withthestandards set forth in this section Signs hall be 

reviewed with raspedm each ofthe provisions of thissection anBShall requireapproval by 

theBOardof BuildingStandards Ord52 85 Passed9385 

a Continui Signs shall be wnsitlered in relationship toHeir surrounding environment 

andif seen inseries should havea wntinuiry of design 

b SM d Color The style of a sign shall be generelly coreis enthroughout he 

pardwlar building orblack involved therotorof signs shall be acomponent ofHe wlor of 

He building fagade and He total number of colmrs on asign shall belimdetl to four unless 

otherwise permiRed bytheBpartl of Building standards 

tlassifiodon 

8 Nameplate means a sign indicating thename address or profession of the 

person orpersonsawvpying He lot orpartofabuilding 9 Real estate sign means a sign directing attention to the promotion 

develppmen construction rental sale pr lease of property on which R is 

locatetl Ord5Passedi6910 Tempprery sign meansasignof any typeto announce specialeventhor salesto announcehesale leaseor rentalof properly antl designedto be usedfora period 

of timeupo sixty days but notto includeabulletin board Ord 5080 Passetl 

30G80 11 

Ofangeable copysign meansa sign or anyportion thereof whereHe messageor 

graphicss oak permanently affixedto He structure homingor backgroundantl 

may be pedadiolty replacedor wvered over manually or by electronic merhaniol 

devicesOrd4 86 Passed9386J 12 

MUaI sign meansasign paintedor appliedto an exterior wallof a buildingsand used forprimary busines idendfiotion purposesand doesnot wntainany other 

advertisingof protludsor services c 

byS mctual Type1 

Canopy sign meansa sign adaNedto the undersideof the canopyata ninety degree 

angle to the street intendedor pedestrian visibility Ord 4 85 Passed 

33B6J 2 

Ground sign meansa freesmntling sign whirtm hasa supporting base tlesignedas 

an integral partof thesign and resting totallyor primarilyOn the ground3 Pole sign meansa sign whichis supPOred whollyby a pole or poles and designetl 

soasto permit vehiwlar Pedestrianor traficHereunder4 

Portable sign meansa sign whichis designedo be portable and isnot permanently 

atlarhedtoany partof abuildingB Projecting sign meansasign erected on the ou sitle wallof a building and which 

projects outaan angle therefrom6 Roof sign meansasign erected upon antl completely over He roof of any building 

Wall 

sign meansa sign in egal with the exterior faceof an eMerior wall ofabuilding 

or atbdmedto the wallor paallel withthewall and projectingnomore that 

twelve inches therefrom8 

Window sign meansa sign painted aDadtedoraffixedto He interior surtaxof 

windowsordoorsofabuildingor are afixetl insidethebuilding within24ofHe interior window sufaceand visible from thepublic rightof way Ortl B 9 

Passed 169 

Awning sign meansa sign painted attachetl embossedoraffixedtoa fixetlor retractable 

awningOrd 486 Passetl93S6J 10 

MUaI signs meansa sign paintedonor appliedto an exterior wall surfaceof He 

ofa builtling 1329 

09 

MEASUREMENT STANDARDSc 

Lela The letteringona sign shall be lame enoughobe easilyread but notoverly large 

or out of sole wNt He building upon whichiiis placetl An excessive amountof informaton 

onsigns where visual cluttercouldcreatea potential safety hazardto motoristsor petlestriansshallnotbe permittedd 

Materials 9gns shall be fabricatedonantlof materialswhichareofgood quality goad tluabil 

M1y antl complemenbryto He building of whidm they becamea part When nonrombustible 

outtloor signsor tlisplay structuresarerequired by His chapterall parts including 

the supporting structures shallbeof nonwmbusOble materialprovided howeverHat 

waoQ approyetl plaster or other materialnot mare Han combustibleHan wootlor approved 

plastic shall be permittedinthe following laotions1 For small ornamental moldings opsnailing strips individual letters symbols figures 

antl insigniaQ On Hefaxofa sign provided Hat theaggregateare of such faringfar any signshall 

not exceed100 squarefeet Ob 69Passed Td69e 

5 rucNal Desan Any grephic other sign structure marqueeonopyor awningas tlefined 

inHis chapteq shallbe designedand constructedH withtandawind pressureof not 

less Han Mirrypountls per squarefootof net surfacearea allowingfor wind from any direction 

and shallbe mnRmdedHwithstandloatlsas requiretlinthe AmerionStandards Assodatlon 

Standard A601az amended antl as provitletl herein Signs shall no be attached 

to paapetsOb 5080 Passed 1060f 

Canoov5ans A onopy signis a sign attachedH the undersideof the onopyata ninety 

degree angle to the street intendedforpedestrian visibilitythe vertical tlimensionof the sign shall not exceed twelve indmes and the lowest strucNal member shall be not less 

Nan eightfee above sidewalk9adeq 

Gmund Bimns Shall not extend higher Han ten feet above the finished 9ade Permanent 

ground signs shallno be looted withinHe requred front and side yards unless appovetl 

by the Bookof Building StandardsOb30 80 Passed93S6J h 

Mual Signs May be permittetlinthe Cl C2 and Q Districts only in uses where innovatve 

designis demonstrated subjectto revew antl approvalby He Boardof Building SbndaNS 

i 

Projection SiansMay be permittedinthe Cl Q and C3 Districts polyin cases where innovative 

tlesignis tlempnstraed and whereno pptenial safety hazardto motoristsor pedestrians 

Is created subjeRto review and approvalby He Boardof Building Standards ProjeNng 

signs shall not project any further Han twenty four 

projects fromHe wrb No sign projecting overpublicproperty shall swing from any bar crane 

swingar other signOrd 

2596 Passed 10 96J 

inches from a veNOl line C

j Wall arPanel Sons Shall not Project morethan twelve inchesfrom Nebuilding wall ro 

which i isattached and shall beset back from the end ofthe building and party wall lines 

foradistance of at least eighteen inches and shall not projeQ beyond airy comer or above 

thecoping oreaves of any building Ob 52 85 Passed93 BSJ 

k Verdplteaance The lowest member for all signs which projeR or are supported on 

posts shall be not less than eight feet abovethe finishedgatle of a sidewalk or anyother 

pedestrian way and if located overa pavementused forvehicular traffic orwithin twenty 

four inches of the vertical projection ofthe edge of such pavemenq the lowest member of 

the signs shallbe noless than sateen feetabove thefinished pavement 

I Relafon toTaficDevices Signs shall not be erectetlso asto obstruR sight lines along 

any public way trafic control lights street name signs atintersections orstreet sigh lines 

or signals at ailroatlgatle crossings Signs visible from the sight lines along astreet shall 

no contain an arrow or woNS such as stop go slow etc and the movement 

conten4 mlodng ormanner of illumination shall not exceed twelve inches 

m Awning sions One awning sign shall be permitted The total area of one face of the 

sign shall not exceed sasquare feeandthevertical dimerwion of the sign shall notexceed 

twelve inches 

n Ch bl co s Shall comply with all other regulations of hk chapter 

Including Ne design standards in this section and the provisions for application for permits 

in Section 1329 12 

When reviewing the proposed sign the Board of Building Standards shall consider and 

establish thestandaNS applicable for the Nangeable copy which may include but are 

not limited to determining Ne portion of the sign permitted for changeable copy 

determining the suitable material and method for maWng changes and Ne manner far 

fastening the new copy and establishing the color and design criteria Theses 

standaMS shall be set forth in the sign permit and shall apply forthelife of the sign 

unless otherwise amended by the Board accoNing to seQion 132912 Ord 52 85 

Passed9385 

o Comprehensive Sign Plan As partofa comprehensiverehabilitatlon orredevelopmentof 

acommercially zonedsite orbuilding Me Board of Building Standards may approve special 

sign standaMS foraproperty azfollows 

1 The proposed sign program applies o all wrenand futurebuilding tenants and 

standardized the loatlon size and typeof all wall door and window signs 

2 The proposed sign progamis requires high quality materials innovative design 

and useslittleor noin emallyilluminated signage 

3 The Board may increase the amount of signage permitted for Ne property 

provided the condition of1 and 2above are metand permit mare thanthe standard square 

footage allowed per sign without requiting variances fareachsign 

4 The proposed sign progam approvals assigns the sign criteria fortheproperty 

all tenants must confirmto Mole requirements a all times 

3329 06ILLUMINATION OFSIGNS 

fj Gnoov sans One canopy sign shall be permitted Thetotal area ofone face ofthe 

sign shall not exceed five squarefeet and Ne vertical dimension of thesign shall noexceed 

twelve inches and thelowest structural member shall not be less thaneight feefrom the 

sidewalk gentle 

g Awnino Sions Oneawning sign shall be permitted The total area of one ace of the 

sign shall not exceed sixsquare feet andthe vertical dimension ofthesign shall not exceed 

twelve inches Ord 52 85 Passed93 85 

h BIlboard and Portable and Roof Sions eillboartls portable sigaz and roof signs shall 

no bepermitted in the ML and MH zoningdisbicts unlesspermi edby specific provisions of 

this chapter Ob 26 96 Passedl0J96J 1329 09 SIGNS COMMERCIAL OFFICE C3 COMMERCEAL RETAIL C2 GENERAL 

BUSINESS C3 DISi1tICT5 

Accessory signs in the Commercial Office Cl Cnmmercial Retail C2 General Business Q 

Districts be designed erected altered moved and maintained in whole or in part in 

accoNance wiN these regulations 

a Functional TvoesPermtted Businesssigns development signs of aempoary naNre 

directional signs idenfifiation signs informational signs nameplates political signs real 

esbte sigre temporary signs mural and bulletin boaNS on thelots of public orsemipublic 

insdtudons 

b structual Types Permitted Awning canopyground wall mural and window signs 

Projectingsigns may be permitted if approved by the Boardof Building standards 

c M Ar d N b P tted 

1 Maximum stun face area The maximum sign face area of all permanent signs 

permdted far earn separate use occupying a building orunit of a building shall 

be related ro the frontage of the building or unit thereof as deNrtninetl by the 

following formulae 

Maximum sign face area W x36 square feet exceptthat therotal in 

all casesshallnoexwetl 120 square feel 

The elementsofwrh formula being defined azfollows 

Maximum sign face area means the total area of one surface of a 

permanent sign asdefined insection 1329 04a Wmeans thefrontage of a buildingaddefined in section1329 046 

2 Bulletin boards One bulletin board notexceeding thirty square feet in area or 

eight feet in height may be located on he premises of a public charitable or 

religiousins utionbutho less Nan fifteenfeet from a street right of wayline indireRillumination shall be permitted 

a Light sourcesto illuminate signs shall beshielded from all adjacent residentlal buildings 

and streets and shall not be of such bdgh ness so as to pose glare hazardous ro 

pedestrians ormo otlsN or soas to rouse reasonable objeRivn From adjacent resitlenbal 

dlstdcts 

b All signs in retail office and industrial districts may be illuminated Parking lots and 

automotivesales lots shall beilluminated inacvrdance wiM Ne provisions ofthis section 

c Flashing armoving illumination shall no be permitted in any district withinthe Cry 

Ob69 PassedJ16 9J 

1329 0 SIGNSRESIDENTIAL DISTRICTS 

Aaessory signs shall be permitted intheRSLR1MRiH L and029is dc5pursuant tothe 

regulations of thePlanning andZoning Code Chapters 1121 1123 1125and 112J orNe same 

as shallbe amendedfrom limetvtime Ord26 96 Passed10 96J 

1329 08SIGNS APARTMENT ML ANDMH DISTRIOTS 

Accessory signs in Aparbnen ML and MH Oistric6 shall be designeQ ereced altered moved 

and maintained in whole orin part in accordance with these regulabons The types of signs 

permitted as o use structure size and number for each building or lot shall be regulated as 

follows 

a Bulletin Boards One bulletin board not exceeding twenty square feet in area or five 

feet in height maybe loped on the premises ofa public chadtable orreligious institution 

butnotless NartfReen feet from a streetright of wayline indireR illumination shall be 

permitted 

b beveloomensans One development sign not exceeding fifty square feet in area and 

ten feet in height shall be permitted on the lot which a building isantler construction Signs 

shall be removed onthe issuanceof a final occupancy permit orone year after the permit is 

issued whicheverdate Dears first 

cDrectional Sions Two directional signs each not exceeding two square feet in area 

shall be permitted on any building orlot but not less than five feetfrom any loorstreet tight af wayline 

d Identification Sions One wallorground itlen ificationsign notexceeding eight square 

feet shall be permitted provided the wallsign islocated on thestreet side of a multiple 

family building and provided any ground sign located in front of the setback line has 

received approval from the BoardofBuildingstandards e Rea4 Estate Sens One empoary double facefreestanding orwall sign advertising the 

sale lease or rental of Ne premises or part of the premises on wMCh Ne signs are 

displayed notexcaeding five square feetin area shall be permitted foreach lat 

3 Cahmmv sans A sign attached ro the underside of the pnopy a a ninety 

degree angle to the sree4 intended for pedesMan visibility The total area of 

one face of the sign does not exiled five square feet the verdpl dimension of 

the sign does not exceed twelve inches and Ne lowest struRUal memberis no 

less than eightfeeabovethe sidewalk gale 

4 Develodmentstuns One tempoary development sign not exceeding fifty square 

feet in area and tenfee in height shall be permitted on Ne lot upon which a 

building is under mrswction Signs shall be removed on the issuanceofa final 

occupanry permit or one year aRerthe period isissued whicheverdate otters 

first 

6 cfi I Two directional signs eachno exeeding two square feet in 

area shall be permitted on any building orlot butno less than five feet from 

any Ivtorstreetfight of wayline 

6 Ground sions One ground sign not to exceed forty square feet in area and Ne 

top ofthe sign shall not exceed ten feein height abovethe sidewalkgretle Infonnatlonal sions One iMOrmadonal ground sign no exceeding six square 

feet in sign face area may be permitted an any log butnot less than five feet 

firm airy lot orstreetright of wayline B Nameola es One nameplate not exceeding one square footin area for eartr 

sdre orofficeunit inthe building butno exceedingatotal ofeight nameplates 

perbuilding shallbe permitted 

10 Real esd esions One tempoary double face freestanding orwallsign adveNSing thesale leaseorrental of the premisesorpartof the premises on 

whichNe signs are displayed notexceeding five square fee shall bepermitted 11 Proecfina sons May be permitted in rases whereinnovative design is 

demonstrated and where no potential safety hazard romotodsts or pedestriare 

iscreated subjeR ro review and approval bythe Bvartl of Building Standards 

12 Awninosans One awning sign shallbe permitted The total area ofoneface of 

Ne sign shall no exceed six squarefeet and the ver8pl dimension ofthe sign 

shallnot exceed twelve inches 

13 Window signs Ailwindow signage including businessidentification 

merchandise 

signs tempoary signs shall be equal to orless Nan15 oFthetotal storefront 

window area square footage 

1J e s I to Are d L t nstandards

1 Side and rear ententes In cases where the office orbusiness building has an 

entrance from the stde street of a corner lot or has a back entrance firm a 

parking lot opento the publiq additional sign area equal o twenty five percent 

ZS of that permitteA on the front of Ne building may be used aversuch 

entrance Ob 82 85 Passed43 SSJ 

2 9hooo noenter itlenfificationsigns In addition to the sign farearea permitted 

foreach individualestablishmenq one shopping center sign identifying the name 

and or logo of a unified shopping area in the Cl Q 4 Districts may be 

permitted subject to review and approval by Ne Board of Building 5andaMS 

Shopping venter signs shall not exceed forty square feet in area and may be a 

ground sign subject to the regulations gaveming such sign Ob 2596 

PassedSO 

96 

4 Vaant lots Fach vacant lot ispermited amaximum sign area offifty square 

fee limited o aground sign which shall be located no closer ro anystreet Nan 

the required building setback line 

One son oer buildingface Notwithstanding he provision ofthis sedion each 

business shall be permitted amaximum of one sign on any single budding face 

forNe buildlpg orthe portion ofNe building in which the businessislocated provided thatthis limitation shall no apply to directional signs nameplates or 

real estate signs orto asxond nonrommeMal sign which shall noexceed five 

square feet Ord52 85 Passed93BSJ el Portable9ans Roof6arrsBIlboards Pole9ans Streamers Pennants Oohter ThamAr 

OMeRSand Wntl5ans PorNble signs roof signs billboads pole signs streamers pennants 

lighter than airmbjeds andwind signs shall notbe permitted in Ne Cl C2 zoning districts 

unlesspermitted byspetlfic provisions of Nis chapter 

1329 10SIGNS INDUSIRIALI DISRtICI 

Aaessory signs in Ne IndusMal I DisNd shall be designed ereded altered moved and Adopted 

maintained in whole or inpart in accokance wiN these regulations The requirements of Ne 

Industrial DisMd shall bethe same asthe requirements ofNe ClQand O Districtrspedfied 

in Section as 1329 09except otherwise stated herein 

aj Functional TvoesPerm Red Development signs of aMmpoery nature direc9onal 

signs identificationsigns and real enlacesigns 

b Stmduml TVmesPermitted Ground pole and wall signs 

Q Maximum6on Face Area The maximum sign face area of all permanent signs 

permitted for earn separate useocmpying abuilding orunit ofabuilding shall berelated to 

the frorHage ofNe building orunitthereof asdetermined by Ne following fortnular 

V 

Maximum sign face area W x3 square feet ezcepthat thetotal in all rases 

shalloot exceed loo square feet 

Theelements of suchformula being defined as follows 

Maximum sign face area means he rotal area of one wrface of apermanent 

sign asdefined in Section1329 n9a 

Wmeans the frontage ofabuilding as defined in Section 1329 696 

d Portable Signs Roof Starts Billboards Pole9ians 8treamem PennanthtioMer Than Nr 

Obiecrs and Wntl6ons Portable signs roof signs billboards pole signs streamers 

pennants lighter Nan airobjects and wind signs shall not be permitted in the I Zoning 

tlisNCts unlesspermitted by specific provisions ofthischapter e Vacant tats Bior Permitted Eachvacant lot ispermitted a maximumsign area of fifty 

square feet limited toaground sign which shallbelooted nocloserro artysheetNan the 

required building setback line 

Projecting sigrw require spetlal approval bythe Board of Building Standards 

ROOfsigns andportablesigns are no permitted inany disbiR 

Ob52 86 Passed43 SSJ 

1329 12APPLICATION FOR PERMITS 


mnceming and relating to the passage of this oNinance were adapted in an open 

meeting of Nis Council and that all such deliberation ofthe Council and of any ofits 

committees Natresulted insuch formal action were inmeetings open N Ne public in 

compliance wdh alt legal requirements 

Approved 


Clerk ofCouncil

RESOLUTION NO 

8450 10 gy 

PLACED ON 1ST READING 

REFERRED TO THE COMMITTEE OF THE 

WHOLE 10410 

A RESOLUTION to take effect immediately provided it received the affirmative vote of at 

least five 5 members elected to Council otherwise it shall take effect and be in force after the 

earliest period allowed by law authorizing and directing the Mayorto submitthe Fiscal YearFY 

2011 One Year Action Plan of the Consolidated Plan which includes dollar allocations and 

activities for federal Community Development Block Grant CDBG funds and Emergency Shelter 

Grant ESG funds and incorporates the City s application for CDBG funds ESG Funds HOME 

Investment Partnership funds and all amendments thereto and all understandings and 

assurances contained therein to the US Department of Housing and Urban Development 

HUD 

WHEREAS the Secretary of HUD is authorized by various Federal Acts to make grants to 

units of general local government to finance community development programs and 

WHEREAS HUD requires units of general local government to incorporate the 

Comprehensive Housing Affordability Strategy into a Consolidated Plan and 

WHEREAS the City is annually required with the participation and approval of its 

to submit a0ne Year Action Plan update of its Consolidated 

Citizens Advisory Committee CAC 

Plan to serve as a planning document and application for fiscal year allocations for various HUD 

programs including CDBG funds ESG Funds HOME Investment Partnership funds and 

WHEREAS the City proposes to apply for FY 2011 federal grants and has in that 

connection and as required by and pursuant to the various Federal Acts and Regulations of 

HUD prepared a FY 2011 One Year Action Plan of the Consolidated Plan which incorporates 

the City s application for federal CDBG funds ESG Funds HOME Investment Partnership funds 

and community development objectives and projected use of funds and which contains local 

objectives a description of activities to be undertaken a budget and certifications in the form 

or assurances and 

WHEREAS this Couhcil by a vote of at least five 5 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 of the 

SECOND AMENDER 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 immediate action is necessary in order to meet 

the annual HUD application deadline for Federal funds Now therefore 


Section 1 Tliat the Mayor is hereby authorized and directed to submit to HUD the 

FY 2011 One Year Action Plan of the Consolidated Plan as reviewed and approved by the CAC 

which incorporates the City s application for federal CDBG funds ESG Funds HOME Investment 

Partnership funds as indicated in Exhibit A and all amendments thereto and all understandings 

and assurances contained therein 

r

Section 2 That the FY 2011 One Year Action Plan of the Consolidated Plan as 

reviewed and approved by the CAC will reflectamulti year certification for the expenditure of 

CDBG funds for FY 2011 FY 2012 and FY 2013 

Section 3 That the Mayor is hereby authorized and directed 

to act in connection 

with submission of the FY 2011One Year Action Plan of the Consolidated Plan to provide such 

additional information as may be required and to enter into any and all agreements necessary 

to accept funds under these programs 


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 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 of its 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 it shall take 

effect and be in force after the earliest period allowed by law 

Adopted 

Approved 

PRESIDENT 

CLERK OF COUNCIL 

MAYOR

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City ofLakewood 

Audit Committee 

AnnualReport 2010 

Background 

October 2010 

Ordinance No93 07 Authorized the creationof the Audit Committee November2007 Adopted on 

December32007 and approved on December 7 2007 

2010 

Purposetoprovide independent review and oversight ofthe City s financial reporting 

processes internal controls and independent auditor comments To review financial 

statements independent auditor reports and follow upon corrective actions 

Membership composed of the Lakewood City Council Finance Committee members two 

Lakewood residents appointed by City Council and four Lakewood residents appointed by 

the Mayor 

Termsinitially one Council appointment and two Mayoral appointments shall serve for 

one year Thereafter each appointment and the remainder of all other initial appointments 

shall serve for a period oftwo years 

Bylaws and General Rules ofOperations Committeeshall meet at least on a quarterly 

basis The Committee shall devise its own officers governance and place and time of 

assembly 

In 2010 the Audit Committee has met every month with the exception of May Key accomplishments 

achieved during this time period were 

Page 1 

Key Activities for the in Quarter 2010 included the following 

Governance activities which included recording current and reappointed members and 

respective termsre affirm and revise the Annual Meeting Planner and establishedthe 

Committee s meeting schedule for the year 

Metwith the Finance Director and Assistant Finance Director who provided an update on 

thefinancial results ofthe City for theyear ended December 31 2009 review the final 2010 

budget 2009 Audit status and various Finance Department initiatives for2010 

Review of the Finance Department s plan in preparation for the 2009 Audit 

Pre 

Engagement meetingwith representatives ofJames G Zupka CPA Inc Independent 

Auditor to review the nature and scope ofthe 2009 Audit preliminaryfindings timeline of 

audit completion and changes in GASB 

J


AuditCommittee 

AnnualReport 2010 

Page 2 

Key Activities in the 2d Quarter 2010 included the following 

Met with James G Zupka CPA Inc to review the status of the 2009 Audit 

preliminaryfindings and timelineof audit completion 


Meet with the Finance Director and Assistant Finance Director who provided an 

update on the financial resultsofthe City for the first quarter of 2010 

Met with the City of Lakewood Finance Committee and Finance Department 

Key Activities in the 3rd Quarter 2010 included thefollowing 

Meet with the Finance Directorand Assistant Finance Director who provided an 

update on the financial results ofthe City for the second quarter and first half of 


Met in executive session with representatives ofthe City s Independent Auditor 

James G Zupka CPA Inc who conducted the 2009 Auditofthe Cityof Lakewood 

Revised and issued the Self Evaluation Form that the Committee usesto help 

identify specific areas that the members believe needs further development 

Reviewed the confidential anonymous submissions by employees regarding 

cdncernsorsuspectsoffraud 

Initiated a review ofthe Winterhursttransaction to ensure all applicable ordinances 

were adheredto improve transparency and improve internal controls 

Key Activities to be performed in the 4th Quarter 2010 include the following 

Meet with the Finance Directdr and Assistant Finance Director who will provide an 

update on the financialresults ofthe City forthe third quarter of2010 and status of 

the 2011 budget 

Conduct a post review ofthe 2009 Audit findings including a review of the 

administrative response to the findings and recommendations made by the 

Independent Auditor 

Election of2011 Committee Chairperson and Secretary 

In addition tothe above other activities ofthe Committee included 

Other Comments 

Provided financial market analysis opinions and common business practice 

information to all committee members and administrative staff 

Attended periodic meetings and seminars pertaining to the currentevents that may 

affect city governance and administration 

The Finance Director and or the Assistant Finance Director have attended the 

majority the meetings ofthe Audit Committee in 2010


Audit Committee 

Annual Report 2010 


Minutes from all ofthe Audit Committee meetings have been filed with the Clerk of 

Council 

Future Objectives 2011 2012 

The Committee plans to continue tofollowthe activities on a timely base as described more 

specifically in the Annual Meeting Planner with the focus on providing an independent 

oversight oftheCity s financial reporting processes and internal controls 

review and 

The Committee intends to continue to be a sounding board for the Finance Director other members 

ofthe Administration and membersofCouncil To provide a relative and meaningful 

financial business perspective tothe financial issues facingthe City ofLakewood 

Specific areas offocus forthe coming year include 

Initial assessment of establishing a risk management process 

Remediation of IT issues noted in the 2009Audit findings 

Financial Modeling beyond a one year time horizon 

Development of a Strategic Planning process 

Capital Structure ofthe City currently and the potential impact offuture funding 

requirements 

Respectively Submitted on behalfofthe Audit Committee 

Charles Page 

Chairman 2010 

Committee Members 

Kenneth Haber Council Appointment 

Raymond Cushing Council Appointment 

Charles Page Mayoral Appointment 

William George Mayoral Appointment 

Clint Weddell Mayoral Appointment 

Renee Mahoney Mayoral Appointment 

Michael Summers Councilman 

NickieAntonio Councilwoman 

Mary Louise Madigan Councilwoman 

Page 3 

f

COYIICII d LdfQE 

NICK E ANTONIO 

MONIQUE SMTfH 

BRIAN E POWERS 

11j 

rY or xeM 


In Re 2011 Budget Process and Issues 

Dear members ofCouncil 

12660 DETROITAVENUE 94107 216j529 6055 FAX216 2263650 

www onelakevro dcm 

LakewooC City Council 

Kevin Butler PRESIDENT 

MARV LOUISE MADIGAN VICE PRESIDENT Wartl Council 

WARD IKEVIN BUTLER 

WARDII 

THOMAS BULLOCK 

WARDIII MCHAELSUMMERS 

WARDNMARY LOULSE MADIGAN 

Since 2008 this administration and this City Councilhave committed toright sizing ourcity government byspending 

less than we take in As we know that had not always beenthe case in previous years Collectively wehave reduced 

general fund costs by37million over thepast 3 years Because in excess of75 ofourcity sgeneral fund costs are 

charts that 

related to payroll and benefit costs employee head count has been reduced dramatically I have attached pie 

remind us ofthe relative size ofmajor categories of ourcosts 

Each ofthe past three years have required costreductionsas a resultofdeclining revenuesand or other costs increasing 

2011 is nodifferent We approach this next year with anexpectation that revenues will be flat This is aslight improvement 

overthe previous years where revenues continuedto decline Structural costincreases aze moderate but require other 

adjustmentsto compensate for them 2010 Revenues were forecasted to decline by6 Unfortunately This Provedto be a 

reasonably accurate forecast 

AbriefRecap of2010 reductions 

Reduced expenditures 

appropriaflons by13 million by the followingreductions 1 Salary costs and a staff headcount levels were frozen at 2009 levels across all departments resulting in 

401 249in cost reductions 

2 Aportion of 2010 forecasted Separation payments were funded out of reserve accounts thatwere 

established in 2009 budget in anticipation of mandatory retirements of a significant number of our Safety 

force members in 2010 and 2011 This shifts250 000in costs from General to reserve balance funds 

3 Hospitalization and workers compensation cost reductions were to result in151 200and27 567 in cost 

reductions 

4 Administrative cost reduction in Human Service and Police were to result in250 000in reductions 

5 Mayor s discretionary cost reductions resulting from attrition were expected produce137 910 in future cost 

reductions

6 Reduction of economicdevelopment funds of75 000 allowed for a remaining balance of75 000to make 

strategic investments that will help us grow our way out of these adverse trends 

2010 targeted as budget surplus75 000 later reduced by15 000to cover ourcirculator bus costs 

We recently received an update from each ofthe directors at our September 13s Finance Committee meeting 

regarding the 2010 costreduction tazgets noted above Wealso conducted Department reviews this yeaz as agreed 

to at our February Planning Session 

I propose a 2011 Budget process as follows 

We will receivea proposed budget ordinance from MayorFitzGerald at ourNovember 15a city Council meeting 

This Ordinance will have addressed or will need to address a probable200 000 to300 

a structurally balanced budget This shortfall is causedby an expected wage increase from our collective 

000 cost reduction to meet 

bargaining units flat revenues at the currentreduced level and slight cost increasesofroutine supply and operating 

costs 

Our 2011 challenge and objectives 

1 address this expected shortfall acknowledging that we areat a sever handicap because ourtwo biggest 

bargaining units have yet tocome to an agreement for a new 3 year contract covering the periods 

2010 2011 and2012 2 Decide on strategic investments and their priority and reconcile themto our very limited capacity for 

investment 

3 address near and long term capital investments and the costs associated with them 

I propose the following process to achieve the challenges and objectives 

Meet as a Committee ofthe Whole on the following dates 

1 Wednesday evening November 17m to review and discuss the details ofthe Mayor s proposed appropriations 

ordinance The primary objective ofthis meeting is to gain a consensus regarding 

cost reductionsand or 

spending priorities that reflect our strategic priorities as agreed to in our February 2010 planning session 

copy attached 

2 Monday evening November22dto furtherour budget discussion with participation ofkey administration 

leadership as necessary 

3 Monday evening November 29tH refinementof discussions 

4 Monday evening December 13tH refinement of discussions 

5 Final Vote Monday December20tH 

While the 2011 budget my require fewer budget cuts that each ofthe previous three yeazs I believeweall 

understand that cuts from currentoperations are 

morc allenging given the magnitude of reductions that have 

preceded them 

Our guide as in the past must beto preserve the financial integrity ofour city government while having the least 

impact on core services and citizens as possible This will require more surgicalprecision than in past years and

certainly will require closecooperation with Mayor Fitzgerald and his leadership team The good news is that we 

have setthe stage ofproductivity gainsby investing in our newMicrosoft Exchange information Technology 

PlatformNow wemust leverage it for results 

Respectfully Submitted 

Michael P Summers 

ChairFinance Committee 

General Government General 

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dispatch

Counrl ak Large 

NICKIE ANTONIO 

MONIQUE BMTIH 

BRUN E POWERS 

Lakewood City Council 

12650 Detroit Avenue 

Lakewood Ohio 44107 

12650 DETROITAVENUE44107216 529 6055 FAX216 226 3650 

www 

onelakewood com 

Lakewoo0 Cih Council 

KEVlN BUTLER PRESIDENT 

MARY LOUISE MADIGAN VICE PRESIDENT 

October 18 2010 

Wartl CounNl 

WARDIKEVIN BUTLER 

WARDII 

THOMAS BULLOCK 

WARDQI MICHAEL SUMMERS 

WARDNMARY LOULSE MADIGAN 

Re Report on Lakewood s pilot programallowing leasheddog watkingin Lakewood Park and 

Kauffman Parkfor atwelvemonth period 

Dear Members ofCouncil 

The ordinance we passed earlier this yearthat established a pilot program for leashed dog 

walking in some Lakewood parks requires the Director ofPublic Works toworkwith volunteers to 

provide at leastone written report to City Council onthe status ofthe pilot program within the first six 

months 

Tonight we have that report due to the continued work ofthe Citizens Committeefor Leashed 

Dogs in Lakewood Parks aswell as PublicWorks Director Joe Beno and Captain Gary Stone ofthe 

LakewoodPolice Department Pleasejoin me in extending thanks to all involved 

I request areferral ofthis report to the appropriate coTnxnittee 

Sincerely 

ictstl51 

t1u J 

ThomasR BullockIII 

Member ofCouncil Ward 2

Background 

Citizens Committee for Leashed Dogs in Lakewood Parks xeport to ouncu 


The Citizens Committee for Leashed Dogs in Lakewood Parks the Committee presented to Council and 

through working with the Public Works and Public Safety committees developed a pilot program 

The pilot program was approved by Couhcil went into effective April 10 2010 

The pilot program allows leashed dogs in Lakewood and Kauffman parks for the period of 12 months 

The pilot also requires all waste station materials and signage be provided to the city by the Committee 

CommitteeFinancial Update 

The Committee provided 8 waste stations 6 in Lakewood Park and 2 in Kauffman Park and purchased 

the posts from the city keeping a uniform look to the parks 

Mutt Mitt Ba Dis ensers 

Si nsDirect waste station si na a and hardware 

Erie Designs signs and placards Nodogs in the park today 

for use at ark entrances on Jul 4 

Cit of Lakewood osts 

esi ns si ns directin romenade accessfor citizens with leashed dos 

Erie D 

Total citizen and local business investment 

512 96 

332 03 

140 00 

79 50 

1392 82 

The Committee currently holds enough money to purchase or replace additional68 stations We have 

been approved and are currently working with The Lakewood Foundation as our fiscal partner 

Pilot Program Impact tothe City Services 

PublicWorks 

o The Public Worksstaff partnered with us and installed all of the waste stations as there 

were concerns about hitting underground gas and water lines if the installatidn was done 

outside ofthe city staff We were very grateful for their partnership 

o One of our committee members has kept in touch with Director Beno throughout the 

summer According to these interactions there are no specific issues to report other 

than a few phone calls about dog waste in the parks 

o Director Beno recently suggested we provide a small sign stating no dogs in the 

playground area of Kauffman Park The Committee will review and workwith Director 

Beno on either repurposing or providing a new sign 

J

Citizens Committee for Leashed Dogs in Lakewood Parks Report toCouncil 


Page two 

Public Works continued 

o There was one post that either fell overor was pushed overon Sunday morning919 10 

in Lakewood Park The Public Works staff has put the post backup and will charge back 

the Committee for the materials 

Lakewood Police Another committee member reached out to Captain Stone in August and again 

in October There were a handful ofunsubstantiated reports atthe beginning but nothing since 

then according to Elaine Hearn Ahimal Control officer Per Captain Stone it seems there are no 

unusual incident reports from the Animal Control offcers and that the pilot program is going along 

well 

There was one incident that we are aware of at Kauffman Park with a dog off leash A child was 

licked by theoff leash dog and her parents were concerned No city services were involved in 

this incident 

Impact to residents 

The feedback the Committee has received has been overwhelmingly positive The patterns 

observed are as follows 

we have 

Although there is a natural reduction in the geese presence during the long hot summers the dog 

presence has also helped keep them at bay in Lakewood Park 

PerCaptain Stone and our own visual observations utilization of Lakewood Park has increased 

which is a positive for our city and for the health and safety of our residents 

Kauffman park utilization A dog adoption event was held in Kauffman Park in August bringing 

families from Lakewood and surrounding communities to the park 

The fake a bag leave abag program is working welt and the stations remain accessible and 

reuse recycle 

filled The effort is in line with keeping Lakewoodgreen 

All in all this has been a very positive experience and a good example of a citizens group and the city 

working well together to bring about positive change for Lakewood 

Local and National Attention for Lakewood 

The Committee was contacted by citizens from North Olmsted for the allowance of leashed dogs in their 

parks also The North Olmsted effort passed Council unanimously in all their city parks 

The Committee was recently contacted by Sharon Moore Councilwoman from Schererville 

read about us on the Internet and asked us to tell her more about the efforts in Lakewood 

Next Steos 

Indiana who 

Continue do current path of successful and responsible leashed dog walking in Lakewood and 

Kauffman Parks ij

The Committee would like to workwith City Council on future options for making the pilot into a 

permanent ordinance 

J

I 

h 

orr 



DEPARTMENT OF PUBLIC WORKS 

12650 DETROITAVENUE 44107 216529 6604 

JOSEPH J BENDPE 

DIRECTOR OFPUBLIC WORKS 

000 trees within the City right 

Lakewood s Forestry Department estimates that we own approximately14 

of way or on other City property Currently Lakewood spends about 50 000 per year 

Reforestation Program which plants over 200 new trees each year 

on its 

This communication is to bring to your attention the declining condition of a number of large trees on 

Clifton and West Clifton City Arborists have identified about 55 trees onClifton and 11 on West Clifton 

that should be targeted for removal in the near future due to their condition We realize that the trees are 

somewhat ofa landmark onthese streets however they havebecome a hazard and the City is responsible 

forthem whether they are standing up or lying down 

Trees are adversely affected by a number of factors that are a consequence of their unnatural urban 

environment and when they are nearing the end oftheir lifespan One ofthese factors is new and updated 

construction ofroads curbs sidewalks gas lines and waterlines Damage to the root system caused by 

nutrient deficiencies in the soil soil compaction and deicing chemicals can cause the trees to stop 

growing The trees are also affected by root rot fungus and wound diseases that start decay in the living 

trees When a tree becomes stressed by any of these factors and stops growing it is most likely the 

beginning ofthe end Trees that are ahazard need to be brought down in a controlled manner before they 

damage property or injury someone The storm that effected Lakewood onMay 7a this year was a small 

example ofthedamages that can be done by hazardous trees 

The City Forestry Department will have great difficulty keeping up with these removals over the next 

couple of years on top of the usual maintenance and removals that occur throughout the season This 

communication is intended to begin the public policy discussion regarding this looming problem and 

yourinput would be appreciated 

Please referthis communication tothe appropriate committee 

Sincerely 

Edward itzGerald 

Mayor 

JO 

Joseph J Beno 

Director ofPublic Works 

wwwonelakewood com

I 

O MOM 



12650 Detroit Avenue 


12650 Detroit Avenue 44107 216529 6630 FAX 216 529 5936 

www 


RE Sweepstakes Cafes A Proposed Moratorium 

Dear Members of Council 

Please consider the attached resolution to place a temporary moratorium on sweepstakes 

cafes in the City ofLakewood 

The City of Lakewood does not have any sweepstakes cafes or pending requests to open 

EDWARD FITZGERALD 

MAYOR 

similar businesses However these businesses are a new use of retail space that have grown in 

other communities To consider the impact these new businesses have ontraffic safety and the 

public welfare as well as to consider state law surrounding similar activities we are proposing a 

moratorium on permitting this use untilthe City can undertake proper consideration to zone 

and regulate this new type of business use 

Respectfully 

Ed FitzGe Id 

LIntemetCafes MayorCover 10062010 doc 

3

ORDINANCE N0 BY 

AN ORDINANCE to take effect immediately provided it receives the affirmative 

vote of at least five5 members elected to Council otherwise it shall take effect and 

be in force at the earliest period allowed by law to place a moratorium on the granting 

of permits to operate an Internet Cafe Sweepstakes Gaming Cafe or Computer Game 

Center Business for a period not to exceed six months in order to allow Council and the 

Lakewood Planning Commission to uridertake a review ofapplicable criminal codes and 

the Lakewood Zoning Code relative to these establishments 

WHEREAS pursuant tothe Constitutidn of the State ofOhio and the Ohio Revised 

Code municipalities have thepower to enact planning and zoning laws that are for the 

health safety welfare comfort and peace of the ritizens of the municipality including 

restricting areas usedfor businesses and trades and 

WHEREAS the City of Lakewood desires to withhold the granting of any occupancy 

permit or any other permit to an owner of a business that intends to open or devotes any 

floor area to an Internet Cafe Sweepstakes Gaming Cafe or Computer Game Center 

Business for a period oftime not to exceed six6 months while it undertakes a review 

and or study of the applicable criminal codes and the Lakewood Zoning Code and 

WHEREAS it is in the best interest ofthe City to consider if such business models 

are legal and if they are legal what areas of the Citywould be appropriate for such use as 

well as alternative planning scenarios for the City Lakewood and 

WHEREAS the Administration and Council will be able to review relevant criminal 

codes and planning zoning laws for the health safety welfare peace and comfort for 

the citizens ofthe City of Lakewoodmore effectively if a moratorium is in place allowing 

for an educated and informed decision to be made and 

WHEREAS Council would like no applications to be accepted for appearance before 

the Board of Zoning Appeals Planning Commission or Division of Housing and Building 

until atime in which the moratorium has been removed and 

WHEREAS this Council by a vote of atleast five 5 members elected thereto 

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 SECTONS 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 ahd to provide 

for the usual daily operation of municipal departments in that Internet cafes are opening 

rJ

3733827v3 

all over the greater Cleveland area and due to the negative impact on surrounding 

neighborhoods this moratorium is necessary to protect those neighborhoods until further 

review of criminal and zoning codes can be conducted Now Therefore 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD OHIO 

Section 1 Council hereby approves a moratorium of the granting of Occupancy 

Permits or any other permitto business owners who intend to operate an Internet Cafe 

Sweepstakes Gaming Cafe Computer Game Center Business orto any business devoting 

any floor area to this type of business for atemporary period oftime while it undertakes 

a review and orstudy of the applicable criminal codes and the Lakewood Zoning Code 

Section 2 Internet Cafe or Sweepstakes Gaming Cafe or Computer Game 

Center Business shall be defined for purposes of this Ordinance as any business that 

devotes any floor area to internet based sweepstakes marketing or retailing where a 

customer purchases apre paid phone card or internet access time and receives free 

entries in sweepstakes games with the purchase thereby gaining an opportunity to win a 

prize 

Section 3 No Occupancy Permits or any other permits shall be granted to a 

business owner who intends to open or devote any floor area ofthe business to an 

Internet Cafe Sweepstakes Gaming Cafe or Computer Game Center Business forthe 

period of this moratorium No valid existing business in the City of Lakewood can add any 

devices to the business which would establish an Internet Cafe or Sweepstakes Gaming 

Cafe or Computer Game Center within the existing business forthe duration ofthe 

moratorium 

Section 4 The moratorium shall be in effect for a period ofsix6months or 

until changes are enacted to amend the Codified Ordinances ofthe City of Lakewood tc 

address these issues or until Council approves legislation explicitly revoking this 

moratorium 

Section 5 That this ordinance is hereby declared to bean 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 reasonsset forth 

and defined in the preamble to this ordinance and provided it receives the affirmative 

vote of at least five 5 of its 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 

Section 6 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 deliberations of this Council 

J C 

2

nsoo a 

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 

Approved 

JJ 

President of Council 

Clerk of Council 

Mayor

t 

1j 

o 



Lakewood OH 44107 

12650 DETROITAVENUE 94107216 529 6092 FAX216 529 6806 

Re City ofLakewood Financial Policies Guidelines 

DeazMembers ofCouncil 

Jennifer R Pae 

Director of Finance 

Attached please find a draft ofthe City of Lakewood Financial Policies Guidelines These policies 

are meant to guide the City through everyday fiscal matters and in short and long term budgetary 

planning 

They provide guidelines for evaluating both current acfivities and proposals for future programs The 

policies provide the structure for all decision making with the goal of achieving and maintaining 

financial stability in the neaz andlong term 

I respectfully request that this correspondence be referred to the Finance Committee for further review 

and discussion ofthe draft document 

Sincerely 

ennifer RPae 

Director ofFinance 

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Lakewood OH 44107 

12650 DETROITAVENUE 44107216 529 6092 FAX216 529 6806 

Jennifer R Pae 

DirectorofFinance 

Re 771 million Issuance ofCity ofLakewood Ohio General Obligation Bonds and455 million 

Refunding ofthe 1998 General Obligafion Bonds 

Deaz Members ofCouncil 

Attached please find the Ordinances relating to the issuance of the general obligation bonds in the 

amount of771 

000 used to finance capital improvement projects from 2007 to 2010 and the 

refunding ofthe4550 000 1998 general obligation bonds 

I respectfully request that this legislation be placed on first reading and referred to the Finance 

Committee forfurther review 

Sincerely 

ennifer R Pae 

DirectorofFinance 

T

ORDINANCE NO By 

AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote ofat 


earliest period allowed by law providing for the issuance and sale of bonds in the aggregate 

principal amount not to exceed771 000 to pay costs ofvarious improvements approving and 

authorizing various documents and actions related to the issuance ofthebonds 

WHEREAS pursuant to Ordinance No 25 10 passed April 5 2010 a note dated 

April 14 2010 and maturing on April 13 2011 the Outstanding Note was issued to pay 

costs o i resurfacing City streets driveways and parking lotsiireconstructing a fuel tank 

bulkhead iii replacing traffic signals iv improving parksv constructing and reconstructing 

streets and sidewalks vi reconstructing renovating and improving City buildings vii 

implementing reforestation programs and viii improving the Lakewood Park Shoreline 

collectively the Improvement and 

WHEREAS the Director of Finance as fiscal officer ofthe City has certified that the 

estimated life or period of usefulness of the Improvement is at least five years and that the 

estimated maximum maturity ofthe Bonds is 18 years based upon the weighted average of the 

amounts allocated to the several classes of the Improvement set forth in the Fiscal Officer s 

Certificate which allocation is approved ratified and confirmed and 

WHEREAS this Council fmds arid determines that the City should retire the Outstanding 

Note with the proceeds ofthe Bonds described in Section 2 and other funds availableto the City 

and 

WHEREAS this Council by a vote of at least five 5 members elected thereto 

determinesthat this ordinance is an emergency measure and that this ordinance shall take effect 

atthe earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 ofthe SECOND 

AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the 


daily operation of municipal departments in that the Bonds must be sold promptly in order to 

retirethe Outstanding Note and preserve the credit ofthe City Now Therefore 

BE IT ORDAINED bythe City ofLakewood County ofCuyahoga Ohio that 

Section 1 Definitions and Interpretation In addition to the words and terms elsewhere 

defined in this Ordinance unless the context or use clearly indicates another ordifferent meaning or 

intent 

Annual Information means annual financial information and operating data ofthe type to 

be specified in theContinuing Disclosure Agreement in accordancewith the Rule 

Authorized Denominations means the denomination of5000 or any integral multiple 

thereof 

J 

p

Bond proceedings means collecfively this Ordinance the Bond Registrar Agreement the 

Bond Purchase Agreement the Certificate ofAward the Continuing Disclosure Agreement the 

Escrow Agreement and such other proceedings of the City including the Bonds that provide 

collectively for among other things the rights ofowners and beneficial owners ofthe Bonds 

Bond Purchase Agreement means the Bond Purchase Agreement between the City and the 

Original Purchaser 

Bond Register means all books and records necessary for the registration exchange and 

transferofthe Bonds as provided in this Ordinance and the Bond Registrar Agreement 

Bond Registrar menus The Huntington National Bank as the initial authenticating agent 

bond registrar transfer agent and paying agent for the Bonds under the Bond Registrar Agreement 

and until a successor Bond Registraz shall have become such pursuant to theprovisions ofthe Bond 

Registrar Agreement and thereafter Bond Registrar shall mean the successor Bond Registrar 

Bond Registrar Agreement means the Bond Registraz Agreement between the City and 

the Bond Registrar 

Bonds means the bonds authorized in Section 2 

Book entry form or book entry system means a form or system under which a the 

ownership of book entry interests in Bonds and the principal ofand interest on the Bonds may be 

transferred only through abook entry and b physical Bond certificates in fully registered form are 

issued by the City only to a Depository or its nominee as registered owner with the Bonds 

immobilized in the custodyofthe Depository or its designated agent The book entry maintained 

by others than the City is therecord that identifies theowners ofbook entry interests in those Bonds 

and that principal and interest 

Certificate ofAward means the Certificate ofAwazd authorized by this Ordinance to be 

signed by the Director ofFinance 

Charter means theCharter ofthe City 

City means the City ofLakewood Ohio 

Clerkmeans the ClerkofCouncil 

Closing Date means the date of physical delivery of and payment ofthe purchase price 

forthe Bonds 

Code means the Internal Revenue Code of 1986 the Regulations whether temporary or 

final under that Code or the statutory predecessor of that Code and any amendments of or 

successor provisions to the foregoing and any official rulings announcements notices procedures 

and judicial determinations regarding any of the foregoing all as and to the extent applicable 

2

Unless otherwise indicated reference to a Section of the Code includes any applicable successor 

section or provision and such applicable Treasury Regulations rulings announcements notices 

procedures and determinations pertinent to that Section 

Confinuing Disclosure Agreement means collectively the Continuing Disclosure 

Certificate and the agreements ofthe City set forth in Section 9c ofthis Ordinance 

Continuing Disclosure Certificate means the Continuing Disclosure Certificate authorized 

by this Ordinance 

County Fiscal Officer means the fiscal officer oftheCounty ofCuyahoga Ohio presently 

the CountyAuditor and beginning January 1 2011 the County Fiscal Officer 

Depository means any securities depository that is a clearing agency under federal law 

operating and maintaining with its Participants or otherwise a book entry system to record 

ownership ofbook entry interests in Bonds or the principal ofand interest on Bonds and to effect 

transfers of Bonds in book entry form and includes and means initially The Depository Trust 

Company a limited purposetrust companyNew York New York 

Trustee 

Director ofFinancemeans the Director ofFinance ofthe City 

Escrow Agreement means the Escrow Agreement between the City 

and the Escrow 

Escrow Fund means the escrow fund established pursuant to theEscrow Agreement 

Escrow Trustee meansUS BankNational Association 

Improvement means collectivelyi resurfacing City streets driveways and parking 

lotsii reconstructing a fuel tank bulkheadiii replacing traffic signals iv improving parks 

v constructing and reconstructing streets and sidewalks vi reconstructing renovating and 

improving City buildings vii implementing reforestation programs and viii improving the 

Lakewood Park Shoreline 

Interest Payment Dates means June 1 and December 1 of each year that the Bonds are 

outstanding commencing June 1 2011 

Mandatory Sinking Fund Redemption means the schedule softhemandatoryredemption ofTerm Bonds setforth in the CertificateofAward 

Mandatory Sinking Fund Redempfion Dates means those Principal Payment Dates set 

forth in the Certificate ofAward on which a portion oftheprincipal amount ofthe Term Bonds are 

required tobe redeemed 

MSRB means theMunicipal Securifies Rulemaking Board established by theSEC 

7

Original Purchaser means the original purchaser appointed by the Director ofFinance in 

the Certificate ofAward 

Outstanding Notes means the City sVarious Purpose Improvement Notes Series 2010 

which were issued onApril 14 2010 and mature onApril 13 2011 

Participant means any participant contracting with a Depository under a book entry 

system and includes securities brokers and dealers banks and trust companies and clearing 

corporations 

Preliminary Official Statement means the preliminary official statement of the City 

relating to the issuance of the Bonds substantially in the form now on file with the Clerk ofthis 

Council 

Principal Payment Dates means December 1 in each ofthe years from and including 2011 

to and including 2028 provided however that the first Principal Payment Date may be deferred 

one year and the last Principal Payment Date may be advanced up to five years ifsuch actions are 

determined by the Director of Finance in the Certificate ofAward to be in the best interest ofand 

financially advantageous to the City and further provided that in no case shall the last Principal 

Payment Date exceedthemaximum maturity ofthe Bonds 

Rulemeans Rule 15c2 12prescribed by the SECpursuant to the Securities Exchange Act 

of 1934 

SECmeans the Securities and Exchange Commission 

Serial Bonds means those Bonds designated as such and maturing on the Principal 

Payment Dates setforth in the Certificate ofAward 

Specified Events means the occurrence ofany ofthe following eventswithin themeaning ofthe Rule principal and interest payment delinquenciesnon paymentrelated defaults ifmaterial 

unscheduled draws on debt service reserves reflecting financial difficulties unscheduled draws on 

credit enhancements reflecting financial difficulties substitution ofcredit or liquidity providers or 

their failure to perform adverse tax opinions the issuance by the Internal Revenue Service of 

proposed or final determinations oftaxability notices ofproposed issues other material notices or 

determinations with respect tothe tax status ofthe Bonds or other material events affecting thetax 

exempt status ofthe Bonds modifications to rights of owners or beneficial owners ofthe Bonds if 

material Bond calls if material and tender offers defeasances release substitution or sale of 

property securing repayment ofthe Bonds if material and rating changes bankruptcy insolvency 

receivership or similar event ofthe City merger consolidation or acquisition ofthe City or the sale 

ofali or substantially all ofthe assets ofthe City other thanin the ordinary course ofbusiness entry 

into a definitive agreement to undertake such action or the termination of a definitive agreement 

relating to any such actions other than pursuant to its terms if material and appointment of a 

successor Bond Registrar or achange ofname ofBond Registrarifmaterial The repayment ofthe 

ri 

4

Bonds isnot secured by a lien on any property capable ofrelease or sale or for which other property 

maybe substituted 

TermBonds means those Bonds if any designated as such and maturing on the Principal 


The capfions and headings in this Ordinance are solely for convenience ofreference and in 

no way define limit or describe the scope or intent of any Sections subsections paragraphs 

subparagraphs or clauses hereof Reference to a Section means asection of this Ordinance unless 

otherwise indicated 

Secfion 2 Authorized Principal Amount and Purpose Application ofProceeds It is 

necessary and determined to be irithe City sbestinterest to issue bondsofthis City in an aggregate 

principal amount notto exceed771 000 the Bonds to retire the Outstanding Note and topay costs of the issuance ofthe Bonds The aggregate principal amount ofBonds to be issued not to 

exceed771 000 shall be determined by the Director ofFinance in the Certificate ofAward to be 

the aggregate principal amount of Bonds that is required to be issued at this time for the purpose 

stated in this Section 2 

A portion ofthe proceeds ofthe Bonds sufficient together withother money available to the 

City to retire the Outstanding Note shall be deposited into the Escrow Fund in accordance with the 

Escrow Agreement A portion ofthe proceeds ofthe Bonds sufficient together with other moneys 

available to the City shall be deposited into an appropriate fund ofthe City and usedto pay costs of 

issuance of the Bonds Any proceeds of the Bonds not spent 120 days after the issuance ofthe 

Bonds shall be transferred to theBond Retirement Fund and used topayprincipal ofor interest on 

the Bonds whendue Allinterest earned on amounts on deposit in each ofthose funds derived from 

the proceeds ofthe Bonds including interest earned on such interest shall be credited to the fund 

and usedfor the purposes set forth above and shall not be transferred to the General Fund All of 

the proceeds ofthe Bonds and interest earned on those proceeds and the interest on such interest 

are hereby appropriatedfor the purposes setforth above 

Section 3 Denominations Dating Principal and Interest Payment and Redemption 

Provisions The Bonds shall be issued in one lot and only as fully registered bonds in the 

Authorized Denominations but in no case as to a particular maturity date exceeding the principal 

amount maturing on that date TheBonds shall be datedthe Closing Date 

a InterestRates andPayment Dates The Bonds shall bear interest at the rate or rates 

ofinterest per year computed on a360 day per year basis consisting oftwelve30 daymonths as 

shall be determined by the Director ofFinance in the Certificate ofAward subject to sectionc of 

this Section Interest on the Bonds shall be payable at such rate or rates on the Interest Payment 

Dates untilthe principal amount has been paid orprovided for The Bonds shall bear interest from 

the most recent date to which interest has been paid orprovided for or ifno interest has been paid 

or providedfor from their date 

b Principal Payment Schedule The Bonds shall mature or be payable pursuant to 

Mandatory Sinking Fund Redemption on the Principal Payment Dates in principal amounts as shall 

r

e detemuned by the Director ofFinance subject to subsection ofthis Section in the Certificate 

of Award which deternnation shall be consistent with the best interests of and financial 

advantages tothe City 

Consistent with the foregoing and in accordance with the determination ofthe best interest 

of and fmancial advantages to the City the Director of Finance shall specify in the Certificate of 

Awardi the aggregate principal amount of the Bonds to be issued as Serial Bonds if any the 

Principal Payment Date or Dates on which those Serial Bonds shall be stated to mature and the 

principal amount thereof that shall be stated to mature oneach such Principal Payment Date andii 

the aggregate principal amount of the Bonds if any to be issued as Term Bonds the principal 

amount thereof that shall be stated to mature on each such Principal Payment Date and the 

Mandatory Sinking Fund Redemption Date and the Mandatory Sinking Fund Redemption 

applicable to those Term Bonds 

c Conditionsfor Establishment ofInterest Rates and Principal Payment Dates and 

Amounts The rate or rates of interest per year tobe borne by the Bonds and the principal amount 

ofBonds maturing shall be such that the total principal and interest payments on the Bonds in any 

fiscal year in which principal is payable is not more than three times the amount ofthose payments 

in any other fiscal year The net interest rate per year for the Bonds determined by taking into 

account the respective principal amounts ofthe Bonds and terms to maturity or Mandatory Sinking 

Fund Redemption ofthose principal amountsofBonds shall not exceed 6 per year 

d Payment of Bonds The principal of and interest and any premium on the Bonds 

shall be payable in lawful money ofthe United States ofAmericawithout deduction forthe services 

of the Bond Registrar as paying agent Principal of and any premium on the Bonds shall be 

payable when due upon presentafion and surrender of the Bonds at the designated corporate trust 

office ofthe Bond Registrar Interest on a Bond shall be paid on each Interest Payment Date by 

check or dra mailed to the person in whose name the Bond was registered and to that person s 

address appearing on the Bond Register at the close of business on the 15th day ofthe calendar 

month next preceding that Interest Payment Date Notwithstanding the foregoing if and so long as 

the Bonds are issued in a book entry system principai of and interest and any premium 

on the 

Bonds shall be payable in the manner provided in any agreement entered into by the Director of 

Finance in the name and on behalfofthe City in connection with the bookentry system 

maturity 

e Redemption Provisions The Bonds shall be subject to redemption prior to stated 

as follows 

i Mandatory Sinking Funa Redemption If any ofthe Bonds are issued as 

Term Bonds the Term Bonds shall be subject to and redeemed pursuant to Mandatory 

Sinking Fund Redemption on the MandatorySix ldng Fund Redemption Dates applicable to 

the Term Bonds set forth in the Certificate of Award at a price equal to 100 of the 

principal amount ofthe Term Bonds to be redeemed plus accrued interest to the applicable 

Mandatory Sinking FundRedemption Date 

The Cityshall have the optionto deliverto the Bond Registrarfor cancellation Term 

Bonds in any aggregate principal amount and to receive a credit against the then current or 

6

any subsequent Mandatory Sinking Fund Redemption and corresponding mandatory 

redemption obligation ofthe City for Term Bonds stated to mature on the same Principal 

Payment Date as the Term Bonds so delivered That option shall be exercised by the City 

on or before the 15th day preceding any Mandatory Redemption Date with respect towhich 

the City wishes to obtain a credit by famishing the Bond Registrar a certificate signed by 

theDirector ofFinance setting forth the extent ofthe credit to be applied withrespect to the 

thencurrent or any subsequent Mandatory Sinking Fund Redemptoon for Term Bonds stated 

to mature on the same Principal Payment Date If the certificate is not timely furnished to 

the Bond Registrar the current Mandatory Sinking Fund Redemption and corresponding 

mandatory redemption obligation shall not be reduced A credit againstthe then current or 


redemption obligation also shall be received by the City for any Term Bonds which prior 

thereto have been redeemed other than through the operation ofthe applicable Mandatory 

Sinking Fund Redemption or purchased for cancellation and canceled by 

the Bond 

Registrar to the extent not applied theretofore as a credit against any Mandatory Sinking 

Fund Redemption for Term Bonds stated to mature on the same Principal PaymentDate as 

the Term Bonds so redeemedor purchased and canceled 

Each Term Bond so delivered or previously redeemed or purchased and canceled 

shall be credited by the Bond Registrar at 100 ofthe principal amountthereof against the 

then current or subsequent Mandatory Sinking Fund Redemption and corresponding 

mandatory redemption obligations for Term Bonds stated tomature on the same Principal 

Payment Date as the Term Bonds so delivered redeemed or purchased and canceled 

ii Optional Redemption Certain maturities of the Bonds may be subject to 

optional redemption by and at the sole option of the City in whole or in part in integral 

mulfiples of5000 on the dates in the years and at the redemption prices expressed 

percentage ofthe principalamount to be redeemed plus accrued interesttothe redemption 

date all to be determined by the Director of Finance in the Certificate of Awardprovided 

that the earliest optional redemption date shall not be earlier than December 1 2019 or later 

thanDecember 1 2022 and the redemption price shall not be greaterthan 103 

If optional redemption ofTerm Bonds at a redemption price exceeding 100 of the 

principal amount to be redeemed is to take place as of any Mandatory Redemption Date 

applicable to those Term Bonds the Term Bonds or portions thereof to be redeemed 

optionally shall be selectedby lot prior tothe selection by lot ofthe Term Bonds ofthe same 

maturity to be redeemed by operation of Mandatory Sinking Fund Redemption The Bonds 

to be redeemed pursuantto this paragraph shall be redeemed only uponwritten notice from 

the Director of Finance to the Bond Registrar given upon the direction ofthis Council by 

passage of an Ordinance That notice shall specify the redemption date and the principal 

amount ofeach maturity of Bonds to be redeemed and shall be given at least 45 days prior 

to theredempfion date or such shorter period as shall be acceptable to the Bond Registrar 

There shall be deposited with the Bond Registrar on or prior tothe redempfion date 

moneys that in addition to any other money available therefore and held by the Bond 

7 

as a

Registrar will be sufficient to redeem the Bonds for which notice ofredemption has been 

given 

iii PartialRedemption Iffewer thanall ofthe outstanding Bonds are called for 

optional redemption at one time they shall be called as selected by and in a manner 

determined by the City If fewer than all Bonds ofa singlematurity are tobe redeemed the 

selection of the Bonds to be redeemed or portions thereof in Authorized Denominations 

shall be made by the Bond Registrar by lot in amanner determined by the Bond Registrar 

hz the caseof partialredemption ofBonds by lotwhen Bonds in denominations greater than 

5000 are then outstanding each5000 unit of principal shall be treated as if it were a 

separate Bond ofthe denomination of5000 Ifit is detemuned that one or more but not 

all of the5000 units of principal amount represented by a Bond are to be called for 

redemption then uponnotice ofa redemption ofa5000 unit orunits the registered owner 

of that Bond shall surrender the Bond to the Bond Registrar a for payment of the 

redemption price of the5000 unit or units of principal amount called for redemption 

including without limitation the interest and accrued interest to theredemption date and 

b issuance without charge to the registered owner of a new Bond or Bonds of any 

Authorized Denomination or Denominations in an aggregate principal amount equal to the 

unmatured and unredeemed portion of and bearing interest atthe samerate and maturing on 

the same date as the Bond surrendered 

iv Notice o Redempfion The noflce of the call for redemption 

of Bonds shall 

idenfify A by designation letters numbers or other distinguishing mazks the Bonds or 

portions thereof to be redeemed B the redemption price to be paid Cthe date fixed for 

redempfion and D the place or places where the amounts due upon redemption are 

payable The notice shall be given by the Bond Registraz on behalfoftheCity bymailing a 

copy ofthe redemption notice by first class mail postage prepaid at least 30 days prior to 

the date fixed for redemption to the registered owner ofeach Bond subject toredemption in 

whole or in part at the registered owner saddress shown on the Bond Register maintained 

by the Bond Registrar at the close of business on the fifteenth day preceding that mailing 

Failure to receive notce by mail or any defect in that notice regarding any Bond however 

shall not affect thevalidity oftheproceedings forthe redemption ofany Bond 

v Payment of Redeemed Bonds Notice having been mailed in the manner 

provided in the preceding paragraph hereof the Bonds and portions thereof called for 

redemption shall become due and payable on the redemption date and upon presentation 

and surrender thereof at the place or places specified in that notice shall be paid at the 

redemption price plus interest accrued to the redemption date If money for the redemption 

of all of the Bonds and portions thereof to be redeemed together with interest accrued 

thereon to the redemption date is held by the Bond Registrar on the redemption date so as 

to be available therefore on that date and ifnotice ofredemption has been deposited in the 

mail as aforesaid then from and after theredemption date those Bonds and portions thereof 

called for redemption shall cease to bear interest and no longer shall be considered to be 

outstanding If that money shall not be so available on the redemption date or that notice 

shall not have been deposited in the mail as aforesaid those Bonds and portions thereof shall 

continue to bear interest until they are paid at the same rate as they would have borne had 

8

they not been called for redemption All money held by the Bond Registrar for the 

redemption of particular Bonds shall be held intrust for the account ofthe registered owners 

thereof and shall be paid to them respectively upon presentation and surrender of those 

Bonds 

Section 4 Si nin and Authentication of Bonds Appointment of Bond Registraz The 

Bonds shall be signed by theMayor and theDirector ofFinance in the name ofthe Cityand in their 

official capacities provided that either or both of those signatures may be a facsimile The Bonds 

shall be issued in the Authorized Denominations and numbers as requested by the Original 

Purchaser and approved by the Director of Finance shall be numbered as determined by the 

Director ofFinance in order to distinguish each Bond from any other Bond and shall express upon 

their faces the purpose in summary terms for which they are issued and that they are issued 

pursuant to this Ordinance 

The Huntington National Bank is hereby appointed toact as the initial Bond Registraz The 

Bond Registraz Agreement in the form now onfile with the Clerk is approved and the Director of 

Finance is authorized to sign and deliver in the name and on behalfofthe City the Bond Registrar 

Agreement with any changes that are not inconsistent with this Ordinance are not materially 

adverse to the City and are approved by the Director of Finance That such changes are not 

materially adverse to the City and have been approved by the Director of Finance shall be 

conclusively evidenced bytheDirector ofFinance ssigning oftheBond Registrar Agreement The 

Director ofFinance shallprovide for thepayment ofthe services rendered and for reimbursement of 

expenses incurred pursuant to the Bond Registrar Agreement except to the extent paid or 

reimbursed by the Original Purchaser in accordance with the Bond Purchase Agreement from the 

proceeds of the Bonds to the extent available and then from other money lawfully available and 

appropriatedorto be appropriated forthat purpose 

No Bond shall be valid or obligatory for any purpose or shall be entitled to any security or 

benefit under the Bond proceedings unless and until the certificate ofauthentication printed on the 

Bond is signed bythe Bond Registrar as authenticating agent Authentication by theBond Registrar 

shall be conclusive evidence that the Bond so authenticated has been duly issued signed and 

delivered under and is entitled to the security and benefit of the Bond proceedings The certificate 

ofauthentication may be signed by any authorized officer or employee ofthe Bond Registrar orby 

any other person acting as an agent ofthe Bond Registrar and approved by the Duector ofFinance 

on behalf ofthe City The same person need not sign the certificate of authentication on all ofthe 

Bonds 

Secfion 5Re istration Transfer and Exchange BookEntry System 

a Bond Regisb ar So long as any oftheBondsremain outstanding the Citywill cause 

the Bond Registrar to maintain and keep the Bond Register at its designated corporate trust office 

Subject to the provisions of Section5c the person in whose name a Bond is registered on the 

Bond Register shall be regarded as the absolute owner of that Bond for all purposes 

ofthe Bond 

proceedings Payment of or on account ofthe debt charges on any Bond shall be made only to or 

upon the order ofthat person neithertheCity northe Bond Registrar shall be affected by any notice 

to the contrary but theregistration maybe changed as provided in this Section A11 such payments 

9

shall be valid and effectual to satisfy and discharge the City s liability upon the Bond including 

interest tothe extent ofthe amount or amounts so paid 

b Transfer and Exchange Any Bond may be exchanged for Bonds of anyAuthorized 

Denomination upon presentafion and surrender atthe designated corporate trust office ofthe Bond 

Registrar together with a request for exchange signed by the registered owner orby aperson legally 

empowered to do so in a form satisfactory to the Bond Registrar A Bond maybe transferred only 

on the Bond Register upon presentation and surrender oftheBond at the designated corporate trust 

office of the Bond Registrar together with an assignment signed by the registered owner or by a 

person legally empowered to do so in a form satisfactory to the Bond Registraz Upon exchange or 

transfer the Bond Registrar shall complete authenticate and deliver a new Bond or Bonds of any 

Authorized Denomination or Denominations requested by the owner equal in the aggregate to the 

unrnatured principal amount of the Bond surrendered and bearing interest at the same rate and 

maturing 

onthe samedate 

If manual signatures on behalf ofthe City are required the Bond Registrar shall undertake 

the exchange or transfer ofBonds only after the new Bonds are signed bythe authorized officers of 

the City In all cases ofBonds exchanged or transferred the City shall provide for signing and the 

Bond Registrar shall authenticate and deliver Bonds in accordancewith theprovisions ofthe Bond 

proceedings The exchange or transfer shall be without charge to the owner except that the City 

and Bond Registrar may make a charge sufficient to reimburse them for any tax or other 

governmental charge required to be paid with respect to the exchange or transfer The City or the 

Bond Registrar may require that those charges ifany be paid beforethe procedure is begun for the 

exchange or transfer All Bonds issued and authenticated upon any exchange or transfer shall be 

valid obligations ofthe City evidencing the same debt and entitled tothe same security and benefit 

under the Bond proceedings as the Bonds surrendered upon that exchange or transfer Neither the 

City nor the Bond Registrar shall be required to make any exchange or transfer ofi Bonds then 

subject to call for redemption between the 15th day preceding themailing of nofice ofBonds tobe 

redeemed and the date ofthat mailing oriiany Bond selected forredemption in whole orin part 

c BookEntry System The Bonds may be issued to a Depository for use in abook entry 

system and ifand aslong as abook entry systemis utilizeditheBonds maybe issued in the form 

of a single fully registered Bond representing each maturity and registered in the name of the 

Depository orits nominee asregistered owner and immobilized in the custody oftheDepository or 

its designated agentiithe book entry interest owners of Bonds in book entry form shall have no 

rightto receive Bonds in theform ofphysical securities or certificates iii ownership ofbook entry 

interests in Bonds in book entry form shall be shown by book entry on the system maintained and 

operated by the Depository and its Participants and transfers of the ownership of book entry 

interests shall be madeonly by book entry bythe Depository and its Participants andivtheBonds as such shall not be transferable or exchangeable except for transfer to another Depository or to 

another nominee ofaDepository withoutfurther action by the City 

Ifany Depository determines not to continue to act as aDepository for the Bonds for use in 

a book entry system the Director ofFinance may attempt to establish a securities depository book 

entry relationship with another qualified Depository If the Director of Finance does not or is 

unable to do so the Director of Finance and after the Bond Registraz has made provision for 

10

notification of the book entry interest owners by the then Depository and any other arrangements 

deemed necessary shall permit withdrawal ofthe Bonds from the Depository and the City and the 

Bond Registrar authenticate and deliver bond certificates in registered form to the assigns of the 

Depository or its nominee all at the cost and expense including any costs ofprinting if the event 

is not theresult ofCity actionorinaction ofthose persons requesting such issuance 

The Director of Finance is also hereby authorized and directed to the extent necessary or 

required to enter into any agreements determined necessary in connection with the book entry 

system for the Bonds after determining that the signing thereof will not endanger the funds or 

securities ofthe City 

Section 6 Sale ofthe Bonds to the Original Purchaser The Bonds are to be sold by the 

Director ofFinance tothe Original Purchaser at private sale at a purchase price not less than 97 

ofthe aggregate principal amount thereof as shall be determined by the Director of Finance in the 

Certificate of Award and shall be awarded by the Director of Finance with and upon such other 

terms as are required or authorized by this Ordinance to be specified in the Certificate ofAward in 

accordance with law the provisions of this Ordinance and the Bond Purchase Agreement The 

Director ofFinance is authorized if it is determhned to be in the best interest ofthe Cityto combine 

the issue ofBonds with one or more other bond issues ofthe City into a consolidated bond issue 

pursuantto Section 133 30BoftheRevised Code in which case asingle Certificate ofAwardmay be utilized for the consolidated bond issue if appropriate and consistent with the terms of this 

ordinance 

The Director ofFinance shall sign and deliver the Certificate ofAward and shall cause the 

Bonds to be prepared and signed and delivered together with a true transcript of proceedings with 

reference to the issuance of the Bonds to the Original Purchaser upon payment of the purchase 

price The Mayor theDirector ofFinance the Director ofLaw the ClerkofCouncil and other City 

officials as appropriate each are authorized and directed to sign any transcript certificates financial 

statements and other documents and instruments and to take such actions as are necessary or 

appropriate to consummate the transactions contemplated by this Ordinance 

The Bond Purchase Agreement in the form now on fde with the Clerk is approved The 

Director ofFinance is authorized to sign and deliver in the name and on behalf of the City the 

Bond Purchase Agreement with any changes or amendments that are not inconsistent with this 

Ordinance are notmaterially adverse to the City and are approved bythe Director ofFinance That 

such changes are not materially adverse to the City and have been approved by the Director of 

Finance shall be conclusively evidenced bythe Director ofFinance ssigning ofthe Bond Purchase 

Agreement oramendments thereto by the Director ofFinance 

Section 7 Provisions for Tax Lew There shall be levied on all thetaxable property in the 

City in addition toall other taxes adirect tax annually duringtheperiod theBonds are outstanding 

in an amount sufficient to pay the debt charges on the Bonds when due which tax shall not be less 

thanthe interest and sinking fundtax required by Section 11 ofArticle XIIofthe Ohio Constitution 

The tax shall be within theten mill limitation imposed by law shall be and is ordered computed 

certified levied and extended upon the tax duplicate and collected bythe same officers in the same 

manner and at the same time that taxes for general purposes for each ofthose years are certified 

11

levied extended and collected and shall be placed before and in preference to all other items and 

for the full amount thereof The proceeds of the tax levy shall be placed in the Bond Retirement 

Fund which is irrevocably pledged forthe payment ofthe debt charges on the Bonds when and as 

the same fall due 

In each year to the extent money from the municipal income taxis available forthe payment 

of debt charges on the Bonds and is appropriated for that purpose the amount ofthe tax shall be 

reduced bytheamount ofthemoney so available and appropriated in compliance 

with thefollowing 

covenant To the extent necessary the debt charges on the Bonds shall be paid from municipal 

income taxes lawfully available therefor under the Constitution and the laws ofthe State of Ohio 

and the Charter ofthe City and the City hereby covenants subject and pursuant to such authority 

Section 133 05B7 Revised Code to appropriate annually from such 

including particularly 

municipal income taxes such amount as is necessary to meet such annual debt charges Nothing in 

this pazagraph hi any way diminishes the pledge of the full faith and credit and property taxing 

power ofthe City totheprompt payment ontheBonds 

Section 8 Federal Tax Considerations This Council covenants that it will use and will 

restrict the use and investment of the proceeds ofthe Bonds in such manner and to such extent as 

maybe necessary so thata theBonds will noti constitute private activity bonds arbitrage bonds 

or hedge bonds under Section 141 148 or 149 ofthe Code orii be treated other than as bonds to 

which Section 103 a ofthe Code applies and b the interest thereon will not be treated as anitem 

oftax preference under Section 57oftheCode 

The City further covenants that a it will take or cause tobetaken such actionsthat may be 

required of it for the interest on the Bonds to be and to remain excluded from gross income for 

federal income tax purposes b it will not take or authorize to be taken any actions that would 

adversely affect that exclusion and c it or persons acting for it will among other acts of 

compliancei apply the proceeds ofthe Bonds tothe governmental purposes ofthe borrowingii 

restrict the yield on investment property iii make timely and adequate payments to the federal 

government iv maintain books and records and make calculations and reports and v refrain 

from certain uses of the proceeds of the Bonds and as applicable of property financed with such 

proceeds all in such manner and to the extent necessary to assure such exclusion ofthat interest 

under the Code 

The Director of Finance as the fiscal officer or any other officer of the City having 

responsibility for issuance of the Bonds is hereby authorized a to make or effect any election 

selection designation choice consent approval or waiver on behalfof the Citywith respect to the 

Bonds as the City is permitted or required to make or give under the federal income tax laws 

including without limitationthereto anyoftheelections provided forin Section148 f4C ofthe 

Code or available under Section 148 of the Code for the purpose of assuring enhancing or 

protecting favorable taxtreatment or status ofthe Bonds or interest thereon or assisting compliance 

with requirements for that purpose reducing the burden or expense of such compliance reducing 

the rebate amount or payments or penalties or making payments of special amounts in lieu of 

malting computations todetermine or paying excess earnings as rebate or obviating those amounts 

or payments as determined by that officer which action shall be in writing and signed by the 

officerb to take any and all other actions make or obtain calculations make payments and make 

cS b 

12

or give reports covenants and certificafions of and on behalf ofthe City as may be appropriate to 

assure the exclusion of interestfrom gross income and the intended tax status ofthe Bonds and c 

to give one ormore appropriate certificates ofthe City for inclusion in the transcript ofproceedings 

forthe Bonds setting forth the reasonable expectations ofthe City regarding the amount and useof 

all the proceeds ofthe Bonds the facts circumstances and estimates onwhich they are based and 

other facts and circumstances relevant tothe tax treatment oftheinterest on and the tax status ofthe 

Bonds 

To the extent permitted by law and a determination it is in the best interests ofthe City 

the Director of Finance is authorized to designate the Bonds as qualified tax exempt 

obligations for purposes ofSection265 b3 ofthe Code 

Section 9 Official Statement and Continuing Disclosure 

a Primary Offering Disclosure Offcial Statement The Preliminary Official 

Statement ofthe City relating to the original issuance ofthe Bonds substantially in the form now on 

file with the Clerk of Council is approved The distribution and use ofthe Preliminary Official 

Statement is hereby approved The Mayor and the Director of Finance are each authorized and 

directed to complete the Preliminary Official Statement with such modifications completions 

changes and supplements as those officers shall approve or authorize for the purpose ofpreparing 

ahd determining and to certify or otherwise represent that the revised Preliminary Official 

Statement is a deemed final official statement except for permitted omissions by the City as of 

its date for purposes ofthe Rule 

Those officers are each further authorized and directed to complete and sign 

on behalfofthe 

City and in their official capacities a fmal official statement for purposes of the Rule and are 

further authorized to use and distribute or authorize the use and distribution of that fmal official 

statement and supplements thereto in connection with the original issuance ofthe Bonds as may in 

theirjudgment benecessary or appropriate Those officers and each ofthem are also authorized to 

sign and deliver onbehalf ofthe City and in their official capacities such certificates in connecfion 

with the accuracy of the Preliminary Official Statement and the fmal official statement and any 

amendment thereto as may in theirjudgment be necessary or appropriate 

b Applicationfor Rating or Bond Insurance If in the judgment ofthe Director of 

Finance the filing of an application for i a rating on the Bonds by 

one or more 

nationally recognized rating agencies oriia policy ofinsurance from acompany or companies to 

better assure the payment of principal of and interest on the Bonds is in the best interest of and 

financially advantageous to this City the Director ofFinance is authorized to prepare and submit 

those applications to provide to each such agency or company such information as may be required 

for the purpose and to provide further for the payment of the cost ofobtaining each such rating or 

policy excepttothe extent otherwise paid in accordance with the Bond Purchase Agreement from 

the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully 

available and that are appropriated or shall be appropriated for that purpose To the extent the 

Director ofFinance has taken such actions those actions arehereby ratified and confirmed 

13

c Agreement to Provide Continuing Disclosure For the benefit ofthe owners and 

beneficial owners from time totime ofthe Bonds the Cityagrees as the only obligated personwith 

respect to the Bonds under the Rule to provide or cause to be provided such financial information 

and operating data audited fmancial statements and notices in such manner as may be required for 

purposes of paragraphb5iof the Rule The City further agrees in particular to provide or 

cause to be provided 

i to the MSRBA Annual hnformation for each City fiscal year ending hereafter 

not later than the 270th day following the end ofthe fiscal year and B when and if 

available audited City fmancial statements for each such fiscal yeaz and 

ii to the MSRB within 10 days notice ofA any Specified Event B the City s 

failure to provide the Annual Information within thetime specified above andCany 

ofits annual fmancial 

change in the accounting principles applied in the preparation 

statements any change in its fiscal yeaz its failureto appropriate funds to meet costs 

to be incurredtoperformthe agreement and oftheternunation ofthe agreement 

The Continuing Disclosure Certificate in the form now on file with the Clerk is approved 

The DirectorofFinance is authorized and directed to complete sign and deliver in thename and on 

behalf ofthe City the Continuing Disclosure Certificate with such changes that are not inconsistent 

with this Ordinance are not materially adverse to the City and are approved by the Director of 

Finance to specify in reasonable detail the Annual Information to be provided which may be 

provided by specific reference to other documents previously filed and available in accordance with 

the Rule whether the City has obtained any credit enhancement or provider for the Bonds and the 

City s expectations as to whether audited financial statements will be prepared the accounting 

principles to be applied in their preparation and whether they will be available together with or 

separately from Annual Information That any such changes to the Continuing Disclosure 

Certificate are not materially adverse to the City and are approved by the Director ofFinance shall 

be evidenced conclusively by the signing ofthe Continuing Disclosure Certificatebythe Director of 

Finance 

The Director ofFinance is further authorized and directedto establish procedures in order to 

ensure compliance bythe Citywith its ContinuingDisclosure Certificateincluding timelyprovision 

ofinformation and notices as described above Prior to making any filing in accordance with clause 

ii above or providing notice of the occurrence of any other events the Director ofFinance shall 

consult with and obtain legal advice from as appropriate the Director of Law and bond or other 

qualified independent special counsel selected by the City The Director ofFinance acting in the 

name and on behalf of the City shall be entitled torely upon any such legal advice in determining 

whether afiling should be made 

The City reserves the right to amend its Continuing Disclosure Agreement and to obtain the 

waiver ofnoncompliance with any provision ofthe Continuing Disclosure Agreement as may be 

necessary or appropriate to achieve its compliance with any applicable federal securities law or rule 

to cure any ambiguity inconsistency or formal defect or omission and to address any change in 

circumstances arising from a change in legal requirements change in law or change inthe identity 

nature or status ofthe City or type of business conducted by the City Any such amendment or 

ZSf 

I4

waiver will notbe effecfive unless the Continuing Disclosure Agreement as amended or taking into 

account such waiver would have complied with the requirements of the Rule at the time of the 

primary offering ofthe Bonds after taking into account any applicable amendments to or official 

interpretations of the Rule as well as any change in circumstances and until the City shall have 

received eitheri a written opinion ofbond or other qualified independent special 

counsel selected 

by the City that the amendment or waiver would not materially impair the interests of owners or 

beneficial owners ofthe Bonds orii the written consentto the amendment or waiver ofthe owners 

of at least a majority ofthe principal amount ofthe Bonds then outstanding Annual Information 

containing any revised operating data or financial information shall explain in narrative form the 

reasonsfor any such amendment or waiver and the impact of the change on the type ofoperating 

data or financial information beingprovided 

The City s Continuing Disclosure Agreement shall be solely for the benefit of the owners 

and beneficial owners from time totime ofthe Bonds The exclusive remedy for any breach ofthe 

agreement by the City shall be limited to the extent permitted by law 

to ari ght of owners and 

beneficial owners to institute and maintain or to cause to be instituted and maintained such 

proceedings as may be authorized at law or in equity to obtain the specific performance by the City 

of its obligations under the agreement Any individual owner or beneficial owner may institute and 

maintain orcause to be instituted and maintained such proceedings to require the City to provide or 

cause to be provided a pertinent filing if such a filing is due and has not been made Any such 

proceedings to require the City to perform any other obligation under the Continuing Disclosure 

Agreement including any proceedings that contest the sufficiency of any pertinent filing shall be 

instituted and maintained only by a trustee appointed by the owners and beneficial owners ofnot 

less than 25 in principal amount of the Bonds then outstanding or by 

owners and beneficial 

owners ofnot less than 10 in principal amount ofthe Bonds then outstanding in accordance with 

Section133 25B4b orC1 of the Revised Code as applicable or any like or comparable 

successorprovisions 

The performance by the City of its Continuing Disclosure Agreement shall be subject tothe 

annual appropriation of any funds that may be necessary to performit 

The City sContinuingDisclosure Agreement shall remain in effect only forsuch period that 

the Bonds are outstanding in accordance with their terms and the City remains an obligated person 

with respect tothe Bonds within the meaning ofthe Rule The obligation ofthe Cityto provide the 

Annual Information and notices ofthe events described above shall ternunate if and when the City 

no longer remains such an obligated person 

The Director of Finance is hereby authorized and directed to the extent necessary or 

required to enter into any agreements in the name and on behalf of the City that the Director of 

Finance deternunes to be necessary in connection with a book entry system for the Bonds after 

approval ofany such agreement bythe Director ofLaw 

Section 10 Escrow Agreement The Escrow Agreement in the form now onfile with the 

Clerk is approved The Director of Finance is authorized to sign and deliver in the name and on 

behalf of the City the Escrow Agreement with any changes that are not inconsistent with this 

Ordinance are not materially adverse to the City and are approved by the Director ofFinance That 

1

any such changes are not materially adverse to the City and have been approved by the Director of 

Finance shall be conclusively evidenced by the signing ofthe Escrow Agreementby the Director of 

Finance 

Section 11 Certificafion and Delivery ofOrdinance and CertificateofAward The Director 

ofFinance is directed to deliver a certified copy of this Ordinance and the Certificate ofAward to 

the County Fiscal Officer 

Section 12 Notice ofPassage The Clerk ofCouncil is directed to give public notice ofthe 

passage ofthis Ordinancein accordance with Section 12 oftheCharter ofthe City 

Secfion 13 Satisfaction ofConditions for Bond Issuance This Council determines that all 

acts and conditions necessary to be done or performed by the City orto have been met precedent to 

and in the issuing ofthe Bonds in order to make them legal valid and binding general obligations of 

the City have been performed and have been met or will at the time ofdelivery ofthe Bondshave 

been performed and have been met in regular and due form as required by law that the full faith 

and credit and general property taxing power as described in Section 7 ofthe City are pledged for 

the timely payment of the debt charges on the Bonds and that no statutory or constitutional 

limitationofindebtedness ortaxationwill have been exceeded in theissuance oftheBonds 

Section 14 Retention of Financial Advisor The services of MAS Financial Advisory 

Services LLC as financial advisor are hereby retained The financial advisory services shall be 

in the nature of financial advice and recommendations in connection with the issuance and sale 

of the Bonds Inrendering those financial advisory services as anindependent contractor that 

firm shall not exercise any administrative discretion on behalf ofthe City in the formulation of 

public policy expenditure of public funds enforcement of laws rules and regulations of the 

State the City or any other political subdivision or the execution of public trusts That firm 

shall be paid just and reasonable compensation for those financial advisory services and shall be 

reimbursed for the actual out ofpocket expenses it incurs in rendering those financial advisory 

services The Director ofFinance is authorized and directed to the extent they are not paid by 

the Original Purchaser in accordance with the Bond Purchase Agreement to make appropriate 

certification as to the availability of funds for those fees and any reimbursement and to issue an 

appropriate order fortheir timelypayment as written statements are submitted by that firm 

Section 15 Compliance with Oven Meeting Requirements This Council finds and 

determines that all formal actions of this Council concerning and relating to the passage of this 

Ordinance and that all deliberations ofthis Council and any ofits committees that resulted in those 

formal actions were in meetings open tothe public all in compliance with the law 

7 

I6

Section 16 Emereency This Ordinance is hereby declared tobe an emergency measure 

necessary forthe immediate preservation ofthe public peace property health safety 

and welfare 

in the City and for the further reason that the Bonds must be sold promptly in order to refire the 

Outstanding Note and preserve the credit of the City and provided it receives the affirmative 

vote ofat least five of its members elected to Council this Ordinance shall take effect and be in 

force immediately upon its passage by the Council and approval bythe Mayor 

Passed 2010 

Approved 


17 


ClerkofCouncil 

Mayor

ORDINANCE NO By 

AN ORDINANCE to take effect immediatelyprovided it receives theaffumative vote ofat 


earliest period allowed by law providing for the issuance and sale of bonds in the aggregate 

principal amount not to exceed4550 000 to refund all or a portion of the City s outstanding 

various purpose general obligation bonds series 1998 approving and authorizing various 

documents and actions relatedto the issuance ofthe bonds 

WHEREAS pursuant to Ordinance Nos798898 98 10 98 11 98 12 98 13 98 

14 98 15 98 16 98 17 98 18 98 and20 98 each passed March 2 1998 bonds dated as of 

March 1 1998 the Outstanding Bonds were issued to pay costs o i acquiring and 

installing police communications equipment ii improving streets iii renovating and 

equipping municipal recreational facilities iv improving and renovating municipal buildings 

municipal sites and rights of wayvreconstructing and resurfacing streets curbs aprons and 

sidewalks and restoring tree lawns vi renovating the service garage vii installing traffic 

signals viii advance refunding the City s Various Purpose General Obligation Bonds Series 

1992 dated June 15 1992 issued for the purpose ofa acquiring real estate b reconstructing 

and replacing curbingc constructing adding to and renovating City buildings d constructing 

a fire stafion e improving recreational facilities andfconstructing and reconstructing streets 

curbs and aprons and ix advance refunding the City s Sanitary Sewer System Special 

Obligation Bonds Series 1992 dated February 1 1992 issued to pay the costs of acquisition 

construction and improvement ofsanitary sewer facilities collectively the Improvement and 

WHEREAS the Director ofFinance as fiscal officer of the City has certified that the 

estimated life or period of usefulness of the Improvement is at least five years and that the 

estimated maximum maturity of the Bonds calculated in accordance with Ohio Revised Code 

Section 133 34 is December 1 2017 the last maturity permitted forthe Outstanding Bonds and 

WHEREAS this Council finds and determines that the City should refund all ora portion of 

the Outstanding Bonds with the proceeds of the Bonds described in Section 2 and other funds 

available tothe City and 


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 SECTONS 10 and 13 ofthe SECOND 

AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the 


daily operation of municipal departments in that the Bonds must be sold promptly in order to 

retire the Outstanding Note and preserve the credit ofthe City Now therefore 

BE IT ORDAINED by the City of Lakewood County of Cuyahoga Ohio that 

Section 1 Defmitions and Interpretation In addition to the words and terms elsewhere 

definedin this Ordinance unless the context or use clearly indicates another or different meaning or 

intent

Annual Information means annual financial information and operating data ofthetype to 

be specified in the Confinuing Disclosure Agreement in accordance with the Rule 

thereof 

Authorized Denominations means the denomination of5000 or any integral multiple 

Bond proceedings means collectively this Ordinance the BondRegistrar Agreement the 

Bond Purchase Agreement the Certificate of Award the Continuing Disclosure Agreement the 

Escrow Agreement and such other proceedings of the City including the Bonds that provide 

collectively for among other things therights ofowners and beneficial owners ofthe Bonds 

Bond Purchase Agreement means the Bond Purchase Agreement between theCity and the 

Original Purchaser 

Bond Register means all books and records necessary for the registration exchange and 

transfer ofthe Bonds as provided in this Ordinance and the Bond Registrar Agreement 

Bond Registrar means The Huntington National Bank as the initial authenticating agent 

bond registrar transfer agent and paying agent forthe Bonds under the Bond Registrar Agreement 

and until a successor Bond Registrar shall have become such pursuantto the provisions ofthe Bond 

Registrar Agreement and thereafter Bond Registrar shall mean the successor Bond Registrar 

Bond Registrar Agreement means the Bond Registrar Agreement between the City and 

the Bond Registrar 

Bonds means thebonds authorized in Section 2 

Book entry form or book entry system means a form or system under which a the 

ownership of book entry interests in Bonds and the principal of and interest on the Bonds may be 

transferred only through abank entry and b physical Bond certificates in fully registered form are 

issued by the City only to a Depository or its nominee as registered owner with the Bonds 

immobilized in the custodyofthe Depository or its designated agent The bookentry maintained 

by others thanthe City is therecord that identifies the owners ofbookentry interests in those Bonds 

and that principal and interest 

Certificate of Award means the Certificate ofAward authorized by this Ordinance tobe 

signed bythe Director ofFinance 

Charter means the Charter ofthe City 

City means theCity ofLakewood Ohio 

Clerk means the ClerkofCouncil

Closing Date means the date of physical delivery of and payment of the purchase price 

for theBonds 

Code means the Internal Revenue Code of 1986 the Regulations whether temporary or 

fmal under that Code or the statutory predecessor of that Code and any amendments of or 

successor provisions to the foregoing and any official rulings announcements notices procedures 

and judicial deternnations regarding any of the foregoing all as and to the extent applicable 

Unless otherwise indicated reference to a Section ofthe Code includes any applicable successor 

section or provision and such applicable Treasury Regulations rulings announcements notices 

procedures and determinations pertinenttothat Section 

Continuing Disclosure Agreement means collectively the Confinuing Disclosure 

Certificate and theagreements ofthe City set forth in Section9cofthis Ordinance 

Continuing Disclosure Certificate means the Continuing Disclosure Certificate authorized 

by this Ordinance 

County Fiscal Officer means thefiscal officer ofthe County ofCuyahoga Ohio presently 

the County Auditor and beginning January 1 2011 the County Fiscal Officer 

Depository means any securities depository that is a clearing agency under federal law 

operating and maintaining with its Participants or otherwise a book entry system to record 

ownership ofbook entry interests in Bonds orthe principal ofand interest on Bonds and to effect 

transfers of Bonds in book entry form and includes and means initially The Depository Trust 

Company a limited purpose trust company New York New York 

Trustee 

Director ofFinance means theDirectorofFinance ofthe City 

Escrow Agreement means the Escrow Agreement between the City and the Escrow 

Escrow Fund means theescrow fund establishedpursuant tothe Escrow Agreement 

Escrow Trustee meansUS BankNational Association 

Improvement means i acquiring and installing police communications equipment ii 

improving streets iii renovating and equipping municipal recreational facilities iv improving 

and renovating municipal buildings municipal sites and rights of wayv reconstructing and 

resurfacing streets curbs aprons and sidewalks and restoring tree lawns virenovating the service 

garage vii installing traffic signals viii advance refunding the City sVarious Purpose General 

Obligafion Bonds Series 1992 dated June 15 1992 issued for the purpose ofa acquiring real 

estate b reconstructing and replacing curbing c constructing adding to and renovating City 

buildings d constructing a fire station e improving recreational facilities andfconstrucfing 

and reconstructing streets curbs and aprons and ix advance refunding the City sSanitary Sewer 

System Special Obligation Bonds Series 1992 dated February 1 1992 issued to paythe costs of 

acquisition construcfion and improvement ofsanitary sewer facilifies

Interest Payment Dates means June 1 and December 1 of each year that the Bonds are 

outstanding commencing June 1 2011 

Mandatory Sinking Fund Redempfion means theschedule softhemandatory redemption 

ofTerm Bonds set forth in the Certificate ofAward 

Mandatory Sinking Fund Redemption Dates means those Principal Payment Dates set 

forth in the Certificate ofAward on which aportion ofthe principal amount ofthe Term Bonds are 

requiredto be redeemed 

MSRB means the Municipal Securities Rulemaking Board established by the SEC 

Original Purchaser means the original purchaser appointed by the Director ofFinance in 

the Certificate ofAv ard 

Outstanding Bonds means the City sVarious Purpose General Obligation Bonds Series 

1998 dated as ofMarch 15 1998 originally issued in theamount of20 355 000 

Participant means any participant contracting with a Depository under a book entry 

system and includes securities brokers and dealers banks and trust companies and clearing 

corporations 

Preliminary Official Statement means the prelimhiaiy official statement of the City 

relating to the issuance ofthe Bonds substanfially in the form now on file with the Clerk ofthis 

Council 

Principal Payment Dates means December 1 in each oftheyears from and including 2011 

to and including 2017 provided however that the first Principal Payment Date may be deferred 

one year and the last Principal Payment Date may be advanced up to five years if such actions are 

determined by the Director ofFinance in the Certificate ofAward to be in the best interest ofand 

financially advantageous to the City and further provided that in no case shall the last Principal 

Payment Date exceed the maximummaturity ofthe Bonds 

of 1934 

Rule means Rule 15c2 12 prescribed by the SEC pursuantto the Securities Exchange Act 

SEC means the Securities and Exchange Commission 

Serial Bonds means those Bonds designated as such and maturing on the Principal 


Specified Events means the occurrence ofanyofthe following events within themeaning 

ofthe Rule principal and interestpayment delinquenciesnon paymentrelated defaultsifmaterial 

unscheduled draws on debt service reserves reflecting financial difficulties unscheduled draws on 

credit enhancements reflecting financial difficulties substitution ofcredit or liquidity providers or 

J

their failure to perform adverse tax opinions the issuance by the Internal Revenue Service of 

proposed or final determinations oftaxability nofices of proposed issues 

other material notices or 

determinations with respect tothetax status ofthe Bonds or other material events affecting the tax 

exempt status ofthe Bonds modifications torights ofowners or beneficial owners ofthe Bonds if 

material Bond calls if material and tender offers defeasances release subsfitution or sale of 

property securing repayment ofthe Bonds if material and rating changes bankruptcy insolvency 

receivership or similar event ofthe City merger consolidation or acquisition ofthe City or the sale 

ofall or substantially all ofthe assets ofthe City otherthan in the ordinary course ofbusiness entry 

into a definitive agreement to undertake such action or the ternunation of a definitive agreement 

relating to any such actions other than pursuant to its terms if material and appointment of a 

successor Bond Registrar or a change of name ofBond Registrar if material The repayment 

ofthe Bonds is not secured by a lien on any property capable ofrelease or sale or for which other 

property maybe substituted 

Term Bonds means those Bonds if any designated as such and maturing on the Principal 

Payment Dates set forth in the Certificate ofAward 

The captions and headings in this Ordinance are solely for convenience ofreference and in 

no way define limit or describe the scope or intent of any Sections subsections paragraphs 

subparagraphs or clauses hereof Reference to a Section means a section ofthis Ordinance unless 

otherwise indicated 

Section 2 Authorized Principal Amount andPur ose Application ofProceeds It is 

sbest interest to issue bondsof this Cityin an aggregate 

000 the Bonds torefund the Outstanding Bonds issued to 

necessary and determined to be in the City 

principal amount not to exceed4550 

pay costs of the hnprovement and to pay costs of issuing the Bonds The aggregate principal 

amount of Bonds to be issued not to exceed4550 000 shall be detemuned by the Director of 

Finance inthe Certificate ofAwardto be the aggregate principal amount ofBonds that is requiredto be issued at this time for the purpose statedin this Section 2 

A portionoftheproceeds ofthe Bonds sufficient together with othermoney available tothe 

City to refund the Outstanding Bonds shall be deposited into the Escrow Fund in accordance with 

the Escrow Agreement A portion of the proceeds ofthe Bonds sufficient together with other 

moneys availabletothe City shall be deposited into an appropriate fund ofthe City and usedto pay 

costs ofissuance ofthe Bonds Any proceeds ofthe Bonds not spent 120 days after the issuance of 

the Bonds shall be transferred to the Bond Retirement Fund and usedto pay principal ofor interest 

onthe Bonds when due All interest earned on amounts on deposit in each ofthose funds derived 

from tine proceeds ofthe Bonds including interest earned on such interest shall be credited to the 

fund and used for the purposes setforth above and shallnot be transferred to the General Fund All 

oftheproceeds ofthe Bonds and interest earned onthose proceeds and the interest on suchinterest 

are hereby appropriated for the purposes set forth above 

Section 3 Denominations Datin Principal and Interest Payment and Redemption 

Provisions The Bonds shall be issued in one lot and only as fully registered bonds in the 

Authorized Denominations but in no case as to a particular maturity date exceeding the principal 

amount maturing on that date TheBonds shall be dated the Closing Date 

Sb

a Interest Rates and Payment Dates The Bonds shall bear interest at the rate or rates 

ofinterestper yeaz computed on a 360 day per year basis consisting oftwelve30 daymonths as 

shall be determined by the Director ofFinance in the Certificate ofAwazd subject to sectionc of 

this Section Interest on the Bonds shall be payable at such rate or rates on the Interest Payment 

Dates until the principal amount has been paid or provided for The Bonds shall bear interest from 

the most recent date to which interest has been paid or provided for or ifno interest has been paid 

orprovided forfrom theirdate 

b Principal Payment Schedule The Bonds shall mature or be payable pursuant to 

Mandatory Sinking Fund Redemption onthe Principal Payment Dates in principal 

be determined by the Director ofFinance subjectto subsectionc ofthis Section 

amounts as shall 

in the Certificate 

of Award which detemmnation shall be consistent with the best interests of and financial 

advantages to the City 

Consistent with the foregoing and in accordance with the determination ofthe best interest 

of and financial advantages to the City the Director ofFinance shall specify in the Certificate of 

Awardi the aggregate principal amount of the Bonds to be issued as Serial Bonds if any the 

Principal Payment Date or Dates on which those Serial Bonds shall be stated to mature and the 

principal amountthereof that shall be stated to mature on each such Principal Payment Date andii 

the aggregate principal amount ofthe Bonds if any to be issued as Term Bonds the principal 

amount thereof that shall ba stated to mature on each such Principal Payment Date and the 

Mandatory Sinking Fund Redemption Date and the Mandatory Sinking Fund Redemption 

applicable to those Term Bonds 

c Conditionsfor Establishment of Interest Rates and Principal Payment 

Dates and 

Amounts The rate or rates of interest per year to be borne by the Bonds and the principal amount 

ofBonds maturing shall be such that the total principal and interest payments on theBonds in any 

fiscal year in which principal is payable is not more thanthreetimes the amount ofthose payments 

in any other fiscal year The net interest rate per yeaz for the Bonds determined by taking into 

account the respective principal amounts ofthe Bonds and terms to maturity orMandatory Siiilarig 

Fund Redemption ofthose principal amountsofBonds shall not exceed6 peryear 

d Payment ofBonds The principal of and interest and any premium on the Bonds 

shall be payable in lawful money ofthe United States ofAmerica without deduction forthe services 

of the Bond Registrar as paying agent Principal of and any premium on the Bonds 

shall be 

payable when due upon presentation and surrender of the Bonds at the designated corporate trust 

office ofthe Bond Registrar Interest ona Bond shall be paid on each Interest Payment Date by 

check or draft mailed to the person in whose name the Bond was registered and to that person s 

address appearing on the Bond Register at the close of business on the 15th day of the calendar 

month next preceding that Interest Payment Date Notwithstanding the foregoing if and so longas 

the Bonds are issued in a book entry system principal of and interest and any premium on the 

Bonds shall be payable in the manner provided in any agreement entered into by the Director of 

Finance in thename and onbehalfofthe City in connection with the bookentry system 

9 

6

e Redemption Provisions The Bonds shall be subject to redemption prior to stated 

maturity as follows 

i Mandatory Sinking Fund Redemption If any of the Bonds are issued as 

Term Bonds the Term Bonds shall be subject to and redeemed pursuant to Mandatory 

Sinking Fund Redempfion on the Mandatory Sinking Fund Redemption Dates applicable to 

the Term Bonds set forth in the Certificate of Award at a price equal to 100 of the 

principal amount ofthe Term Bonds to be redeemed plus accrued interest to the applicable 

Mandatory Sinking Fund Redemption Date 

The City shall have the option to deliver to theBond Registrar for cancellationTerm 

Bonds in any aggregate principal amount and to receive acredit against the then current or 


redemption obligation ofthe City for Term Bonds stated to mature on the same Principal 

Payment Date as the Term Bonds so delivered That option shall be exercised by the City 

onor before the 15th day preceding any Mandatory Redemption Date with respect towhich 

the City wishes to obtain a credit by furnishing the Bond Registrar a certificate signed by 

theDirector ofFinance setting forth the extent ofthe credit to be applied with respect tothe 

then current or any subsequent MandatorySinking Fund Redemption forTerm Bonds stated 

to mature on the same Principal Payment Date If the certificate is not timely fiunished to 

the Bond Registrar the current Mandatory Sinking Fund Redemption and corresponding 

mandatory redemption obligation shall not be reduced A credit against the then current or 

any subsequent Mandatory Sinking Fund Redempfion and corresponding mandatory 

redemption obligation also shall be received by the City for any Term Bonds which prior 

thereto have been redeemed other than through the operation ofthe applicable Mandatory 

Sinking Fund Redemption or purchased for cancellation and canceled by the Bond 

Registrar to the extent not applied theretofore as a credit against any Mandatory Sinking 

Fund Redemption for Term Bonds stated to mature on the same Principal Payment Date as 

the Term Bonds so redeemed orpurchased and canceled 

Each Term Bond so delivered or previously redeemed or purchased and canceled 

shall be credited by the Bond Registrar at 100 ofthe principal amount thereof against the 

then current or subsequent Mandatory Sinking Fund Redemption and corresponding 

mandatory redemption obligafions for Term Bonds stated to mature on the same Principal 

Payment Date as the Tenn Bonds so delivered redeemedorpurchased and canceled 

ii Optional Redemption Certain maturities of the Bonds may be subject to 

optional redemption by and at the sole option of the City in whole or in part in integral 

multiples of5000 on the dates in the years and at the redempfion prices expressed as a 

percentage ofthe principal amount to be redeemed plus accrued interest to the redemption 

date all to be determined by the Director of Finance in the Certificate ofAward provided 

that the earliest optional redemption date shall not be earlier than December 1 2019 or later 

than December 1 2022 and theredemption priceshall notbe greater than 103 

If optional redemption of Term Bonds at a redemption price exceeding 100 ofthe 

principal amount to be redeemed is to take place as of any Mandatory Redemption Date 

ti 

7 

S

applicable to those Term Bonds the Term Bonds or portions thereof to be redeemed 

optionally shall be selectedbylot prior tothe selection bylot ofthe Term Bonds ofthe same 

maturity to be redeemed by operation ofMandatory Sinking Fund Redemption The Bonds 

to be redeemed pursuant to thisparagraph shall be redeemed only upon written notice from 

the Director of Finance to the Bond Registrar given upon the direction ofthis Council by 

passage ofan Ordinance That notice shall specify the redemption date and the principal 

amount ofeach maturity ofBonds tobe redeemed and shall be given at least 45 days prior 

to the redemption date orsuch shorter period as shall be acceptable to the Bond Registrar 

There shall be deposited with the Bond Registrar on orprior to theredempton date 

moneys that in addition to any other money available therefore and held by the Bond 

has been 

Registrar will be sufficient to redeem the Bonds for which notice ofredemption 

given 

iii PartialRedemption Iffewer than all ofthe outstanding Bonds are called for 

optional redemption at one time they shall be called as selected by and in a manner 

determined by the City If fewer than all Bonds ofa single maturity areto be redeemed the 

selection ofthe Bonds to be redeemed or portions thereof in Authorized Denominations 

shall be made by the Bond Registrar by lot in a manner detemuned by the Bond Registrar 

In the case of partial redemption ofBonds by lotwhen Bonds in denominations greaterthan 

5000 are then outstanding each5000 unit ofprincipal shall be treated as if it were a 

separate Bond ofthe denominafion of5000 If it is determined that one or more but not 

all of the5000 units of principal amount represented by a Bond are to be called for 

redemption thenupon notice ofa redemption ofa5000 unit or units the registered owner 

of that Bond shall surrender the Bond to the Bond Registrar a for payment of the 

redemption price of the5000 unit or units of principal amount called for redemption 

including without limitation the interest and accrued interest to the redemption date and 

b issuance without charge to the registered owner of a new Bond or Bonds of any 

Authorized Denomination or Denominations in an aggregate principal amount equal tothe 

unmatared and unredeemed portion of and bearing interest atthe same rate and maturing on 

thesame date as the Bond surrendered 

iv Notice o Redemption The nofice of the call for redemption of Bonds shall 

identify A by designation letters numbers or other distinguishing marks the Bonds or 

portions thereof to be redeemed B the redemption priceto be paidC the date fixed for 

redemption and D the place or places where the amounts due upon redemption are 

payable The notice shallbe given by the Bond Registrar on behalfoftheCity by mailing a 

copyofthe redemption notice by first class mail postage prepaid at least 30 days prior to 

thedate fixed forredemption to theregistered owner ofeach Bond subject to redemption in 

whole or in part at the registered owner 

saddress shown on the Bond Register maintained 

by the Bond Registrar at the close of business on the fifteenth day preceding that mailing 

Failure to receive notice by mail or any defect in that notice regarding any Bond however 

shallnot affect the validity ofthe proceedings forthe redemption of anyBond 

v Payment ofRedeemed Bonds Notice having been mailed in the manner 

provided in the preceding paragraph hereof the Bonds and portions thereof called for 

8

edemption shall become due and payable on the redemption date and upon presentafion 

and surrender thereof at the place or places specified in that notice shall be paid at the 

redemption price plus interest accrued to theredemption date If money for theredemption 

of all of the Bonds and portions thereof to be redeemed together with interest accrued 

thereon to the redemption date is held by the Bond Registrar on the redempfion date so as 

to be available therefore on that date and if notice ofredemption has been deposited ire the 

mail as aforesaid thenfrom and after the redemption date those Bonds and portions thereof 

called for redemption shall cease to bear interest and no longer shall be considered to be 

outstanding ff that money shall notbe so available on the redemption date or that nafice 

shall not have been deposited in themail as aforesaid those Bonds and portions thereof shall 

continue to bear interest untilthey aze paid atthe same rate as they would have borne had 

they not been called for redemption All money held by the Bond Registrar for the 

redemption ofparticulaz Bonds shall be held intrust for the account oftheregistered owners 

thereof and shall be paid to them respectively upon presentation and surrender of those 

Bonds 

Section 4 Si nin and Authentication of Bonds Appointment of Bond Registrar The 

Bonds shall be signed bythe Mayor and theDirector ofFinance in the name ofthe City and in their 

official capacities provided that either or both of those signatures may be a facsimile The Bonds 

shall be issued in the Authorized Denominations and numbers as requested by the Original 

Purchaser and approved by the Director of Finance shall be numbered as deternrined by the 

Director ofFinance in order to distinguish each Bond from any other Bond and shall express upon 

are issued 

their faces the purpose in summary terms for which they are issued and that they 

pursuant to this Ordinance 

The Huntington National Bank is hereby appointed to act as the initial Bond Registrar The 

and the Director of 

Bond Registrar Agreement in the form now on file with the Clerk is approved 

Finance is authorized to sign and deliver in the name and onbehalf ofthe City the Bond Registrar 


adverse to the City and are approved by the Director of Finance That such changes are not 

materially adverse to the City and have been approved by the Director of Finance shall be 

conclusively evidenced bythe Director ofFinance ssigning ofthe Bond Registrar Agreement The 

Director ofFinance shall provide for the payment ofthe services rendered and for reimbursement of 

expenses incurred pursuant to the Bond Registrar Agreement except to the extent paid or 

reimbursed bythe Original Purchaser in accordance with the Bond Purchase Agreement from the 

proceeds of the Bonds to the extent available and then from other money lawfully available and 

appropriated or to be appropriated for that purpose 

No Bond shallbe valid or obligatory for any purpose or shall be entitled to any security or 

benefit under the Bond proceedings unless and until the certificate ofauthentication printed on the 

Bond is signed bythe Bond Registrar as authenticating agent Authenticationby the Bond Registrar 

shall be conclusive evidence that the Bond so authenticated has been duly issued signed and 

deliveredunder and is entitled to the security and benefit of the Bond proceedings The certificate 

of authentication maybe signed by any authorized officer or employee ofthe Bond Registraz or by 

any other person acting as an agent ofthe Bond Registrar and approved by the Director ofFinance 

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on behalf ofthe City The same person need not sign the certificate ofauthentication on all ofthe 

Bonds 

Section 5 RPistration Transfer and Exchange Book Entry System 

a Bond Registrar So long as any ofthe Bonds remainoutstanding the Citywill cause 

the Bond Registrar tomaintain and keep the Bond Register at its designated corporate trust office 

Subject to the provisions of Section5c the person in whose name a Bond is registered on the 

Bond Register shall be regarded as the absolute owner of that Bond for all purposes ofthe Bond 

proceedings Payment ofor on account ofthe debt chazges on any Bond shall be made only to or 

upon the order ofthat person neither the Citynorthe Bond Registraz shall be affected by any notice 

to the contrary butthe registration maybe changed as provided in this Section All such payments 

shall be valid and effectual to satisfy and discharge the City sliability upon the Bond including 

interest to the extent oftheamount or amounts so paid 

b Transfer and Exchange Any Bond maybe exchanged forBonds ofany Authorized 

Denomination upon presentation and surrender at the designated corporate trust office ofthe Bond 

Registrar together with a request for exchange signed bytheregistered owneror by a personlegally 

empowered to do so in a form satisfactory to the Bond Registrar A Bond may be transferred only 

on the Bond Register upon presentation and surrender ofthe Bond at the designated corporate trust 

office of the Bbnd Registrar together with an assignment signed by the registered owner or by a 

person legally empowered todo so in a form satisfactory to the BondRegistrar Upon exchange or 

transfer the Bond Registraz shall complete authenticate and deliver anew Bond or Bonds of any 

Authorized Denomination or Denominations requested by the owner equal in the aggregate to the 

unmatured principal amount of the Bond surrendered and bearing interest at the same rate and 

maturing on the same date 

If manual signatures on behalfofthe City are required the Bond Registrar shall undertake 

the exchange or transfer ofBonds only after the new Bonds are signed by the authorized officers of 

the City In all cases ofBonds exchanged or transferred the City shall provide forsigning and the 

Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions ofthe Bond 

proceedings The exchange or transfer shall be without charge to the owner except that the City 

and Bond Registrar may make a chazge sufficient to reimburse them for any tax or other 

governmental charge required to be paid with respect tothe exchange or transfer The City or the 

Bond Registrar may require that those charges if any be paidbefore the procedure is begun for the 

exchange or transfer All Bonds issued and authenficated upon any exchange or transfer shall be 

valid obligations ofthe City evidencingthe samedebt and entitled to the same security and benefit 

under the Bond proceedings as the Bonds surrendered upon that exchange or transfer Neither the 

City nor the Bond Registraz shall be required to make any exchange or transfer ofi Bonds then 

subject to call for redemption between the 15th daypreceding the mailing ofnotice ofBonds to be 

redeemed and the date ofthat mailing or iianyBond selected forredemption in whole or in part 

c BookEntry System The Bonds maybe issued to a Depository for use ui a bookentry 

systemand ifand as long as abook entry system is utilizedithe Bonds maybe issued in the form 

of a single fully registered Bond representing each maturity and registered in the name of the 

Depository or its nominee as registered owner and immobilized in thecustodyofthe Depository or 

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its designated agentiithe book entry interest owners ofBonds in book entry form shall have no 

rightto receive Bonds in theform ofphysical securities or certificates iii ownership of bookentry 

interests in Bonds in book entry form shall be shown by book entry on the system maintained and 

operated by the Depository and its Participants and transfers of the ownership of book entry 

interests shall be made only bybook entry by the Depository and its Participants andivthe Bonds 

as such shall not be transferable or exchangeable except for transfer to another Depository 

another nominee ofaDepository without further action bythe City 

or to 

If any Depository determines notto continue to actas aDepository for the Bonds foruse in 

abook entry system the Director of Finance may attempt to establish a securities depository book 

entry relationship with another qualified Depository If the Director of Finance does not or is 

unable to do so the Director of Finance and after the Bond Registrar has made provision for 

notification ofthe book entry interest owners by the then Depository and any other arrangements 

deemed necessary shall permit withdrawal ofthe Bonds from the Depository and the Cityand the 

Bond Registrar authenticate and deliver bond certificates in registered form to the assigns ofthe 

Depository or its nominee all at the cost and expense including any costs ofprinting if theevent 

is not the result ofCity action or inaction ofthose persons requesting such issuance 

The Director ofFinance is also hereby authorized and directed to the extent necessary or 

required to enter into any agreements deternned necessary in connection with the book entry 

system for the Bonds after determining that the signing thereof will not endanger the funds or 

securities oftheCity 

Section 6 Sale ofthe Bonds tothe Original Purchaser The Bonds are to be sold by the 

Director ofFinance to the Original Purchaser at private sale at a purchase price not less than 97 

ofthe aggregate principal amount thereof as shall be determined by the Director ofFinance in the 

such other 

Certificate of Award and shall be awarded by the Director of Finance with and upon 

terms as are required or authorized by this Ordinance to be specified in the Certificate ofAward in 

accordance with law the provisions of this Ordinance and the Bond Purchase Agreement The 

DirectorofFinance is authorized ifit is determined tobe in the best interest ofthe City to combine 

the issue ofBonds with one or more other bond issues ofthe City into a consolidated bond issue 

pursuant to Section133 30B ofthe Revised Code in which case a singleCertificate ofAwardmay be utilized for the consolidated bond issue if appropriate and consistent with the terms of this 

ordinance 

The Director ofFinance shall sign and deliver the Certificate of Award and shall cause the 

Bonds to be prepared and signed and delivered together with ahue transcript ofproceedings with 

reference to the issuance of the Bonds to the Original Purchaser upon payment of the purchase 

price The Mayor the Directorof Finance the Director ofLaw the Clerk ofCouncil and other City 

officials as appropriate each are authorized and directed to sign any transcript certificates financial 

statements and other documents and instruments and to take such actions as are necessary or 

appropriate to consummate the transacfions contemplated by this Ordinance 

The Bond Purchase Agreement in the form now on file with the Clerk is approved The 

Director of Finance is authorized to sign and deliver in the name and on behalf ofthe City the 

Bond Purchase Agreement with any changes or amendments that are not inconsistent with this 

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Ordinance arenot materially adverse to the City and are approved by theDirector ofFinance That 

such changes are not materially adverse to the City and have been approved by the Director of 

Finance shall be conclusively evidenced by the Director ofFinance ssigning of theBond Purchase 

Agreement or amendments thereto bythe Director ofFinance 

Section 7 Provisions for Tax Lew There shall be levied on all thetaxable property in the 

City in addition to all other taxes adirect tax annually during the period the Bonds are outstanding 

in anamount sufficient to pay the debt charges on the Bonds when due which tax shall notbe less 

than the interest and sinking fund tax required by Section 11 ofArticleXIIofthe Ohio Constitution 

The tax shall be within theten mill limitation imposed by law shall be and is ordered computed 

certified levied and extended upon the tax duplicate and collected by the same officers in the same 

manner and at the same time that taxes for general purposes for each of those yeazs are certified 

levied extended and collected and shall be placed before and in preference to all other items and 

for the full amount thereof The proceeds of the tax levy shall be placed in the Bond Retirement 

Fund which is irrevocably pledged for the payment ofthe debt charges on the Bonds when and as 

thesame fall due 

In each year tothe extent money from themunicipal income tax is available for the payment 

of debt charges on the Bonds and is appropriated for that purpose the amount ofthe tax shall be 

reduced by the amount ofthe money so available and appropriated incompliance with thefollowing 

covenant To the extent necessary the debt charges on the Bonds shall be paid from municipal 

income taxes lawfully available therefor under the Constitution and the laws of the State ofOhio 

and the Charter ofthe City and the City hereby covenants subject and pursuant to such authority 

including particularly Section 133 05B7 Revised Code to appropriate annually from such 

municipal income taxes such amount as is necessary to meet such annual debt charges Nothing in 

this pazagraph in any way diminishes the pledge of the full faith and credit and property taxing 

powerofthe Cityto the prompt payment on the Bonds 

Section 8 Federal Tax Considerations This Council covenants that it will use and will 

restrict the use and investment of the proceeds ofthe Bonds in such manner and to such extent 

as maybe necessary so that a the Bonds will not i constitute private activity bonds arbitrage 

bonds or hedge bonds under Section 141 148 or 149 of the Code oriibe treated other than as 

bonds to which Section 103 a ofthe Code applies and b the interest thereon will notbe treated 

as an item oftax preferenceunder Section 57 ofthe Code 

The City further covenantsthat a it will take or cause to be taken such actions that may 

be required of it forthe interest on the Bonds to be and to remain excluded from gross income 

for federal income tax purposes b it will not take or authorize to be taken any actions that 

other acts 

would adversely affect that exclusion and c it or persons acting forit will among 

of compliancei apply the proceeds of the Bonds to the governmental purposes of the 

borrowingiirestrict the yield on investment propertyiii make timely and adequate payments 

to the federal government iv maintain books and records and make calculations and reports 

and v refrain from certain uses of the proceeds of the Bonds and as applicable of property 

financed with such proceeds all in such manner and to the extent necessary to assure such 

exclusion ofthat interest underthe Code 

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The Director of Finance as the fiscal officer or any other officer of the City having 

responsibility for issuance ofthe Bonds is hereby authorized a to make or effect any election 

selection designation choice consent approval or waiver on behalf ofthe City with respect to 

the Bonds as the City is permitted or requited to make or give under the federal income tax laws 

including without limitation thereto any ofthe elections provided for in Section 148 f4c of 

the Code or available under Section 148 of the Code for the purpose of assuring enhancing or 

protecting favorable tax treatment or status of the Bonds or interest thereon or assisting 

compliance with requirements for that purpose reducing the burden or expense of such 

compliance reducing the rebate amount or payments or penalties ormaking payments ofspecial 

amounts in lieu of making compritafions to determine or paying excess earnings as rebate or 

obviating those amounts or payments as determined by that officer which action shall be in 

writing and signed by the officer b to take any and all other actions make or obtain 

calculations make payments and make or give reports covenants and certifications of and on 

behalf of the City as may be appropriate to assure the exclusion of interest from gross income 

and the intended tax status of the Bonds and c to give one or more appropriate certificates of 

the City for inclusion in the transcript of proceedings for the Bonds setting forth the reasonable 

expectafions of the City regarding the amount and useofall the proceeds ofthe Bonds thefacts 

circumstances and estimates on which they are based and other facts and circumstances relevant 

tothe tax treatment ofthe interest on and the tax statusofthe Bonds 

To the extent permitted by law and a determination it is in the best interests ofthe City 

the Director of Finance is authorized to designate the Bonds as qualified tax exempt 

obligations for purposes ofSection265 b3 ofthe Code 

Section 9 Official Statement and Continuing Disclosure 

a Primary Offering Disclosure Official Statement The Preliminary Official 

Statement ofthe City relating to theoriginal issuance oftheBonds substantially in the form now on 

file with the Clerk of Council is approved The distribution and use of the Preliminary Official 

Statement is hereby approved The Mayor and the Director of Finance are each authorized and 

directed to complete the Preliminary Official Statement with such modifications completions 

changes and supplements as those officers shall approve or authorize for the purpose of preparing 

and determining and to certify or otherwise represent that the revised Preliminary Official 

Statement is a deemed final official statement except for permitted omissions by the City as of 

its date for purposesofthe Rule 

Those officers are each further authorized and directed to complete and sign onbehalfofthe 

City and in their official capacities a final official statement for purposes of the Rule and are 

further authorized to use and distribute or authorize the use and distribution of that final official 

statement and supplements thereto in connection with the original issuance ofthe Bonds as may in 

their judgment be necessary or appropriate Those officers and each ofthem are also authorized to 

sign and deliver on behalfofthe City and in their official capacities suchcertificates in connection 

with the accuracy of the Preliminary Official Statement and the final official statement and any 

amendmentthereto as may in theirjudgment be necessary or appropriate 

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T 

b Applicationfor Rating or Bond Insurance If in the judgment ofthe Director of 

Finance the filing of an application fori a rating on the Bonds by one or more 

nationally recognized rating agencies oriia policy ofinsurance from a company or companies to 

better assure the payment of principal of and interest on the Bonds is in the best interest of and 

fmancially advantageous to this City the Director of Finance is authorized to prepare and submit 

those applications to provide to each such agency or company such information as maybe required 

for the purpose and to provide further for the payment ofthe cost of obtaining each such rating or 

policy except tothe extent otherwise paid in accordance with the Bond Purchase Agreement from 

the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully 

available and that are appropriated or shall be appropriated for that purpose To the extent the 

Director ofFinance has taken such actions thoseacfions are hereby ratified and confirmed 

c Agreement to Provide Continuing Disclosure For the benefit of the owners and 

beneficial owners from time to time ofthe Bonds the City agrees as the only obligated person with 

respect to the Bonds under the Rule to provide or cause to be provided such financial information 

and operating data auditedfinancial statements and notices in such manner as may be required for 

purposes of paragraphb5iof the Rule The City further agrees in particular to provide or 

cause to be provided 

i to the MSRBA Annual hnformation for each City fiscal year ending hereafter 

when and if 

not later than the 270th day following the end ofthe fiscal year and B 

available audited City financial statements for each such fiscalyear and 

ii to the MSRB within 10 days notice ofA any Specified Event B the City s 

failure toprovide the Annual Information within the time specified above andC any 

change in the accounting principles applied in the preparation of its annual financial 

statements any change in its fiscal year its failure to appropriate funds tomeet costs 

to be incurredto perform the agreement and ofthe termination ofthe agreement 

The Continuing Disclosure Certificate in the form now on file with the Clerk is approved 

The Director ofFinance is authorized and directed to complete sign and deliver in the name and on 

behalfofthe City the Continuing Disclosure Certificate with such changes that are not inconsistent 

with this Ordinance are not materially adverse to the City and are approved by the Director of 

Finance to specify in reasonable detail the Annual Information to be provided which may be 

provided by specific reference to other documents previously filedand available in accordance with 

the Rule whether the City has obtained any credit enhancement or provider for the Bonds and the 

City s expectations as to whether audited financial statements will be prepared the accounting 

principles to be applied itn their preparation and whether they will be available together with or 

separately from Annual Information That any such changes to the Continuing Disclosure 

Certificate are not materially adverse to the Cityand are approved by the Director of Finance shall 

be evidenced conclusively bythe signingofthe Continuing Disclosure Certificate by the Director of 

Finance 

The Director ofFinance is further authorized and directed to establish procedures in order to 

ensure compliance bythe Citywith its Continuing Disclosure Certificate including timelyprovision 

ofinformationand notices as described above Prior to making any filing in accordance with clause 

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ii above or providing notice of the occurrence of any other events the Director ofFinance shall 

consult with and obtain legal advice from as appropriate the Director of Law and bond or other 

qualified independent special counsel selected by the City The Director ofFinance acting in the 

name and on behalf ofthe City shall be entitled torely upon any such legal advice in determining 

whethera filing should be made 

The City reserves the right to amend its Continuing Disclosure Agreement and to obtain the 

waiver of noncompliance with any provision ofthe Continuing Disclosure Agreement as may be 

necessary or appropriate to achieve its compliance with any applicable federal securities law or rule 

to cure any ambiguity inconsistency or formal defect or omission and to address any change in 

circumstances arising from a change in legal requirements change in law or change in the identity 

nature or status ofthe City or type ofbusiness conducted by the City Any such amendment or 

waiver will notbe effective unless the Continuing Disclosure Agreement as amended ortaking into 

account such waiver would have complied with the requirements ofthe Rule at the time of the 

primary offering of the Bonds after taking into account any applicable amendments to or official 

interpretations of the Rule as well as any change in circumstances and until the City shall have 

received either i awritten opinion ofbond or otherqualified independent special counsel selected 

by the City that the amendment or waiver would not materially impair the interests of owners or 

beneficial owners ofthe Bonds or iithe written consentto the amendment orwaiver ofthe owners 

of at least a majority ofthe principal amount of the Bonds then outstanding Annual Information 

containing any revised operating data or financial information shall explain in narrative form the 

reasons for any such amendment or waiver and the impact ofthe change on the type of operating 

data orfinancial informationbeing provided 

The City s Continuing Disclosure Agreement shall be solely for the benefit ofthe owners 

and beneficial owners from time to time ofthe Bonds The exclusive remedy for anybreach ofthe 

agreement by the City shall be limited to the extent permitted by law to a right of owners and 

beneficial owners to institute and maintain or to cause to be instituted and maintained such 

proceedings as maybe authorized at law or in equity to obtain the specificperformance by the City 

ofits obligations under the agreement Any individual owner or beneficial owner may institute and 

maintain or cause to be instituted and maintained such proceedings to require theCity to provide or 

cause to be provided a pertinent filing if such a filing is due and has not been made Any such 

proceedings to require the City to perform any other obligation under the Continuing Disclosure 

Agreement including any proceedings that contest the sufficiency of any pertinent filing shall be 

instituted and maintained only by a trustee appointed by the owners and beneficial owners ofnot 

less than 25 in principal amount of the Bonds then outstanding or by owners and beneficial 

owners ofnot less than 10in principalamount ofthe Bonds then outstanding in accordance with 

Section133 25B4b orC1 ofthe Revised Code as applicable or any like or compazable 

successor provisions 

The performance by the City ofits Continuing Disclosure Agreement shall be subject tothe 

annual appropriation of anyfunds that may be necessary to performit 

The City sContinuing Disclosure Agreement shallremain in effect only for such period that 

the Bonds are outstanding in accordance with their terms and the City remains an obligated person 

with respect to the Bonds within themeaning oftheRule The obligation ofthe City toprovide the 

Ub 

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Annual hiformafion and notices ofthe events described above shall terminate ifand when the City 

no longer remains such an obligated person 

The Director of Finance is hereby authorized and directed to the extent necessary or 

required to enter into any agreements in the name and on behalfof the City that the Director of 

Finance determines to be necessary in connection with a book entry system for the Bonds after 

approval of any such agreement bythe Director ofLaw 

Section 10 Redemption of Outstanding Bonds This City Council finds and determines 

that the redemption ofall or a portion ofthe Outstanding Bonds could result in substantial present 

value savings to the City The Director ofFinance is authorized to determine in the Certificate of 

Aware the amount and maturities of the Outstanding Bonds to be redeemed in order to maximize 

present value savings to the City and the Director ofFinance is authorized to determine thedate for 

the redemption ofthose Outstanding Bonds and the Director ofFinance is hereby directed to give 

notice ofthat redemption 

The Escrow Agreement in the form now on file with the Clerk is approved The Director of 

Finance is authorized to sign and deliver in the name and on behalf of the City the Escrow 


adverse tothe City and are approved by the Director of Finance That any such changes are not 

materially adverse to the City and havebeen approved bythe Director ofFinance shall be evidenced 

conclusively bythe signing ofthe Escrow Agreement by the Director ofFinance 

Section 11 Certification and Deliverv ofOrdinance and Certificate ofAward The Director 

of Finance is directed to deliver a certified copy ofthis Ordinance and the Certificate ofAward to 

theCounty Fiscal Officer 

Secfion 12 Notice ofPassage The ClerkofCouncil is directed to give public notice ofthe 

passage ofthis Ordinance in accordance with Section 12 ofthe Charter ofthe City 

Section 13 Satisfaction ofConditions for Bond Issuance This Council detemunes that all 

acts and conditions necessary to be done or performed by the City orto have beenmet precedent to 

and in the issuing oftheBonds in order tomake them legal valid and binding general obligations of 

the City have been performed and have been met or will at the fime ofdelivery ofthe Bonds have 

been performed and have been met in regular and due form as required by law that the full faith 

and credit and general property taxing power as described in Section 7 ofthe City are pledged for 

the timely payment of the debt charges on the Bonds and that no statutory or constitutional 

limitation ofindebtednessor taxationwillhavebeen exceeded in the issuance ofthe Bonds 

Section 14 Retention of Financial Advisor The services of MAS Financial Advisory 

Services LLC as financial advisor are hereby retained The financial advisory services shall be 

in the nature of financial advice and recommendations in connection with the issuance and sale 

of the Bonds In rendering those financial advisory services as an independent contractor that 

firm shall not exercise any administrative discretion on behalf ofthe City in the formulation of 

public policy expenditure of public funds enforcement of laws rules and regulations of the 

State the City or any other political subdivision or the execution of public trusts That firm 

IU 

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shall be paidjust and reasonable compensafion for those financial advisory services and shall be 

reimbursed for the actual out ofpocket expenses it incurs in rendering those financial advisory 

services The Director ofFinance is authorized and directed to the extent they are not paid by 

the Original Purchaser in accordance with the Bond Purchase Agreement to make appropriate 

certification as to the availability offunds for those fees and any reimbursement and to issue an 

appropriate order for their timelypayment as written statements are submitted by thatfirm 

Section 15 Compliance with Open Meeting Requirements This Council fmds and 

determines that all formal actions ofthis Council concerning and relating to the passage ofthis 

Ordinance and that all deliberations ofthis Council and anyofits committees that resulted in those 

forrnal actions were in meetings open to thepublic all in compliance withthe law 

Section 16 Emergency 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 further reason that the Bonds must be sold promptly in order to refund the 

Outstanding Bonds and maximize interest costs sa wings in a fluctuating bond market and 

provided it receives the affirmative vote ofat least five of its members elected to Council this 

Ordinance shall take effect and be in force immediately upon its passage by the Council and 

approval by the Mayor 

Passed 2010 

Approved 


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Clerkof Council 

Mayor

or o Q QD 

f I LAWRENCE E MROZ 

o 

FIRE CHIEF 

r 

f 

E 

booo apj 

O 

Lakewood Fire Department 14601 Madison Avenue Lakewood Ohio 44107 

216 529 6656Administration 216 529 6660Fire Prevention 216 226 9963 Fax www 




Lakewood Ohio 


Attached is an Ordinance that proposes two amendments to Chapter 15 Fire Prevention 

Code of the Codified Ordinances of the City of Lakewood The first change is necessary 

to bring the Codified Ordinances of the City of Lakewood up to date with the latest 

version of the Ohio Fire Code It also contains a provision that will allow the newer 

versions of the Ohio Fire Code to become effective immediately upon adoption by the 

State of Ohio without further action of Council to allow for the enforcement of the most 

recent Code within the City of Lakewood The Lakewood Fire Department utilizes this 

Code on inspection of all commercial buildings within the City of Lakewood 

The second change indicates where individuals can find copies of the Code and 

removesthe burden and expense of providing free copies onthe Clerk of Council 

As these provisions effect the enforcement of the Fire Code on commercial properties 

within the City of Lakewood I respecttully request suspension of the rules in order to 

adopt this legislation this evening 

Respe dally submitt 

M 

Lawrence E Mroz 

Fire Chief 

U

Ordinance No By 

AN ORDINANCE to take effect immediately provided it receives the affirmative 

vote of at least five 5 members elected to Council otherwise it shall take effect and 

be in force after the earliest period allowed by law amending section 1501 01 1995 

Edition Adopted and section 1501 11 Copies of the Lakewood Codified Ordinances to 

adopt the most recent version of the Ohio Fire Code and to clarify where the public may 

access copies ofthe Code 

WHEREAS currently the 1995 edition of the Ohio Fire Code as adopted by the 

Ohio Department of Commerce Division of State Fire Marshall is the version that is in 

effect in the City of Lakewood and 

WHEREAS the Ohio Fire Code is amended from time to time causing the Ohio 

Department of Commerce to publish newer editions of the Code 


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 SECTONS 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 it is necessary 

to have the most recent version of the Ohio Fire Code in effect within the City of 

Lakewood to ensure proper code enforcement Now therefore 


Section 1 That Section 1501 01 1995 Edition Adopted of the Lakewood 

Codified Ordinances currently reading as follows 

1501 01 1995 EDITION ADOPTED 

Pursuant to OhioRC731 231 there is hereby adopted by the Municipality the 

1995 edition ofthe Ohio Fire Code OFC as adopted by the Ohio Department of 

Commerce Division of State Fire Marshal published in Division 1301 7 of the Ohio 

Administrative Code OAC 

shall be and is hereby amended to read as follows 

1501 01 EDITION ADOPTED 

Pursuant to OhioRC731 231 there is hereby adopted by the Municipality the 

2007 edition ofthe Ohio Fire Code OFC as adopted by the Ohio Department of 

Commerce Division of State Fire Marshal published in Division 1301 7 of the Ohio 

Administrative CodeOAC The 2007 edition of the OFC shall be replaced 

U

automatically by the most recent edition of the OFC adopted by the Ohio Department of 

Commerce Division of State Fire Marshall 

Section 2 That Section 1501 11 Copies ofthe Lakewood Codified Ordinances 

currently reading as follows 

1501 11 COPIES 

Copies of Codes as adopted in this chapter are on file with the Council Clerk for 

inspection by the public and also on file in the County Law Library and the Clerk has 

copies available for distribution to the public at cost 

shall be and is hereby amended to read as follows 

1501 11 COPIES 

Copies of Codes as adopted in this chapter are on file with the Council Clerk for 

inspection by the public and also may be found on line atOhio gov under the section 

Fire Marshal 


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 

Section 4 That this ordinance is hereby declared to bean 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 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 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 

1 

2 

President of Council 

Clerk of Council

Approved 

i12 

3 

Mayor

Ir 



DEPARTMENT OF PUBLIC WORKS 

12650 DETROIT AVENUE 44107 276529 6804 

RE Great Lakes Construction donationtoremove Little Links 


JOSEPH J BENDPE 

DIRECTOROF PUBLIC WORKS 

Please approve this resolution to accept a donation from The Great Lakes Construction Company of 

approximately 5000 in services to remove the concrete and grade the area at Kauffman Park known as 

Lakewood Little Links This work has been discussed at Parks MasterPlanning and Friends ofKauffinan 

Park meetings and the overall consensus was to remove Little Links and turn the area into more open 

greenspace The removal and grading should take 2 days to complete 

This work at Little Links is anticipated to be completedby the end ofOctober 

Sincerely 

Cr1c 

Joseph J BenoPE 

113 

wwwonelakewood com

RESOLUTION N0 BY 

A RESOLUTION to take effect immediately provided it receives the affirmative 

vote of at least five 5 members elected to Council otherwise it shall take effect and 

be in force after the earliest period allowed bylaw authorizing the Mayor to accept on 

behalf of the City of Lakewood services in the form of removal of concrete and grading 

of the area at Kaufmann Park known as Lakewood Little Links from The Great Lakes 

Construction Company valued at approximately5000 

WHEREAS The Great Lakes Construction Company has generously offered to 

donate services to allow the regular maintenance of the area of Kaufmann Park known 

as Lakewood Little Links and add additional green space to Lakewood Park and 

WHEREAS currently this area of Kaufman Park is more difficult to maintain and 

does not allow the use ofthis area by the public and 


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 ofthe 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 this area 

should be graded and seeded prior to winter to allow the establishment of grass prior to 

the winter season Now therefore 

BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 That the Mayor is hereby authorized to accept on behalf of the City 

of Lakewood services in the form of removal of concrete and grading of the area at 

Kaufmann Park known as Lakewood Little Links from The Great Lakes Construction 

Company valued at approximately5000 


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

meeting ofthis Council and that all such deliberations of this Cduncil and of any of its 

committees that resulted in such formal actions 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 

Z 4

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 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 it shall take effect and be 

in force after the earliest period allowed by law 

Adopted 

Approved 

11 

a 

President 

Clerk 

Mayor

I 

MM JK 

February 6 2006 



RE Juvenile Diversion Program 

Dear Members of Council 

DOROTHY M BUCKON 

DIRECTOR OF HUMAN SERVICES 

Please find attached a Resolution authorizing the Mayor or his designee to enter into an 

Agreement with the Board of Cuyahoga County Commissioners to fund expansion of 

the City of Lakewood Juvenile Diversion Program Since 1998 the Department of 

Human Services Division ofYouth has administered this program which is focused on 

keeping youth from entering the County Juvenile Court system 

The funding will increase the number of vouth served and allow for enhanced 

programming to include expanded monitoring of participant progress and a 

that all youth with drug or alcohol offenses and their parents guardians ba 

meet with a Certified Alcohol and Drug Prevention Intervention provider 

existing partnerships with Lakewood City Schools will be requirement 

required to 

In addition 

strengthened through the 

am primarily 

development and implementation of a truancy mediation intervention progt 

for middle school youth 

Thank you for your consideration of this request that will enhance Lakewood slocal 

diversion efforts and 

Sincerely 

Dorothon Y Director 

Department of Human Services 

DEPARTMENT OF HUMAN SERVICES 

12650 DETROITAVENUE 44107 

Telephones 216529 6685 

Facsimiles 216529 5654 

lb 

The City ofLakewood Department ofHuman Services provides a continuum of responsive Programs andservices fhat 

enhance andpromote the health andwell being ofindividuals families andthe community 

5

RESOLUTION N0 

BY 

A RESOLUTION to take effect immediately provided it receives the 

affirmative vote of at least five 5 members elected to Council otherwise it shall 

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 Board of County Commissioners and their successors to accept and 

expend funds in an amouht estimated at40 251 to expand services provided 

under the City s Juvenile Diversion Program 

WHEREAS the Department of Human Services Division of Youth 

has an established Juvenile Diversion Program targeting juvenile offenders 

referred by Juvenile Court with the intent of keeping the youth from entering the 

formal Juvenile Court System and 

WHEREAS the funding will support expanded service delivery by 

increasing the number of youth served along with the requisite monitoring of 

each participant increase the number of available community service sites 

require involvement of a Certified Alcohol and Drug Prevention Intervention 

provider for all youth with a drug or alcohol offense and theirparents guardians 

and strengthen the existing partnership with Lakewood City Schools through the 

development and implementation of a truancy mediation intervention program 

primarily for middle school youth and 

WHEREAS this Council by a vote of at least five 5 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 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 completed contracts must be 

submitted no later than December 1 2010 Now Therefore 

BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 That the Mayor or his designee for and on behalf of 

the City of Lakewood be and he is hereby authorized and directed to enter into 

an Agreement with the Cuyahoga County Board of County Commissioners 

40 251 00 for a period ending December 31 2011 

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 

Z

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 Ciry 

for the reasons set forth and defined in the preamble to this ordinance and 

provided if receives the affirmative vote of at least five 5 of its 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 it shall 

take effect and be in force after the earliest period allowed by law 

Adopted 

Approved 

lip 

PRESIDENT 

CLERK 

MAYOR

NOTICE TO LEGISLATIVE 

AUTHORITY 

TO 

4985430 NEW LAKEWOOD SUPERMARKET LLC 

14235 MADISON AV 

LAKEWOOD OH 44107 

08 28 2008 

C1 C2 

18 286 Y40913 

MAILED lO5 

FROM 

10 05 2010 

OHIO DIVISION OF LIQUOR CONTROL 

6606 TOSSING ROAD PO BOX 4005 

REYNOLDSBURG OHIO 43068 9005 

6141644 2360FAX 6141644 3166 

2OlO RESPONSES MUST BE POSTMARKED NO LATER THAN 11 OS 201O 

IMPORTANT NOTICE 

PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL 

WHETHER OR NOT THERE IS A REQUEST FOR A HEARING 

REFER TO THIS NUMBER IN ALL INQUIRIES 

C NEW 4985430 

TRANSACTION NUMBERI 

MUST MARK ONE OF THE FOLLOWINGI 

WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT 

THE HEARING BE HELD IN OUR COUNTY SEAT Q IN COLUMBUS 

WE DO NOT REQUEST A HEARING 

DID YOU MARK A BOX IF NOT THIS WILL BE CONSIDERED A LATE RESPONSE 

PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE 

Signature Title Clerk of County Commissioner Gate 

CLERK OF LAKEWOOD CITY L 

12650 DEiROI iAV COsjII jC1111 LAKEWOOD OHIO 44107 

Clerk of City Council 

Township Fiscal Officer

THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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