(a) The fee, deposit and expense reimbursement provisions of Sections 1334.03(d), 1334.04, and 1334.07(g) may be waived for any non-profit organization that applies for a permit to move a North Olmsted Landmark within or out of the City. For purposes of this chapter, “landmark” shall have the same definition as provided in Chapter 165 (Landmarks Commission) of the Administrative Code.
(b) In order to obtain such a waiver, a non-profit organization must certify in writing to the Building Commissioner:
(1) That the organization qualifies for and is exempt from federal income taxation as a non-profit organization under Section 501(c)(3) of the Internal Revenue Code; and
(2) That, despite good faith efforts to raise sufficient funds to pay the City’s permit fees and deposits, and to reimburse the City for the expenses the City will incur in providing governmental services for the moving of the Landmark, the organization has been unable to do so and further delay in moving the Landmark will jeopardize the organization’s efforts to preserve the Landmark.
(c) Nothing contained in this section shall be construed as a waiver of any right to recover that the City may have under this chapter or otherwise against any such nonprofit organization, or any other person or entity, for any damage or injury caused to any highway, street or alley, sidewalk, fire hydrant or other property of the City, in the course of or incidental to the removal of any building or other structure over, along or across any street in the City. (Ord. 2005-63. Passed 4-19-05.)