Ordinance Review - November 12th 2013

Nov 12, 2013    

The Ordinance Review Committee met in regular session on Tues, November 12, 2013 at 5:00 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Bill Marquardt presided.

(Click here for a print friendly/pdf document)


Present: Mr. Bill Marquardt (Chairman), Mr. Jerry Catalano, Mrs. Mary Ann Wervey, and Mr. John Marrelli

Also Present: Ms. Diane Calta (Law Department), Ms. Deborah Garbo (Secretary), and Lt. Michael Girbino (Fire Marshal)

AbsentDr. Stephan Parker (Council Alternate) and Mr. Tom Cappello (Village Engineer)

CONSIDERATION OF MEETING MINUTES: Oct 8, 2013                

Mr. Marrelli, seconded by Mrs. Wervey made a motion to approve the minutes of Oct 8, 2013.          


Ayes: All                               

Nays: None                           

Motion Carried. Minutes Approved As Written. 


  1. Open Burning; Recreational Fires;
    Portable Outdoor Fireplaces
    Section 1511.05
    (Fire Dept)
  2. Department and Positions Established
    Section 141.01
    (Fire Dept)



Chairman Marquardt called the meeting to order beginning with open burning.     

Open Burning; Recreational Fires; Portable Outdoor Fireplaces

Ms. Calta stated I took out the exception to the exceptions. This now means that portable outdoor fireplaces have to comply with the manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material. That’s the only change.

Mr. Marrelli asked if that includes grills.

Lt. Girbino replied no.

Chairman Marquardt asked about the penalty, do we keep a table of dollar amounts rather than putting it into the text?

Ms. Calta replied they’re pretty much all like that other than the penalty sections that are more general. If John writes a citation, mostly the court will induce the penalty.

Mr. Marrelli said when you take somebody to court and explain how long it’s been going on, the Judge could enforce a $500/per day fine, it gets peoples attention. That’s why I think it’s written that way, but it’s rare that’s ever occurred.

Chairman Marquardt is thinking we ought to orchestrate a table of all the fines for review purposes to say if they’re all appropriate.  

Mr. Marrelli said when you pull it out of a chapter, it’s hard to look at just the table of penalties and say that .99 penalty is too high or too low. You have to refer back to the chapter to figure out what it’s about. The way the code was written, each chapter has a .99 penalty section.

Chairman Marquardt asked if any other comments.

Mr. Marrelli said I think I was the one getting the calls about people burning continuously in their backyards and smoke going into houses. I mentioned it to our Acting Chief and he said this ordinance would cover a nuisance like that and that your department would dispatch somebody to go out and investigate.

Lt. Girbino said we do that anyway John. This ordinance would tighten up the existing ordinance by removing that exception for residential. We couldn’t enforce before for a single family residence. What was adopted in our local statutes, the Sate Fire Code prevailed which doesn’t apply to single family residences. This will allow us to go in and enforce the burning statutes more directly.

Mr. Marrelli said for the record I had somebody call me to say her Daughter was asthmatic and the people behind her burn every night.

Lt. Girbino said I took a call Sat night from the Bonnieview / Seneca neighborhood. She wouldn’t identify herself. She was pretty upset over the phone. She has respiratory problems. It sounds to me like they’re burning yard waste. Maybe the guy’s running a landscape company. She wouldn’t forward a lot of information. She almost sounded afraid as if the neighbor was pressuring her. She said it’s hard just walking outside, past the house.

Mr. Marrelli said if you’re asthmatic and the smoke’s coming into your house, you have a problem.

Lt. Girbino said I explained the ordinance to her, said we would come out immediately. She wouldn’t tell me where she lived. By the end of the conversation she gave us the general neighborhood. I told her the ordinance is there to protect her and the call would be kept confidential. She said she’d think about it. I hate to see her have to deal with that. Those laws are there to protect people like her. She’s entitled to breathe clean air.


Mr. Marrelli, seconded by Mr. Catalano made a motion to approve revisions to Section 1511.05 as discussed.   

Chairman Marquardt asked if any other discussion. There was none.


Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey, Mr. Marrelli       

Nays: None                                                   

Motion Carried. Recommendation to Council.



Department and Positions Established

Ms. Calta said we’re deleting the reference to part-time Captain because there’s no such position. I also looked to see if there’s anything else that would reference part-time Captain and I didn’t come up with any other sections of the code. That’s the only change; 141.01 (b).

Mr. Marrelli asked, in your make up of your department there’s no such position?

Lt. Girbino replied not any more, not since he retired several years ago.


Mr. Marrelli, seconded by Mrs. Wervey made a motion to approve amendment to 141.01 (b) and remove the requirement for part-time Captain as we haven’t had one for several years.    

Chairman Marquardt asked if any other discussion. There was none.


Ayes: Mr. Marquardt, Mr. Catalano, Mrs. Wervey, Mr. Marrelli      

Nays: None                                               

Motion Carried. Recommendation to Council.

Chairman Marquardt asked if there’s any further business to discuss. There was none.


Mrs. Wervey, seconded by Mr. Catalano made a motion for adjournment. 


Ayes:    All                                                         

Nays:   None                             

Motion Carried. Meeting adjourned at 5:10 p.m. 

Respectfully Submitted,

Deborah Garbo
Executive Assistant
Building Department