CHAPTER 361 – PURPOSE AND SCOPE

361.01   Short Title

361.02   Purpose

361.03   General Scope

Cross-reference:
   Enforcement of Housing Code, CO 367.01
   Rules and regulations for Housing Code, CO 367.10

Statutory reference:
   Civil Rights Commission, fair housing, RC Ch. 4112
   Power to regulate sanitary condition of buildings, RC 715.26(A), 715.29

§ 361.01 Short Title

   This Title Nine of Part Three-Public and Private Land Use Regulations of the Codified Ordinances, known as the “Housing Code of the City of Cleveland” and hereinafter referred to as “this Code”, shall be deemed to be included within the reference to the “Building Code of the City of Cleveland,” as used in Charter Section 76-6.

(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

§ 361.02 Purpose

   Within the scope of this Housing Code as hereinafter defined, the purpose of this Code is to establish minimum standards necessary to make all dwelling structures safe, sanitary, free from fire and health hazards and fit for human habitation and beneficial to the public welfare; establish minimum standards governing maintenance of dwelling structures in safe and sanitary condition; fix responsibilities for owners and occupants of dwelling structures with respect to sanitation, repair and maintenance; establish additional standards for rented or leased dwellings and rooming occupancies; authorize the inspection of dwelling structures; establish enforcement procedures; authorize the vacation or condemnation of dwelling structures unsafe or unfit for human habitation; and fix penalties for violations.

(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)

§ 361.03 General Scope

   (a)   The provisions of this Housing Code shall be supplementary to all other provisions of these Codified Ordinances relating to the construction, use and maintenance of residential buildings and shall apply to all buildings or portions thereof, excepting hotels as defined herein, which are used or designed or intended to be used for residential occupancy.

   (b)   Existing buildings may continue to be occupied for residential purposes, if:

      (1)   The building complies with the provisions of this Code except as to any variance heretofore specifically granted by the Board of Building Standards and Building Appeals;

      (2)   The use and occupancy of the building is not in violation of the zoning ordinances of the City.

   (c)   In the event of conflict between any other provisions of these Codified Ordinances and the provisions of this Code, the provisions of this Code shall prevail. However, where the construction of new buildings or the alteration or conversion of existing buildings for residential use is made after April 6, 1960, the more restrictive provision shall prevail.

(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)