§ 375.09  Reasonable Security Against Criminal Activity
   (a)   This Section applies only to residential premises that are located in a multifamily structure or a multifamily development.
   (b)   Definitions.
      (1)   “Multifamily structure” means a structure that contains thirty (30) or more dwelling units.
      (2)   “Multifamily development” means a tract of land or contiguous tracts of land on which there are thirty (30) or more dwelling units of the same landlord.
      (3)   “Multifamily structure or development” means a multifamily structure or a multifamily development.
      (4)   “Safety Director” means the Safety Director of the City of Cleveland or his or her designee.
      (5)   “Security audit” means the procedure in which:
         A.   The Safety Director shall conduct a full and thorough analysis of the common areas of a multifamily structure or development to determine whether the common areas have reasonable security measures against criminal activity;
         B.   In conducting this analysis, among other things, the Safety Director shall conduct a voluntary survey of the tenants of the multifamily structure or development without recording the names of the tenants;
         C.   In conducting this analysis, the Safety Director shall consider, among other things, the statement of reasons (if any) in the petition that requested the security audit, the responses (if any) to the Safety Director’s survey of the tenants, the number and type of service calls that the City of Cleveland Police Department has received concerning the multifamily structure or development, and the Safety Director’s inspection of the common areas of the multifamily structure or development;
         D.   Based on this analysis, the Safety Director shall determine and specify the additional security measures, if any, that the landlord shall be obligated to implement in the common areas of the multifamily structure or development to provide the common areas with reasonable security measures against criminal activity;
         E.   For each of these specified additional security measures, the Safety Director shall determine and specify a reasonable time period within which the landlord shall implement it;
         F.   These specified additional security measures may include, among other things, cameras, lighting, locks for windows or doors, renovation of windows, doors, or entrance areas, crime reporting procedures, and/or onsite security personnel for specified hours; and
         G.   The Safety Director shall prepare a written report that includes all of the Safety Director’s findings, determinations, and specifications in the security audit.
   (c)   The tenants of a multifamily structure or development may file a petition with the Safety Director that requests a security audit of the multifamily structure or development in which they reside.
      (1)   The Safety Director shall prepare, and distribute to tenants at no charge, a form that tenants may use, but are not required to use, for the petition.
      (2)   In the petition, the tenants shall sign their names, state their addresses, and state their request for a security audit of the multifamily structure or development in which they reside.
      (3)   In the petition, the tenants shall identify the name and address of at least one (1) tenant, and may identify the name and address of up to five (5) tenants, who shall receive service of any documents that, under this section, the Safety Director is required to serve on the tenants.
      (4)   In the petition, the tenants may state with specificity, but are not required to state with specificity, their reasons for requesting a security audit.
      (5)   The petition shall be signed only by tenants of the multifamily structure or development and only by one (1) tenant per dwelling unit of the multifamily structure or development. The number of such tenants who sign the petition must equal at least ten percent (10%) of the total number of dwelling units in the multifamily structure or development.
      (6)   The tenants shall file the petition with the office of the Safety Director. At the time of the filing, the office of the Safety Director shall time and date stamp the original petition and the tenant’s copy of the petition.
      (7)   Within three (3) days after the filing of the petition, the tenants shall serve the landlord of the multifamily structure or development with a copy of the petition by delivering or mailing it to the address of the landlord or to the place where their rent is normally paid.
   (d)   Within ten (10) days after receiving service of the petition, the landlord shall provide the office of the Safety Director with a written statement of the landlord’s name and address, for the purpose of receiving documents that, under this section, the Safety Director is required to serve on the landlord. If the landlord fails to provide the office of the Safety Director with that information in a timely manner, the Safety Director shall make reasonable efforts to identify an appropriate name and address for the landlord and, based on those efforts, shall determine the name and address to be used for such service.
   (e)   Within ten (10) days after the filing of the petition with the office of the Safety Director, the Safety Director shall make an initial assessment, in writing, as to whether a security audit of the multifamily structure or development is appropriate and shall serve the tenants and the landlord with a copy of the initial assessment.
      (1)   In the initial assessment, the Safety Director shall find that a security audit of the multifamily structure or development is appropriate if the requirements in this section for filing a petition are met and one (1) or more of the following criteria are met: (i) during the thirty (30) day period preceding the filing of the petition, the City of Cleveland Police Department has received fifteen (15) or more service calls concerning the multifamily structure or development; (ii) within ten (10) days after the filing of the petition, the City of Cleveland Councilmember of the ward in which the multifamily structure or development is located advises the Safety Director, in writing, that a security audit of the multifamily structure or development is appropriate; or (iii) there is any other reasonable basis for concluding that, if a security audit is conducted, there is a reasonable possibility that the Safety Director will specify additional security measures that the landlord will be obligated to implement in the common areas of the multifamily structure or development.
      (2)   In determining whether any such reasonable basis exists, the Safety Director shall consider, among other things, the statement of reasons (if any) in the petition that requested the security audit, the number and type of service calls that the City of Cleveland Police Department has received concerning the multifamily structure or development, and the Safety Director’s preliminary inspection of the common areas of the multifamily structure or development.
      (3)   The Safety Director shall serve the tenants and the landlord with a copy of the initial assessment by delivering or mailing it to their respective addresses.
   (f)   If the Safety Director determines in an initial assessment that a security audit of the multifamily structure or development is not appropriate, the Safety Director shall not conduct a security audit of the multifamily structure or development.
   (g)   If the Safety Director determines in an initial assessment that a security audit of the multifamily structure or development is appropriate, within thirty (30) days after the Safety Director serves the tenants and the landlord with the initial assessment, the Safety Director shall complete the security audit and shall serve the tenants and the landlord with a copy of the written report of the security audit. The Safety Director shall serve the tenants and the landlord with a copy of the written report of the security audit by delivering or mailing it to their respective addresses.
   (h)   If the Safety Director determines in a security audit that the landlord is obligated to implement additional security measures in the common areas of the multifamily structure or development, the landlord is obligated to implement those security measures within the reasonable time period(s) specified in the security audit.
   (i)   The landlord’s obligation under this section and the security audit to implement the security measures specified in the security audit, within the reasonable time period(s) specified in the security audit, is an implied term of any rental agreement for any dwelling unit in the multifamily structure or development. If the landlord breaches that implied term of a rental agreement, it constitutes a breach of an obligation imposed upon the landlord by the rental agreement, for the purposes of RC 5321.07(A).
   (j)   The tenants of a multifamily structure or development may not file a petition pursuant to this section if, relative to the same multifamily structure or development, a petition has been filed and served properly pursuant to this section within the preceding twelve (12) months.
   (k)   If the landlord requests the Safety Director to inspect the multifamily structure or development to determine whether the landlord has implemented the landlord’s obligations under the security audit, within thirty (30) days of the request, the Safety Director shall make that determination, in writing, and shall serve the tenants and the landlord with a copy of that determination. The Safety Director shall serve the tenants and the landlord with a copy of that determination by delivering or mailing it to their respective addresses.
(Ord. No. 1844-A-99. Passed 7-18-01, eff. 7-26-01)