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(a) Any structure determined by the Director of Building and Housing to be vacant and unsafe as defined in Section 3103.09 and for which utility service, including gas, electric and water, or other utility as identified by the Director of Building and Housing, has not been shut-off poses an immediate risk of harm from explosion, fire, or flooding and is therefore declared to be a nuisance which shall be abated by shut-off of all utility service.
(b) When notified by the Director or his or her designee, no Utility shall fail to shut-off its service to any vacant and unsafe structure within ten (10) calendar days of receipt of written notice. Notice shall be served on the Utility by facsimile, e-mail, or certified mail. The handing of the notice to the person designated to receive the notice shall be deemed actual notice and is legal and valid service and no other form of service is necessary. It shall be the responsibility of the Utility to designate a person to receive the notice provided for in this section. Beginning June 1, 2008, and as often as necessary to ensure that the City has current information, the Utility shall provide to the Director the name, address, telephone number, fax number, and email address of the person designated to receive City notices.
(c) No later than two (2) business days following the utility service shut-off, the Utility shall notify the Director of the date and time that the Utility shut-off the utility service. The notice will be in the form requested by the Director.
(d) For purposes of this section:
(1) “Utility” means any company, in the business of providing electrical, water, gas, telephone, cable, or other utility service to a building or structure.
(2) “Vacant” means that no person actually and legally resides in any part of the structure or that no person conducts a lawful business in any part of the structure.
(3) “Shut-off” means to stop the flow of gas, electricity, water or other utility service from entering the premises. For underground utilities, shut-off shall be accomplished by disconnecting the service at the street and for overhead utilities, disconnection shall be at the pole.
(e) In the event of any actual or threatened violation of this section or an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate such violation or remedy such situation.
(f) The Director may promulgate rules and regulations to enforce this section.
(Ord. No. 835-10. Passed 8-18-10, eff. 8-20-10)
(a) No corporation, partnership, limited-liability company or other business entity, whether domestic or foreign, shall buy, own, sell, or transfer real property in the City of Cleveland without filing articles of incorporation and identifying a statutory agent, filing articles of organization and identifying a statutory agent, or being licensed by the Ohio Secretary of State and identifying a statutory agent in accordance with RC Chapters 1701, 1702, 1703 and 1705.
(b) No officer of a corporation, partnership, limited-liability company or any other business entity shall transact business to buy, own, sell or transfer real property in the City of Cleveland unless the business entity has filed articles of incorporation and identified a statutory agent, filed articles of organization and identified a statutory agent, or been licensed by the Ohio Secretary of State and identified a statutory agent in accordance with RC Chapters 1701, 1702, 1703 and 1705.
(c) Any corporation, partnership limited-liability company or any other business entity or officer who fails to comply with the requirements of divisions (a) and (b) of this section is in violation of this chapter and shall be charged as an organization or individual with a first degree misdemeanor. Each property bought, owned, sold or transferred by a business entity that is not in compliance with these requirements is a separate violation.
(Ord. No. 1520-11. Passed 11-14-11, eff. 11-16-11)
(a) If any service station becomes abandoned, such service station shall be presumed to be a nuisance adversely affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the City and shall be abated. For purposes of this section, an “abandoned service station” is defined as a closed service station which has been inoperative for at least three (3) consecutive months.
(b) Whenever any service station closes or discontinues operations for thirty (30) or more days then the owner shall give written notice to the Commissioner setting forth therein the location of the closed service station, the date of closure and the name and address of the owner and of the lessee, if any.
(c) The owner or lessee of a closed service station shall at all times from and after the closure thereof maintain the service station premises in a neat, clean and safe condition, cutting all grass and removing all rubbish, refuse and weeds, in accordance with the provisions of the Codified Ordinances. If glass windows are broken then such glass shall be promptly replaced or the window shall be boarded up and painted in a manner satisfactory to the Commissioner.
(d) The parking of motor vehicles on closed service station premises shall be prohibited, and the owner or lessee shall maintain and display in the window of service station building or elsewhere on the premises in a conspicuous place a sign of at least ten (10) square feet in area notifying the public that parking is prohibited. The owner or lessee of a closed service station shall, within seven (7) days after the closure thereof, erect and maintain a physical barrier which effectively blocks access to the service station premises and prevents the parking of vehicles thereon.
(e) Whenever the Commissioner finds any closed service station to be an abandoned service station within the meaning of this section, he or she shall give notice in the same manner as service of summons in civil cases or by certified mail addressed to the owner at his or her last known address or at the address to which tax bills are sent and to the lessee, if any, directing the owner and lessee within sixty (60) days of issuance of such notice to abate the nuisance caused by such abandonment in conformity with the provisions of this section as follows:
(1) By reopening the service station and continuing the operation thereof for a period of not less than ninety (90) consecutive days; or
(2) By converting the service station to a use and occupancy permitted under the Zoning and Building Codes; or
(3) By razing all structures on the premises including pump islands, poles and signs, and remove or inert all flammable liquid storage tanks, and remove all debris and leave the premises in a clean, orderly and safe condition.
(f) In any event, if the service station is not reopened for operation within sixty (60) days of issuance by the Commissioner of the notice to abate the nuisance caused by the abandonment of such station as provided for in subsection (e) hereof, then all signs, pumps and poles shall be removed and all flammable liquid storage tanks shall be removed or abandoned in place in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to NFiPA Standard No. 30 entitled “Flammable and Combustible Liquids Code”, under the supervision of the City Division of Fire. All holes and depressions shall be filled to the grade level of the lot.
(g) The owner or lessee may, not less than ten (10) days prior to the expiration of the sixty (60) day compliance date, make written application to the Commissioner for a ninety (90) day extension of time for razing the service station building, and provided that the owner or lessee has complied with the foregoing provisions of this section during the period following the closure of the service station, the Commissioner for good cause shown may grant such extension. In like manner the owner or lessee may, not less than ten (10) days prior to the expiration of the initial ninety (90) day extension period, apply for an additional ninety (90) day extension of time for razing the service station building and provided that the owner or lessee has complied with the foregoing provisions of this section during the period following the closure of the service station, the Commissioner may grant such additional extension for good cause shown. For purposes of this section, good cause for granting any such extension of time shall be a showing that there is a reasonable possibility that the service station premises will be altered, adapted and used for some other permitted business use, or any showing, which in the judgment of the Commissioner is deemed good and sufficient reason for the granting of such extension.
(h) Upon the failure, neglect or refusal of any owner or lessee to comply with the provisions of this section after receipt of the aforesaid notice to abate the nuisance caused by any abandoned service station, the Commissioner shall at the expense of the owner take such action as may be necessary or appropriate to abate such nuisance.
(i) If Council declares that an emergency curtailing the operation of motor vehicles exists in that a state of general economic depression exists, then the provisions of this section do not apply.
Whenever any person, firm or corporation fails, neglects or refuses to comply with a stop order issued under the provisions of Section 3103.07, or fails, neglects or refuses to comply with a notice to repair, rehabilitate or demolish a building or other structure declared unsafe under the provisions of Section 3103.09, and whenever any building or other structure is used or occupied so as to be in violation of, or not in conformity with, any provision of OBBC or this Building Code, the Commissioner or any other administrative officer having jurisdiction may, in his or her discretion, through the Director of Law, institute an appropriate action at law or in equity to restrain the execution of work in violation of this Building Code, to compel the removal of work executed in violation of this Building Code, and to prevent the occupation or use of such building or other structure.
In addition to any other means of enforcement provided for in these Codified Ordinances, the Director of Public Service and any employee in the Division of Streets serving in the capacity of foreman or above, when commissioned by the Director of Public Safety as special police, may enforce the minor misdemeanor offense contained in division (a) of Section 3101.11 through the issuance of citations in accordance with Rule 4.1 of the Rules of Criminal Procedure.
(Ord. No. 1424-99. Passed 11-29-99, eff. 12-6-99)
Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by OBBC or this Building Code, or not readily interpretable from the provisions of this Building Code, shall be determined by the Board of Building Standards and Building Appeals. Any questions regarding such requirement shall be referred to the Board.
Alternate materials and methods of construction may be used even though not specifically authorized by OBBC or this Building Code, provided such alternate has been approved by the Board of Building Standards and Building Appeals. Materials and constructions which have been approved by the Board shall be used and installed in accordance with the terms of approval.
Used materials shall be re-used only when approved for re-use by the Commissioner. The Commissioner may require tests to determine the strength and suitability of such materials, and may prescribe the maximum allowable stress and other conditions under which such materials may be re-used.
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