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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
PART IIIE: LAND USE CODE - BUILDING CODE
TITLE XIII: BUILDING CODE
CHAPTER 3101 - SCOPE, DEFINITIONS AND STANDARDS
CHAPTER 3103 - ENFORCEMENT AND PENALTY
CHAPTER 3104 - CIVIL ENFORCEMENT
CHAPTER 3105 - PERMITS AND OCCUPANCY CERTIFICATES
CHAPTER 3106 - REGISTRATION OF VACANT BUILDINGS AND CERTIFICATES OF COMPLIANCE FOR VACANT BUILDINGS
CHAPTER 3107 - REGISTRATION OF CONTRACTORS
CHAPTER 3109 - ENCROACHMENTS
CHAPTER 3111 - OHIO BUILDING CODE
CHAPTER 3113 - OUTDOOR SIGNS AND DISPLAYS
CHAPTER 3114 - FIRE LIMITS
CHAPTER 3115 - DEMOLITION AND MOVING
CHAPTER 3116 - CONSTRUCTION AND POST-CONSTRUCTION SITE STORM WATER RUNOFF CONTROL
CHAPTER 3117 - PRIVATE SWIMMING POOLS
CHAPTER 3121 - RESIDENTIAL BUILDING CODE OF OHIO FOR ONE, TWO, OR THREE-FAMILY DWELLINGS
CHAPTER 3123 - MISCELLANEOUS OCCUPANCY
CHAPTER 3125 - EXCAVATIONS, SOILS AND FOUNDATIONS
CHAPTER 3126 - FILLS, EXCAVATIONS, SOILS, AND GRADING
CHAPTER 3127 - WOOD CONSTRUCTION
CHAPTER 3129 - LOADS
CHAPTER 3131 - HEATING, VENTILATING AND AIR CONDITIONING
CHAPTER 3133 - PLUMBING
CHAPTER 3135 - GAS PIPING AND APPLIANCES
CHAPTER 3137 - ELECTRICAL WIRING
CHAPTER 3139 - REFRIGERATION
CHAPTER 3141 - ELEVATORS
CHAPTER 3143 - EXTERIOR WALLS AND APPURTENANCES; PARKING GARAGES
CHAPTER 3167 - FLOOD PLAIN MANAGEMENT
CHAPTER 3169 - MANUFACTURED HOMES
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 3103.10 Abandoned Service Stations
   (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.
§ 3103.11 Restraining Order
   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.
§ 3103.111 Ticketing by Employees of the Department of Public Service
   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)
§ 3103.12 Requirements Not Covered by Code
   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.
§ 3103.13 Alternate Materials and Construction
   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.
§ 3103.14 Re-Use of Used Materials
   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.
§ 3103.15 Tests of Materials or Methods
   (a)   Whenever there is insufficient evidence that any material or construction authorized by OBBC or this Building Code conforms to the requirements of this Building Code, or that any material or construction authorized or approved by the Board of Building Standards and Building Appeals conforms to the terms of authorization or approval given by the Board, the Commissioner may require tests as proof of compliance to be made at the expense of the owner by an approved agency.
   (b)   Tests shall be made in accordance with generally recognized standards for the material or construction in question, but in the absence of such standards the Board shall specify the test procedure. Duly authenticated tests by a competent person or laboratory may be accepted by the Commissioner in lieu of tests made under the Commissioner’s supervision.
   (c)   Copies of the results of all such tests shall be kept on file in the office of the Commissioner for a period of not less than five (5) years after the acceptance of the structure or materials or assembly of materials.
   (d)   The Commissioner may require tests to be repeated if at any time there is reason to believe that the material or construction no longer conforms to the requirements on which its approval was based.
§ 3103.16 Prohibition of Urea Formaldehyde Foam Insulation
   No person shall sell or install urea formaldehyde foam insulation within the City.
§ 3103.17 Prefabricated Assemblies
   (a)   No provision of this Building Code shall be interpreted to prohibit or prevent the use of assemblies prefabricated off the site or at the site of construction, provided such assemblies conform to the provisions of OBBC or this Building Code or to the terms of an approval given by the Board of Building Standards and Building Appeals.
   (b)   Where the component parts of prefabricated assemblies are not readily accessible to inspection at the site, the Commissioner may accept certification that the assembly as installed at the site is identical with specimens upon which approval was based. If mechanical and electrical equipment are so installed as not to be readily accessible to inspection at the site, certification may be required that such equipment complies with applicable laws and ordinances, or the terms and conditions upon which approval was based.
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