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Where the elevation or topography of any lot or parcel of land abutting upon a sidewalk is such in relation to the sidewalk that earth, stone, sand or gravel slide, fall or are carried upon such sidewalk by force of gravity or by action of water, the owner or person in charge or control of such lot or parcel of land shall within twenty-four (24) hours after the depositing of such matter upon the sidewalk, remove or cause the same to be removed. If by reason of the elevation or topography of such lot or parcel of land a recurrence of such obstruction or nuisance upon the sidewalk is probable or reasonably to be anticipated, the owner or person in charge or control of such lot or parcel of land shall construct upon his or her land such suitable retaining wall or other device as will effectually prevent such recurrence.
No owner, agent, employee or other person shall open or remove, or permit anyone to open or remove the cover of any coal hole or grating in any sidewalk, or raise or permit anyone to raise any elevator or lift, or open or permit anyone to open the doors or other device covering any aperture in any sidewalk within the City, without first placing upon the sidewalk, all around the coal hole, elevator, lift, doors or other devices used to cover such aperture, a railing or other suitable structure or obstruction not less than three (3) feet high, and sufficient to protect and to warn foot passengers that the aperture is to be opened. During the whole time the aperture remains open it shall be protected by the railing, structure or obstruction, as stated herein and the railing, structure or obstruction shall be immediately removed when the aperture is closed.
No owner of real property within the corporate limits of the City nor any agent having control of the same shall permit any gate to be or to remain so constructed as to enable the same to be swung over or across any portion of the sidewalk in front of such premises unless such gate is hung on self-closing hinges or has attached thereto weights, springs or other devices, so that such gate shall swing back from the sidewalk and not obstruct the same.
No person shall raise up from any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other articles of merchandise into the second or higher story of any house, store or other building upon or adjoining the same, and on the outside of the building, and no person shall deliver from the second or any higher story of any house, store or other building, on the outside of the same, which adjoins upon any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other article of merchandise, except at such times and places, and under such restrictions and limitations as the Director of Public Service shall authorize and direct. However, this shall not be construed to extend to raising any materials or other articles which may be necessary in erecting, repairing or taking down any building, or for removing any merchandise or other article, in case of danger by fire or other inevitable casualty.
Every owner, occupant or person having charge of any tenement, building, lot or land fronting on any avenue, street, alley or other public highway of the City, shall clear the whole sidewalk in front of the tenement, building, lot or land, of snow and ice, before 9:00 a.m. of each day; provided, that if the sidewalk in front of the tenement, building, lot or land is not flagged or paved, a pathway thereon shall be cleared of ice and snow to the width of at least five (5) feet. If from any cause it is impossible to remove all the snow and ice which may adhere to such sidewalk, then every such owner, occupant or person having charge shall cover the snow or ice as shall so remain with such coating of ashes, sand or other substance as may be necessary to render travel safe and convenient. Every owner, occupant or person having charge of any tenement, building, lot or land fronting upon any avenue, street, alley or other public highway of the City, shall keep the entire width of the sidewalk, from curb to lot line, free and clear of all earth, sand, brick, stone, rubbish, dead trees and dead branches of trees, or other material which from any cause whatever has accumulated or may accumulate upon the sidewalk above the established grade of the same, and shall also cut and remove from the sidewalk between the lot and curb line, all weeds, grass and vegetable growths that are more than four (4) inches in height. If the owner of any building, lot or land fails to comply with the provisions of this section, then the Director of Public Service may remove the snow, ice, earth, sand, brick, stone, rubbish, dead trees or dead branches of trees, or other material, weeds, grass and vegetable growths, from the sidewalk in front of the premises of such owner, and may charge the expense thereof to such owner. If upon being notified, he or she fails to pay the City the amount of such expense, then the amount may be certified by the proper City officer to the County Auditor, and the same shall act as a lien upon the property of such owner, and shall be collected as provided for in the case of special assessments.
No person shall cast, throw, place or deposit on any sidewalk or crosswalk on any street, avenue or public place within the limits of the City any part or portion of any fruit or vegetable or other substance which when stepped upon by any person is liable to cause such person to slip or fall.
(a) Purpose. The regulations of this section are established to prevent obstructions on public sidewalks in areas characterized by high volumes of pedestrian traffic and the congregation of pedestrians on sidewalks, which obstructions would be caused by the congregation of customers purchasing products sold from a building’s windows, doors or other openings.
(b) Permit Requirement. Within the Flats Oxbow Business Revitalization District, as that district is shown on the building zone maps of the City of Cleveland, no business activity shall be conducted in which retail sales are made thorough a building’s windows, doors or other openings, directly to customers in an outdoor location, if such building opening is located less than ten (10) feet from a public sidewalk, except pursuant to a permit issued by the Director of Public Service.
(c) Permit Issuance Criteria. Such permit shall be issued if the subject sidewalk is greater than ten (10) feet in width, and if the building opening is set back a minimum of twenty (20) feet from the outer edge of the curb. Furthermore, the Director of Public Service shall evaluate pedestrian and vehicular traffic patterns to determine if the use would block, obstruct or restrict the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets and may consider the proximity and location of existing street furniture, including but not limited to sign posts, lamp posts, parking meters, bus shelters, benches, phone booths and newspaper vending devices; and the presence of bus stops, loading zones and taxi stands.
(d) Permit Issuance. No business activity regulated under division (b) of this section shall operate or be established or conducted on or after November 1, 1995, without a valid permit issued by the Director of Public Service to the owner of the business or the building from which the activity is conducted. Such permit shall be revocable by the Director of Public Service if there is a change in the circumstances upon which issuance of the permit was based, including a change in pedestrian and vehicular traffic patterns, street furniture and bus stops, loading zones or taxi stands that causes free passage to be blocked, obstructed or restricted.
(e) Permit Application. An application for a permit shall be submitted to the Director of Public Service on forms provided by the Director. For any application submitted pursuant to the regulations of this section, the Director shall either approve or disapprove the application within ninety (90) days of receipt of a complete application. Each application shall be accompanied by a site plan, drawn to scale and displaying dimensions, which shows the building wall, any openings and sales area in relation to the sidewalk, curb and street.
(f) Appeals. Any applicant who has been denied a permit pursuant to the regulations of this section may appeal the denial to the Board of Sidewalk Appeals. The Board may approve such application if it determines that no significant obstruction to pedestrian travel will result from the subject activity. In making this determination, the Board shall consider, among other factors, the scale of the retail sales activity, the level of pedestrian traffic on the sidewalk, and the configuration of the sales area in relation to the sidewalk and existing street furniture, bus stops, loading zones and taxi stands.
(g) Permit Fee. Each application shall be accompanied by a fee of one hundred dollars ($100.00), which shall be refunded if the application is not approved.
(Ord. No. 1276-95. Passed 7-19-95, eff. 7-28-95)
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