§ 573.10  Responsibilities of Abutting Property Owners
   (a)   Every owner or occupant of premises abutting on the harbor shall at all times keep the wharves and docks, bulkheads and embankments on the premises in good repair and safe condition. Whoever violates this section shall be held liable for all damages to persons or property by reason of such unsafe conditions or wharves and docks.
   (b)   No later than May 31, 2001, every owner of any property, whether improved or not, abutting the Cuyahoga River from the Norfolk Southern Bridge south on the river to the Center St. Bridge and every owner of any property on which alcohol is sold abutting the Cuyahoga River or Old River, where the vertical rise prevents egress to the shore, shall install and maintain at least one (1) ladder facilitating access from the river to the shore per one hundred fifty (150) linear feet of property along the shoreline, but no less than one (1) ladder per property. Owners of property on the portion of Whiskey Island that abuts the Cuyahoga River south of the Norfolk Southern Bridge where the vertical rise prevents egress to the shore are excluded from the above requirement, except for owners of property abutting the river on which alcohol is sold. The bottom of the ladder shall reach a depth of two (2) feet below the mean low water level, which is five hundred and sixty nine and two-tenths feet (569.2) above sea level. The top of the ladder shall terminate no less than one (1) foot above the mean high water level, which is five hundred and seventy-four and three- tenths feet (574.3) above sea level, and shall be designed to facilitate safe egress to the shore. The ladders shall be constructed of durable, marine compatible materials. All required permits shall be obtained for installation of the ladders and a Certificate of Appropriateness shall be obtained from the City. The review process for the Certificate of Appropriateness shall include review of the design of the ladders by the City Planning Commission and the Division of Building and Housing. The City Planning Commission shall refer an application for a Certificate of Appropriateness to the local design review committee. Upon receipt of a recommendation from the local design review committee, the City Planning Commission shall review the application at the next regularly scheduled City Planning Commission meeting.
   (c)   No later than May 31, 2001, every occupant of property, whether improved or not, abutting the Cuyahoga River from the Norfolk Southern Bridge south on the Cuyahoga River to the Center St. Bridge, every occupant of any property on which alcohol is sold abutting the Cuyahoga River or Old River, every occupant of property, whether improved or not, abutting a deck that abuts the Cuyahoga River from the Norfolk Southern Bridge south on the river to the Center St. Bridge, and every occupant of any property on which alcohol is sold abutting a deck that abuts the Cuyahoga River or Old River shall provide and maintain at least one (1) serviceable thirty (30) inch ring life buoy, or approved rescue line-throwing bag, per one hundred fifty (150) linear feet of property along the shoreline. Occupants of property on the portion of Whiskey Island that abuts the Cuyahoga River, or that abuts a deck that abuts the Cuyahoga River, south of the Norfolk Southern Bridge, are excluded from the above requirement, except for occupants of property abutting the river, or abutting a deck that abuts the river, on which alcohol is sold. There shall be no less than one (1) ring buoy or approved rescue line- throwing bag per business establishment located within the area described above. At least seventy-five (75) feet of suitable floating line shall be attached to each ring buoy or line-throwing bag. The ring buoy or line- throwing bag shall be accessible to the public at or near the bank of the river.
   (d)   No later than May 31, 2001, every occupant of improved property abutting the Cuyahoga River or Old River or abutting a deck that abuts the Cuyahoga River or Old River and containing a commercial establishment selling alcohol shall provide at least one (1) twelve (12) foot minimum length pole to be used to retrieve persons or property from the water and at least one (1) portable hand-held lantern of sufficient power to identify floating objects in the water at a minimum distance of fifty (50) feet. The pole and portable light may be accessible to employees only.
   (e)   The denial of a Certificate of Appropriateness may be appealed to the Board of Zoning Appeals consistent with the Charter, ordinances and rules applicable to that Board.
   (f)   There shall be a chart conspicuously posted to indicate which individuals will be responsible for monitoring compliance of this section.
   (g)   Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(Ord. No. 861-08. Passed 7-2-08, eff. 7-7-08)