521.01 Abandoned refrigerators and airtight containers.
521.02 Venting of heaters and burners.
521.03 Barricades and warning lights; abandoned excavations.
521.04 Sidewalk obstructions; damage or injury.
521.05 Notice to fill lots, remove putrid substances.
521.06 Duty to keep sidewalks in repair and clean.
521.07 Fences.
521.08 Littering; storage of junk vehicles and parts.
521.09 Noxious or offensive odors.
521.10 Nonsmoking areas in places of public assembly and public buildings.
521.11 Noxious weeds and untrimmed lawns.
521.12 Garbage and trash receptacles.
521.13 Mandatory curtailment of water use.
521.14 Exterior property areas.
521.15 Spreading contagion.
521.99 General code penalty; equitable remedies.
CROSS REFERENCES
See sectional histories for similar State law
Flagpole installation in sidewalk - see Ohio R.C. 723.012
Excavation liability - see Ohio R.C. 723.49 et seq.
Removal of noxious weeds or litter - see Ohio R.C. 731.51 et seq.
Nuisances - see Ohio R.C. Ch. 3767
Tampering with safety devices - see GEN. OFF. 541.04
(a) No person shall abandon, discard, or knowingly permit to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semiairtight container which has a capacity of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semiairtight container located in that part of a building occupied by a dealer, warehouseman or repairman. (ORC 3767.29)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(a) A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gas:
(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in storage, factory or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning;
(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in subsection (a) hereof, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.
(b) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.
(c) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.
(d) Subsection (a) hereof does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source outside of the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.
(e) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum gas heaters exempted from subsection (a) hereof when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under Ohio R.C. 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of any rules adopted under this subsection.
(f) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas, or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this subsection.
(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below one hundred degrees fahrenheit or thirty-seven and eight-tenths degrees centigrade shall be sold, offered for sale or used in any kerosene space heater.
(h) No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space heater.
(i) No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not exempt from subsection (a) hereof unless it is marked conspicuously by the manufacturer on the container with the phrase "Not Approved For Home Use."
(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82. (ORC 3701.82)
(k) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 3701.99(C))
(a) No person shall abandon or knowingly permit to remain on public or private property, any excavation, well, cesspool or structure which is in the process of construction, reconstruction, repair or alteration unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.
(b) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.
(c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall place or knowingly drop upon any part of a sidewalk, playground or other public place any tacks, bottles, wire, glass, nails or other articles which may damage property of another or injure any person or animal traveling along or upon such sidewalk or playground.
(b) No person shall walk on, or allow any animal upon, or injure or deface in any way, any soft or newly laid sidewalk pavement.
(c) No person shall place, deposit or maintain any merchandise, goods, material or equipment upon any sidewalk so as to obstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no such case shall the obstruction remain on such sidewalk for more than one hour.
(d) No person shall unload upon, or transport any heavy merchandise, goods, material or equipment over or across any sidewalk or curb without first placing some sufficient protection over the pavement to protect against damage or injury. The affected area shall be rendered safe and free from danger.
(e) No person shall allow any cellar or trap door, coal chute or elevator or lift opening in any sidewalk to remain open without providing suitable safeguards to protect and warn pedestrian traffic of the dangerous condition. (A.O.)
(f) No person shall allow the growth of hedges, trees, bushes, etc., to obstruct the sidewalk.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2010-24. Passed 5-11-10.)
(a) No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law:
To fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall erect or maintain any fence charged with electrical current.
(b) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substances or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(b) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(c) No person, firm or corporation shall, without lawful authority, store, place, or allow to remain motor vehicles or semitrailers, in an inoperative or unsafe condition, or unfit for further use as a motor vehicle or semitrailer, and/or automobile parts, on private or public property for more than five days within any consecutive thirty day period unless kept within a building. Businesses located on Bellaire Road or Memphis Avenue, which are engaged in the motor vehicle or semitrailer repair business, are permitted to let motor vehicles and semitrailers remain outside of a building for a period not to exceed seven days. After the seventh day, the motor vehicles and/or semitrailers must be placed within a building or restored to an operative and/or safe condition. For purposes of this subsection, “inoperative condition” shall include motor vehicles or semitrailers which are dismantled, inoperative or unlicensed.
(d) A separate offense shall be deemed committed each day during or on which violation occurs or continues.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2000-12. Passed 7-13-00.)
(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.
(ORC 3767.13)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(a) As used in this section, "place of public assembly" means:
(1) Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a rest home serving as the residence of a person living in such rest home;
(2) All buildings and other enclosed structures owned by the State,its agencies or political subdivisions, including but not limited to hospitals and State institutions for the mentally ill and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used primarily as a food service establishment is not a place of public assembly.
(3) Each portion of a building or enclosed structure that is not included in subsection (a)(1) or (2) hereof is a place of public assembly if it has a seating capacity of fifty or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
(b) For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in subsection (a)(1) hereof the local fire authority having jurisdiction shall designate no smoking area. In places included in subsection (a)(2) hereof that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in subsection (a)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (a)(2) hereof which are also included in subsection (a)(1) hereof, the officer who has authority to designate the area in places in subsection (a)(2) hereof shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state "NO SMOKING". No person shall remove signs from areas designated as no smoking areas.
(c) No person shall smoke in any room or place within the Village Town Hall, except that smoking of tobacco products shall be permitted in the Police Chief and Police rooms only.
(d) This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).
(e) No person shall smoke in any area designated as a no smoking area in accordance with subsection (b) or (c) hereof or Ohio R.C. 3791.031.
(f) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1998-3. Passed 1-6-98.)
(a) No owner, lessee, occupant or other person having the charge or management of any lot or parcel of land situated within the Village, whether improved or unimproved, vacant or occupied, and including lawn and tree lawn areas, shall cause, permit or suffer:
(1) Any lawn or grass, other than ornamental grass, weed or vine to grow a height in excess of six inches upon said lot or parcel; or
(2) Any noxious or poisonous weeds or vines, as defined by the Ohio Department of Agriculture at Section 901:5-21-01 of the Ohio Administrative Code, to grow upon said lot or parcel.
(b) If at any time the owner, lessee, occupant or other person having charge or management of the lot or parcel, does not cut, trim or remove any lawn, grass, weed, vine, noxious or poisonous weed or vine, is in violation of section (a), the Village of Linndale may take any or all of the following actions:
(1) The Village may take any action necessary to abate the nuisance and to bill the owner of the property for all costs of abatement, but no less than seventy-five dollars ($75.00) per lot. If the amount is not paid within thirty days after the mailing of the billing, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected; and the Village may report such non-payment to credit reporting agencies under the property owner’s name; and the Village may attempt to collect the costs of abatement through any legal means available, including but not limited to filing a collection action in the municipal court.
(2) The Village may ticket the owner, operator, and/or person in possession or control of the property. Each violation may be subject to a fine of up to one hundred fifty dollars ($150.00). Each day the nuisance exists is considered a separate offense.
(3) The Village may take other civil or criminal actions under applicable law.
(c) Any owner, lessee, occupant or other person having charge or management of any lot or parcel of land, who has received a billing pursuant to subsection (d) hereof, may appeal the notice to the Council of the Village of Linndale. Such notice of appeal must be in writing signed by such owner, lessee, occupant or other person having charge or management of the lot or parcel, and must be filed at the Mayor’s office within five days following the date of receipt of the notice of billing. The Mayor, within five days after the filing of any notice of appeal, shall notify the appellant of the next regularly scheduled Council meeting and will add an item to the agenda to hear the appeal; at which hearing all interested parties shall be afforded an opportunity to be heard. If the appellant demonstrates either that the condition on his lot or parcel did not violate any provision of subsection (a) hereof, then the Council shall, as appropriate, either modify or annual the notice of billing.
(Ord. 2018-25. Passed 6-5-18.)
(a) All owners, or tenants, of properties located within the Village and used for commercial or industrial businesses, shall provide trash and/or garbage collection areas which shall be enclosed on at least three sides by a solid wall or fence of at least five feet in height.
(b) In locating their garbage or trash receptacles, no owner, or tenant, of property within the Village used for commercial or industrial business may construct a cement pad enclosure less than ten feet from any property line of their premises, or located a garbage or trash receptacle within sixty feet of any occupied dwelling.
(c) Following the thirtieth day from the passage of this section, owners, or tenants, of properties within the Village used for commercial or industrial businesses may empty, or cause to be emptied, garbage or trash receptacles no earlier than 6:30 a.m., nor later than 9:00 p.m. on any day.
(d) Any owner, or tenant, of a property within the Village used for commercial or industrial business, which presently has provided for the location and/or screening of garbage or trash receptacles not in compliance with the provisions of this section, may have ninety days to comply, and further may request and receive, from the Mayor’s office, one thirty day extension of the ninety day period, upon submission of a written request and payment of a ten dollar ($10.00) fee. No extension of the ninety day period may be granted unless the owner or tenant submits his written request to the Village prior to the eighty-seventh day of the ninety day period.
(Ord. 87-13. Passed 11-4-87.)
(e) Whoever violates this section is guilty of a minor misdemeanor.
(a) Upon notice from the City of Cleveland, Division of Water and Heat of the Department of Public Utilities that a shortage of water supply exists which threatens the public health and safety and that the shortage makes it necessary to curtail water use within all or any part of the Village, the Mayor shall proclaim a water use emergency throughout all or any part of the Village.
(b) A water use emergency proclamation shall specify:
(1) The geographic area affected by the water use emergency;
(2) The length of time the emergency shall be in effect which time shall not exceed seven days; and
(3) The degree of water use curtailment.
During a water use emergency, the Mayor may order a water use curtailment by prohibiting unnecessary use or consumption of water during all or specified hours of the day and/or may order that specified premises curtail necessary use or consumption of water on specified days only as the Mayor shall determine to be necessary.
A proclamation of a water use emergency shall become effective at the time of issuance by the Mayor. Notice thereof shall be given to a newspaper of general circulation in the Village and shall be reported to a local radio and television station for broadcast.
(c) As used in this section, unnecessary use or consumption means the use or consumption of water for purposes other than personal health, safety, sanitation and bodily consumption. “Unnecessary use or consumption” of waters includes but is not limited to sprinkling or watering lawns, other land irrigation, the washing of automobiles, houses or other structures and the use of water for recreational purposes such as the maintenance of swimming pools. The use of water for private construction such as the mixing and curing of concrete, the puddling of backfill in excavations, the moistening of masonry walls preparatory to pointing or sealing, and other similar uses is not an unnecessary use or consumption of water. The use of water to scrub and rinse areas such as hard-surfaced drives, garage floors, patios and similar uses where necessary for the purpose of sanitation and the protection of health is not an unnecessary use and consumption of water.
(d) No person or entity shall during a water use emergency use water in violation of the terms and conditions of the Mayor’s water use emergency proclamation.
(e) Whoever violates this section is guilty of a minor misdemeanor. Whoever violates this section having been previously convicted of a violation of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1988-13. Passed 7-11-88.)
No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of such premises any condition which deteriorates, or blights the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance; or which adversely alters the appearance and general character of the neighborhood and shall keep such premises free of any debris, object, material or condition which may create a health, accident or fire hazard or which is a public nuisance. Furniture used on open porches, decks and patios shall be of the type and style designed and intended for exterior use. Lawns, landscaping, trees and driveways shall also be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. All parking surfaces, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition.
(Ord. 2013-43. Passed 10-1-13.)
(a) No person, knowing or having reasonable cause to believe that the person has a dangerous, contagious disease, shall knowingly fail to take reasonable measures to prevent exposing self to other persons, except when seeking medical aid.
(b) No person, having charge or care of a person whom the person having charge or care knows or has reasonable cause to believe has a dangerous, contagious disease, shall recklessly fail to take reasonable measures to protect others from exposure to the contagion, and to inform health authorities of the existence of the contagion.
(c) No person, having charge of a public conveyance or place of public accommodation, amusement, resort or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measures to protect the public from exposure to the contagion, and to inform health authorities of the existence of the contagion.
(ORC 3701.81)
(d) Whoever violates this section is guilty of a misdemeanor of the second degree.
(ORC 3701.99(C))
(a) Whoever violates or fails to comply with any of the provisions of Chapter 521, including a provision of any standard or Code adopted by reference in Chapter 521, including any rule, regulation or order made under authority of Chapter 521 or under authority of any such standard or code adopted by reference, for which no penalty is otherwise provided, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1000) or imprisoned not more than six months, or both, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use, in or about any premises, or to require compliance with provisions of this Chapter or other applicable laws, ordinances, rules or regulations or the orders or determinations of the Village’s building official.
(Ord. 2016-13. Passed 6-7-16.)