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 and deposit of garbage, rubbish, junk, etc.
521.09 Noxious or offensive odors.
521.10 Shoveling or piling materials on public places.
521.11 Trimming of trees, shrubs and weeds required.
521.12 Land fill.
521.13 Removal of topsoil.
521.14 Spreading contagion.
521.99 Penalty.
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 misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(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.
(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(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 misdemeanor of the fourth degree. A separate offense shall be committed each day during or on which a violation occurs or continues.
(a) No owner or occupant having charge of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice or any other nuisance. For the purposes of this section, “sidewalk” does not include the recreational trails which are located on Brainard, Emery, Harvard, Lander and Miles Roads and Orangewood Drive.
(Ord. 2021-4. Passed 3-10-21.)
(b) Snow and/or Ice Accumulation, Public Nuisance. Snow and/or ice accumulation in excess of three (3) inches on public sidewalks in the U-4, U-4A, U-5, U-6, U-7 and PM-UD Districts that remains on public sidewalks twenty-four (24) hours after the end of any snowfall with an accumulation of three (3) inches or more is hereby declared to be a public nuisance.
(c) Removal of Snow and/or Ice Accumulation. Upon information that a snow and/or ice accumulation public nuisance exists, as defined in subsection (b), the Building Commissioner shall cause written notice to be served upon the owner of record, and any occupant having charge of such lands abutting the sidewalk (including but not limited to any lessee, agent, or tenant), whether the same is improved or unimproved, vacant or occupied, notifying him or her that snow and/or ice accumulation exists on such sidewalk, in violation of subsection (b) and must be removed within twenty-four (24) hours after the service of the notice.
(Ord. 2017-9. Passed 4-12-17.)
(d) Notification; Service. If such owner and/or other persons having charge of such lands is a resident whose address is known to the Village, personal service shall be made by any police officer or employee of the Village Building Department to the owner and/or any other person having charge of such lands. If such owner and/or other person having charge of such lands has an address that is not located within the Village, such notice shall be sent to his or her address by certified mail, return receipt requested; if the certified mail is returned, or if actual notice cannot be made to a resident owner and/or other persons having charge of such lands within the Village, such notice shall be mailed by regular mail to the tax mailing address on the title deed to the property. If mail delivery of the notice cannot be accomplished, it shall be sufficient to publish such notice once in a newspaper of general circulation in Cuyahoga County, Ohio.
(Ord. 2020-11. Passed 7-8-20.)
(e) Compliance. The owner, occupant or person having the charge of such lands that abut a sidewalk with snow and/or ice accumulation, as described in this section, within twenty- four (24) hours after receiving written notice that snow and/or ice accumulation exists on such sidewalk, shall remove or cause to be removed such snow and/or ice accumulation.
(f) Noncompliance; Remedy of the Village. If the owner or person having charge of lands described herein fails to comply with such notice, the Building Commissioner shall cause such snow and/or ice accumulation to be removed, and the expenses so incurred shall be paid out of the treasury of the Village, and an in voice for such costs, including an administrative fee of twenty-five dollars ($25.00) shall be submitted by regular mail to the owner or person having charge of such lands for reimbursement to the Village.
(g) Collection of Costs. In the event the owner or person having charge of such lands does not reimburse the Village for the expenses incurred in furtherance of this section within forty- five (45) days of the mailing of the invoice by the Village, the Treasurer shall certify such expenses to the Auditor of Cuyahoga County, with request that such amount be entered upon the tax duplicate and a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the Village according to law.
(h) Penalty. Whoever violates any provision of this chapter is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2017-9. Passed 4-12-17.)
(Ord. 2017-9. Passed 4-12-17.)
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