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(a) Conditions. The following conditions are found and declared to be conducive to harboring mice and rats and are hereby declared to be nuisances and prohibited:
(1) Broken, cracked or defective ceilings, walls, floors or foundations in which are holes or cracks of a size sufficient to permit a rat or mouse to pass through;
(2) Material, including rubbish, debris, or firewood piled, stored or kept on the premises, into, among or under which rats or mice have burrowed or may burrow;
(3) Buildings, foundations of buildings, appurtenances to buildings, floors, walks or driveways under which mice or rats have burrowed;
(4) Portable buildings, boxes, crates and materials, including rubbish, debris, or firewood piled, stored or kept so that they rest directly an the ground surface or less than eight inches above such surface;
(5) Garbage containers without watertight tops, sides and bottoms or without tightly fitting tops, around or under which mice or rats have burrowed or may burrow;
(6) Feeding of wild animals, birds or other wildlife, other than in suitable containers for food, elevated at least thirty-six inches above the ground level;
(7) Inoperable and unlicensed, dismantled, partly dismantled or wrecked vehicles or motor vehicles or parts thereof.
(Ord. 29-66. Passed 9-26-66; Ord. 05-10. Passed 1-25-10.)
(b) Inspection. For the purpose of determining whether the conditions specified in subsection (a) hereof exist, the Mayor or the Mayor's designee is hereby authorized to inspect such premises as may be deemed necessary.
(c) Notice of Nuisance. In addition to the penalties herein provided, the Mayor or the Mayor's designee may cause written notice to be served on the owner, lessee or occupant of such real estate. Such notice shall set forth the nature of the condition, the Mayor's or the Mayor's designee’s estimate of the cost of abating the same if done by the City, a reasonable time determined by the Mayor or the Mayor's designee within which the owner may abate such conditions, and the statement that unless the conditions are abated within the stated time, they may be abated by the City and the cost of abatement assessed on the real estate above mentioned. Such notice may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate above mentioned, or by mailing it to the owner, or by publishing it once in a newspaper of general circulation within this City if it cannot be served in any of the other ways above mentioned.
If the conditions are not abated within the required time, the Mayor or the Mayor's designee shall cause its abatement and shall report the cost thereof to Council, which may assess the same on the real estate on which the condition existed, or the cause or source thereof is located.
The Mayor or the Mayor's designee shall, however, furnish the owner, lessee or occupant of the real estate on which such condition exists with the statement of the cost of abating the same as soon as such cost can be ascertained, and shall notify the owner to pay such cost within such reasonable time as the Mayor or the Mayor's designee shall fix, but not less than thirty days. In case such cost is not paid within the time fixed by the Mayor or the Mayor's designee, the Mayor or the Mayor's designee shall report such fact to Council, which may assess the same on the real estate on which the condition exists. If such assessment is not paid in cash within thirty days from the date of assessment by Council, it shall be duly certified to the County Auditor as provided by law to be placed upon the tax duplicate and collected as other taxes are collected in annual installments
(d) Form of Notice. The notice referred to in subsection (c) hereof shall be in writing, shall bear the date of issuance and shall be signed by the Mayor, the Mayor's designee or Commissioner of Building. Any such notice may be served by registered mail directed to the person to be notified or by delivery to such person or to the premises affected by it by an employee of the City.
(e) Revocation of Food Handler's License. In the event that an inspection by representatives of the City shows the existence of any condition prohibited by subsection (a) hereof, and unless such violation of subsection (a) hereof is corrected within thirty days after notice to the occupant of the premises inspected, any City license permitting a licensee to handle or deal in foods or food products on the premises shall be revoked and canceled.
(f) Remedies Not Exclusive. The revocation or cancellation of any City license hereunder shall be in addition to any of the penalties, charges or assessments provided for in this section. No action taken under this section shall be held to require the granting, issuance or renewal of any license, nor shall the withholding of any City license be held a defense to any prosecution under this section.
(g) Compliance with Building Code. The construction and materials used in all work done under this section or in order to comply with its terms, shall conform with all requirements of the Building Code and other relevant ordinances of the City.
(Ord. 81-56. Passed 3-25-57.)
(h) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 03-15. Passed 3-9-15.)
(a) The Mayor is hereby authorized during times of water shortage in the City to issue on behalf of the City an order restricting the use of water and the sprinkling of lawns. Such order may state the hours of the day or night when such sprinkling is not permitted. Such order shall be given by proclamation, signed by the Mayor, shall be published once in two newspapers of general circulation in the City and additional notice may be given in such manner as the Mayor may determine.
After any such order has been proclaimed and published as herein provided, no person shall violate the provisions thereof.
(Ord. 81-56. Passed 3-25-57.)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall erect or maintain any sign, whether for mercantile or political advertising or for any other purpose or use whatsoever, or erect or maintain any other obstruction in the space between the curb and sidewalk, commonly known as the treelawn, in or on any street or highway within the corporate limits.
(b) Nothing in subsection (a) hereof shall be construed as prohibiting the erection and maintenance of official traffic signs, signals, stanchions or other devices by the Department of Public Safety or other City officials.
(Ord. 81-56. Passed 3-25-57.)
(c) Whoever violates this section is guilty of a minor misdemeanor.
(a) Abatement by Owner or Occupant; Notice. The existence or growth, on any lot or parcel of land situated within the City, of grass, plants, weeds, vines, vegetation or undergrowth of more than six inches in height, except flowers, plants, shrubs or other vegetation, planted and cultivated by the owner or occupant thereof is hereby declared to be a nuisance and the owner, occupant, person having charge or management, or any person having an equitable or legal interest in such lot or parcel of land, upon written notice, by the Commissioner of Building, served, as provided in subsection (e) hereof, upon the owner, occupant or person having charge and management or having an equitable or legal interest in the lot or parcel of land, shall abate such nuisance, by cutting or destroying or caused to be cut and destroyed such grass, weeds, plants, vines or vegetation, within reasonable time as fixed in such notice.
(b) Definitions. As used herein:
(1) "Weed" means a plant of no value and usually of rank growth and one that tends to overgrow or choke out desirable plants.
(2) "Vine" means a plant whose stem requires support and which climbs by tendrils or twining or creeps along the ground.
(3) "Undergrowth" means a low growth on the floor of a wooded area or forest including seedlings, saplings, shrubs and herbs.
(4) "Plant" means a young tree, vine, shrub, herb or flowers and vegetation suitable for planting.
(5) "Vegetation" means plant life of total cover, as of an area.
(c) Penalty. Whoever violates this section, or who fails to comply therewith, shall, for each and every violation or failure, be fined not more than one hundred dollars ($100.00). Each day during which noncompliance of a violation continues shall constitute a separate offense. In addition to any other enforcement as provided by law or equity, this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. The Commissioner of Building may promulgate such rules and regulations as he may determine as necessary to supplement or aid in the interpretation of the requirements of this Code, which regulations shall be consistent therewith.
(Ord. 26-91. Passed 9-23-91.)
(d) Abatement by Director of Service. Whenever the Director of Service is informed by the Commissioner of Building that a nuisance as described in subsection (a) above exists, and that the nuisance has not been abated within the time prescribed in the notice as provided in subsection (a), the Director of Service is authorized to abate the nuisance and submit a bill for the actual costs to the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved; if such costs are not paid as billed, the Director of Service shall report the costs to Council, which shall cause the costs to be assessed on the lot or parcel of land involved.
(e) Service of Notice. The notice may be served by delivering it personally upon or by mail to, the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved, at his usual place of business or residence, by posting it in a conspicuous place on the lot or parcel of land involved; or by publishing it once in a newspaper of general circulation within the City if it cannot be served by any of the other ways mentioned herein.
(Ord. 22-86. Passed 7-14-86.)
(a) Abatement by Owner or Occupant; Notice. The existence on any lot or parcel of land situated within the City, of waste paper, hay and/or straw, litter or combustible or flammable waste or rubbish of any kind, including dirt, concrete, rubble and construction materials, upon a lot is hereby declared to be a nuisance and the owner, occupant, person having charge or management, or any person having an equitable or legal interest in such lot or parcel of land, upon written notice, served by the Commissioner of Building as provided in division (e) of this section, upon the owner, occupant, person having charge or management, or any person having an equitable or legal interest in such lot or parcel of land, shall abate such nuisance, by removing such waste paper, hay and/or straw, litter or combustible or flammable waste or rubbish of any kind, including dirt, concrete, rubble and construction materials, within a reasonable time as fixed in such notice.
(b) Placement or Permitting of Unlawful Waste Materials. No person shall deposit or cause to be deposited, nor shall any owner, lessee, tenant or person who has custody or control of real estate within the City permit accumulations of, waste paper, hay and/or straw, litter or combustible or flammable waste or rubbish of any kind, including dirt, concrete, rubble and construction materials, upon any such real estate or upon any structure located thereon. All weeds, grass, vines or other growth when they endanger property or are liable to be set aflame, shall be cut and removed by the owner or occupant of the property they are on, with or without notice as specified in Section 521.14.
(c) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. In addition to any other enforcement as provided bye law or equity, this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, as may be amended from time to time. The Building Commissioner may promulgate such rules and regulations as he may determine are necessary to supplement or aid in the interpretation of the requirements of this Code, which regulations shall be consistent therewith.
(d) Abatement by Director of Service. Whenever the Director of Service is informed by the Building Commissioner that a nuisance as described in division (a) of this section exists, and that the nuisance has not been abated within the time prescribed in the notice as provided in said division (a), the Director of Service is authorized to abate the nuisance and submit a bill for the actual costs to the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved. If such costs are not paid as billed, the Director of Service shall report the costs to Council, which shall cause the costs to be collected from the property owner in the manner provided in Ohio R.C. 715.261.
(e) Service of Notice. The notice described in division (a) of this section may be served by delivering it personally upon or by mail to the owner, occupant, person having charge and management, or any person having an equitable or legal interest in the lot or parcel of land involved, at the person's usual place of business or residence, by posting it in a conspicuous place on the lot or parcel of land involved; or by publishing it once in a newspaper of general circulation within the City if it cannot be served by any of the other ways mentioned herein.
(Ord. 27-93. Passed 7-12-93; Ord. 37-03. Passed 5-27-03.)
(a) During the construction of a building or structure, no person shall store or permit the accumulation of waste material and rubbish within the building or structure or in the immediate vicinity thereof, but shall remove the same from the premises as rapidly as practicable. Combustible rubbish and waste shall be removed at least daily. No material shall be disposed of by burning on the premises or in the immediate vicinity. Dry materials shall be wetted down if necessary to lay dust or prevent their being blown about.
(Ord. 36-55. Passed 11-28-55.)
(b) Whoever violates or fails to comply with this section is guilty of a minor misdemeanor.
(Ord. 45-08. Passed 3-22-10; Ord. 39-24. Passed 7-22-24.)
(a) A "smoke free zone" in a "public outdoor place" means and refers to outdoor spaces which are owned or under control of the City of South Euclid and open to the public without regard to whether or not a fee or admission is charged and includes but is not limited to: Quarry Park including the splash park, ballfields and dog park and greenspace areas; South Euclid War Memorial; Victory Park; Bexley Park including the swimming pool, ballfields, playgrounds and greenspace areas; Oakwood Nature Reserve; Food Truck Park; and City-owned parking lots.
(b) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant, cannabis, THC and electronic smoking devices (ESD), such as e-cigarettes and vape pens. "Smoking" does not include the burning of incense in a religious ceremony.
(c) Smoking is hereby prohibited in a public outdoor place as defined in division (a) of this section. No person found to be smoking in a designated smoke tree zone shall fail to immediately cease said activity when requested to do so by the Mayor, Service Director, Safety Director, Parks & Recreation Director, Police Officer, or person charged with management or care of any City-owned park or property, including a recreation or other City official.
(d) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
(e) Whoever violates any provision of this chapter will be provided with a warning for the first offense and is guilty of a minor misdemeanor for each subsequent offense beginning with the second. Upon conviction for a first offense the fine shall not be more than twenty dollars ($20.00); upon conviction of a second offense the fine shall be seventy-five dollars ($75.00); upon conviction of a third or subsequent offense the fine shall be one hundred fifty dollars ($150.00).
(a) Purpose. It is the primary purpose of this section to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this section to have the owners and operators of businesses providing shopping carts use the means available to them to deter, prevent or mitigate the removal of shopping carts from their business premises, and to retrieve any carts that may be removed despite these efforts. It is a further purpose of this section to prevent the accumulation of illegally removed carts on public or private properties.
(b) Declaration of Nuisance.
(1) Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. A shopping cart that has been removed from the premises of the business and left abandoned on public or private property throughout the City constitutes a public nuisance and a potential hazard to the health and safety of the public; each lost, stolen or abandoned cart shall constitute a separate violation. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights-of-way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons that such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this section, or in any other manner provided by law.
(2) For purposes of this section, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is:
A. An authorized agent;
B. Retail establishment personnel; or
C. Enforcement personnel.
(c) Definitions. Except as otherwise expressly set forth herein, the following words and terms as used in this section shall have the following meanings:
(1) “Administrator” means the Director of Public Safety of the City of South Euclid; or his/her designee.
(2) “Authorized agent” means the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart.
(3) “Cart patrol and retrieval company” means a contracted agent who recovers shopping carts on behalf of retail establishments within a one-half mile radius of the contracting retail establishment(s) no fewer than two times per week.
(4) “Enforcement personnel” means any police officer, code enforcement inspector, or designated staff employed by the City of South Euclid.
(5) “Identification sign” or “cart sign” means a clearly visible sign fastened to each cart that provides ownership information required by this section.
(6) “Impounded cart” means any shopping cart collected by authorized City personnel, regardless of whether or not the shopping cart is being transported to or is stored within City facilities.
(7) “Lost, stolen, or abandoned shopping cart” means a shopping cart that is either:
A. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart;
B. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner;
C. For purposes of this section, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either:
1. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart;
2. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or
3. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code.
(8) “Owner” means any person or entity that owns, leases, possesses, or makes more than ten shopping carts available to customers or the public in connection with the conduct of a business.
(9) “Parking area” means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center.
(10) “Premises” means any building, property, or other area upon which any retail establishment business is conducted or operated in the City of South Euclid, including the parking area provided for customers in such retail establishment.
(11) “Retail establishment” means any business located in the City of South Euclid which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
(12) “Security measures” means physical impediments or methods to prevent removal of shopping carts from the premises of the retail establishment including, but not limited to:
A. Electronically-activated self-braking wheels;
B. Poles mounted to shopping carts, which prevent their removal from the interior of the retail establishment;
C. Use of a cart patrol and retrieval company;
D. Dedicated security personnel; and
E. Other measures deemed appropriate and effective by the Administrator.
(13) “Shopping cart” or “cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
(d) Shopping Cart Identification.
(1) Identification on carts required. Each shopping cart made available for use by customers shall have an identification permanently affixed to it that includes the following information:
A. Identifies the owner of the shopping cart or the name of the business establishment, or both;
B. Notifies the public that the unauthorized removal of the cart from the premises of the business or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and
C. Lists a current telephone number or address for returning carts removed from the premises or parking area to the owner or retailer.
(2) Notice to customers. Owners shall provide written notice to customers that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Additionally, all owners shall display and maintain conspicuous signs on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by City law.
(e) Notification to Business Establishments.
(1) The Administrator or his/her designee shall notify the business establishment which owns any cart presumed to be lost, stolen, or abandoned using the identification information on the cart.
(2) The business establishment shall have four hours from the time of such notification to retrieve the cart before the City may impound it.
(3) If the required identification information is not on the cart, the City shall be relieved of this notification responsibility and may impound the cart immediately.
(f) Impoundment and Fines.
(1) Impoundment of shopping carts. The City may impound any lost, stolen or abandoned shopping cart within the City, or any cart within the City to which the required identification is not affixed.
(2) Impounded carts. Owners identified on carts will be informed that they have fourteen days in which to retrieve the cart(s) from the City.
(3) Notification of impounded cart. The City shall use the required cart identification to notify the owner of each impounded cart; absence of the required cart identification shall relieve the City from this responsibility.
(4) Fines. The City shall issue a five hundred dollar ($500.00) fine to the owner of each lost, stolen, or abandoned cart impounded by the City, unless the fine is eligible for deferral. Each cart impounded by the City shall constitute a separate violation. After ten violations in any calendar month, the fine shall increase one thousand dollars ($1,000) for each violation for the remainder of the calendar month.
(5) Fine waivers. Within any calendar month the Administrator shall waive fines for the first three impounded carts owned by any business that, prior to the impoundment, has implemented the following criteria:
A. Affixed the required identification sign to each impounded cart; and
B. Implemented security measures, as defined in this section, to prevent removal of shopping carts from the business' property.
(g) Disposition of Carts.
(1) Disposition of carts. Carts impounded by the City which are either held for more than fourteen days following the date of notification, or carts without identification, may be disposed of or sold by the City.
(2) Appeals.
A. Filing of appeal. Any owner aggrieved by any adverse decision of the Administrator pursuant to this section may appeal such decision within fourteen calendar days following the date of such decision by filing with the Board of Appeals a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed filed on the date the appeal application fee has been paid. No appeal shall be accepted for filing and processing by the Administrator unless accompanied by the appeal application fee.
B. Notice of hearing. If the appeal is timely filed, the Board of Appeals shall cause the matter to be set for hearing. Notices of the time and place of such hearing shall be mailed by the Zoning Administrator to the appellant or applicant, to all Councilmen, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected.
(Ord. 18-14. Passed 2-9-15; Ord. 07-18. Passed 2-25-19.)
(a) Definitions. As used in this section certain terms are defined as follows:
(1) "Pesticide" means any substance produced or distributed for preventing, destroying or repelling any insects, weeds, rodents, fungi, nematodes, mites, spiders or other forms of plant or animal life or viruses (such as any herbicide, insecticide, acaricide, nematicide, rodenticide or fungicide), except viruses on or in living humans or other animals. This includes any fertilizer mixture which contains pesticides within it.
(2) "Application of a pesticide" means the placement for effect of any pesticide at or on the exterior site where pest control or other response is desired.
(3) "Pest" means any organism, plant or animal, targeted for elimination or control by a pesticide.
(4) "Public property" means any land owned by the City.
(5) "Private property" means land owned by a private individual or business, and includes tree lawns adjacent to public rights-of-way.
(b) Prohibition of Pesticide Use. Except as provided in division (c) of this section, no person shall apply any pesticide on the gardens, lawns, lands, grounds or other exterior premises of any city-owned properties.
(c) Exceptions.
(1) Private property is exempt from this code.
(2) The ground-level application of larvicides, adulticides, and rodenticides is permitted as a public health measure necessary to reduce the spread of disease pursuant to recommendations and guidance provided by the Centers for Disease Control and Prevention, the U.S. Environmental Protection Agency, and the Ohio Department of Agriculture. Any rodenticides shall be placed in tamper-proof products, unless designed and registered for specific environments inaccessible to humans and pets. Under no circumstances shall aerial spraying or roadside spraying be permitted.
(3) The use of larvicides or rodenticides, if administered by Cuyahoga County, shall be approved by the county under provisions of County Ordinance No. 02011-0047.
(4) Prior to the approval of a request for pesticide application, the Board shall conduct a review of the applicant's consideration of Organic Pest Management (OPM) and Integrated Pest Management (IPM) strategies.
(d) Environmental Review Board (ERB).
(1) An Environmental Review Board (ERB) is hereby created to hear and decide upon requests for permission to apply pesticides in specific cases. The Board shall consist of 1) the Service Director, 2) Director of Community Services, 3) Council Recreation Committee Chairperson or other Council member or City department representative appointed by Council, 4) a member of the public with knowledge of pesticide use and organic and integrated pest management strategies, which person is to be appointed by Council, and 5) a representative of the Cuyahoga County Board of Health, to be appointed by that agency. A majority vote of those present, in person or via remote conference connection, is required to approve a request for pesticide application.
(2) The Environmental Review Board shall meet as needed in response to requests for permission to apply chemical pesticides on public property. The body shall elect its Chair, who shall serve as the primary contact for the Board and to whom requests shall be given.
(3) The ERB shall determine what form a request may take and what documentation is required.
(4) The Board may grant permission for the application of pesticides under controlled and limited conditions when the Board determines that such application is necessary for the public health and safety, the control of invasive plants, or the preservation of property, and will not pose a danger to City residents.
(e) Penalty. A violation of this section shall be a minor misdemeanor on the first offense, and a fourth degree misdemeanor on a second or subsequent offense.
(Ord. 22-17. Passed 12-27-17.)
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