The executive and administrative powers of the City shall be vested in the Mayor, directors of departments and other administrative offices provided for in this Charter or by ordinance.
(Effective November 9, 1931)
The Mayor shall be the chief executive officer of the City. Except as otherwise in this Charter provided, he shall be elected for a term of four years, assume office on the first Monday in January next after his election, and serve until his successor is elected and qualified. The Mayor holding office when this amendment is adopted shall continue to hold such office until the day next preceding the first Monday in January of the year 1982 and shall serve until his successor is elected and qualified.
The Mayor shall be an elector of the City and shall not hold any other public office or employment, except that of notary public or member of the State Militia, and shall not be interested in the profits or emoluments of any contract job, work or service for the Municipality.
(Effective November 4, 1980)
The salary of the Mayor shall be fixed by Council in an amount per annum payable in twelve equal monthly installments.
(Effective October 20, 1953)
The Mayor shall have power to appoint and remove directors of all departments and officers and members of commissions not included within regular departments. Officers appointed by the Mayor shall serve until removed by him or until their successors are appointed and have qualified.
(Effective November 9, 1931)
It shall be the duty of the Mayor to act as chief conservator of the peace within the City; to supervise the administration of the affairs of the City; to see that all ordinances of the City are enforced; to recommend to the Council for adoption such measures as he may deem necessary or expedient; to keep the Council advised of the financial condition and future needs of the City; to prepare and submit to the Council such reports as may be required by that body, and to exercise such powers and perform such duties as are conferred or required by this Charter or by the laws of the State.
(Effective November 9, 1931)
The Mayor and the directors of all departments established by the Charter, or that may hereafter be established by ordinance, shall be entitled to seats in the Council. Neither the Mayor nor the director of any department shall have a vote in the Council, but the Mayor shall have the right to introduce ordinances and to take part in the discussion of all matters coming before the Council; and the directors of departments shall be entitled to take part in all discussions in the Council relating to their respective departments. The Council by ordinance or resolution may authorize other City officials to have seats in Council.
(Effective November 9, 1931)
If the office of Mayor is vacant by reason of non-election, death, resignation, removal from office in any way except by recall election, removal of residence from the City, or from any other cause whatsoever, and such vacancy occurs more than one year before the next regular municipal election to be held for the office of Mayor, such vacancy shall be filled by special municipal elections. The aforesaid special municipal elections shall be held on the first Tuesday after sixty days from the day on which the vacancy first occurs, at which time the nonpartisan primary election shall be held, and on the fifth Tuesday following the said nonpartisan primary election, at which time the final special municipal election shall be held, and all the provisions in this Charter contained as to nomination and election of candidates for Mayor at regular municipal elections shall apply to the said special municipal elections. The person so elected as Mayor at the said special municipal elections shall assume the office immediately upon his election and qualification and shall serve until his successor is elected and qualified. During the existence of such vacancy in the office of Mayor, pending the time the said vacancy is filled by special municipal elections, the duties of the office of Mayor shall be discharged by the head of one of the departments provided for in this Charter under the title of Acting Mayor; provided, however, that if the vacancy occurs at a time when special municipal elections are not authorized in this section, then the said head of one of the departments shall succeed to the office of the Mayor and be Mayor until his successor is elected and qualified. In either of the above cases the order of succession as Acting Mayor or as Mayor shall be as follows: Director of Law, Director of Finance and Director of Public Utilities.
If the Mayor, or the person performing the duties of Mayor under the title Acting Mayor be temporarily absent from the City, or becomes temporarily disabled from any cause, his duties shall be performed during such absence or disability by the head of one of the aforesaid departments in the above order, and under the title of Acting Mayor.
(Effective November 4, 1980)
(a) Except as in this Charter otherwise provided or except as otherwise provided by a majority vote of the Council of the City of Cleveland, every temporary or regular officer or employee of the City of Cleveland, including members of all City boards and commissions established by the Charter or the ordinances of Cleveland, whether in the classified or unclassified service of the City of Cleveland, appointed after the effective date of this amendment, shall, at the time of his appointment, or within six months thereafter, be or become a bona fide resident of the City of Cleveland, and shall remain as such during his term of office or while employed by the City of Cleveland.
(b) No person shall, in any way, falsify or misstate verbally or in writing any application, paper, document or form, which relates to his employment with the City, that he is a resident of the City of Cleveland, when in fact he is not a bona fide resident of the City of Cleveland. Any officer or employee of the City of Cleveland who is found to have supplied or furnished such false or misleading information concerning his true residence or who fails to become a resident as herein required, or who, being a resident or having become a resident of the City, subsequently establishes a residence outside of the City, shall, after hearing, according to law, be discharged from service with the City.
(c) A person who is a bona fide resident of the City of Cleveland for at least one year and desires to take an entrance level civil service examination, as determined by the Civil Service Commission, at the time of filing his or her application for examination, shall, if a passing grade is attained, as determined by the civil service bulletin for such examination, have added to his or her raw score ten (10) points.
Notwithstanding anything in this Charter to the contrary, every veteran who has served in the United States Armed Forces for a period of 180 consecutive days, if he has received an honorable discharge or separation or a general discharge under honorable conditions, shall receive an additional five (5) points added to his raw score. The Civil Service Commission may grant additional veterans preference points for servicemen having a service-connected disability not to exceed ten (10) points.
(d) The provisions of this section shall not apply to any officer or employee on the payroll of the City of Cleveland on the effective date of this section.
(Effective November 29, 1982; division (c) amended by the electors November 2, 1999)
The City shall publish weekly a City Record which shall contain the transactions and proceedings of the Council, the legal advertising of the City and such other information relating to the affairs of the City as shall be determined by ordinance. The City Record shall be published, distributed and sold in such manner and on such terms as the Council may determine. No unofficial advertisements shall be published in the City Record.
(Effective November 9, 1931)
There shall be a City Planning Commission composed of seven (7) members. One shall be a member of the Council of the City of Cleveland chosen by each Council to serve during the term of such Council, and six members shall be appointed by the Mayor, with the approval of Council, and may be removed by him. The term of the members, other than Council members, shall be six (6) years, except that of the initial appointments, the terms of two members shall be two (2) years, and the terms of two members shall be four (4) years. Vacancies in the Commission shall be filled in the same manner for the unexpired term. The Chairman of the Commission shall be appointed annually by the Mayor from the members and may be removed as Chairman at his pleasure.
(Effective November 21, 1967)
There shall be a Planning Director who shall be nominated by the Commission and appointed by the Mayor at his discretion. He shall be ex-officio Secretary of the City Planning Commission and shall serve until removed by the Mayor with the concurrence of a majority of the Commission. Upon nomination of the Planning Director the Commission shall appoint as its staff such technical and office personnel and assistants as it may deem necessary within the appropriation made available for such purpose. All such appointments, except the Planning Director and his secretary, shall be made in conformity with the civil service provisions of this Charter. Under the direction of the Commission the Director shall supervise and control the planning staff.
(Effective November 3, 1942)
It shall be the function and duty of the Planning Commission to make and adopt a general plan for the development and improvement of the City, and for any area outside of the City which in the judgment of the Commission bears relation to the planning of the City. No general plan or portions thereof or amendments thereto shall be adopted by the Commission until after a public hearing thereon. So much of the general plan as may be established or from time to time amended by ordinance of Council shall constitute the official map of the City of Cleveland. The Commission shall also make plans and proposals for specific improvements and projects which it deems desirable for the City and its surrounding area and recommend them to the appropriate authority. These plans and proposals shall not become a part of the general plan until adopted as such. The Commission shall have authority to call upon officers and employees of other departments and divisions of the City of Cleveland for assistance in City planning. On or before the 1st day of June in each year the Commission shall recommend to the Mayor a capital improvement budget for the following year and a comprehensive five-year capital improvement program. It shall be the duty of the Commission to take the initiative in planning for the City and surrounding area and it shall have full power to publish and distribute at public expense copies of plans or reports and to promote public interest in and understanding of general plans and of other recommendations or proposals. It shall have authority to make such investigations, maps and studies relating to the planning of the community as it may deem desirable. The Planning Commission may recommend to the appropriate public authorities or private agencies programs for the development and improvement of the community, for the enactment of legislation pertaining thereto, for the building of public structures and improvements and for the financing thereof. The Commission may enter into agreement with other governmental or private agencies necessary or desirable for carrying forward any of its purposes subject to the approval of Council.
(Effective November 3, 1942)
All ordinances or resolutions of Council, or acts or orders of any administrative official or agency of the City of Cleveland which affect the City plan or concern the plan, design, character, extent, location or use of any public improvement or public property or change thereof, or concern zoning or other regulations affecting or controlling the use or development of land or otherwise come within the functions of the Planning Commission as set forth in Section 76-1, before adoption and before they shall become legal or binding upon the City, shall be submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by the Planning Commission within thirty (30) days from the date of referral, unless a longer time be allowed by Council. If the Commission shall fail to act within the time aforesaid, it shall be deemed to have approved such matter. Any provision of any ordinance, resolution or order disapproved by formal action of the Planning Commission shall require a two-thirds vote of all the members of Council for adoption of authorization. If any plan, design, or other proposal concerns the character, extent, location or use of any public improvement or public property or change thereof within the territorial limits of the City of Cleveland but does not under the law or Charter provision governing the same fall within the province of the Council or other official agency of the City of Cleveland, then the submission to the Planning Commission shall be by the State, County, district, school, township or other official, board, commission or body having jurisdiction over such public improvement or property, in accordance with the provisions of the general law of the State of Ohio; and the City Planning Commission's disapproval may be overruled not earlier than one week after communicating to the Commission the reasons therefor, by such official, or by such board, commission or body by a vote of not less than two-thirds of its membership.
(Effective November 3, 1942)
There shall be a Co-ordinating Board composed of the Mayor, the directors of the various City departments and representatives of such other public agencies as the Commission shall invite, and an Advisory Committee appointed by the Mayor on the recommendation of the Commission, which shall advise with the Commission on matters pertaining to the planning and development of the community.
(Effective November 3, 1942)
The Council shall by ordinance provide regulations and restrictions governing the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the density of population, the size of yards, courts and open spaces, and the location and use of buildings, structures and land for trade, industry, residence and other purposes, and such other matters pertinent thereto as may be competent for this Charter to authorize.
(Effective November 3, 1942)
Within 30 days after this section becomes effective, there shall be established a Board of Zoning Appeals which shall be constituted and shall have jurisdiction as hereinafter provided. The members of the then existing Board of Appeals shall remain in office as the Board of Zoning Appeals for the terms for which such members were appointed, subject to the terms and conditions as to tenure of office set forth in the Charter at the time of their appointment, and shall retain jurisdiction of and dispose of all matters then pending before the Board of Appeals.
Within 30 days after this section becomes effective, there shall be established a Board of Building Standards and Building Appeals which shall be constituted and shall have jurisdiction as hereinafter provided.
(a) Board of Zoning Appeals. There shall be a Board of Zoning Appeals composed of five (5) members appointed by the Mayor. The members of the Board shall be appointed for a term of five years each. The Mayor may remove any member for cause and vacancies shall be filled in the same manner for the unexpired term. The Chairman of the Board shall be appointed annually by the Mayor. Members of the Board shall receive such compensation as is fixed by Council.
Separate provision shall be made in the budget for the expenditures of the Board and such expenditures shall not be included within the budget provided for the Planning Commission. The planning staff shall furnish the necessary technical advice and services required by the Board.
(b) Jurisdiction of Board of Zoning Appeals. It shall be the duty of the Board of Zoning Appeals to hear and decide appeals made for exceptions to and variations in the application of ordinances governing zoning in the City of Cleveland in conformity with the purpose and intent thereof, and to hear and decide all appeals made for exceptions to and variations in the application of ordinances, or orders or regulations of administrative officials or agencies; except such as are within the jurisdiction of the Board of Building Standards and Building Appeals.
(c) Board of Building Standards and Building Appeals. There shall be a Board of Building Standards and Building Appeals which shall consist of five (5) members to be appointed by the Mayor for original terms of one, two, three, four, and five years respectively, and thereafter for terms of five years each. One of the members shall be a registered architect who shall have had at least ten years' experience as an architect; one shall be a registered professional engineer who shall have had at least ten years' experience as an engineer engaged in the design of structural work in buildings; one shall be a registered professional engineer who shall have had at least ten years' experience as an engineer engaged in the design of mechanical equipment for buildings; one shall be a builder who shall have had at least ten years' experience in the construction, erection and alteration of buildings; and one shall be a member of organized labor representing the building trades who shall have had at least ten years' experience in the supervision of the construction, erection and alteration of buildings. Each year the Mayor shall designate one of the members of the Board as Chairman of the Board for the calendar year.
Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made.
Each member shall receive compensation for each day of services performed in the amount set by the Council and based upon the accepted rate prevailing at the time of appointment, which compensation per diem shall not be reduced or increased during the term of appointment. Members shall attend the hearings and executive sessions of the Board, and shall perform such other duties as may be required by the Chairman; provided that an alternate may serve in place of a member, as hereinafter set forth.
There shall be an alternate for each member of the Board appointed in the manner prescribed for members; such alternate may serve in place of the member of corresponding qualifications whenever such member is unable to act or is self-disqualified because of personal interest, and shall then have all the powers of such member and shall receive compensation for services in the same manner as provided for such member.
Separate provisions shall be made in the budget for the expenditures of the Board and such expenditures shall not be included in the budget for any other City department or agency.
The Board shall be provided with office space and all necessary office equipment, and a hearing room, and such technical, clerical or stenographic assistance as will be required for the proper performance of its duties.
Any member and any alternate may be removed by the Mayor on proof of official misconduct, or of negligence in official duties, or of conduct in any manner connected with his official duties which tends to discredit his office, or of mental or physical disability to perform his duties; but before removal he shall receive a copy of the charges, and shall be entitled to a hearing before the Mayor in person or by counsel, and the action of the Mayor shall be final.
(d) Jurisdiction of the Board of Building Standards and Building Appeals. The Board of Building Standards and Building Appeals shall have the power:
To approve or disapprove materials, types of construction, appliances, devices or appurtenances proposed for use pursuant to the Building Code of the City of Cleveland.
To make, amend, and repeal rules and regulations for carrying into effect all provisions of the Building Code other than those relating to zoning and to include in such rules and regulations provisions applying to specific conditions and prescribing means and methods of practice to effectuate such provisions.
To hear and decide appeals from, and to review upon motion of any member of the Board, any order, requirement, decision or determination of the Commissioner of Building and Housing, or of any other administrative official or agency of the City, relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition, of any building or other structure, or any appurtenance connected or attached to such buildings or structures, regulated by the Building Code of the City of Cleveland, and any rule or regulation or amendment or repeals thereof made by said officials or agencies under the authority conferred upon them by the Building Code of the City of Cleveland, by reversing or affirming in whole or in part, or modifying such order, requirement, decision or determination, or rule, regulation, amendment or repeals thereof as in its opinion ought to be made in the premises, and to that end shall have the power of the officer or agency relative to whose ruling the action is taken; except that matters relating to zoning shall not come within the province or jurisdiction of this Board. In taking such action, the Board of Building Standards and Building Appeals may vary or modify the application of any provision of the Building Code except provisions relating to zoning, to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, impose unnecessary hardship, or would be contrary to the intent and purpose of the Building Code, or public interest.
To review, upon the motion of any member of the Board, any rule, regulation or decision of the Board; but no such review shall prejudice the rights of any person who has in good faith acted thereon before it is reversed or modified.
To exercise with respect to buildings situated in the City of Cleveland the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board.
To formulate and submit to the City Council, changes in and amendments to the Building Code which the Board determines as desirable for the proper regulation of buildings and structures and the equipment thereof and appurtenances thereto in the City of Cleveland.
To establish rules and regulations for its own procedure not inconsistent with this section.
(Effective November 21, 1967)
The Council may create a Port and Harbor Commission with such powers, functions and duties with regard to the development and administration of a harbor of the City of Cleveland, and warehouse and transportation facilities in connection therewith, not inconsistent with the powers, functions and duties vested in the City Planning Commission, as the Council may from time to time, by ordinance prescribe.
(Effective November 3, 1942)
The administration and control of the activities in and about the harbor and airplane landing fields of the City of Cleveland shall be vested in the Department of Port Control unless and to the extent that such facilities are conveyed to, or otherwise made available for use by, a port authority originally created jointly by the City and the County of Cuyahoga under authority of the laws of Ohio. No such facilities shall be conveyed to, or otherwise made available for use by, such a port authority except upon such terms and conditions as shall be approved by ordinance of the Council, including such consideration as the Council shall determine therein to be adequate. The Council shall have the authority to abolish the Department of Port Control and the office of the Director of Port Control as and when and for so long as all of the functions and duties of such Department and office are assumed and discharged by such port authority.
Subject to the foregoing provisions of this section, the Director of Port Control, through the appropriate divisions of the Department of Port Control, shall have charge of the administration and control of the harbor of the City of Cleveland and the docks, wharves, warehouse and transportation facilities in connection therewith, and of the management of the Municipally owned airport facilities of the City of Cleveland; and he shall perform such other duties consistent therewith as Council by ordinance may require.
(Effective June 3, 1968)