CROSS REFERENCES

Duty to keep streets in repair and free from nuisance, Charter § 173

Power to establish and care for streets, RC 715.19

Power to regulate building numbering, RC 715.26

Collection and disposal of garbage, RC 715.43

Powers of municipal corporations, RC 717.01

Legislative authority to have care, supervision and control of streets, RC 723.01

Contracts, RC 733.22, 735.05 et seq.

General duties and records, RC 735.02

Street Commissioner, RC 735.31 et seq.

Director to examine and recommend plats, CO 307.04

131.01     Establishment; Appointing Powers of Director

There is hereby established a Department of Public Service to be controlled and administered by a Director of Public Service, subject to the provisions of the Charter and ordinances of the City, and to the direction of the Mayor. The Director may appoint and employ a Deputy Director of Public Service, a secretary who may be in the unclassified service and such other officers and employees as may be necessary for the operation of his office and the several divisions and activities comprising the Department, except officers and employees appointed by commissioners of the several divisions in accordance with the provisions of Charter Section 79.
(Ord. No. 63410-A. Passed 9-22-24)

131.02     Duties of the Director of Public Service

The Director of Public Service either directly or through the appropriate divisions established in the Department of Public Service, shall manage and supervise all public improvements, works and undertakings of the City except as otherwise provided by the Charter and ordinances of the City. He shall have charge of the planning, construction, improvement, repair and maintenance of streets, boulevards, sidewalks, alleys, lanes and other public highways; of the planning, construction, improvement, repair and maintenance and the operation of bridges and viaducts; of drains, ditches, culverts; of the construction of all public buildings, except those pertaining to the Department of Public Utilities. He shall approve all planning and construction of sewers. He shall have charge of the making and preservation of all surveys, maps, plans, drawings and estimates for such public work; the cleaning and sprinkling of streets, boulevards and public places; the collection and disposal of waste; the preservation of tools, equipment and other property belonging to the City and pertaining to the Department of Public Service; the granting of permits for the use of encroachment upon the public highways in the City as may be provided for by ordinance. The Director of Public Service and his designees, which shall include only supervisory or higher ranking officials in the Department of Public Service, when commissioned by the Director of Public Safety as special police, may enforce minor misdemeanor offenses related to solid waste collection and disposal through the issuance of citations in accordance with Rule 4.1 of the Rules of Criminal Procedure. He shall further perform all other duties pertaining to the Department which may be required of him by ordinance or by the Mayor.
(Ord. No. 617-97. Passed 6-9-97, eff. 6-18-97)

131.021     Downtown Parking Lot Landscaping Encroachment Permits

The Director of Public Service is authorized to issue a permit, revocable at the will of Council, and assignable by the permittee with consent of the Director of Public Service, to an operator of a parking lot within any of the following-listed downtown block faces, to construct, maintain, and use fencing and landscaping providing the visual screen and vehicular barrier required by Section 457.07 of the Codified Ordinances, which will encroach into the public right-of-way:

(a) Any fencing or landscaping placed within the public right-of-way as aforesaid, shall be constructed in accordance with plans and specifications approved by both the Commissioner of Engineering and Construction and the City Planning Commission, each to the extent of its respective jurisdiction under other sections of the Codified Ordinances.

(b) Each permit authorized by this section shall be prepared by the Director of Law, shall require the permittee to pay any taxes, assessments or other costs resulting from the construction, maintenance, and use authorized by the permit, and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any loss, including taxes, assessments, and other costs, resulting from the encroachment permitted.

(c) A permit authorized by this section shall be issued only in accordance with the provisions of division (c) of Section 457.07 regarding actions necessary to avoid a loss of existing parking spaces.
(Ord. No. 313-92. Passed 12-7-92, eff. 12-15-92)

131.03     Director to Hire Truck Owner Drivers

It is hereby determined that it is not feasible to procure the proper type of truck and driver by the ordinary processes of competitive bidding because of the qualifications of the drivers and the variance in types of trucks available, and it is in the public interest to secure owner drivers because of the advantage to the City from such operation. Therefore, the Director of Public Service is authorized to employ owner drivers with trucks as he or she deems necessary, at not to exceed the following rates for the services of the owner driver and the truck:

131.04     Street Cleaning

The Director of Public Service shall initiate a program to provide for the cleaning of streets in the City once each thirty days between March 1 and October 31 of each year. In cooperation with the Director of Public Safety, the Director of Public Service, notwithstanding any other provision in these Codified Ordinances, shall cause to be erected temporary signs notifying the operators of vehicles twelve hours in advance that parking on the streets upon which the same are erected shall be prohibited during the necessary time required for the cleaning of such streets.
(Ord. No. 425-43. Passed 4-30-45)

131.05     Division of Engineering and Construction; City Engineer

There is hereby established a Division of Engineering and Construction in the Department of Public Service, which shall be administered and controlled by the Commissioner of Engineering and Construction, or by the consulting engineer of the City who may also be designated Commissioner as the Board of Control may by resolution determine, subject to the provisions of the Charter and ordinances of the City and the direction of the Director of Public Service. Whenever "Chief Engineer" or "City Engineer" is used in any ordinance or resolution of the City, such term means the Commissioner of Engineering and Construction.
(Ord. No. 97148. Passed 3-21-32)

131.06     Duties of Commissioner of Engineering and Construction

The Commissioner of Engineering and Construction shall prepare or cause to be prepared all surveys, maps, plats, plans, drawings, estimates and engineering specifications necessary for public improvements, works and undertakings under the charge of the Department of Public Service other than buildings, and render similar service to other departments of the City government upon requisition from such departments, approved by the Director of Public Service. He shall have charge of making the City boundaries where the same shall be necessary; the numbering of lots and houses; the construction, maintenance and repair of sidewalks; the planning, construction, improvement, repair and maintenance and operation of bridges and viaducts; the construction and repair of sewers pertaining to streets and freeways, subject to the approval of the Director of Public Utilities; and the supervision and inspection of construction of sewers. He shall further perform all duties required of him by ordinance or by the Director of Public Service. He is hereby designated the Platting Commissioner of the City as the same is provided for in Charter Section 171.
(Ord. No. 2111-A-69. Passed 3-9-70, eff. 3-11-70)

131.061     Agreements with Cuyahoga County for Annual Bridge Inspections

The Director of Public Service is authorized to enter into successive agreements, each for a term not to exceed one year, with the Board of County Commissioners, County of Cuyahoga, for the County to perform annual bridge inspections in the City of Cleveland. The cost of the contract for each year shall be subject to annual appropriation.
(Ord. No. 7-06, § 2. Passed 3-20-06, eff. 3-24-06)

131.07     Division of Architecture

There is hereby established a Division of Architecture in the Department of Public Service of the City, which shall be administered and controlled by a commissioner to be known as the Commissioner of Architecture, subject to the provisions of the Charter and ordinances of the City, and to the direction of the Director of Public Service.
(Ord. No. 101789-A. Passed 10-1-34)

131.08     Duties of Commissioner of Architecture

The Commissioner of Architecture shall design and prepare or cause to be designed and prepared drawings, plans, estimates and architectural specifications for all buildings under the charge of the Department of Public Service, and render similar service to the Mayor and to the other departments of the City upon written request from the director of the department desiring the same and bearing the written approval of the Director of Public Service.
(Ord. No. 101789-A. Passed 10-1-34)

131.09     Carrying Capacity of Bridges

(a) The Commissioner of Engineering and Construction may ascertain the carrying capacity of every City bridge, and when such carrying capacity of any such City bridge is ascertained, warning notice thereof shall be conspicuously painted in large letters at each end of such bridge. Notice shall also caution all persons against driving thereon a loaded conveyance of greater weight than the carrying capacity thereof.

(b) No person shall disregard such caution and drive on such bridge a loaded conveyance of greater weight than the carrying capacity of such bridge.
(Ord. No. 107152. Passed 2-14-38)

131.10     Consulting Engineer

There is hereby established in the Department of Public Service the Office of Consulting Engineer. The Consulting Engineer shall be appointed by the Director of Public Service and shall be immediately responsible to the Director. He shall have such special engineering matters, investigations and reports referred to him as may be directed by or through the office of the Director. He shall conduct the engineering investigation and preliminary planning upon such projects as may be referred to him, and his services shall be made available for consultation in engineering matters such as river and harbor improvement, sewage treatment, street extensions, City planning, grade crossing eliminations and kindred projects arising in the Department, and may render similar service to the Mayor and other departments upon written request from the director of the department desiring the same and bearing the written approval of the Director.
(Ord. No. 153-39. Passed 3-13-39)

131.11     Division of Streets

There is hereby established a Division of Streets in the Department of Public Service, which shall be administered and controlled by a commissioner to be known as the Commissioner of Streets, subject to the provisions of the Charter and ordinances of the City, and to the direction of the Director of Public Service.
(Ord. No. 63410-A. Passed 9-22-24)

131.12     Duties of Commissioner of Streets

The Commissioner of Streets shall supervise the work of other officers and employees in the Division of Streets; see that the streets and boulevards belonging to the City are kept clean and passable; repair and maintain all pavements and roadways in the streets and boulevards belonging to the City; clean gutters; preserve and care for all equipment, apparatus, supplies and other property of the City used in the operation of the Division; keep such records pertaining to the work of the Division as may be specifically required by ordinance or rule, or as may be necessary or useful in the efficient management of the Division.
(Ord. No. 802-69. Passed 5-19-69, eff. 5-21-69) (Board of Control Res. No. 365-69. Adopted 5-28-69)

131.13     Division of Motor Vehicle Maintenance; Duties of Commissioner

(a) There is hereby established in the Department of Public Service a Division of Motor Vehicle Maintenance, to be administered and controlled by a commissioner, who shall be known as the Commissioner of Motor Vehicle Maintenance, subject to the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Service.

(b) The Commissioner shall control and supervise the procurement, custody, maintenance, repair and assignment for use of all motorized equipment of the Department, and render similar service to all other departments of the City government upon order of the Mayor or the written request of the director of such department. He shall advise and recommend the purchase of motorized equipment and assist the Commissioner of Purchases and Supplies in the purchase thereof. He shall keep all motorized equipment of the Department and of such other departments as ordered or requested under his custody and shall make such equipment available to the proper City employee under such rules and regulations as shall be established by the Board of Control, except that all motorized equipment of the Department of Public Utilities shall be subject to such rules and regulations as may be established by the Director of Public Utilities with the approval of the Mayor. He shall perform such further duties as may from time to time be required of him by ordinance or by the Director of Public Service.
(Ord. No. 90-43. Passed 4-19-43)

131.14     Division of Waste Collection and Disposal

There is hereby established in the Department of Public Service, a Division of Waste Collection and Disposal, which shall be administered and controlled by a Commissioner of Waste Collection and Disposal, subject to the provisions of the Charter and ordinances of the City, and to the direction of the Director of Public Service.
(Ord. No. 802-69. Passed 5-19-69, eff. 5-21-69) (Board of Control Res. No. 365-69. Adopted 5-28-69)

131.15     Duties of Commissioner of Waste Collection and Disposal

The Commissioner of Waste Collection and Disposal shall supervise the work of other officers and employees in the Division of Waste Collection and Disposal; collect and dispose of waste and refuse as defined in Section 551.01 of the Codified Ordinances; provide for the collection of street and public waste from public receptacles; keep such records pertaining to the Division as may be necessary or useful in the efficient management of the Division.
(Ord. No. 802-69. Passed 5-19-69, eff. 5-21-69)

131.151     Division of Traffic Engineering

There is hereby established in the Department of Public Service, a Division of Traffic Engineering to be administered and controlled by a Commissioner of Traffic Engineering, subject to the provisions of the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Service.
(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01) (Board of Control Res. No. 223-01. Adopted 4-4-01)

131.152     Duties of Commissioner of Traffic Engineering

The Commissioner of Traffic Engineering shall administer and supervise the affairs of the Division of Traffic Engineering and prepare drawings, standards and specifications; determine parking restrictions; set up time-space progressive movement signal charts; lay out parking restriction zones including, but not limited to, establishing parking meter zones on streets or parts thereof where parking meters shall be installed; lay out roadway markings; check plans for street changes, permits and all matters bearing on traffic safety; receive complaints and suggestions; make personal observations of traffic confusion and hazards; make factual studies from spot maps, collision and condition diagrams; make vehicle studies, speed studies, pedestrian studies, obedience checks, special observations, and parking studies; prepare and disseminate accident statistics; watch accident records, spot maps and high accident area lists; cooperate with safety organizations; submit detailed recommendations; prepare detailed plans and specifications; prepare publicly for proposed changes; follow through to see that recommendations are carried out; and make rechecks after changes have been made. The Commissioner of Traffic Engineering shall perform such other and further duties as Council or the Mayor from time to time require of him.
(Ord. No. 1806-2000. Passed 3-19-01, eff. 3-26-01) (Board of Control Res. No, 223-01. Adopted 4-4-01)

131.16     Clothing Allowance Payment

The Director of Public Service is hereby authorized to cause payment of a clothing allowance of Three Hundred Dollars ($300.00) for the year 1986 to all employees in the following classifications in the Department of Public Service:

Cold Patch and Crack Sealing Worker Mechanical Handyman

Municipal Service Laborer

Street Sweeper - Waste Collector

Tire Shredder

Waste Collector

Waste Collector Transfer Station Attendant
(Ord. No. 891-86. Passed 5-23-86, eff. 5-28-86)

131.17     Shop Supplies and Equipment, Vehicle Maintenance Materials, Equipment, Services, and Supplies

(a) The Director of Public Service is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for vehicle maintenance materials, equipment, services, and supplies that the Director of Public Service considers necessary to the operation of the Division of Motor Vehicle Maintenance, including but not limited to: shop supplies and shop equipment, vehicle parts and equipment, lubricants, fluids, tires, tubes, tire recapping, vehicle and equipment batteries, remanufactured power trains or sections, generators, generator parts, and labor, materials, and installation, if necessary, to repair or maintain existing equipment. Any purchase made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.

(b) Under Section 108(b) of the Charter, the purchases authorized by this section may be made through cooperative agreements using state procedures. The Director of Public Service may sign all documents with the State of Ohio or any of its political subdivisions that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
(Ord. No. 686-07. Passed 6-11-07, eff. 6-15-07)

131.18     Fuel, Fuel Dispensing Equipment, and Storage Tank Removal

(a) The Director of Public Service is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for fuel and fuel dispensing and storage equipment that the Director of Public Service considers necessary to the operation of the Division of Motor Vehicle Maintenance, including but not limited to: fuel, fuel dispensing equipment, fuel dispensing pumps and systems necessary for fuel operations, fuel tankers, hydraulic lifts, oil and grease dispensing equipment, stationary air compressors, and for emergency clean-up and replacement of leaking underground and above-ground storage tanks and systems, and labor, materials, and installation, if necessary, to repair or maintain existing equipment. Any purchase made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.

(b) Under Section 108(b) of the Charter, the purchases authorized by this section may be made through cooperative agreements using state procedures. The Director of Public Service may sign all documents with the State of Ohio or any of its political subdivisions that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
(Ord. No. 686-07. Passed 6-11-07, eff. 6-15-07)

131.19     Software and Hardware, including Upgrades, Technical Support, and Maintenance, and Repair Agreements for the Fleet Management Information System and the Automated Fuel Dispensing System

(a) The Director of Public Service is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for software, hardware, upgrades, technical support, maintenance, and repair for the Fleet Management Information System and the Automated Fuel Dispensing System that the Director of Public Service considers necessary to the operation of the Division of Motor Vehicle Maintenance.

(b) The Director of Public Service is authorized to acquire by contract or contracts with one or more software developers or vendors or one or more firms of software developers or vendors, the software licenses, upgrades, technical support, and maintenance necessary for the Fleet Management Information System and the Automated Fuel Dispensing System.

The selection of the computer software developers or vendors shall be made by the Board of Control on the nomination of the Director of Public Service from a list of qualified persons or firms available for employment as may be determined after a full and complete canvass by the Director of Public Service for the purpose of compiling a list. The compensation to be paid for the licenses shall be fixed by the Board of Control. Each contract shall be prepared by the Director of Law, certified by the Director of Finance, approved by the Director of Public Service.

(c) The Director of Public Service is authorized to execute, in connection with a purchase of computer hardware under this section, one or more license agreements for software required for use of that hardware, directly with a firm or firms other than the hardware vendor.

(d) Any purchase made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.

(e) Under Section 108(b) of the Charter, the acquisitions authorized by this section may be made through cooperative agreements using state procedures. The Director of Public Service may sign all documents with the State of Ohio or any of its political subdivisions that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
(Ord. No. 686-07. Passed 6-11-07, eff. 6-15-07)

131.99     Penalty

Whoever violates Section 131.09 shall be fined not more than one hundred dollars ($100.00). In addition thereto, the City may recover from such person all damages resulting from the injury to such bridge.
(Ord. No. 107152. Passed 2-14-38)