CROSS REFERENCES
City authorized to sell, lease, or hold property, Charter § 1
Annexation authority and regulations, RC 709.01 et seq.
Records of property acquired other than by purchase or lease, CO 133.03
No real estate shall be purchased or leased by or for the City, except in pursuance of an ordinance passed by a majority vote of all members of Council. The ordinance shall contain the following:
(a) The purpose for which the real estate to be purchased or leased is to be used;
(b) A description of the real estate to be purchased or leased;
(c) The price or rental to be paid for the real estate;
(d) The fund from which the purchase price or rental is to be paid;
(e) The kind of conveyance or lease to be accepted by the City.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
No real estate belonging to the City shall be sold or leased unless so directed by the Board of Control and except pursuant to an ordinance setting forth the following:
(a) A description of the real estate to be sold or leased;
(b) A finding that the real estate is not needed for public use;
(c) The reason for selling or leasing the real estate;
(d) In case of lakefront lands, a finding that the sale or lease of the real estate is in conformity with the provisions of Charter Section 45;
(e) The kind of conveyance or lease to be given by the City.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
(a) Residential Land Bank.
(1) The Director of Community Development shall administer a Land Reutilization Program for residential property established under Chapter 5722 of the Revised Code and adopted and implemented by Ordinance 2076-76, passed October 25, 1976, and shall perform the duties specified in Chapter 5722.06 of the Revised Code. Land acquired as part of the Land Reutilization Program for residential property may be referred to as Residential Land Bank property. If Residential Land Bank property is sold, it shall be sold according to the terms of Chapter 5722 of the Revised Code, without competitive bidding, for not less than fair market value, with reference to such terms and conditions, restrictions and covenants to assure the effective reutilization of the land, as the Board of Control shall authorize, and the land shall be conveyed notwithstanding any other provisions of the Codified Ordinances to the contrary.
(2) If a member of Council disapproves in writing to the use of the process described in division (a)(3) for selling property in the Residential Land Bank in his or her ward and files written disapproval in File No. 1547-90-A, then that process shall not be used for the selling of the property in his or her ward.
(3) The Commissioner of Purchases and Supplies when directed by the Director of Community Development with the prior consent of the member or members of Council in whose ward or wards the land to be sold is located, is authorized to sell any land in the Residential Land Bank to an abutting or adjacent landowner if the land is either less than forty-eight hundred (4,800) square feet or less than forty (40) feet of street frontage and if the landowner purchasing the land is neither tax delinquent or has any existing Building or Housing Code violations. The consideration for any land sold under the authority of this division shall be fixed by the Board of Control in accordance with division (a)(1) of this section. Each instrument of conveyance shall contain provisions and use restrictions as Council deems necessary or appropriate to protect the interests of the neighborhood and the City.
(4) Any land in the Residential Land Bank that is not authorized to be sold by the Director of Community Development in accordance with division (a)(3) of this section shall only be sold when authorized by ordinance passed by the Council.
(5) Before the acquisition of any residential property with multiple parcels into the Residential Land Bank, the Director of Community Development shall conduct all appropriate inquiries in accordance with rules adopted by the United States Environmental Protection Agency under the requirements of the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118, 115 stat. 2356).
(b) Industrial-Commercial Land Bank.
(1) The Director of Economic Development shall administer a Land Reutilization Program for industrial and commercial property established under Chapter 5722 of the Revised Code and adopted and implemented by Ordinance 2076-76, passed October 25, 1976, and shall perform the duties specified in Chapter 5722.06 of the Revised Code. Land acquired as part of the Land Reutilization Program for industrial and commercial property may be referred to as Industrial-Commercial Land Bank property. If Industrial-Commercial Land Bank property is sold, it shall be sold according to the terms of Chapter 5722 of the Revised Code, without competitive bidding, for not less than fair market value, with reference to such terms and conditions, restrictions and covenants to assure the effective reutilization of the land, as the Board of Control shall authorize, and the land shall be conveyed notwithstanding any other provisions of the Codified Ordinances to the contrary.
(2) If a member of Council disapproves in writing to the use of the process described in division (b)(3) for selling property in the Industrial-Commercial Land Bank in his or her ward and files written disapproval in File No. 1547-90-A, then that process shall not be used for the selling of the property in his or her ward.
(3) The Commissioner of Purchases and Supplies when directed by the Director of Economic Development with the prior consent of the member or members of Council in whose ward or wards the land to be sold is located, is authorized to sell any land in the Industrial-Commercial Land Bank to an abutting or adjacent landowner if the land is either less than forty-eight hundred (4,800) square feet or less than forty (40) feet of street frontage and if the landowner purchasing the land is neither tax delinquent or has any existing Building or Housing Code violations. The consideration for any land sold under the authority of this division shall be fixed by the Board of Control in accordance with division (b)(1) of this section. Each instrument of conveyance shall contain provisions and use restrictions as Council deems necessary or appropriate to protect the interests of the neighborhood and the City.
(4) Any land in the Industrial-Commercial Land Bank that is not authorized to be sold by the Director of Economic Development in accordance with division (b)(3) of this section shall only be sold when authorized by ordinance passed by the Council.
(5) The Director of Economic Development is authorized to deposit the proceeds from the sale of any industrial or commercial property from the Industrial-Commercial Land Bank into Special Revenue Fund No. 17 SF 965. This fund shall be used for costs associated with acquisition and disposition of industrial and commercial property as part of this Land Reutilization Program. Further, funds received by the City of Cleveland as a result of direct insurance claim settlements, cost recovery efforts initiated by the Land Reutilization Program for industrial and commercial property, demolition or remediation actions as a result of the Program, and grants, donations or any other sources pledged to the Program shall be deposited in Special Revenue Fund No. 17 SF 965.
(6) The Director of Economic Development is authorized to execute on behalf of the City of Cleveland all necessary documents to employ and pay all fees for title companies, surveys, escrows, appraisers, environmental insurance, environmental investigations, remediation, and all other costs necessary for the acquisition and disposition of the property. That the costs of these contracts shall be paid from Fund 17 SF 965 and from any other funds or subfunds which are appropriated for this use.
(7) Before the acquisition of any industrial or commercial property into the Industrial-Commercial Land Bank, the Director of Economic Development shall conduct all appropriate inquiries in accordance with rules adopted by the United States Environmental Protection Agency under the requirements of the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. No. 107-118, 115 stat. 2356).
(Ord. No. 458-08. Passed 4-28-08, eff. 5-2-08)
To enhance the effectiveness of the Land Reutilization Program, the Directors of Community Development and Economic Development are authorized to accept, as gifts, real property which shall be held, administered and disposed of in the same manner as are lands acquired under Chapter 5722 of the Revised Code.
(Ord. No. 717-05. Passed 7-13-05, eff. 7-20-05)
(a) When the City acquires real property in the vicinity of Cleveland Hopkins International Airport for runway expansion, clear or approach zone, or other similar airport purposes and, containing habitable residential structures which there is no requirement, reason or authority to demolish, the Director of Port Control may lease such land and structures, subject to all applicable laws and regulations of the United States of America, the State of Ohio, and the City, for such term as the Director may determine and terminable at will by the Director upon sixty (60) days' written notice to the lessee.
(b) A lease authorized hereby shall require the lessee to pay a monthly rent no less than four-tenths of one percent (.4%) of the property acquisition cost, to maintain tenant liability insurance coverage naming the City as an additional insured, with limits and insurer satisfactory to the Director, and to perform all repairs and maintenance on the structure which the Director previously approves in writing as necessary and appropriate. This shall entitle lessee, upon approval of documentation satisfactory to the Director, to reimbursement of major repair costs by a deduction from the monthly rent.
(Ord. No. 2280-82. Passed 5-6-83, eff. 5-10-83)
(a) That notwithstanding and as an exception to the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized to acquire certain properties owned by the Department of Housing and Urban Development (“HUD”) and Fannie Mae, each for a price determined as Fair Market Value, as part of the Land Reutilization Program.
(b) That HUD and Fannie Mae properties with a fair market value of less than $20,000 shall be acquired by the City at a cost of $100.00 each; properties with a fair market value higher than $20,000 shall be acquired by the City at 50% below HUD or Fannie Mae-established valuation;
(c) That the Commissioner of Purchases and Supplies, when directed by the Director of Community Development, and with the prior written consent of the member or members of Council in whose ward or ward the property to be sold is located, is authorized to convey these properties or to assign the City of Cleveland's rights under purchase agreements for these properties with HUD or Fannie Mae to purchasers for the public purpose of rehabilitation and/or redevelopment.
(d) That the Director of Community Development is authorized to enter into and execute project agreements on behalf of the City of Cleveland with purchasers for the redevelopment and/or rehabilitation of said properties.
(e) That the consideration for the properties to be sold shall be established by the Board of Control and shall not be sold for less than Fair Market Value taking into account such terms and conditions, restrictions and covenants as are deemed necessary or appropriate.
(f) That the Director of Community Development is authorized to execute on behalf of the City of Cleveland all necessary documents to acquire and to convey the properties and to employ and pay all fees for title companies, surveys, escrows, appraisers, environmental audits, and all other costs necessary for the acquisition and sale of the properties.
(g) That all costs of acquisition of properties shall be paid from funds appropriated for this purpose.
(h) That the conveyances shall be made by official deeds prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deeds shall contain such provisions as may be necessary to protect and benefit the public interest including such restrictive covenants and reversionary interests as may be specified by the Board of Control, the Director of Community Development or the Director of Law.
(Ord. No. 52-09. Passed 2-2-09, eff. 2-5-09)
When real estate of the City is to be leased for the purpose of carrying forward any project or undertaking which the City is authorized to engage in, the real estate shall be leased by way of concession. The lease by way of concession shall recite the obligations of the lessee relating to the carrying forward of the public purpose for which the real estate is so leased, including the terms, conditions and requirements set forth in the proposed lease by way of concession as authorized and approved by ordinance of Council. No lease by way of concession shall be made for a period in excess of twenty-five years subject to an option in the lease for one renewal for a like period of twenty-five years.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
An agreement granting the privilege of vending commodities or rendering services to the public upon or within parks, public grounds, recreational and other publicly owned facilities of the City tending to enhance the enjoyment of such facilities and to promote the convenience and comfort of the public thereon may be made for a period not exceeding sixty (60) days by the director of the department involved when so authorized by the Board of Control. In no event shall the agreement be permitted to be extended or held over beyond sixty (60) days.
A concession agreement shall not be construed as the conveyance of any right, title or interest in public property but merely as the grant of the privilege, permit and license to purvey the enumerated concession commodities or service therein and thereon.
(Ord. No. 935-2000. Passed 7-17-00, eff. 7-25-00)
Notwithstanding and as an exception to Section 183.04, the Director of Port Control shall not make an agreement for the operation of any concession at Cleveland Hopkins International Airport unless such concession agreement is first authorized by ordinance of Council.
(Ord. No. 3049-78. Passed 12-22-78 over Mayor's veto, eff. 12-23-78)
Notwithstanding and as an exception to Sections 183.04 and 183.041, the Director of Port Control may enter into a permit agreement with any scheduled airline which has leased space at Cleveland Hopkins International Airport for operation of a private hospitality club, granting to such airline permission to sell alcoholic beverages within the permit premises to club members and their guests, provided such airline has otherwise obtained all authority necessary to sell such beverages under the laws of Ohio. No permit agreement shall be made for a term expiring later than January 1, 2005.
A permittee shall pay a fee equal to nineteen percent (19%) of the gross revenues derived from the sale of alcoholic beverages within the permit premises and shall have no right to assign, subcontract or otherwise transfer the permit agreement or any rights or interest thereunder.
(Ord. No. 2098-98. Passed 12-14-98, eff. 12-24-98)
Notwithstanding and as an exception to Section 183.04, the Director of Parks, Recreation and Properties may enter into a permit agreement with an advisory committee of a City recreation center for the installation of food and beverage vending machines and for the preparation of food or beverages for sale at the City recreation center, provided all gross receipts derived from such sale of food or beverages shall be used solely for defraying the operating expenses of the City recreation center. The sale of food and beverages and their preparation by a permittee under this section shall be at no cost to the City.
The permittee shall pay all taxes and license fees applicable to any period during the term of the permit agreement which are imposed as a result of the permittee's operations at the City recreation center. The permittee shall have no right to assign, subcontract or otherwise transfer the permit agreement or any rights or interest thereunder. No permit agreement shall be made for a term of more than three (3) years.
(Ord. No. 1350-91. Passed 6-17-91, eff. 6-26-91)
Notwithstanding and as an exception to Section 183.04 and Section 185.041, the Director of Port Control may enter into concession agreements with any airline that has leased space at Cleveland Hopkins International Airport or Burke Lakefront Airport for promotions from within the airline's exclusive leased space. The airline shall pay to the Department of Port Control a fee of one thousand dollars ($1,000) per month for the privilege of using the airport for any promotional activity. In the conduct of any such promotional activity, the airline shall adhere to all terms and conditions of its lease for use of space at the airport and shall abide by all rules and regulations as may be promulgated by the Director regarding promotional activities.
(Ord. No. 1073-99. Passed 6-14-99, eff. 6-17-99)
(a) Any City department may enter into a lease granting the privilege of placing a tower, antenna, or other similar structure, including but not limited to commercial broadcasting towers, two-way radio towers, fixed point microwave dishes, commercial satellites and receiving dishes, cellular or personal communication service towers, and their ancillary structures, and fencing and landscaping, as applicable, on City-owned buildings, structures, land, or other property that is under the jurisdiction of the leasing department.
(b) The lease payments and lease term shall be as determined by the Department of Public Utilities, Office of Radio Communications. The lease agreement shall contain such provisions as the Director of Law deems necessary to protect the public interest and shall be executed by the Department of Public Utilities, Office of Radio Communications and the director of the leasing department.
(c) Payments received under a lease agreement authorized pursuant to this section shall be earmarked to go toward the Cleveland Municipal Schools.
(d) A lease shall not be construed as the conveyance of any right, title, or interest in public property but merely as the grant of the privilege to use the property for the purposes described in the lease. This right shall not be construed as exclusionary.
(e) A lessee's tower, antenna, or other similar structure located within the limits of the City of Cleveland shall also comply with all provisions of the codified ordinances, including, but not limited to, the requirements contained in Chapter 354.
(f) Prior to placement of a tower in a ward, the Councilperson shall be notified in writing.
(Ord. No. 2307-2000. Passed 5-21-01, eff. 5-31-01)
When real estate is to be leased or sold by or for the City the Commissioner of Purchases and Supplies shall advertise such sale or lease in the same manner as in the case of other purchases and sales. The advertisement in case of lease by way of concession shall set forth the terms, conditions and requirements contained in the ordinance authorizing such lease by way of concession. In case of sale or lease of lakefront lands, the authorizing ordinance shall be set forth in the advertisement.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
No legislation authorizing the purchase or sale of real estate involving ten thousand dollars ($10,000) or more shall be adopted until an independent appraisal of the value of such real estate has been made and reported to Council. The Director of Law shall have the authority to secure such independent appraisals as may from time to time be required hereunder, without competitive bidding, and shall charge the cost thereof to the department for which such real estate is acquired or sold.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
The Director of Law is hereby authorized to secure such environmental assessments as may from time to time be required in connection with real estate transactions in which the City is involved. The Director may secure the services authorized herein without competitive bidding and shall charge the cost thereof to the department under the jurisdiction of which the real estate transaction occurs.
(Ord. No. 1355-91. Passed 6-17-91, eff. 6-26-91)
When lands within the City or outside the City which are suitable for use by the City, and which have been certified as delinquent, are offered for sale at public auction pursuant to provisions of law relating thereto, or land offered for sale by Court order, the Commissioner of Purchases and Supplies, when authorized and directed by the following officials of the City: the President of Council, Chairman of the Finance Committee of Council, Director of Finance, Director of Public Properties and the City Planner, is hereby empowered to acquire for playground purposes, or other Municipal purposes, any parcel of land so offered for sale, by bidding at such public auction or as may otherwise be provided by law relating to such sale. The Director of Finance is authorized and directed to pay the purchase price therefor from any funds available for such purpose. All purchases made pursuant to the authority of this section shall be reported forthwith to Council. Nothing herein contained shall authorize the purchase of any lands outside the corporate limits of the City after December 31, 1945.
(Ord. No. 1213-60. Passed 5-23-60, eff. 5-25-60)
It is hereby determined that the public improvement of the site clearance by the demolition of existing buildings and structures upon lands acquired by the City in the making of any public improvement shall be made by contract duly let to the lowest responsible bidder after competitive bidding for a gross price. More than one building, structure or premises may be included in the invitation to bid, and in such event the bidders shall be asked to submit a bid on each, all or any combination thereof. The specifications for such work shall provide that no building or structure shall be removed from the premises in whole or substantially whole condition but shall be demolished on the premises, the bidder shall furnish evidence of sufficient equipment and personnel for the prompt performance of the work, the time completion of the work shall be fixed by the City and the contract shall contain a provision for liquidated damages in case of failure to complete the work within the time so fixed and the City reserves the right to limit the number of contracts awarded to any one bidder in order to insure the speedy completion of any public improvement. The Director of Parks and Public Property is hereby authorized to enter into such contracts as are awarded by the Board of Control in conformity herewith.
(Ord. No. 2069-58. Passed 12-15-58, eff. 12-17-58)
(a) No dwelling or other structure upon land acquired by the City shall be removed therefrom, except in the form of salvaged materials, unless the Commissioner of Purchases and Supplies is otherwise directed by the Board of Control to sell the dwelling or other structure.
(b) When so directed, the Commissioner shall sell the dwelling or other structure in the same manner as the sale of other personal property of like value, except as herein provided.
(c) The Commissioner shall require the bidder to state the specific site or alternates therefor upon which he proposes to relocate the dwelling or other structure. The Board in approving any award shall give due consideration to character of the neighborhood of the site, the conformity of the proposed relocation thereto and the means to be taken by the bidder to insure that the neighborhood will not be adversely affected by such relocation.
(d) Before approving any award of sale for removal and relocation the Board shall obtain the report of the Commissioner of Building that such dwelling or other structure may be relocated upon the specified site in the City in compliance with the applicable ordinances and the conditions upon which relocation may lawfully be made. Any award shall be conditioned upon such compliance, secured by such means as the Board shall determine.
(e) The successful bidder shall obligate himself to indemnify and save the City harmless from any loss occasioned by injury to person or property, in form and amount satisfactory to the Director of Law, and shall give security that the premises will be restored to the condition required by the applicable ordinances of the City.
(f) If the cost of the dwelling or other structure as included in the purchase price of the real estate is more than ten thousand dollars ($10,000), the Board shall not approve the award of sale at a price less than the appraisal at the time of acquisition except pursuant to a new appraisal giving due consideration to the necessity of sale and removal.
(Ord. No. 2005-60. Passed 10-10-60, eff. 10-13-60)
No dwelling or other structure purchased for the construction of any freeway within the limits of the City shall be removed from the premises for relocation on any other property if the relocation would necessitate the use of City streets or other public property.
(Ord. No. 1200-63. Passed 9-23-63, eff. 9-24-63)
(a) Whenever a dwelling is removed or demolished leaving a hole more than three feet deep, the contractor removing or demolishing the dwelling, or the owner of the property, if he is doing the work himself shall, within a period of two working days fill or cause to be filled the hole to the existing grade of the surrounding property.
(b) If it becomes necessary to leave the hole in existence for a period longer than two working days then the perimeter of the hole or the area of demolition shall be encircled by a fence at least five feet in height, or the hole may be graded to a two-to-one ratio. However, in no event shall the graded hole remain without any barricade or without having been backfilled for a period longer than three working days, and further, proper warning devices shall be maintained at all times to warn of the existence of the hole.
(c) For the purpose of this section, "working day" means any day other than Saturday, Sunday or a holiday, when weather conditions do not prohibit the continuance of work.
(Ord. No. 271-64. Passed 6-15-64, eff. 6-17-64)
(a) The performance of the terms and conditions in any concession agreement or lease by way of concession, having a term in excess of one year, shall be at all times secured by a performance bond or irrevocable letter of credit. Any bond or letter of credit shall be renewable no more often than annually, shall be in form and content and with such surety or issuer as approved by the Director of Law and shall be in an amount not less than the largest fixed annual fee or rental payment required for such concession or lease by way of concession during the term of such bond or letter of credit. If the concession agreement or lease by way of concession does not provide for a fixed fee or rental payment, the amount of the bond or letter of credit shall be determined by the Director of Law. Each bond shall provide for thirty (30) days' notice to the Director of Law if said bond will not be renewed or otherwise extended, in which event, lessee or concessionaire shall furnish a replacement bond or letter of credit prior to the expiration of the bond. Lessee or concessionaire shall submit a bond or a replacement letter of credit at least thirty (30) days prior to the expiration of a letter of credit.
(b) In the event that improvements are required to be made by the concessionaire or lessee under a concession agreement or lease by way of concession, the construction of such improvements shall be secured by a separate performance bond or bonds or irrevocable letter of credit. Said bonds or letter of credit shall be in form, content and amount and with such surety or issuer as approved by the Director of Law.
(Ord. No. 1419-89. Passed 6-12-89, eff. 6-19-89)
No real estate owned by or under the possession and control of the City at the time of the passage of this section (Ordinance No. 2648-80, passed May 4, 1981), and no real estate acquired or possessed after the passage of this section shall be transferred from its present or original control, possession and use by one City department or division or for the control, possession and use of any other City department or division, without the approval of Council, by ordinance.
A transfer or intended transfer made in violation of this section shall be null or void.
The Director of Public Properties shall strictly enforce this section and shall promptly notify Council of such violation and such enforcement action.
(Ord. No. 2648-80. Passed 5-4-81, eff. 5-7-81)
Pursuant to division (c) of RC 2105.09, when lands located within the City are determined by a Probate Court of this state to escheat to the City of Cleveland, the Director of Law is hereby authorized and directed to request the Probate Court to direct the administrator or executor of the estate that contains the escheated property to commence an action in the Probate Court for authority to sell the real property in the manner provided in RC Chapter 2127.
(Ord. No. 190-95. Passed 5-22-95, eff. 5-31-95)
The director of a department having charge of City real estate, facilities, equipment or other City property may, upon satisfaction of the conditions stated below, issue to any person or entity a license to enter upon, inspect, test, or perform limited construction or maintenance upon, any City property under the jurisdiction of said director:
(a) The license may not exceed one (1) year in duration or the length of the project for which it is issued, whichever first occurs;
(b) The license shall specify the licensee's permitted activities and require the licensee to be qualified to perform such activities, shall provide appropriate indemnification of the City, and shall require restoration of any damaged property;
(c) The licensee shall be charged a licensing fee determined by the director.
(Ord. No. 1356-92. Passed 11-23-92, eff. 11-30-92)
Whoever violates Section 183.12 shall be fined one hundred dollars ($100.00) for the first offense, and not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) for each subsequent offense.
(Ord. No. 271-64. Passed 6-15-64, eff. 6-17-64)