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City of Cleveland Codified Ordinances, Chapter #203
PART TWO — HEALTH CODETitle I — Nuisances And General ProvisionsChapter 203 — Nuisance AbatementComplete to June 30, 2007
CROSS REFERENCES
Powers of Board of Health to abate nuisances, RC 3707.01 et seq.
Prohibitions against nuisances, RC 3767.13 et seq.
Right of entry to enforce Health Code, CO 201.01
Vacant lot nuisances, CO 209.02
Cleanliness and ventilation of public laundries, CO 223.05
Sanitary rules and regulations for barber shops, CO 225.06
Sanitation of day nurseries, CO 227.12, 227.19
Food shop sanitation, CO 241.08
Drifting debris prohibited on City waters, CO 483.03
Nuisances in City waters; abatement, CO 483.05
Regulations for market sanitation, CO 553.13
The Commissioner of Environmental Health or any authorized City officer or employee, upon complaint or information of the existence of any condition or thing which amounts to a nuisance which may affect or endanger the life, health or senses of the inhabitants of the City, shall investigate and take such measures as may be necessary to cause the abatement of any nuisance found to exist, by or at the expense of the person in charge or responsible therefor, or otherwise if circumstances so require.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
Whenever the Commissioner of Environment or any authorized City officer or employee ascertains, either upon information or by observation or inspection, that any condition amounting to a nuisance or defined by law or ordinance as a nuisance exists on any premises, which nuisance affects or endangers the public health, either of them shall, in writing, notify the owner or person in charge of the premises, requiring the abatement or removal of the nuisance within a reasonable time, unless no such owner or person in charge can be found, or unless the circumstances are such, in their opinion, as to require the immediate abatement or removal of the nuisance, without waiting to give notification.
In the case of a vacant lot or a lot on which the main building or structure is vacant, either of which lot contains a nuisance as described in 209.01, the procedures outlined in Chapter 209 may be followed.
(Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)
(a) No person shall fail or refuse to comply with any lawful order issued by the Commissioner of Environmental Health or any authorized City officer or employee in the enforcement of this Health Code.
(b) In addition to any penalty for a violation of this Health Code, the Commissioner or any authorized City officer or employee may, by their authorized representatives, remove, abate, suspend, alter or otherwise improve or purify such nuisance and certify, as allowed by law, the costs and expense thereof to the County Auditor, to be assessed against the property and thereby made a lien upon it and collected as other taxes.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
The Commissioner of Environmental Health may, with the consent of the Director of Public Health and Welfare and the Director of Law, order any furniture, clothing or other property to be destroyed, removed or disinfected, whenever he deems it necessary for the health of the City.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
In the event of any actual or threatened violation of this chapter or an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate such violation or remedy such situation.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
(a) Every person owning or having possession, charge or control of any cellar, excavation, yard, court, lot or area where water stands or accumulates shall drain the same or cause the same to be drained. Whenever the premises containing such cellar, excavation, yard, court, lot or area abuts upon a street containing a public sewer, such water shall be conducted into such sewer. Nothing herein shall prevent the construction or maintenance of a pool or fountain if such is constructed and provided with drainage in accordance with law, and if the water in such pool or fountain does not become stagnant.
(b) No person shall allow any water from any well, spring, fire plug, hydrant or other place over which he has control, to run so that it forms a stagnant pool or mud hole, on his premises or on land under his control, or in any street or other public grounds or abutting lands.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
The owner, occupant or person in charge of any property within the City shall maintain such property free from any accumulation of garbage, rubbish, refuse or other waste which is not confined in approved receptacles for collection or so as to prevent rodent infestation. The permitting of any premises within the City to be littered with garbage, rubbish, refuse or other waste is hereby declared to be a nuisance and unlawful.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
No person shall park a truck or motor vehicle whether loaded or unloaded, which is used for the collection and transportation of garbage, trash, rubbish or the contents of private sewage tanks, on any public street, alley or other public place except for loading purposes or emergency repairs.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
(a) Every person who has contracted or undertaken, or is bound to heat or to furnish heat for any building or portion thereof, occupied as a business establishment where one or more persons are employed, shall heat or furnish heat for every occupied room in such building or portion thereof, so that a minimum temperature of seventy degrees Fahrenheit (70° F) may be maintained therein at all occupied times.
(b) Whenever a building is heated by means of a furnace, boiler or other apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a written or verbal contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this section.
(c) As used in this section, "at all occupied times" means all times at which a building or a portion thereof is occupied during the usual working hours established or maintained for such business establishment, of each day whenever the outer or street temperature falls below fifty degrees Fahrenheit (50° F).
(d) Nothing herein shall apply to buildings or portions thereof, used and occupied by trades, business or occupations where high or low temperatures are essential and unavoidable.
(Ord. No. 511-76. Passed 6-14-76, eff. 6-18-76)
(Ord. 1027-04. Passed 8-11-04, eff. 8-17-04)
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