CIVIL ENFORCEMENT

Codified Ordinances of Cleveland pt. THREE, pt. IIIE, tit. XIII, ch. 3104

in effect

Codified Ordinances of Cleveland § 3104.01 Civil Enforcement System Established

§ 3104.01 Civil Enforcement System Established (a) Civil Enforcement System Established. The City of Cleveland hereby adopts a civil enforcement system for the infractions made subject to a civil fine by this chapter. This civil enforcement system imposes monetary liability on the Responsible Parties. (b) Liability Imposed. Each Responsible Party of a parcel at which an infraction has occurred is liable to the City of Cleveland in the amounts established in Section 3104.99. Responsible Parties shall be jointly and severally liable for the civil offenses specified under this chapter. (c) Noncriminal Offense; No Conviction. The infractions established by this chapter are noncriminal. The imposition of liability upon the Responsible Parties under this section shall not be deemed a conviction for any purpose. (d) Other Costs and Penalties Not Abrogated. Nothing in this section shall be construed as altering or limiting the effects of any other section of these Codified Ordinances, the criminal penalties imposed by any such other section, or the ability of the Director of Building and Housing, or such other officials of the divisions of the City having jurisdiction, to enforce those sections. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.02 Civil Offenses

§ 3104.02 Civil Offenses In addition to any other means of enforcement provided for in these Codified Ordinances, each of the following sections may be enforced through the issuance of a Notice of Civil Offense to the Responsible Parties: 1. Section 337.23 Accessory Uses in Residence Districts 2. Section 337.231 Portable Storage Containers 3. Section 347.02 Restrictions on the Keeping of Farm Animals and Bees 4. Section 347.08 Regulations for Trash Areas and Refuse Containers 5. Section 347.10 Temporary Use Permits 6. Section 347.121 Hookah Lounges and Vapor Lounges 7. Section 349.02 Existing Off-Street Parking Facilities 8. Section 349.04 Required Parking Spaces 9. Section 349.13 Permitted Garages and Parking Space in Residence Districts 10. Section 357.13 Yard Encroachments Permitted 11. Section 357.14 Yard Encroachments Prohibited 12. Section 365.02 Non-Owner-Occupied Residential Rental Unit Registration Required; Application for and Issuance of Certificate of Rental Registration; Certificate of Approving Rental Occupancy; Revocation 13. Section 365.04 Lead-Safe Certification Required for Residential Rental Units Built Before January 1, 1978 14. Section 369.08 Rubbish and Garbage Disposal 15. Section 369.13 General Maintenance Requirements 16. Section 369.14 Maintenance of Foundations 17. Section 369.15 Maintenance of Exterior Walls and Roof 18. Section 369.16 Maintenance of Interior Walls and Floors 19. Section 369.17 Infestation by Pests 20. Section 369.18 Exterior Property Areas 21. Section 369.19 Secondary or Appurtenant Structure 22. Section 371.03 Minimum Requirements for Fire-Protective Features 23. Section 371.05 Lighting of Public Hallways and Common Areas 24. Section 371.07 Rubbish and Garbage Disposal Facilities 25. Section 371.10 Sanitation Responsibilities of Owner and Occupant 26. Section 371.11 Required Heating Capacity 27. Section 371.13 Identification of Dwelling Units 28. Section 391.17 Maintenance 29. Section 392.02 Smoke Detection and Alarm Systems – Installation Required 30. Section 392.021 Carbon Monoxide Alarms; Installation Required in Rental Dwelling Units 31. Section 392.03 Testing, Inspection, and Notification 32. Section 392.04 Maintenance 33. Section 392.05 Tampering 34. Section 3101.10(e) Safety and Maintenance – Maintenance of Exterior Property Areas 35. Section 3101.11 Removal of Graffiti 36. Section 3103.09(f) Unsafe Structures and Exterior Property Nuisances; Violations and Remedial Notices; Cost Recovery – Vacating Buildings and Prohibited Use 37. Section 3103.091 Utility Shut-Off in Vacant and Unsafe Structures 38. Section 3103.10 Abandoned Service Stations 39. Section 3103.25 Violations Generally 40. Section 3105.01 Permits Required; Exceptions 41. Section 3105.02 Permit Applications; Plans and Specifications 42. Section 3105.05 Plans Required at Work Site 43. Section 3106.02 Duties of Responsible Party 44. Section 3106.03 Vacant Building Registration Required 45. Section 3106.04 Vacant Building Inspection, Obligation to Correct Violations, and Issuance of Certificate of Correction 46. Section 3106.06 Inspection Required for Transfer of Vacant Residential Property; Correction Required Following Transfer 47. Section 3109.11 Retractable Awnings 48. Section 3125.01 Protection of Excavations 49. Section 3141.05 Responsibility of Owner (Ord. No. 388-2024. Passed 4-1-24, eff. 4-3-24)

Codified Ordinances of Cleveland § 3104.03 Notice of Civil Offense and Civil Fine; Procedures

§ 3104.03 Notice of Civil Offense and Civil Fine; Procedures (a) Any city officer or employee authorized to enforce the City’s Building, Housing, Zoning, Health, or Fire Prevention Codes may issue a notice of civil offense and civil fine to a Responsible Party. (b) A notice of civil offense and civil fine shall: (1) Identify the Owner, Operator, or Local Agent in Charge of the premises; (2) Indicate the offense or offenses charged, the civil fine, and date, time, and location of the offense or offenses charged; (3) Be signed, dated and attested by the issuing officer or employee; (4) Advise the Responsible Party being charged that all available collection remedies and costs of collection will be pursued in the event the civil fine and other charges are not timely paid; and (5) Advise the Responsible Party that failure to appeal the notice or pay the costs imposed shall constitute a waiver of the right to contest the notice and shall be considered an admission. The notice shall further state that if the Notice of Civil Offense is not appealed or paid in that period, then a default finding of civil liability shall be imposed upon respondents for the costs established in Section 3104.99. (c) The notice of civil offense shall be served upon the Responsible Party charged by one or more of the following means: (1) By personal delivery to the Responsible Party charged; (2) By delivery to an adult at the address of the Responsible Party charged; (3) By posting a copy of the notice in a conspicuous location on the real property where the violation occurred if the real property is owned or occupied by the Responsible Party charged; (4) By mail addressed to the Responsible Party charged at an address shown on a public record identifying the Responsible Party being charged as the owner, operator, or Local Agent in Charge of the real property to which the offense relates. If mail service is attempted via mail with a “certificate of mailing” or via certified or registered mail and the mail is not returned by the postal service within 15 calendar days of mailing, the delivery of the notice shall be presumed. (5) In addition to divisions (c)(1) - (c)(4), service may be made by publication electronically or once in a newspaper of general circulation in the City. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.04 Appeal

§ 3104.04 Appeal (a) Any person who is potentially liable for the costs under this chapter may appeal the imposition of liability to the Director of Building and Housing or his or her designee, in the manner described in the Notice. (b) The appeal shall be taken not later than thirty (30) days from the date of issuance of the Notice. Failure to appeal the Notice or pay the costs imposed within this time period shall constitute a waiver of the right to contest the Notice and shall be considered an admission. (c) Appeal – Process. The Director shall establish an administrative appeal process for persons to appeal Notices issued under this chapter. The administrative appeal process shall allow the appellant the right to present appellant’s case in person at an administrative hearing, or submit evidence by mail or electronically for an administrative review, including proof of correction of the violations that are the subject of the Notice. The strict rules of evidence applicable to courts of law shall not apply in any administrative hearing or administrative review. The Notice charging the offense shall constitute prima facie evidence that the offense identified in the Notice occurred and that the Responsible Parties to whom the Notice was mailed are liable to the City of Cleveland for the costs imposed by this section. The decision of the Director shall be in writing following the administrative hearing or administrative review. (d) (1) If the Director finds by a preponderance of evidence that an appellant is liable under this chapter for the costs assessed, then the Director shall deny the appeal and order the appellant to pay the costs identified in the Notice. (2) If the Director finds by a preponderance of evidence that an appellant is liable under this chapter for the costs assessed but that there are reasons for the commission of the infraction that mitigate the offense or that the violations have been corrected, then the Director shall deny the appeal and order the appellant to pay the costs identified in the Notice, but may in the interest of equity reduce the costs assessed. (3) If the Director finds by a preponderance of evidence that the appellant is not liable under this chapter for the costs assessed, then the Director shall grant the appeal and dismiss the Notice. (e) Appeal of the Director’s Decision. Any person subject to an adverse decision of the Director may appeal that decision to the Board of Building Standards and Building Appeals. The notice of appeal shall be in writing and shall be filed with the Board of Building Standards and Building Appeals within thirty (30) days of the decision of the Director. The Board shall approve, modify or annul the finding from which the appeal is taken. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.05 Default

§ 3104.05 Default If a person who has been served with a notice of a civil offense fails to timely pay the civil fine or appeal the Notice, or attend a requested appeal hearing, the person is in default, and the civil fine as specified by Section 3104.99 is due. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.06 Collection

§ 3104.06 Collection The costs imposed by this chapter may be enforced and collected by means of a civil action or any other means provided for in these Codified Ordinances or the Ohio Revised Code. The costs imposed under this chapter may be recovered as provided in RC 715.261, including certifying the costs and expense to the County Auditor, to be placed on the property as a lien to be collected as other taxes and returned to the City. (Ord. No. 388-2024. Passed 4-1-24, eff. 4-3-24)

Codified Ordinances of Cleveland § 3104.07 Rules and Regulations

§ 3104.07 Rules and Regulations The Director may issue rules and regulations to carry out the provisions of this chapter, which shall be effective thirty (30) days after their publication in the City Record. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.08 Definitions

§ 3104.08 Definitions As used in this chapter: (a) “Director” means the Director of Building and Housing and in the case of appeals, the Director of Building and Housing or his or her designee. (b) “Local Agent in Charge” shall have the same meaning as defined in Section 365.01. (c) “Operator” shall have the same meaning as defined in Section 363.11. (d) “Owner” shall have the same meaning as defined in Section 363.12. (e) “Responsible Party” and “Responsible Parties” mean the Owner, Operator, and/or Local Agent in Charge. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 3104.99 Civil Fines; Late Penalties

§ 3104.99 Civil Fines; Late Penalties (a) The costs imposed by this section upon the Responsible Parties for the commission of an infraction shall be two hundred dollars ($200.00) for each offense. (b) If the costs established in division (a) remain unpaid thirty (30) days after the Notice of Civil Offense is issued or thirty (30) days after the conclusion of all appeals, an additional fine shall be assessed fifty dollars ($50.00). (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-50967Fetched: 11/1/2026