PROPERTY NUISANCE

Codified Ordinances of Cleveland pt. TWO, tit. I, ch. 209

in effect

Codified Ordinances of Cleveland § 209.01 Nuisance Plants, Refuse, and Surface Water

§ 209.01 Nuisance Plants, Refuse, and Surface Water (a) The following conditions provide harborage and breeding grounds for pests or are otherwise conducive to the creation of human health problems, and are therefore declared to be nuisances which shall be removed or abated from any property on which they are found: (1) Grass over eight (8) inches in height; (2) Noxious weeds including Russian, Canadian, common, or musk thistle; shatter cane; Johnsongrass; wild lettuce; wild mustard; wild parsley; wild parsnip; wild carrot; giant hogweed; ragweed; wild plants that can cause skin reaction upon contact or produce or aggravate hay fever, asthma, allergic respiratory reaction, or similar conditions; and all other noxious weeds, including those listed as prohibited noxious weeds in OAC 901:5-37-01, as it may be amended; (3) Refuse including trash, junk, garbage and food waste, offal, animal wastes, tires, and all other waste materials; (4) Stagnant surface water. (b) The owner, operator, or person in possession or control of the property shall remove or otherwise abate any nuisance described in this section. (c) The Director of Public Health or Commissioner of Environment may post a seventy-two (72) hour notice to abate any nuisance under this section. If the nuisance is not abated within seventy-two (72) hours, the Director of Public Health or Commissioner of Environment may request that the Department of Public Works immediately abate the nuisance without further notice, and bill the owner for the costs of any abatement. (d) If the nuisance for which the Director of Public Health or Commissioner of Environment has posted a notice to abate is for the nuisance of high grass, noxious weeds, or related overgrowth or brush, or if notice has been posted for the same under Section 3103.09(b)(3), the Director of Public Health or Commissioner of Environment may cause such nuisance to be abated or removed during the remainder of the growing season without further posting of notice. Such notice may be appealed during the remainder of the growing season under Section 209.06. (e) Noxious weeds shall be abated by removal, by turning under the soil, by destruction through the use of herbicides, or by any other means approved by the Commissioner of Environment. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 209.02 Notice Regarding Care of Vacant Lots and Lots with Vacant Building

§ 209.02 Notice Regarding Care of Vacant Lots and Lots with Vacant Building (a) At least annually, the Commissioner of Environment shall cause a notice to be mailed to the last known address of the owner of each vacant parcel of land, or shall publish a notice in a newspaper of general circulation, advising owners, operators, and persons in possession or control of vacant parcels of the requirements of this chapter regarding the care of property. (b) The Commissioner of Environment may cause a notice to be mailed to the last known address of the owner of each parcel of land on which the main building or structure is vacant, or may publish a notice in a newspaper of general circulation, advising owners, operators and persons in possession or control of parcels of land on which the main building or structure is vacant, of the requirements of this chapter regarding the care of the property. Vacant means that no person actually and legally resides in any part of the building or that no person conducts a lawful business in any part of the building. (c) The notice shall describe each of the nuisances described in Section 209.01 and shall state that one (1) or more of the following may occur beginning thirty (30) days after the notice is mailed or published: (1) That, if any nuisances exist and are not removed or otherwise abated, the Department of Parks and Recreation, or its designee, may take any action necessary to abate the nuisance, and that the owner will be billed for all costs of the abatement; (2) That property nuisances may be ticketed and that the violation is a minor misdemeanor; (3) That other civil or criminal legal actions may be filed by the Commissioner of Environment to enforce nuisance violations, without additional notice. (d) The above-described notice may be appealed to the Commissioner of Environment. (Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 209.03 Powers of the Commissioner Regarding Vacant Lots

§ 209.03 Powers of the Commissioner Regarding Vacant Lots Upon the finding of any nuisance described in this chapter on a vacant parcel of land, the Commissioner of Environment may do one (1) or more of the following: (a) If the nuisance presents an imminent threat to public health, request that the Department of Parks and Recreation immediately abate the nuisance without notice, and bill the owner for the costs of any abatement; (b) If it is thirty (30) days after the notice described in Section 209.02 is mailed or published, request that the Department of Parks and Recreation abate the nuisance without further notice, and bill the owner for the costs of any abatement; (c) Order the owner, operator, or person in possession or control of the property to abate the nuisance, giving a time frame for compliance. If the abatement does not occur within the stated time frame or if the action taken does not completely abate the nuisance, the Commissioner may request the Department of Parks and Recreation, or its designee, to abate the nuisance and bill the owner for the costs of any abatement; (d) Order the owner, operator, or person in possession or control of the property to install and maintain fencing or another similar barrier, in such a manner that the nuisance will be abated or will be kept from re-occurring; (e) Issue a citation for the violation, under Rule 4.1 of the Ohio Rules of Criminal Procedure; (f) Pursue any civil or criminal legal actions that may be necessary for the protection of the public health, safety, or welfare. (Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 209.04 Powers of the Commissioner Regarding All Other Property

§ 209.04 Powers of the Commissioner Regarding All Other Property Upon the finding of any nuisance described in this chapter on a parcel of land that has a building or other structure on it, the Commissioner of Environment may do one (1) or more of the following: (a) If the nuisance represents an imminent threat to the public health, request that the Department of Parks and Recreation immediately abate the nuisance without notice, and bill the owner for the costs of any abatement; (b) If it is thirty (30) days after the notice described in Section 209.02 is mailed or published, request that the Department of Parks and Recreation abate the nuisance without further notice, and bill the owner for the costs of any abatement; (c) Order the owner, operator, or person in possession or control of the property to abate the nuisance, giving a time frame for compliance. If the abatement does not occur within the stated time frame or if the action taken does not completely abate the nuisance, the Commissioner may request the Department of Parks and Recreation, or its designee, to abate the nuisance and bill the owner for the costs of any abatement; (d) Order the owner, operator, or person in possession or control of the property to install and maintain fencing or another similar barrier, in such a manner that the nuisance will be abated or will be kept from re-occurring; (e) Issue a citation for the violation, under Rule 4.1 of the Ohio Rules of Criminal Procedure; (f) Pursue any civil or criminal legal actions that may be necessary for the protection of the public health, safety, or welfare. (Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 209.05 Costs of Abatement; Liens on Property

§ 209.05 Costs of Abatement; Liens on Property (a) The Director of Parks and Recreation, or his or her designee, after abating a nuisance under this chapter shall bill the owner of the property for reimbursement of the costs of abatement. The bill shall be mailed to the owner’s last known address, when the name and address of the owner are known. (b) Costs that may be billed include inspection, records research, notification, collection agency fees, if any, and billing. A schedule of the costs shall be on file in the office of the Director of Parks and Recreation, open for public inspection, and shall be published at least once in the City Record. (c) If a bill is not paid within thirty (30) days, or if the name or address of the owner is not known, the Director of Parks and Recreation may certify that fact to the Commissioner of Assessments and Licenses. The Commissioner may make a written return to the County Auditor of the action under this chapter, including a statement of the costs of the abatement services and a description of the property sufficient to allow the costs to become a lien on the property. If the Commissioner makes a return to the County Auditors, then the lien on the property shall be collected in the same manner as other taxes and returned to the City general fund in accordance with RC Chapter 731. (d) Nothing in this section shall prevent the Director of Law from taking any other action necessary to collect the costs of abatement described by this section. (Ord. No. 903-06. Passed 5-22-06, eff. 5-26-06)

Codified Ordinances of Cleveland § 209.06 Appeals

§ 209.06 Appeals (a) A notice or order issued by the Commissioner of Environment may be appealed to the Commissioner within ten (10) days after receipt of the notice or order. The Commissioner shall grant the appeal or conduct a hearing within thirty (30) days. The Commissioner shall have jurisdiction to affirm, reverse or modify the notice or order. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within thirty (30) days after the Commissioner’s decision. (b) A bill received from the Department of Parks and Recreation may be appealed to the Director of the Department of Parks and Recreation within ten (10) days after receipt of the bill. The Director shall grant the appeal or conduct a hearing within thirty (30) days. The Director shall have jurisdiction to affirm, reverse or modify the bill. A person aggrieved by a final decision of the Director may further appeal the decision to the Board of Zoning Appeals within thirty (30) days after the Director’s decision. (Ord. No. 1017-97. Passed 6-16-97, eff. 6-24-97)

Codified Ordinances of Cleveland § 209.99 Enforcement; Penalties

§ 209.99 Enforcement; Penalties (a) This Chapter may be enforced through civil or criminal legal proceedings. These remedies are in addition to any right the City may have under this chapter to abate a nuisance and to recover the costs of the abatement. (b) No person shall fail to abate a nuisance described in this chapter. (c) A violation of this chapter shall be a minor misdemeanor. (d) In addition to any other method of enforcement provided in this chapter, this chapter may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. (Ord. No. 318-06. Passed 3-20-06, eff. 3-24-06)

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/0-0-0-8770Fetched: 11/1/2026