Authority of City Where Responsible Party Fails to Act
Codified Ordinances of Cleveland § 396.07
in effect§ 396.07 Authority of City Where Responsible Party Fails to Act
(a) If the owner, operator or party in control fails to undertake the security and posting measures required by this chapter, the City may undertake those actions without further notice. Any costs incurred by the City in doing so shall be recoverable as costs under Section 3103.09 of the Codified Ordinances.
(b) If the conditions at a facility, including a fire, spill, leak or emission of a hazardous material at the facility, constitute an imminent and substantial threat to public health or safety, or are causing or contributing to, or are threatening to cause or contribute to, air or water pollution or soil contamination, then the Fire Chief, the Commissioner of Environment, or the Director of Building and Housing may take such remedial actions as are necessary to protect the public health, safety, or the environment. These actions include without limitation extinguishing fires, demolishing buildings or structures, boarding or otherwise securing property, placarding the property with warning signs, removing equipment, materials, or substances, and contracting with environmental professionals to take remedial actions on behalf of the City.
(c) Costs to Be Paid by Property Owner.
(1) Any and all expenses or costs, including, but not limited to, attorneys’ fees, costs of inspection, administrative and support staff, property maintenance costs, court costs, title search fees, process server fees, skip tracing expenses, and costs of collection or prosecution, including discovery and deposition expenses, incurred under this section relating to remediation necessary to protect the public health, safety, or the environment or the demolition, repair, alteration, securing or boarding of a building or structure or for abating any other nuisance shall be paid by the owner of such building or structure, except when such expenses or costs are incurred with respect to a government or school building owned by a governmental entity or political subdivision and is funded by federal money.
(2) Any and all owners of a building or structure who appear in the chain of title from the time the facility becomes subject to regulation under this Fire Code for the use, handling, storage, or removal of hazardous substances to closure of the regulated facility shall be jointly and severally responsible for all costs and expenses incurred relating to the demolition and all costs and expenses of prosecution or collection related thereto.
(3) If within thirty (30) days from the date the Director of Public Safety sends a statement of charges and costs incurred to the last known address of the property owner or the tax mailing address listed at the Cuyahoga County Recorder’s office and its successor in interest as the custodian of the real property tax records for Cuyahoga County, the owner fails to pay for the costs of remediation, removal, repair, alteration, securing or boarding or of inspections of violations that have not been remedied, the Director may certify the amount to the Commissioner of Assessments and Licenses, including collection agency fees. The Commissioner of Assessments and Licenses may make written return to the County Auditor of the action under this section with a statement of the charges for services, the amount paid for the performing of labor and a proper description of the premises. Certification to the County Auditor is for the purpose of making expenses and costs a lien upon the lands, to be collected as other taxes and returned to the City with the General Fund, with special accounting under RC 715.261.
(4) Notwithstanding the method of collection set forth in this division, the Director of Law, in the Director’s sole discretion, may take any action necessary to collect the costs of remediation, demolition, boarding, or other nuisance abatement from the owner or other responsible party, including but not limited to filing of legal proceedings, referring the amount due to outside counsel by the Law Director for collection action, including filing civil complaints, and initiating post judgment execution actions.
(d) Civil Actions. Whenever the Fire Chief finds that any person has violated or is violating any provision of this chapter, or has failed to remove or abate any other condition that is a threat to public health or safety under this chapter, the Fire Chief, in addition to any other remedies or penalties available under this chapter, may order in writing that the violation cease immediately, and such person violating or who has violated a provision of this chapter shall pay a civil penalty of no more than one thousand dollars ($1,000.00) per day of violation.
(Ord. No. 987-2024. Passed 10-7-24, eff. 10-10-24)
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/0-0-0-19106Fetched: 11/1/2026