UNACCEPTED STREET IMPROVEMENTS

Codified Ordinances of Cleveland pt. FIVE, tit. I, ch. 501

in effect

Codified Ordinances of Cleveland § 501.01 Procedure for Public and Private Construction of Pavement or Sewer

§ 501.01 Procedure for Public and Private Construction of Pavement or Sewer (a) Where a thoroughfare is dedicated but not accepted, the abutting owners may secure a pavement or sewer, otherwise than by the ordinary method of legislation and assessment, provided that all of the owners of the taxable frontage petition for the improvement. (b) The interested property owners may make their own contracts for the construction of the sewer or pavement, and pay direct all contractors or others furnishing material or doing work for the purpose of making the proposed improvement. (c) The plan for the sewer or pavement shall be made by the Commissioner of Engineering and Construction and approved by the Director of Public Service. The City’s specifications shall in all respects govern all construction work, and the work shall be done under City supervision and inspection. The work shall be completed within the time fixed by the Commissioner and stated in the bonds to be furnished as hereinafter mentioned. Upon failure to complete the work in the time specified, the Director may proceed to complete the work in accordance with that part of the specifications relating to forfeiture of work due to improper work or delay. (d) A deposit of ten percent (10%) of the cost of the work as estimated by the Commissioner shall be deposited with the City Treasurer in advance of beginning the work, and should it become necessary, so much of the deposit as may be required shall be used by the City in order that all of the requirements of the City’s specifications for the work can be properly complied with. (e) The cost of City inspection shall be paid by the interested property owners, and an amount of money estimated by the Commissioner for such purpose shall be deposited in advance with the Treasurer. (f) The Commissioner shall be furnished the necessary data required to prepare the plans for the improvement, and all engineering work necessary in connection with the construction work shall be furnished by the interested property owners. (g) An approved surety company bond, acceptable to the Director of Law, in an amount fixed by the Director of Public Service, but not less than one thousand dollars ($1,000.00) in any event, must be furnished to the City, conditioned to indemnify and save it harmless from and on account of any damages, injury or loss, resulting from the construction of such sewer or pavement, either to the City, or to any other person or property, of such character that the City is liable for, and for the payment of all just and legal claims for labor performed upon, and for materials and machinery furnished for the work specified. (h) Upon application provided for under this section, the Director of Public Service, upon being satisfied that all of the foregoing requirements have been complied with, shall issue a permit authorizing the construction of such sewer or pavement. (i) Should the interested property owners not desire to make their own contracts, or should the thoroughfare be an accepted one, a resolution shall be passed by Council, authorizing the Director of Public Service to build the sewer or pavement in accordance with the plan prepared by the Commissioner. Following the passage of such resolution, the construction work shall be duly advertised and let according to law, and the work done as provided for in the specifications. An amount of money sufficient to cover the cost of the work, as estimated by the Commissioner, shall be deposited with the Treasurer in advance of the work. (j) All engineering work and inspection necessary in connection with the construction work in accepted thoroughfares shall be done by the City, the same as though the regular proceedings for constructing sewers or payments by assessments had been followed. (k) Any portion of the moneys deposited as herein provided and not expended, will after the completion of the work in accordance with the specifications, be returned to those depositing the same.

Codified Ordinances of Cleveland § 501.02 Connecting Sewer or Pavement of Undedicated Highway Built without Permit

§ 501.02 Connecting Sewer or Pavement of Undedicated Highway Built without Permit No person shall connect up any pavement or sewer laid or constructed in an undedicated highway with any pavement or sewer laid in a dedicated highway of the City, unless the same has been constructed under permits, as provided in Section 501.01. Any such connection made in violation of this section shall be at once disconnected by the Director of Public Service at the cost and expense of the person making the same, which cost and expense shall be recovered by the Director of Law in a civil action, and the money so recovered paid into the fund out of which it was disbursed.

Codified Ordinances of Cleveland § 501.03 Construction of Roads, Sewers, Pavements and Water Mains

§ 501.03 Construction of Roads, Sewers, Pavements and Water Mains (a) Where a thoroughfare is either a proposed street, alley, court, place or avenue, or an undedicated street, alley, court, place or avenue, the Director of Public Service may authorize the construction of a sewer or pavement therein, and the laying of water mains, provided the following conditions are complied with. A plan showing the arrangement of the lots and the connection of the street with existing thoroughfares must be furnished to the Commissioner of Engineering and Construction, together with a profile of the proposed street showing proposed grade, all of which must be of a character meeting the approval of the Director of Public Service. The plan for the sewer or pavement shall be made by the Commissioner and approved by the Director of Public Service. The City’s specifications shall govern all construction work and work shall be done under City supervision and inspection, provided that the laying of water mains shall be done by the City. The interested property owners shall make their own contracts for the construction of the sewer or pavement and pay directly all contractors or others furnishing material or doing work for the purpose of making the proposed improvement. The cost of City inspection shall be paid by the interested property owners, and at the time of the issuance of the permit hereinafter referred to, an amount of money estimated by the Commissioner for such purpose shall be deposited with the City Treasurer. The cost of installation of water mains shall be borne by the interested property owners and in the manner as otherwise provided by City ordinances and the regulations of the Department of Public Service, excepting as herein modified. A bond acceptable to the Director of Law, in an amount fixed by the Director of Public Service, but not less than one thousand dollars ($1,000.00) in any event, must be furnished to the City conditioned to indemnify and save it harmless from and on account of any damage, injury or loss resulting from the constructing of such sewer or pavement either to the City or to any other person or property of such character that the City is liable for, and further conditioned that the proposed or undedicated street, alley, court, place or avenue shall be dedicated within a time prescribed by the Director of Public Service and free and clear of all encumbrances. The bond shall also be conditioned upon the grading, draining and making of such other improvements as are requisite and prescribed in such streets where sewers and pavements are not to be installed in advance of dedication. In fixing the amount of the bond the Director of Public Service shall take into consideration and shall include full indemnity to the City for all of the matters hereinbefore set forth, and also the importance and value to the City of the proposed street in its relation to the surrounding streets and highways. Bond shall be given with some approved surety company to the satisfaction of the Director of Law. The bond shall be cancelled by the Director of Law upon the written statement of the Commissioner that the work has been satisfactorily completed, and upon the dedication of the thoroughfare in accordance with law and the provisions of this section. (b) Upon application under this section the Director of Public Service, upon being satisfied that all of the foregoing requirements have been complied with, shall issue a permit authorizing the construction of such pavement, sewer or water main. (c) All plats of dedication made in pursuance of the foregoing provisions shall be deposited with the Commissioner for record, the cost of recording the same to be paid by the owner and to be covered in his or her bond. (d) Where it is necessary to open up unpaved streets accepted by or under the control of the City there shall be deposited with the City Treasurer an amount of money estimated by the Commissioner of Engineering and Construction sufficient to cover the cost of restoring the streets. (e) The work shall be done under the supervision of the Commissioner of Streets and paid for out of such deposit. (f) Any balances left in deposited funds after paying inspection or for the work of restoring the streets done by the City shall be returned to the person depositing the same upon a written statement from the Commissioner of Engineering and Construction that the work has been satisfactorily completed. (g) Should it be desirable to build house connections to the curb at the time of constructing any street sewer hereunder, the same shall be permitted and permits issued therefor, provided that the work is done under the same inspection as the street sewer. Should only a limited number of such curb connections be made or should they be made at any other than at the time of the construction of the street sewer, special permits must be secured therefor. (h) All necessary information regarding grades, arrangement of lots or surveys shall be furnished by the owner of the property to the Commissioner upon request. All necessary field engineering in connection with obtaining property line and grade of the improvement must be furnished by and at the expense of the interested property owners. The line and grade for sewers or pavements must be in conformity with the City system and copies of all notes must be furnished to the Commissioner upon demand. (i) The center lines of all proposed streets, avenues, roads, etc., shall be accurately defined by stone monuments placed to the satisfaction of the Commissioner. (j) Where pavements are laid a guaranty fund, as provided for in the City specifications shall be deposited as therein required and left fully in control of the City, so that any defects existing in the pavements before the expiration of the guaranty period may be fully provided for.

Codified Ordinances of Cleveland § 501.04 Injuring New Pavement before Completion

§ 501.04 Injuring New Pavement before Completion No person shall drive upon or do any act that may injure, impair or damage any pavement until the contractor or party constructing the same has entirely completed the same and removed the fence or whatever means of notice he or she may have used that the same was not ready for use, such removal indicating that the pavement is ready for use by the public.

Codified Ordinances of Cleveland § 501.05 Disposal of Old Pavement; Unguarded Excavations

§ 501.05 Disposal of Old Pavement; Unguarded Excavations In removing pavement, etc., the material dug up must be deposited in such manner as to guard against inconveniences to the public, by obstructing streets, alleys or sidewalks, nor shall the hole in any street be left open or unguarded during the night time.

Codified Ordinances of Cleveland § 501.06 Signs Giving Notice of Unaccepted Thoroughfares

§ 501.06 Signs Giving Notice of Unaccepted Thoroughfares Notwithstanding Section 413.07 of the Codified Ordinances, whenever a thoroughfare is dedicated but not accepted and the abutting premises are being improved, the Commissioner of Streets shall cause signs to be posted wherever the unaccepted thoroughfare intersects an accepted street, showing thereon: “This street not accepted by the City of Cleveland – City of Cleveland not responsible for maintenance.” (Ord. No. 703-56. Passed 5-28-56, eff. 6-4-56)

Codified Ordinances of Cleveland § 501.031 Construction of Private Roads

§ 501.031 Construction of Private Roads (a) Definitions. “Private Road” means a privately owned or controlled and maintained drive, street, road or lane, that provides the primary means of vehicular ingress and egress to two (2) or more parking lots, unimproved parcels, or principal buildings, or three (3) or more dwelling houses, whether that drive, street, road or lane is created by a private right-of-way, easement, or other device. A private road shall also include the following: (1) An access road where two (2) or more lots, or dwelling houses share a common access drive or device even if each lot has the required frontage on a public road; (2) Any and all extensions, additions, or branches of, or to a private road shall be considered part of the private road that abuts the public road, except those extensions, additions, or branches that access less than three (3) dwelling houses, or less than two (2) lots, parcels, or principal buildings. (b) Permit Required. No person shall construct a private road or alter an existing private road without first obtaining a permit for the construction or alteration from the Department of Public Service. The periodic cleaning and re-surfacing of the road shall not be considered an alteration and shall not require a permit as long as the specifications under which the road was approved are not compromised. (c) Form of Permit. Before a person may receive a permit the person shall file with the Director of Public Service an application on the form provided by the Director. This application shall include any information the Director deems necessary and shall be accompanied by road plans showing the proposed construction or alteration. The proposed construction shall comply, at a minimum, with all Rules and Regulations enacted by the Director. At the time of the application, applicant shall pay a non-refundable fee in accordance with a fee schedule fixed from time to time by the Board of Control. (d) Decision on Application. The Director shall approve or deny the permit within thirty (30) days of receiving a completed application. The Director may inform permittee that the construction plans do not conform to the City’s Rules and Regulations. The permittee may change the construction plans and resubmit them. If a permit is denied, permittee may appeal to the Board of Zoning Appeals within thirty (30) days of the denial. (e) Other Regulations. Any private road shall comply with all other applicable regulations, including the Zoning Code requirements for access and maintenance of off-street parking spaces. (f) Rules and Regulations. The Director may enact Rules and Regulations concerning construction of private roads, including, but not limited to, standards and specifications for the private streets, and regulations for the construction process. The Rules and Regulations shall require that, at a minimum, the roads meet City specifications for similar roads. The Rules and Regulations shall take effect thirty (30) days after their publication in the City Record. (g) Periodic Inspections; Fee. The Director may make periodic inspections of the road construction to ensure compliance with the construction plans as approved, and the applicable Rules and Regulations. At the completion of the construction, the Director shall make a final inspection of the road and issue a certificate of completion. The Permittee shall be required to make a deposit in an amount as determined by the Director of Public Service for periodic inspections of the road construction. Any amounts not used shall be refunded to the Permittee. (h) No person shall construct or alter a private road without first obtaining the permit required in this section. (i) No person shall construct or alter a private road except in accordance with the permit and approved plans. The Director is authorized to charge fees at the time of any inspection according to an inspection fee schedule fixed from time to time by the Board of Control. (Ord. No. 242-05. Passed 4-25-05, eff. 4-29-05)

Codified Ordinances of Cleveland § 501.99 Penalty

§ 501.99 Penalty (a) Whoever violates Section 501.02 shall be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00). (b) Whoever violates division (h) or (i) of Section 501.031 shall be guilty of a misdemeanor of the first degree. (Ord. No. 242-05, § 2. Passed 4-25-05, eff. 4-29-05)

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/0-0-0-25705Fetched: 11/1/2026