BOARD OF RIGHT-OF-WAY APPEALS

Codified Ordinances of Cleveland pt. FIVE, tit. I, ch. 502

in effect

Codified Ordinances of Cleveland § 502.01 Board Members

§ 502.01 Board Members The Board of Right-of-Way Appeals shall consist of the Director of Capital Projects, or his or her designee, a member of Council selected by the Council President, and the Director of Law, or his or her designee. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 502.02 Jurisdiction

§ 502.02 Jurisdiction (a) The Board of Right-of-Way Appeals shall hear and determine any protests filed by permittees, property owners, or contractors as to sidewalks, street, curb or gutter construction, reconstruction or repair, or any written notices issued pursuant to Charter Section 164. (b) The Board shall also hear and determine any other appeals that the board is designated to review under the Codified Ordinances of Cleveland, Ohio, 1976. (c) The Board shall have no jurisdiction to review any written City administrative notices, order or decisions from any person or entity performing work in the public right-of-way under an agreement with the City, Cuyahoga County, or State of Ohio. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 502.03 Protests and Appeals to be Filed in Writing

§ 502.03 Protests and Appeals to be Filed in Writing Any protests or appeals filed under this chapter shall be filed in writing with the Director of Capital Projects, who shall notify the person filing such protest or appeal of the date and place of hearing before the Board of Right-of-Way Appeals. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 502.04 Protests and Appeals Filed Prior to Work

§ 502.04 Protests and Appeals Filed Prior to Work If protests or appeals are filed prior to the doing of the work called for by a notice issued by an administrative official or agency, the Board of Right-of-Way Appeals shall have authority to modify, alter or revoke any such notice as to the amount or type of work required, or the time in which it must be completed, consistent with the City ordinances and the specifications regarding sidewalk, street, curbing and gutter construction, reconstruction or repair. The Board shall also have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition. Protests filed under this section must be filed no later than thirty (30) days after the service of the notice. The Board shall issue an order setting for its findings and, if applicable, indicating the period of time within which the party must comply therewith. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 502.05 Protests and Appeals Filed After Work is Completed

§ 502.05 Protests and Appeals Filed After Work is Completed If a protest or appeal is filed after the work provided for in the notice has been completed by the City, or through its contractor, the authority of the Board of Right-of-Way Appeals shall be limited to a determination that the amount of the bill is correct, that the bill has been properly charged against the appropriate party and that the work as performed was in accordance with the notice served. If the Board finds that an amount has been incorrectly charged, but that work has been performed, it may order that such payment be made from the fund provided for the payment of the City's portion of the right-of-way work. Protests or appeals filed under this section must be filed no later than thirty (30) days after the receipt of the bill from the City. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 502.06 Further Appeal

§ 502.06 Further Appeal A person aggrieved by a final decision of the Board of Right-of-Way Appeals may further appeal to the Board of Zoning Appeals within thirty (30) days after the Board of Right-of-Way Appeals’ written decision. The Board of Zoning Appeals shall approve, modify, or annul any orders, notices, or decisions issued pursuant to these Codified Ordinances from which the appeal has been perfected. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

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/0-0-0-53567Fetched: 11/1/2026