ISSUANCE OF TEMPORARY PUBLIC RIGHT-OF-WAY OCCUPANCY PERMITS FOR STREETSCAPE AMENITIES

Codified Ordinances of Cleveland pt. FIVE, tit. I, ch. 514

in effect

Codified Ordinances of Cleveland § 514.01 Definitions

§ 514.01 Definitions When used in this chapter, the following words shall have the following meanings: (a) “Director” means the Director of Capital Projects, or the Director’s designee. (b) “Permit” means a temporary public right-of- way occupancy permit authorized under this chapter. (c) “Permittee” means the person authorized to occupy an area of the public right-of-way. (d) “Right-of-way” means any sidewalk, court, alley, street or other area dedicated or otherwise designated for public use and held by the City. (e) “Streetscape amenities” means any item placed within the public right-of-way, including but not limited to: banners, benches, planters, public art, directional signs, bicycle racks, trash containers, railings, decorative fencing, curbing, pavers, planting beds, planting bed irrigation, hanging baskets, special district signage, and seasonal decorations. (f) “Unobstructed walk” means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.02 Temporary Public Right-of-Way Occupancy Permits

§ 514.02 Temporary Public Right-of-Way Occupancy Permits Notwithstanding any codified ordinance to the contrary, the Director is authorized to issue temporary public right-of-way occupancy permits revocable at the will of Council authorizing the placement of various streetscape amenities at permitted locations on sidewalks, courts, alleys, streets or other public rights-of-way in the City, subject to the provisions of this chapter. A separate street opening permit may also be required as determined by the Manager of Engineering and Construction, or the Manager’s designee. A separate encroachment permit for such items shall not be required. No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley, street or other public right-of-way with streetscape amenities without first obtaining a permit under this chapter. Any business owner or operator occupying any portion of a public sidewalk, court, alley, street or other public right-of-way without a permit as required by this chapter shall be subject to the fines and penalties set forth in this chapter. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.03 Application for Permits

§ 514.03 Application for Permits Application for a permit shall be made to the Director in a form deemed appropriate by the Director. The application shall include, but not be limited to, the following information: (a) Name, phone number, and address of applicant; (b) Street address of the proposed amenity; (c) A description of the proposed area, with photographs; (d) A description of the proposed amenity, including information about the composition; (e) A signed statement that the applicant is the owner of the property immediately adjacent to the proposed amenity. If the applicant is not the owner of the subject property, a notarized statement from the owner indicating their knowledge and consent to the proposed amenities; and (f) A signed statement that the Permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons. Permittee shall furnish and maintain the public liability and property damage insurance as will protect Permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. The insurance shall provide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one (1) or more persons and property damage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit Permittee’s indemnification obligations to the above-required limits of insurance. Such insurance shall also name the City of Cleveland as an additional insured, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit without thirty (30) days written notice to the Director. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.04 Permit Fee, Issuance and Duration

§ 514.04 Permit Fee, Issuance and Duration (a) Upon approval of an application for a permit, the applicant shall pay a non-refundable fee in accordance with a fee schedule fixed from time to time by the Board of Control for each individual amenity for which a permit is desired. (b) On approval of the application by the Director of Capital Projects, the Director of the City Planning Commission, the Secretary of the Landmarks Commission, and any other Director that the Director of Capital Projects deems applicable, the payment of the fee described in division (a) above, and in compliance with the Council notification provision described below, the Director of Capital Projects shall issue a permit under this chapter. (c) No permit shall be issued until the members of Council of the wards affected have been provided with written notice by the Director of Capital Projects and until the expiration of thirty (30) days from the date of this notice, unless the period of thirty (30) days is expressly waived by the Council members in writing. (d) Permits for banners and seasonal decorations shall be valid for not more than a twelve (12) month period; permits for all other streetscape amenities shall be valid for no more than a sixty (60) month period. Permits may be renewed, on a form provided by the Director, provided all the requirements of this chapter are met, and no changes have been made from the previous approved application. The permit renewal fee shall be in accordance with a fee schedule fixed from time to time by the Board of Control for each individual amenity. If there are changes to the application, a new application must be made under this application. (e) No permit application fee or renewal fee shall be required under the provisions of this Section for placement of only bicycle racks. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.05 Permitted Locations

§ 514.05 Permitted Locations The Director, consistent with the provisions of this chapter and the zoning code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for streetscape amenities. The issuance of permits shall be subject to the rules and regulations established by the Director. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.06 Permits

§ 514.06 Permits Permits shall be issued in such a manner that they are readily accessible on request from a City official. Each permit shall contain the following information: (a) The name and address of the Permittee; (b) A description of the permitted location; (c) A description of the permitted amenities; (d) The expiration date of the permit; and (e) Any other information the Director deems appropriate. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.07 Requirements and Conditions of Permit

§ 514.07 Requirements and Conditions of Permit (a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, while engaged in business at permitted locations. (b) Permittees and their agents shall be responsible for maintaining all amenities and associated equipment in good repair, free of corrosion and in a safe, sound, and nonhazardous condition. (c) Permittees and their agents shall be responsible for keeping the general area around the permitted location free of litter. Permittees and their agents shall maintain at least four (4) feet of unobstructed walk as required by the Director, which shall be free of snow at all times, as required by Section 507.13. (d) No permit shall be transferable in any manner. (e) A permit is valid only when used at the location designated in the permit. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.08 Permit Suspension and Revocation

§ 514.08 Permit Suspension and Revocation (a) The Director may suspend or revoke the permit of any Permittee if the Permittee or his or her agent fails to abide by the provisions of these Codified Ordinances or state law. (b) The Director shall give written notice of suspension or revocation of the permit to the Permittee or his or her agent stating the reasons therefore. If the reason for the suspension or revocation is that the Permittee does not currently have an effective insurance policy as required by this chapter, the action shall be effective on giving notice to the Permittee or to his or her agent. Otherwise notice shall contain the further provision that the action shall become final and effective ten (10) days thereafter unless, within five (5) days of receipt of notice, the Permittee requests a hearing before the Director. The Director shall hold the requested hearing, at which time the Permittee shall be afforded the opportunity to give his or her version of the facts which gave rise to the Director’s action. After the hearing, the Director shall determine whether to proceed with the action or to rescind it. (c) The action of the Director may be appealed to the Board of Zoning Appeals. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.09 Removal of Streetscape Amenities

§ 514.09 Removal of Streetscape Amenities Any streetscape amenity placed in a public sidewalk, court, alley, street, or other public right-of-way without a permit issued or with a permit that has expired under this section may be seized and removed. Before the seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the associated amenity. Notwithstanding any other provisions of this chapter, the City may seize any amenity items and associated equipment, whether placed with or without a permit, without prior notice if such items and associated equipment are placed in the public right-of- way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the items and associated equipment renders them unsafe, unsound, or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after notification to determine whether the seizure was proper. As a condition of recovering any items and other associated equipment properly seized under this section, the owner of the items and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing the items and other associated equipment. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.10 Taxes

§ 514.10 Taxes The Permittee shall be responsible for all charges and all federal, State or local taxes, including property taxes, which may now or hereafter be imposed or levied on the subject site. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.11 Regulations

§ 514.11 Regulations The Director may promulgate regulations, not inconsistent with the provisions of this chapter, establishing procedures for the issuance of permits. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

Codified Ordinances of Cleveland § 514.091 Temporary Removal of Streetscape Amenities

§ 514.091 Temporary Removal of Streetscape Amenities (a) Emergency Situations. Notwithstanding any other provision of this chapter, the City may seize and remove a streetscape amenity, whether placed with or without a permit, without prior notice in the case of an emergency and shall not be responsible for any damages resulting therefrom. The City shall promptly notify the owner or operator of the business establishment of such removal. (b) Temporary Removal for Utility Work. Whenever a public or private entity needs to make repairs to any utilities located in, over, or across, or through the permitted location for a streetscape amenity, the permittee shall remove, or cause to be removed, the streetscape amenity within the later of thirty (30) days or the time frame stated in the notice to the permittee by such public or private entity. If the permittee fails to remove the streetscape amenity, the City may remove and seize, or cause to be removed and seized, the streetscape amenity. Upon completion of any such utility repairs, the permittee may reinstall the streetscape amenity. (Ord. No. 1141-2023. Passed 2-3-25, eff. 2-4-25)

Codified Ordinances of Cleveland § 514.99 Penalty

§ 514.99 Penalty Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the third degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. (Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)

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/0-0-0-53716Fetched: 11/1/2026