ENFORCEMENT, ORDERS AND PENALTY

Codified Ordinances of Cleveland pt. SIX, tit. III, ch. 643

in effect

Codified Ordinances of Cleveland § 643.01 Territorial Application

§ 643.01 Territorial Application This Code applies to all consumer transactions which take place within the City of Cleveland, regardless of the residence of any of the persons directly or indirectly affected by such transaction. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.02 Unfair, Deceptive and Unconscionable Trade Practices Prohibited

§ 643.02 Unfair, Deceptive and Unconscionable Trade Practices Prohibited No person shall engage in any unfair, deceptive or unconscionable consumer trade practice in the sale, lease, rental or loan, or in the offering for sale, lease, rental or loan of any consumer goods or services. (Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

Codified Ordinances of Cleveland § 643.03 Waivers and Disclaimers

§ 643.03 Waivers and Disclaimers No agreement, whether oral or in writing, made within the City, may waive or disclaim the jurisdiction, provisions, rules or regulations of this Code. Any attempt to so waive or disclaim provisions of this Code is contrary to public policy, of no effect and is void. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.04 Personnel

§ 643.04 Personnel The Manager of Fair Housing and Consumer Affairs shall supervise such personnel, as are needed to ensure the successful administration of this Code. Such personnel shall carry out the direction of the Manager in all matters relating to the enforcement of this Code and shall aid and assist the Manager in the efficient discharge of his or her duties. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.06 Rules and Regulations

§ 643.06 Rules and Regulations The Manager of Fair Housing and Consumer Affairs, under the supervision and direction of the Director of Community Development and after having consulted with the Consumer’s Council, and after having held a public hearing affording interested persons an opportunity to be heard, may adopt, amend or alter written rules and regulations of this Code to protect consumers, including regulations defining specific unfair and unconscionable trade practices. Such rules and regulations must be reviewed by the Director of Law and shall not conflict with nor waive any provisions of this Code or any ordinance of the City, or be inconsistent with the rules, regulations and decisions of the Federal Trade Commission, the laws of the State or the decisions of Federal and state courts relating thereto, nor shall they be the basis for criminal prosecutions for violations of this Code. Such rules and regulations and amendments thereto and alterations thereof shall become effective after two (2) successive publications in the City Record. No rule or regulations shall be adopted, amended or altered or of any effect without the prior approval and consent of Council. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.07 Notice of Public Hearing on Proposed Rules

§ 643.07 Notice of Public Hearing on Proposed Rules Prior to the adoption, amendment or alteration of any rule or regulation, the Manager of Fair Housing and Consumer Affairs shall give at least fourteen (14) days’ notice of his or her intended action by publication in the City Record setting forth the date, time and place of a public hearing and the contents of the proposed rules or regulations to be acted upon. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.08 Tests to Determine Violations

§ 643.08 Tests to Determine Violations The Manager of Fair Housing and Consumer Affairs is authorized to conduct or cause to be conducted any tests which in his or her judgment may aid in demonstrating that violations of this Code have been or are likely to be committed. The Manager shall require that all tests be conducted by reputable, qualified personnel and that written reports be submitted to him or her for all such tests. If the report substantiates that a violation of this Code exists, the person responsible for the violation shall pay all costs for conducting the tests. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.09 Right of Entry

§ 643.09 Right of Entry Any person who in any manner hinders, obstructs, delays, resists, prevents or interferes with the Director or his or her representative in the performance of his or her duty by refusing entrance at reasonable hours to any premises to which this Code applies and is suspect of violation, or refuses to permit testing, inspection or examination of such premises for the purpose of enforcement of the provisions, rules or regulations of this Code, shall be subject to such action as may be provided at law or by the provisions of this Code. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.10 Recovery of Investigative Costs

§ 643.10 Recovery of Investigative Costs In any civil action brought by the Director or his or her representative for violations of this Code, the Director may recover all costs of testing and investigation if he or she prevails in the action. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.11 Enforcement Actions and Consumer Remedies

§ 643.11 Enforcement Actions and Consumer Remedies (a) All legal actions initiated by the Manager of Fair Housing and Consumer Affairs to enforce this Code shall be brought by the Director of Law upon written request by the Manager of Fair Housing and Consumer Affairs. In addition to recovery of fines as provided by this Code, actions may be brought for injunctive relief in any court of competent jurisdiction to restrain a person from violating this Code or the rules or regulations pursuant thereto, and to restrain a merchant from engaging in unfair, deceptive, fraudulent or unconscionable conduct with consumers. To establish a cause of action under this Code it need not be shown that consumers are being or were actually damaged. (b) The City or any person aggrieved by a violation of Title III, Consumer Protection Code, may at any time within two (2) years from the date of the alleged violation or within a reasonable time after the consumer discovers or should have discovered the violation, whichever is later, may apply to any court of competent jurisdiction for appropriate relief, including but not limited to: (1) Injunctive relief or an order otherwise compelling compliance with this Code; (2) Compensatory damages which may be trebled if the act, omission or practice violates Sections 641.11 or 641.12, and/or punitive damages; (3) Such other or further relief as is appropriate for the enforcement of this Code and elimination and prevention of violations thereof. (c) The court may award to the City or the complainant reasonable attorneys’ fees and costs of litigation, and the City shall recover its reasonable costs of investigation of the violation. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.12 Cease and Desist Orders

§ 643.12 Cease and Desist Orders If the Manager has reason to believe that a person has violated this Code, he or she may order such person subject to this Code to cease and desist from engaging in such violations or from engaging in unfair, deceptive, fraudulent or unconscionable conduct. If after the order is made, a written request for hearing is filed with the Director and no hearing is held within thirty (30) days thereafter, the order is rescinded. Any determination or order made after a full hearing by the Director, and any order if no hearing is requested within thirty (30) days shall become a lawfully made final order and thereafter subject to judicial review at law. (Ord. No. 1329-10. Passed 12-6-10, eff. 12-6-10)

Codified Ordinances of Cleveland § 643.13 Assurances that Violations Will Cease

§ 643.13 Assurances that Violations Will Cease (a) In lieu of instituting or continuing an action pursuant to this Code, the Director may accept written assurance of discontinuance of any act or practice in violation of this Code from the person or persons who have engaged in such acts or practices. Such assurance may include stipulation for payment by the violator for the costs of investigation by the Director and may also include a stipulation for the restitution by the violator to the consumers of money, property or other things received from them in connection with a violation of this Code, including money necessarily expended in the course of making and pursuing a complaint to the Director. All settlements shall be made a matter of public record. (b) Violation of an assurance entered into pursuant to this section shall be treated as a violation of this Code, and shall be subject to all the penalties provided therefor. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.14 Conflict with Other City Ordinances

§ 643.14 Conflict with Other City Ordinances In the event of a conflict between any provision of this Code and any other ordinances of the City, the provisions of this Code shall prevail with the exception of ordinances whose standards are more restrictive than those set out in this Code. (Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

Codified Ordinances of Cleveland § 643.15 Effect on Other Remedies

§ 643.15 Effect on Other Remedies The remedies in this Code, are in addition to remedies otherwise available for the same conduct under federal, state or local law. (Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

Codified Ordinances of Cleveland § 643.99 Penalty

§ 643.99 Penalty (a) No person shall violate or participate in the violation of any of the provisions of this Code or rules and regulations promulgated pursuant thereto. (b) Whoever violates any provision of this Code, for which no penalty is otherwise provided and for which state law does not apply an exclusive civil penalty, shall be fined not less than five hundred dollars ($500.00), nor more than two thousand dollars ($2,000.00) or imprisoned for not more than six (6) months or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (c) In addition to the above penalties any person who violates any provision of this Code or any rules or regulations promulgated pursuant thereto shall be subject to an order of a court of competent jurisdiction when appropriate in granting equitable relief to insure justice with regard to the transaction which is the subject of the violation of this Code or any rule or regulation promulgated pursuant thereto. (d) In addition to the penalties and remedies above, any person aggrieved by any violation of this Code may pursue remedies authorized by Section 643.11 of this Code. (Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

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/0-0-0-34566Fetched: 11/1/2026