Every U.S. state holds the power to create laws and regulate them according to their particular needs – which is why it is essential to consider the specific ordinances in Cleveland if you are contemplating investing in vacant properties.
This article reviews a few important statutes you should know about to prevent fines and violations on your Cleveland vacant property investment.
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Landmarks Commission
The Cleveland Landmarks Commission chapter outlines regulations governing historic preservation, specifically focusing on vacant property owners within designated landmark areas. It emphasizes the significance of preserving structures with historical, cultural, or aesthetic value. The chapter mandates a Certificate of Appropriateness for any environmental changes to designated landmarks or properties in landmark districts. Owners must adhere to minimum maintenance requirements to prevent deterioration. Noteworthy sections include the criteria for designating landmarks, the certificate application process, and the Commission’s powers. Violations may incur fines, underlining the importance of compliance for vacant property owners to safeguard the city’s heritage and adhere to preservation guidelines.
Property Nuisance
Chapter 209 of the Cleveland municipal code addresses property nuisances and their abatement. It outlines regulations for issues like overgrown grass, noxious weeds, and refuse on both vacant lots and lots with buildings. The Commissioner of Environment has powers to enforce abatement, with provisions for immediate action in health emergencies. Property owners may be billed for abatement costs, with unpaid bills resulting in liens on properties. The chapter includes an appeals process and can be enforced through civil or criminal proceedings, with violations considered minor misdemeanors. To ensure property adherence to local standards, compliance is crucial for investors, rehabbers, and realtors.
Construction And Demolition Debris Facility Tipping Fees
For owners or operators of Construction and Demolition Debris Facilities on vacant properties, Chapter 234 outlines the fees, recording requirements, and penalties associated with the disposal of construction and demolition debris within the city. Compliance is essential to avoid legal consequences and contribute to properly administrating the regulatory program.
Elimination Of Spot Blight
Cleveland Code of Ordinances, Section 324.01-324.16, outlines legislative findings and definitions related to blighted premises. It addresses issues such as age, obsolescence, criminal activities, and lack of maintenance leading to blight, considering it a public nuisance. The legislation empowers the City to acquire blighted properties, outlining procedures for public hearings, determining blight existence, and recommending acquisition. The City can acquire through purchase or eminent domain, subsequently demolishing, rehabilitating, or selling the property to eliminate blight. The terms of sale include covenants for rehabilitation and development, with a fund established for financial transactions. This legislation aims to combat blight for public welfare and neighborhood revitalization.
Notification, Environmental Abatement, And Securing Of Closed Or Vacated Facilities
Chapter 396 of the Cleveland Code of Ordinances addresses the closure or vacancy of industrial and commercial facilities, stipulating regulations to protect public health, safety, and the environment. For vacant property owners, the chapter mandates timely notifications, fees, and security measures, ensuring compliance with environmental standards. Property owners must submit comprehensive information about the facility, secure the premises against unauthorized entry, and undergo inspections. The chapter empowers the city to take remedial actions if owners fail to comply, reinforcing the significance of responsible management for vacant properties to prevent hazards, illegal activities, and environmental risks, ultimately safeguarding the community’s well-being and property values.
Nuisance Property Declared
The legislation outlined in § 619.24 designates properties, including vacant buildings, as nuisances if they have been linked to specific offenses like drug abuse, prostitution, liquor violations, and gambling. If a vacant property is associated with these offenses twice, it is declared a nuisance, and measures can be taken for its abatement. This regulation is crucial for vacant property owners as it holds them accountable for illegal activities on their premises, promoting community safety. Owners of vacant properties should be attentive to these regulations to mitigate legal repercussions and contribute to the overall well-being of the neighborhood.
Building Code
The Building Code of the Cleveland Code of Ordinances sets forth regulations crucial for property owners. Addressing safety, security, and aesthetics, it outlines guidelines for securing, rehabilitating, or demolishing vacant structures. With a focus on public safety and community well-being, the code plays a vital role in property maintenance and risk mitigation. Within this code, there are a couple of sections vacant property owners should be familiar with:
Unsafe Structures and Exterior Property Nuisances
Cleveland Municipal Code § 3103.09 defines and addresses the risks associated with vacant and open structures, declaring them public nuisances. It highlights such structures’ dangers, from attracting criminals to creating fire hazards. The legislation emphasizes the responsibility of owners to maintain, rehabilitate, or demolish unsafe structures, preventing neighborhood blight and preserving property values. Notably, it provides a framework for effective boarding pending rehabilitation and empowers the Director of Building and Housing to examine, condemn, and take action in emergencies. For vacant property owners, compliance is crucial, as non-adherence may lead to demolition and financial responsibility for incurred costs.
Utility Shut-Off
Section § 3103.091 mandates utility shut-off for vacant and unsafe structures, mitigating the risk of explosions, fires, or flooding. This comprehensive legislation ensures the community’s safety, aesthetics, and value while holding property owners accountable.
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