161.01 Declaration of Public Policy and Purpose
Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, works of art and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to:
(a) Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political or architectural history;
(b) Stabilize and improve property values;
(c) Strengthen the economy of the City;
(d) Protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;
(e) Enhance the visual and aesthetic character, diversity and interest of the City;
(f) Foster civic pride in the beauty and notable accomplishments of the past;
(g) Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City; and
(h) Take whatever steps are necessary to safeguard the property rights of the owners whose property is declared to be a landmark or is located in an area designated as a landmark district.
|Improvement Cost||Fee Rate|
|Less than $5,000||1.5% of the amount over $0|
|$5,001-$10,000||$75.00 + 1.0% of the amount over $5,000|
|$10,001-$100,000||$125.00 + 0.5% of the amount over $10,000|
|$100,001-$500,000||$575.00 + 0.2% of the amount over $100,000|
|$500,001-$5,000,000||$1,375.00 + 0.05% of the amount over $500,000|
|More than $5,000,000||$3,625.00 + 0.02% of the amount over $5,000,000|
(c) Exemptions. No fee payments shall be required for the renovation or alteration of existing single-family, two-family and three-family residences or for construction or alteration of accessory structures on the property of such existing residence.
(d) All fees generated pursuant to this section shall be deposited into the fund or funds which are designated for use by the Landmarks Commission, and shall be used for Landmark Commission purposes.
(Ord. No. 329-99. Passed 6-7-99, eff. 6-16-99)
The Commission shall have the following powers and duties in addition to those otherwise specified in this chapter:
(a) The Commission shall conduct a continuing survey of all areas, places, buildings, structures, works of art or similar objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as landmarks or landmark districts;
(b) The Commission shall work for the continuing education of the citizens of the City with respect to the historic and architectural heritage of the City and the landmarks and landmark districts designated under the provisions of this chapter. It shall keep current and publish a register of landmarks and landmark districts;
(c) The Commission shall have authority to establish, within the spirit and purposes of this chapter, criteria, rules and regulations for evaluating applications for certificates of appropriateness submitted to it and the manner in which they shall be processed;
(d) The Commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties.
(Ord. No. 339-73. Passed 3-12-73, eff. 3-20-73)
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any property which has been designated a landmark or which is situated in a designated landmark district that does not involve a change in design, material color or outer appearance thereof, nor to prevent any environmental change that the Division of Building, Division of Fire or Department of Public Health and Welfare shall certify in writing is required by the public safety because of an unsafe or dangerous condition.
(Ord. No. 84-71. Passed 6-21-71, eff. 6-23-71)
The Secretary to the Landmarks Commission is hereby authorized to enter into contract for the making of plaques which identify Cleveland landmarks and landmark districts and to sell such plaques to be used to mark individual landmarks and properties within landmark districts at a fee of two hundred dollars ($200.00) per plaque.
(Ord. No. 1881-93. Passed 9-13-93, eff. 9-16-93)
(a) Every Owner, operator, or agent of any property which has been designated a Landmark or is situated in a designated Landmark district shall keep in good repair all of the exterior portions of each Improvement and Improvement parcel and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portion of such Improvement or Improvement parcel to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. Every Owner, operator or agent of any property which has been designated a Landmark or is situated in a designated Landmark district shall further keep in good repair all portions of each Improvement and Improvement parcel which, if not so maintained, may cause or tend to cause such portions to deteriorate, decay, or become damaged or otherwise fall into a state of disrepair.
(b) The repair and maintenance required by this section includes, without limitation:
(1) Developing and implementing a maintenance and monitoring plan for protecting each Improvement and Improvement parcel.
(2) Structurally stabilizing each Improvement and Improvement parcel by taking all steps necessary to ensure:
A. The roof is watertight;
B. Gutters are properly pitched and cleared of debris;
C. Downspout joints are intact;
D. Drains are unobstructed;
E. Windows and door frames and wood siding are in good condition;
F. Masonry walls are properly tuck-pointed to keep out moisture;
G. The Improvement parcel is graded for proper water run-off;
H. Vegetation is cleared from around each Improvement; and
I. Trash, debris and hazardous materials such as inflammable liquids, poisons and paints are removed from the interior of each Improvement and from the Improvement parcel on a continuous basis.
(3) Exterminating or controlling pests, including termites and rodents.
(4) Protecting each Improvement from moisture penetration.
(5) Securing each vacant Improvement and Improvement parcel from vandalism and break-ins including, without limitation:
A. First floor windows and doors must be secured as provided in Section 3103.09 of the Codified Ordinances of the City of Cleveland, Ohio, 1976;
B. Plywood must be painted black or if the structure is composed of brick, a color compatible with the color of the brick;
C. The method used to install the plywood may not result in the destruction of the opening covered and all sashes, doors and frames must be protected or stored for future use;
D. Battery-operated intrusion alarms must be installed on the first floor of each Improvement;
E. Battery-operated smoke alarms must be installed on all floors of each Improvement;
F. Adequate security lighting must be installed on each improvement and adequate security lighting or fencing or both must also be installed on each Improvement parcel where deemed necessary by the Commissioner of Buildings and Housing.
(6) Providing adequate ventilation to the interior of each vacant Improvement.
(7) Securing or modifying utilities and mechanical systems for each vacant Improvement.
(8) Taking such other steps deemed necessary by the Commissioner of Building and Housing.
(c) Every Owner of any property which has been designated a Landmark or is situated in a designated Landmark district shall, when the Commissioner of Building and Housing deems it necessary to preserve the public peace, property, health or safety, furnish and file with such Commissioner a bond in the penal sum of fifteen thousand dollars ($15,000.00) to be approved as to form by the Director of Law, guaranteeing full and faithful compliance by the Owner with the requirements of this section, binding the surety thereon to correct or abate any violation of this section whenever the Owner refuses, neglects or fails to correct or abate such violation within a reasonable time limit set by such Commissioner.
(d) Every Owner of any property which has been designated a Landmark or is situated in a designated Landmark district shall designate in writing the name, current address and telephone number of a natural person residing within Cuyahoga County who is authorized by the Owner to act for the Owner and receive any notices under this section. Such natural person must be of sound mind and at least eighteen years of age. Every Owner shall notify the Commissioner of Building and Housing in writing of any change in the name, address and/or telephone number of the natural person designated in this section.
(e) The provisions of this chapter shall be in addition to all other applicable provisions of the Building Code of the City of Cleveland. Where provisions conflict, the provision imposing the stricter requirement shall control.
(f) It shall be the duty of the Division of Building and Housing to enforce this section. The Cleveland Landmarks Commission, on its own initiative, may notify the Division of Building and Housing and request that the Commissioner of Building and Housing proceed to take action against any Owner, operator or agent who, in the opinion of such Commissioner, is in violation of his section.(Ord. No. 1146-95. Passed 12-18-95, eff. 12-26-95)
(a) Any person violating the provisions of this chapter by failing to perform any act required by this chapter or performing any act which is prohibited by this chapter shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(b) Notwithstanding the provisions of subsection (a) hereof, in the event any environmental change is made in any property which has been designated a landmark or which is situated in a landmark district, in violation of the provisions of this chapter, the City may institute appropriate proceedings to prevent such unlawful environmental change.(Ord. No. 84-71. Passed 6-21-71, eff. 6-23-71)