The Ctty of South Euclid SCH Edu Le of M Eettng: January 25,2O1O 8:oo PM

THE CTTY OF SOUTH EUCLID
S C HE D UL E O F M E E T T N G
JANUARY 25,2O1O
8:OO PM
1. PLEDGE OF ALLEGIANCE
2. ROLL CALI.
3. OPEN MEE ING
4. REPORT OF COMMITTEES
SAFETY COMMTTTEE
1. ORDINANCE 53-09 AN ORDINANCE CREATING NEW SECTION 331.44
*PROHIBITING
THE USE OF WIRELESS HANDSETS TO
TEXT MESSAGEAND ENGAGE IN OTHER FORMS OF
COMMUNICATION WHILE DRIVING" OF CHAPTER331
*OPERATION
GENERALLY"OF PART THREE *TRAFFIC
CODE" OF THE CODIFIED ORDINANCES OF THE CITY OF
SOUTH EUCLID, OHIO. THIRD READING.
RECREATION ( OMMITTEE
1. ORDINANCE 54-09 AMENDING SECTION 933.O7, FEES FOR USE, AS
CONTAINED IN CHAPTER933, MUNICIPAL SWIMMING
POOLS OF PART NINE STREETS AND PUBLIC SERVICES
CODE OF THE CITY OF SOUTH EUCLID; SETTING
ADMISSION FEES, SEASON PASSES,SPECIAL PROGRAMS,
AND RECIPROCITYWITH THE CITY OF LYNDHURST FOR
THE USE OF THE MUNICIPAL SWIMMING POOLS AND
SPLASH PARK BY RESIDENTS OF THE CITY; AND
DECLARINGAN EMERGENCY.SECOND READING.
5. LEGISLATION REOUESTED BY THE PLANNING COMMISSION
1. RESOLUTIO]J02-10 GRANTING A CONDMONAL USE PERMIT TO HAVEN HOUSE

INTERGENERATIONAL PROGRAM, INC AT 533 SOUTH
GREEN ROAD IN THE CITY OF SOUTH EUCLID, OHIO;
AND DECLARING AN EMERGENCY.FIRST READING.
6. MAYOR'S FI:EPORT
7. LEGISLATION REQUESTED BY THE MAYOR AND ADMINISTRATION
1 . O R D T N A N C E0 3 - 1 0 AMENDING SECTION L25.O4 *CHARGES FOR REPORTS AND

RECORDS" OF CHAPTER 125 *DEPARTMENT OF FINANCE"
OF PART ONE *ADMINISTRATIVE CODE" OF THE CODIFIED
ORDINANCES OF THE CITY OF SOUTH EUCLID, OHIO.
FIRST READING.
2. ORDINANCE 04-10 AMENDING CHAPTER131*DEPARTMENT OF PUBLIC

SAFETY" OF PART ONE *ADMINISTRATIVE CODE" OF THE
CODIFIED ORDINANCES OF THE CITY OF SOUTH EUCLID,
OHIO; AND DECI-ARINGAN EMERGENCY.FIRST READING.
3. ORDINANCE 05-10 AMENDING SECTION 521.11 'RAT HARBORAGE"OF

CHAPTER 521 *HEALTH, SAFETY, AND SANITATION" OF
PART FIVE *GENERAL OFFENSES CODE" OF THE CODIFIED
FIRST READING.
Page I of2
I
4. ORDINANCE 06-10 AMENDING SECION 905.06 *REPAIR BY CITY; NOTICE"
AND SECTION 905.07 *COST OF REPAIR BY CITY" OF
CHAPTER 905 *SIDEWALKS, CURBS, AND GUTTERS" OF
PART NINE "STREETS AND PUBLIC SERVICES CODE" OF
THE CODIFIED ORDINANCES OF THE CITY OF SOUTH
EUCLID, OHIO. FIRST READING.
5. ORDINANCE 07-10 AMENDING SECTION 1405.20 *MAINTENANCE OF ROOFS,

GUTTERS, AND DOWNSPOUTS" OF CHAPTER 1420 *BASIC
STANDARDS FOR RESIDENTIAL OCCUPANCY"OF PART
FOURTEEN*HOUSING CODE" OF THE CODIFIED
FIRST READING.
6. ORDINANCE 08-10 AMENDING SECTION T4LL.O2 *NONRENTAL PROPERTY

INSPECTIONS" OF CHAPTER 1411 *COMPLIANCE AND
ENFORCEMENT"OF PART FOURTEEN*HOUSING CODE" OF
7. ORDINANCE 09-10 AMENDING SECTION L4LL.O4 *NOTICE OF VIOLATION" OF

CHAPTER 1411 *COMPLIANCE AND ENFORCEMENT"OF
PART FOURTEEN *HOUSING CODE" OF THE CODIFIED
ORDINANCES OF THE CTTYOF SOUTH EUCLID, OHIO.
FIRST READING.
8. ORDINANCE 10-10 AMENDING CHAPTER 1412 *NOTIFICATION OF

FORECLOSUREFILING" OF PART FOURTEEN *HOUSING
CODE" OF THE CODIFIED ORDINANCESOF THE CITY OF
SOUTH EUCLID, OHIO. FIRST READING.
e
9 . O R D I N A N C E1 1 - 1 0 CREATING NEW CHAPTER 1414 *CERTIFICATES OF
REGISTRATION AND OCCUPANCY FOR VACANT BUILDINGS"
OF PART FOURTEEN *HOUSING CODE" OF THE CODIFIED
FIRST READING.
1 0 . O R D I N A N C E1 2 - 1 0 AMENDING SECTION 1510.01 *ADOPTION OF OHIO FIRE

CODE; CTTY OF SOUTH EUCLID FIRE PREVENTION CODE
DEFINED; FILE AND DISTRIBUNON OF COPIES" OF
CHAPTER 1510 *CITY OF SOUTH EUCLID FIRE PREVENTION
CODE" OF PART FIFTEEN "FIRE PREVENTION CODE" OF
8. LAW DTRECTOR'S REPORT
9. LETTERS AND COMMUNICATIONS
1(). ADJOURN
Page 2 of2
I
CITY OF SOUTH EUCLID. OHIO
ORDINANCE NO.: 53-09 _ November 23. ZOO9

INTRODUCED BY: Romeo- As Amended in Cornrnittee:
REQUESTED BY: Miller December 28. 2OO9
AN ORDINANCE
A N O R D I N A N C E C R E A T I N ( i N E W S E C T I O N 3 3 1 . 4 4 . ' P R O H I B T T T N - CT H E U S E O F
WTRELESS HANDSETS TO TEXT MESSACE AND ENGAGE IN OTHER FORIVTS
OF COMMUNICATTON \MHILE DRIVtNG" OF CHAPTER 33I "OPERATION
CENERALLY'' OF PART THREE "TRAFFIC CODE'' OF THE CODIFIED
ORDINANCES OF THE CITY OF SOUTH EUCLID, OHtO.
W H E R E A S , t h e C o u n c i l o f t l ' r eC i t y o f S o u t h E u c l i d b e l i e v e s t h a t r e g u l a t i o n o f
wireless handset usc while driving is necessary for the health and safety of the citizens.
NOW THEREFORE BE IT ORDAINED by the Council of the City of South Euclid,

Ohio:
Section I : That Ne"v Section 33 | .44 "Prohibiting the Use of Wireless Handsets ro Text
Message and Engage in Other Forms of Communication Wl-rile Driving" of Chapter
331 "Operation Generally" of Part Three "Traffic Code" of the Codified Ordinances of
the City of South Euclid, Ohio be hereby creared to read as follows:
33I.44 PROHIBITING THE USE OF IVIRELESS HANDSETS TO TEXT

MESSAGE AND ENGAGE TN OTITER FORfuTS OF COfuIfuIUNICATTON lVHILE
DRI\/TNG
(a) For the purpoiB of this section. the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
I . "Text Message" trleans a message in the process of being composed,

sent, or received via a process using wireless handsets. For the purposes of this section,
an e-rnail shall be considered a "text message."
2. 'sEngage in Other Forms of Comnrunication" means to use a

wireless handset to dial, answer, talk, and./or listen, or to use a computer.
3- "Wireless Handset" means a portable electronic device capable of

transmitting or receiving data in the form of a text message and capable of
engaging in the other forms of communication defined in Division (2) above.
4. "Computer" means a portable electronic device capable of

transmitting and/or receiving data.
(b) No person shall use a wireless handset or a computer to compose, send, or

read text messages or engage in other forrns of communication as defined in Sub-
Section (a), Division (2), while driving a motor vehicle in the City of South Euclid,
Ohio.
(c) Notwithstanding the provisions of division b, this section shall not be

construed to prohibit the use of a wireless handset or computer inside a motor vehicle to
compose, send, or read a text rnessage or engage in other forms of communication as
defined in Sub-Section (a), Division (2) when;
l. A driver is using a wireless handset to contact any law enforcement,

police officers, emergency services personnel, emergency medical technicians, or fire
safety oft-rcials to report an emergency situation; or
2. A driver is using a wireless handset inside a motor vehicie when such
vehicle is parked, standing, or stopped and is removed from the flow of traft-rc, in
accordance with applicable laws or rules, or is stopped due to the inoperability of such
vehicle; or
3. A driver is using a wireless handset connected to a hands-free

device which allows the driver to maintain both hands on the vehicle's steering
device while the vehicle is operatingl or
4. Safety and Service Personnel are using such communication devices

as defined in Sub-Section (a) in the course of their work, they are exempt from the
provisions of this Ordinance.
(d) Penalty. Whoever violates this section shall be fined one hundred dollars for
the first offense, two hundred and fifty dollars for the second offense, arrd no more than
five hundred dollars for each subsequent offense.
Section 2: That is hereby fbund and determined that all formal actions of this
Council concerning and relating to the passage of this Ordinance were adopted in an open
meeting of this Council, and that all deliberations of this Council and any of its
committees on or after November 25, 1975, that resulted in such fonnal action were in
meetings open to the public in compliance with all legal requirements, including Section
121.22 of the Ohio Revised Code.
Section 3: That this Ordinance shall not be enforced prior to April 1,2OlO in
order to provide the public with the necessary educrtion period so the Ordinance
may preserve the public peace, health and safety of the citizens of the City of South
Euclid, Ohio.
Passed this r day of 20e9lo-
David B. Miller, Council President
Attest: Approved:
Keith A. Benjamin. Clerk of Council Georgine Welo, Mayor
Approved as to forrn:
Michael P. Lograsso, Director of Law

I
CITY OF SOUTH EUCLID. OHTO
ORDINANCE NO.: 54-09 December 28, 2OO9

TNTRODUCED BY: Romeo
REQUESTED BY: Miller
AN ORDINANCE
A M E N D T N C S E C T I O N 9 3 3 . O 7 .F E E S F O R U S E , A S C O N T A I N E D I N C H A P T E R 9 3 3 .
MUNTCIPAL SWIMTVING POOLS OF PART NINE STREETS AND PUBLIC SERVTCES
CODE OF THE CITY OF SOUTH EUCLIDI SETTING ADMISSION FEES. SEASON
PASSES, SPECTAL PROCRAMS, AND RECIPROCITY WITH THE CITY OF
LYNDHURST FOR THE USE OF THE MLINIICIPAL S\^/IMMINC POOLS AND SPLASH
PARK BY RESIDENTS OF THE CITY: AND DECLARING AN EMERGENCY.
BE IT ORDAINED by the Council of the City of South Euclid, Ohio:
Section l: That Section 933.O7,Fees for Use, as contained in Chapter 933, Municipal Swimrning Pools
of Part Nine-Streets and Public Services Code of the Codified Ordinances of South Eurclid be and the same is
hereby amended to read as follows:
"933.O7 ADMISSION FEES; SEASON PASSES; AND SPECIAL PROCRAMS.

The charge for use of the municipal swimming pools and splash park by residents of
the City of South Euclid shall be as follows:
(a) Season passes for residents of the City of Sor-rthEuclid for each seasoncommencing with
the swirnming season z€eg 20f 0 shall be Fifty Five (S55.OO)each, with a maximurn cost
of One Hundred and Fifty Dollars (Sl5O.OO) per family. Each Farnily pass shall allow
tbr up to a maxitnum of 4 family member entrances, with any additional family melnbers
added for S5.OOper person. There will be no charge for senior citizens 6O years and over,
nor is there a charge for those persons who are medically certified as being physically
disabled.
Residents applying for passes or adrnission must present proper identification showing
residence in the City of South Euclid, such as a valid Driver's License, State-issued tD,
lease agreement or current financial docurnent. All employees of the City of South
Euclid, regardless of their residency, may purchase a single or f-amily swim pass.
Season passes shall not be sold to any child under the age of six (6) years old. All
children five (5) and under will be admitted free, but must be accornpanied by an adult
who has a season pass or pays admission or by a young adult, fburteen ( 14) years or over,
with a note of request signed by the parent or guardian.
"Family," as used in this section, means the members of a household living as a

single housekeeping unit in a dwelling unit who are related to the nominal head
of the household or to the spouse of the nominal head of the household, and
includes:
(l) Husband or wife of the nominal head of the household:

and
(2) (Jnmarried children of the nominal head of the

household, provided, however, that such unmarried
children have no children residing with thern.
A family may consist of one individual.
Upon presenting proper identification showing residence, such as a valid Driver'F

License, State-Issued ID, lease agreement or current financial document, summer guests
of South Euclid residents or residents of Richmond Heights who attend the South
Euclid-Lyndhurst School District may purchase South Euclid individual non-resident
season passes for Seventv-five Dollars (S75.OO)each. There will be no family rates for
non-resident passes.
Continued...
Ord. 54-09 , Page 2 December 28. 2009
(b) Single admission fee for South Euclid residents shall be Five Dollars (-S5.OO)per
person; single admission tickets for non-residents of the City shall be Six Dollars
(56.OO) per person. Such non-residents shall be a guest of a resident and shatl be
accompanied at all tirnes during the use of the swimming t-acilitiesby the resident host.
Guests and resident hosts shall sign their names into a registration log sheet provided
for guests. Not rnore than six (6) guests rray accompany one South Euclid farnily per
day. The resident host shall vouch for the good behavior and conduct of his or her
guests while using the City pool facilities.
Conditioned on reciprocity rights being granted by the City of Lyndhurst to South

Euclid residents who are season swimrning pass l-rolders,Lyndhurst residents who are
season swimming pass hotders of that City will be permitted the useof South Euclid
swimming pools.
Lyndhurst residents who are swimrning pass holders of that City and participants in the
SELREC Day Camp Program will be permitted the use of the South Euclid swirnming
pools without pa)ment of an admission charge so long as and during such periods as
reciprocity is granted by the City of Lyndhurst to South Euclid residents who are season
slvimming pass holders.
Non-resident children who do not have season swirn passesand who are enrolled in the
SELREC Camp Program or a duly licensed charitable South Euclid based sufftmer carnp
prograrrr must pay for a Twenty dollar (S20.00) non-resident camper pass for adrrrission
to the South Euclid Pools, providing the City of Lyndhurst reciprocates in the admission
of South Euclid children to the pools of that City on a similar basis. The South Er-rclid-
Lyndhurst Recreation Commission will collect the non-resident camper fee and rernit
the same to the City of South Euclid.
(c) A one week pass may be purchased at the rate of Twentv-Five Dollars (S25.OO) per
season by non-resident house guests of South Euclid residents. Said pass shall be issued
in the name of the guest, dated and be non-transferable.
(d) Regular season pass holders, including non-resident pass holders, may palticipate in the
Learn-To-Swim prograrn by purchasing a Learn-To-Swim pass for Twentv Dollars
(S2O.OO)per individual Learn-To-Swirn coLrrsebased on three (3) tlrree-week sessions.
First preference for Learn-To-Swim courses must be otl'ered to South Euclid residents,
and then to non-residents of the City of South Euclid and those otherwise eligible to
purchase season passes may participate in the Learn-To-Swim program by purchasing a
Leam-To-Swim pass for Twenty Dollars ($2O.0O) and paying admission to each lesson.
The Learn-To-Swim program shall include special coLlrsesof instruction as met with
the approval of the Pool Supervisor. The competitive prograffr shall be open only to
South Euclid residents who are season pass holders.
Diving lessons shall be Twenty Dollars (S2O.OO)per three-week session.
American Red Cross Basic Water Rescue, Lifeguarding, and Water Safety Instructor
Courses shall be off-ered at the rate of the providing organization.
Non-pass holders who are residents of the City of South Euclid may participate in the
above mentioned courses, upon payrnent of the daily admission charge AND any
applicable tuition fee for each lesson. Pool employees may participate in Basic Water
Rescue and Life-guarding at no admission cost.
(e) There shall be no refunds for season passes or Learn-To-Swirn from and after the date
that the swimming pools have opened.
(o There shall be a charge of Fifteen Dollars ($ l5.OO) for replacement of a lost pass.
Continued...
--t
Ord- 54-09 , Page 3 Decernber 2a,2OO9
(g) In addition thereto, the Director of Public Service shall establish such miscellaneous
charges as may be necessary to compensate the City for costs due to loss, destruction or
misuse or retention of equrpment.
(h) Private parties hosted by a South Euclid resident at Bexley Pool witl be authorized
during the hours of 6:30 p.m. to 8:3O p.m. on Sundays only. A fee of One Hr-rndred
Seventy Dollars (S 17O.OO)tbr the rental will be charged. If the pool is closed due to
rain or cold weather on the scheduled pool party date, another date may be selected
(upon availability) or a refurnd given.
ln the event of damage, the party concer-nedwill be responsible for any and all damage
done. A non-refundable deposit of Twenty-five Dollars (S25.OO)shall be required at
the tirne of setting and securing the date of rental tbr each private party. No more than
two hundred (200) people shall be permitted at a private parry.
All regulations currently in eft-ectand as required by Ordinance tbr the use of the pools
are applicable to private parties. A person twenty-one ('r 1) years of age or olcler shall be
present at the private party and responsible for the condr-rctof persons present and any
damages to property."
(i) Splash Park: A valid South Euclid pool pass; or Splash Park Pass is reqr-rired fbr
admission by anyone age l3 and under, including children under the age of 6 and those
adults not accompanied by children. Splash Park passes are available only to South
Euclid residents, residents of Lyndhurst, and those residents of Ricl'rmond Heights who
attend the South Euclid-Lyndhurst City Schools, upon presenting proper identification,
per Section I (a). All employees of the City ot' South Euclid, regardless of their
residency, rnay purchase a single or family Splash Park pass.
Season passes for trse of the Splash Park at Quarry Park only shall be S35 fbr an
individual or t'amily of up to tbur people. $5 for each additional pass. Residents of South
Euclid, Lyndhurst, and those residents of Richmond Heights who attend the South Euclid-
L5mdhurst City Schools, may plrrchase daily passes for 53 per day. per child.
All children under the age of l2 must be accompanied byan adult or by a yourlg adult,
fourteen ( l4) years or over, with a note of request signed by the parent or guardian.
Adults, defined as a person tburteen ( l4) years or over, accornpanied by children, will not
l'rave to pay an admission fee to enter the Splash Park. Those adults who are not
accompanied by children will be required to purchase a daily pass for 53 per day, per
person, to enter the Splash Park.
Individuals who do not reside in South Euclid, Llrndhurst, orthe portion of Richmond
Heights served by the South Euclid-Lyndhurst Schools, will be admitted to the Splash
Park upon paying a 55 daily adrnission fee. Non-residents are not eligible to purchase a
season pass. Non-resident adults accompanied by children will not be charged an
admission fee. Non-resident unaccompanied adults will be reqtrired to pay a S5 admission.
fee to enter the Splash Park.
The Splash Park will operate between the hours of lO:30 a.m.-7:3Op.m.
j- All Pool and Splash Park passes are nontransferable.
Section 2: That existing Section 933.07, Fees for Use, as contained in Chapter 933, Municipal
Swimrning Pools of Part Nine-Streets and Public Services Code ofthe Codified Ordinances of South Euclid and
all other ordinances or parts of ordinances inconsistent herewith, be and the sarne are hereby expressly repealed.
Section 3: That except as herein amended and supplernented all the provisions of Chapter 933, Municipal
Swimrning Pools of Part Nine-Streets and Public Services Code of the Codified Ordinances of South Euctid
shall remain in full force and effect.
Continued...
Ord. 54-09 , Page 4 December 28, 2009
Section 4: That it is hereby found and determined that all fonnal actions of this Council concerning
and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all
deliberations of this Council and any of its cornrnittees on or after November 25, 1975, that resulted in such
formal action were in meetings open to the public in cornpliance with all legal requirements, including
Section 121.22 of the Ohio'Revised Code.
Section 5: That this Ordinance is hereby determined to be an elnergency measure necessary tbr the
immediate presewation of the public peace, health, and safety and for the further reason that same et'fects the day
to day business of a department of the rnunicipality. Wherefore, this ordinance shall take eftbct upon passage and
approval
Passed this day of 20e910.
Attest: Approved:
Keith A. Benjamin, Clerk of Council Georgine Welo, Mayor
Approved as to form:

I
RESOLUTION NO.: 02-lo January 25, 20l 0

INTRODUCED BY; Miller
REQUESTED BY: Plannine Commission
A RESOLUTTON
CRANTING A CONDITTONAL USE PERMIT TO HAVEN HOUSE

INTERCENERATIONAL PROCRAM, INC AT 533 SOUTH CREEN ROAD TN THE CITY
OF SOUTH EUCLID, OHIO; AND DECLARING AN EMERGENCY.
WHEREAS. the City of South Euclid recognizes that various public and private
institutions and facilities are essential to the commr_rnity;and
wHEREAS, the Planning Commission. after carefi-rlstudy, has recommended to Council

in a vote of 5-0-0 that a Conditional Use Permit be granted to Haven House lntergenerational
Program, [nc., a Child Daycare Center ar 533 South Green Road; and
WHEREAS, notice of a public hearing on the atbresaid requested Conditional Use Permit
has been duly given, and a full pr-rblic hearing has been held thereon by the Planning
Colnmission pursuant to such notice and as prescribed by larv: and
\VHEREAS, the Council of the City of South Euclid deems that the aforesaid Conditional
Use Permit should be given in that a hardship exists in the land and that the standards set fonh in
Clrapter 722 of the South Euclid Zoning Code have been achieved.
NOW THEREFORE, BE tT RESOLVED by the Council of the City of South Euctid, Ohio:
Section l: Tl-rat a Conditional Use Permit is hereby granted to Haven House

lntergenerational Prograrn, Inc..at 533 South Green Road, per the following conditions:
Condition l: The proposed play area shall have direct access to the daycare
facility.
Condition 2: The fencing shall have an "exit" only gate tbr emergency use only.
Condition 3: The Day Care shall comply with all State and City regulations pertaining
to child daycare facilities.
Condition 4: The parking spaces are to be utilized for pick-up and drop-otTof children to
prevent queuing and to have this condition stated within the "Parent-Provider Day Care
Agreement."
Condition 5: Establish a dedicated entrance and exit for cars to enter and exit the property.
Section2: That it is hereby found and determined that all fonnal actions of this Council
concerning and relating to the passage of this Resolution were adopted in an open meeting of this
Council, and that all deliberations of this Council and any of its committees on or after
November 25,1975, that resulted in such formal action were in meetings open to the public in
compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 3: That this Resolution is declared to be an emergency measure necessary for the
preservation of the public peace, health and safety and fbr the further reason that a vital function
of the municipal goverrlment is affected thereby. Wherefore, this Resotution shall take eFfect and
be in full fbrce from and after the earliest period allowed by law and upon signature of the
Mavor.
Passed this day of 201o.
L of 2
David B. Miller. President of Council
Attest: Approved:

Approved as to Form:
2 of 2
CTTY OF SOUTH EUCLID. OHIO
ORDINANCE NO.: 03- l0 January25, 20l0

INTRODUCED BY: Miller
REQUESTED BY: Mavor
AN ORDINANCE
AMENDING SECTION I25.04 "CHARGES FOR REPORTS AND RECORDS'' OF CHAPTER I25
..DEPARTMENT OF FINANCE'' OF PART ONE "ADMINISTRATTVE
CODE'' OF THE CODTFIED
ORDINANCES OF THE CITY OF SOUTH EUCLID. OHIO.
WHEREAS, there exists the need to arnend the charges for reports and records in order to account tbr
changes in the Ohio Revised Code and the increased costs incurred by the City of South Euclid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of South Euclid. Ohio:
Section I : That Section 125.O4"Charges for Reports and Records" of Chapter 125 "Department of Finance"
of Part One "Administrative Code" of the Coditied Ordinances of the Citv of South Euclid. Ohio be hereby arnended
to read as follows:
125.O4 CHARCES FOR REPORTS AND RECORDS
The fbllowing charges are hereby established for the reports and records indicated:
Police and Fire reports, per side $ No t'ee - first report (Residents only)
Police reports except accident reports $. I 0 a page plus postage unless picked up.
EMS Reports S.lO a page ph-rspostage unless picked up.

Police accident reports S4.0O, or the rate established in the O.R.C under
Section 5502. 12, whichever is higher.
Each page (a page shall be considered one side of a piece of paper) thereafter, will be provided at a cost of ten
cents ($. I O) per page.
Duplicate Polaroid S 1.50 per photo
Compact Disc( s)/DVD(s) S?-ee $3.O0 each

Video Tape(s) S5.OOeach
Fingerprinting $5.OOper card
Tow Release s25.OO
Ordinances and Resolutions, per page Up To $ . tO (ten cents) per page
Provided, however, that each person attending a meeting of Council shall be entitled to receive a free copy of
each Ordinance and Resolution on the agenda, other than those listed under the Mayor's report for referral to
committee.
House Number Map s7.50

Zoning Map $7.50
City Charter s5.00
Complete set of Codified Ordinances: bound: s l90.oo
soft cover: s t 65.oo
Traffic Code s25.OO
General Offenses Code s35.OO
Zoning Code s30.oo
Ord. 03-l0,page2 January 25,2OlO
Building and Housing Code (combined) S15.OO
Fire Prevention Code S | 0.0O
Business Maintenance Code S5.0O
Photograph" SZ.OO
Tabulation of special assessments, each parcel S.25
All Other Public Records Requests Not Defined Up To S.l0 (ten cents) per page
Section 2: That all Ordinances and Resolutions or parts thereof which are in contlict or inconsistent with any
provisions of this Ordinance are hereby repealed.
Section 3: That it is hereby found and detennined that all formal actions of this Council concerning and
relating to the passageof this Ordinance were adopted in an open meeting of this Council, and that all deliberations
of this Council and any of its committees on or after November 25, 1975. that resulted in such forrnal action were in
meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised
Code.
Section 4: That this Ordinance is deerned to be an emergency measure necessary for the imrnediate
preservation of the public peace, health, and safety and for the fi-rrtherreasorl that vital functions of the municipal
govemment in the various administrative departments are aft-ected hereby. Wherefore, this Ordinance shall take
effect upon signature of the Mayor.
Passed this dav of 201o.
David B. Miller, Council Presictent
Attest: Approved:
Michael Lograsso, Director of Law

ORDINANCE NO.: O4-lO J a n u a r y2 5 , 2 O l O

REQUESTED BY: Mayor
AN ORDINANCE
AMENDTNG CHAPTER I3I "DEPARTMENT OF PUBLIC SAFETY'' OF PART ONE

..ADMTNISTRATTVE CODE'' OF THE
CODIFIED ORDINANCES OF THE CITY OF
SOUTH EUCLID, OHIO; AND DECLARTNG AN EMERCENCY.
WHEREAS, the Council of the City of Soutl'r Euclid recognizes the need to periodically
update the Administrative Code as changes are tbund to be necessary.
NOW THEREFORE BE IT ORDAINED, by the Council of the City of South Euclid, Ohio:
Section I : That Chapter l3 I "Department of Public Safety" of Part One "Administrative

Code" is hereby amended to read as follows:
CHAPTER 13T DEPARTMENT OF PUBLTC SAFETY:
l3t.Or DIRECTOR OF PUBLTC SAFETY: APPOINTMENT.

The Director of Public Sat-ety shall be appointed by and serve at the pleasure of the Mayor; and
sl'rall be a resident of the City or becorne a resident of any cornrnunity within a radius of eighte€n
twenty five rniles of the City ',vithin six months, unless otherwise waived by the Mayor.
l3l.O2 DIRECTOR OF PUBLIC SAFETY: DUTIES.

The Director of Public Saf,ety, under the sr"rpervisionof the Mayor, shall perfonn all duties
required of him by Article V of the Charter, and shall be the executive and administrative head of
the Police and Fire Departments and shall have all powers and duties connected with, and
incident to, the governlnent of such departments eKcept as lnay be otherwise provided by law;
and subject to the approval of the Mayor, he shall promulgate, issue and administer rr.rlesand
regulations for the goverrlance of the Police and Fire Departrnents. their rnembers and divisions.
relating to their duties and functions, and such other duties as may be required by ordinance or
law.
13I.O3 CITY ANIMAL IVARDEN.
, There is established in the Department of Public Safety the position of City Anirnal Warden
who shall be appointed by the Mayor.
I3I.O4 IMPOUNDING OF ANIMALS.
(a) The City Anirnal Warden or any person having the ar.rthorityof a police ofticer in the
City shall enforce the laws of the State and the City relative to the impounding of anirnals, and
shall take up and impound animals at large in public or private places in violation of Chapter 5O5
of the General Offenses Code.
(b) The City Animal Warden shall keep a record of all animals seized and impounded. shall
be responsible for the collection of charges provided in this chapter for the taking up or boarding
of any animals and shall have general supervision of the City Pound. He shall tum over all
moneys together with a complete record of his activity for the month at the end of each month to
the Director of Finance.
131.Os POLICE DEPARTMENT: COMPOSITION .AN+€€ND.
The Police Departrnent may be organized and composed of the following officers,
patrol officers and other members who shall receive the respective salaries and compensation
provided, payable biweekly. The total complernent of sworn personnel shall not exceed forty-
eight, and any appointrnents to such classifications and vacancies therein, rnay be filled upon the
sole discretion of the Mayor.
(a) One (l) Chief of the Police Department.
(b) NeFmeret+aft One Assistant Cl-rief, selected and appointed by the Police Chief, a*er
'frorntherarrkoflieurenarrt,toassisttlrePolice
Chief in theperformanceof his duties and to perform such otherduties of the Police Departrnent
a s s h a l l b e a s s i g n e dt o h i m . T h i s d o e s n o t c o n s t i t u t e a p r o m o t i o n . U p o n t h e t e r m i n a t i o n o f
their service as Assistant Chief, they shall revert to the civil service status held by them at
the time of their appointment and reassigned.
(c) Not more than six Lieutenants. one of whorr may be the Assistant Chief:
(d) Not more than nine Sergeants.
(e)Notmorethan@thirty-sixpatro|officerswhoslrallbeplacedin
one of three classes designated Class "C", Class "B" and Class "A", such classification beir-rg
made on the basis of ability and experience. Every petrel{naft patrol officer shall, upon
certification and appointment, be designated a Class "C" patrel+nen patrol officer, and shall not
be eligible for advancement in classitication for a period of one year from the date of his/her
appointment. No member of the Department appointed a Class "B" pe+retmen patrol ofticer
shall be eligible for advancement as a Class 6',4,"pat+elmen patrol officer until he/she has served
at least 9O days as a Class "8" pa+re+r*aapatrol officer. Advancernents in classification shall be
made by the Mayor.
(fl) One Traftic Cornmissioner, to be appointed by the Police Chief, from within the
classifications in subsections (c), (d) and (e) hereof. This does not constitute a promotion and the
rank of the person selected shall remain the same. Upon the termination of their service as
Traffic Comrnissioner they shall revert to the civil service status held by them and
reassigned.
(g) Such special pe+ieemeh police officers, not exceeding 12, as may be necessary to
perform work as required by the Police Chiet'.
(h) The Police Chief, @, rnay appoint any pa+re{man patrol

officer or officer to plain-clothes duty as he detennines the need reqtrires. This does not
c o n s t i t u t e a p r o m o t i o n a n d t h e r a n k o f t h e p e r s o n s e l e c t e c ls h a l l r e m a i n t h e s a m e . U p o n
the termination of their service as a Detective thev shall revert to the civil serwice status
held by them and reassigned.
131.05I AUXILIARYPOLICE.
(a) Pursuant to Ohio R.C. 737.05 l, there is hereby established an Auxiliary Police Unit in
the Division of Police. Such Unit shall consist of a membership not exceeding 30 persons, who
are preferably residents of the City and who shall be subject to appointrnent and removal by the
Director of Public Sat'ety. The Director shall promulgate rules and regulations for the
organization, training, administration, control and conduct of the Unit.
(b) Members of the Unit are not authorized to carry firearms, nor are they authorized to
entbrce the general criminal laws of the City or the State. Therefore, they are not required to
comply with certification by the Ohio Peace Officer Training Council.
(c) Members of the IJnit are not eligible for membership in the Police Disability and
Pension Fund, and they shall not be in the classified service of the Municipality.
(d) Each member of the Unit shall be paid. as corrrpensation for his or her work, such sum
as is authorizedby Council, and shall be eligible to receive disability or death benet-rtsthrough
Workers' Compensation.
131.06 POLICE DEPARTIVIENT: DUTIES.
The Police Department shall preserve the peace, protect persons and property, and obey and
enforce all ordinances of the legislative authority and all criminal laws of the State and the
United States.
-l
In addition to the foregoing duties, the Police Departrnent shall, in the event of an emergency,
assist the errrergency ambulance service by operating and driving the ambulance where uncler
such emergency conditions the Emergency Medical Technician-Ambulance (EMTA) firemen are
required to attend to the victims being transported. In such case, the responding police otflcer
shall be subject to the authority and direction of the attending EMTA firemen.
13I.065 COI\IPENSATION OF POLICE CHIEF AND ASSTSTANT POLICE CHIEF.
The Chief of the Police Departtnent base pay rate shall be comperlsated in the arrount of 7.Oo/o
over the Assistant Police Chief base rate of pay. The Assistant Police Chief base pay rate shall be
compensated in the amount of the existing officer differential, as set tbrth in the collective
bargaining agreement, between the City of Soutl-r Euclid and its Police Departrnent, over the
Lieutenant base rate of pay.
T31.07 FIRE DEPARTNyIENT: CONIPOSITION.
The Fire Department may be organized and composed of the following oft'icers, tirefighters
and other tnernbers who shall receive the respective salaries and cornpensation provided. payable
birveekly. The total complement of sworn personnel shall not exceed 40, and any appointrnerlts
thereto and vacancies therein, may be filted upon the sole discretion of the Mayor.
(a) One Chief of the Fire Department.
(b)oneAssistantClrief'selectedandappoirrtedbytheFireClrief@
tne+'+a:re+ from the rank of Captain, to assist the Fire Chief in the perfonnance of his duties and
to perform sttch other duties of the Fire Department as shall be assigned to him. Upon the
termination of their service as Assistant Chief they shall revert to the civil service status
held by them at the time of their appointment and reassigncd.
(c) Not rnore than three Captains.
(d) Not more than six Lieutenants.
(e) Not more than 29 fr-rll-time Frrefighters who shall be placed in one of three classes,
designated Class "A", "B" and "C", such classification to be made upon the basis of eibility and
experience. Every f-rrefighter shall, upon certification and appointrnent be designated a Class "C"
firefighter, and shall not be eligible for advancement in classification fbr a period of one year
from the date of his/her appointffrent. No mernber of the Departrnent appointed a Class "8"
tirefighter shall be eligible for advancement as a Class "A" firefighter until he/she has served ar
least 9€-days one year as a Class "B" firefighter. Advancements in classification shall be rnade
by the Mayor upon consultation with the Fire Chief.
(O One Fire Prevention Ottcer to be appointed by the Fire Chief from within the
classifications in subsections (c), (d) and (e) hereof. This does not constitute a promotion and the
rank of the person selected shall remain the same. Upon the termination of their service as
Fire Prevention Officer, they shall revert to the civil service status hetd by them at the time
of their appointment and reassigned.
I3I.75 COMPENSATION OF FIRE CHTEF AND ASSISTANT FIRE CHIEF.
The Fire Chief and Assistant Fire Chief shall be paid at a rate equal to the Chiet.s in the
Police Department, whose rate of pay is based on the existing officer dift-erential as set forth in
the collective bargaining agreement-
131.O8 FIRE DEPARTMENT: DUTIES.
(a) ( 1) The Fire Department shall provide the highest level of life and property safety.
through the extension of Fire Prevention, Fire Control, Emergency Medical and Public Education
Services.
(Z) In addition to the foregoing duties, the Fire Department shall funrish emergency
ambulance service in all cases of illness, injury and other bodily harm. Such emergency medical
service will be provided at the Advanced Life Support level and each ambulance shall be staff-ed
with a minimum of one Basic EMT-A and one Pararnedic.
(b) Each person receiving effrergency rnedical service frorn the City shall be charged a tbe
for each response as follolvs:
(l) BLS emergency transport one way S40O.OO
(2) ALS ernergency transport one way S550.OO
(3) ALS/BLS per mile transport one way SI O.OO
(c) Billing and collection of said fees shall be conducted by a professional service selected
by the Administration. Said professional billing agency shall have the power to accept insurance
assignments. Council shall determine by a policy attached to Ordinance No. 47-07, passed
November 26,2OO1 and made a part hereof those accounts urncollectible by law or hardship and
such accounts shall be reviewed by the Finance Director and forwarded to the designated
collection agency within 30 days.
(d) The Finance Director shall establish a fund, to be entitled the Safety Forces Vehicle
Fund, into which the first two hunclred thousand dollars (S200.0OO)annually collected pursuant
to this section will be deoosited.
I.3I.O9 IIOURS OF IVORK FOR FTFIEAAEN FIREFTGHTERS.
Mernbers of the Department of Fire shall work the three-platoon system, twenty-four
consecutive hours of duty and tbrty-eight consecutive hours otTduty. for a total average weekly
number of hours of fifty-four, effective +r*ne-+,++S+ January l,2OO4, except in case of
emergency or during vacation season when the Chief of the Depanrnent, in his discretion. may
adjust the hourly schedtrle to best fit the needs and efficiency of the Departrnent, and so that a
full platoon shall be on duty at all times.
13T.IO HOURS OF WORK FOR P€}S{EEA4+N POLTCE OFFICERS.
Members of the Department of Police rvork eight, ten, or twelve hour shifts depending on
their assignment, but shall not be required to work nrore than eight, ten, or twelve hours in any
one day nor more than €orty eighty hours in any erre.weel€ biweekly pay pcriod, except for
necessary appearances in court and emergency special duty assignments.
13I.I1 LOCKOUT SER\/ICE FEE.
(a) A charge of five dollars (S5.OO)shall be made for each respor"rseby the Fire Department
to provide access to premises by one who has locked hirnself there tiom.
(b) This section shall not apply to the t-rrst two occurrences at any location nor to a true
emergency as determined by the Director of Public Safety.
(c) All funds collected for such service shall be deposited in the Ceneral Fund.
13T.12 COST OF FEEDING PRISONERS.
On the presentation to the Finance Director of bills for food and strstenance for prisoners
while confined in the Municipal Jail, certified by the Chief of Police, the Finance Director shall
audit such bills and draw his order on the Treasury of the Municipal Corporation in favor of the
person presenting such bill, but the amount shall not exceed twenty-five dollars (S25.OO)per day
for any person so cont-rned.
I3I.I3 CONFIDENTIAL INVESTIGATION FUND.
(a) There is hereby created an account within the Police Department to be known as the
Confi dential Investieation Fund.
I
(b) Initially, such Fund shall be established and is hereby appropriated in the amount of
three hundred dollars (S3OO.OO).Thereafter, Council shall appropriate such additional sums as it
deerns necessary therefore. Such Fund shall be used for such purposes and in such manner as the
@Po|iceChiefdeertsnecessaryandhes1rallberesponsibletbrtlre
expenditures frort such Fr-rndand the accounting thereof. Frorn time to time, an accolrnting of the
expenditures frotn tl-re Furnd shall be rnade to the Mayor by the Di+ee+er Police Chief. Sucl-r
moneys shall be appropriated frorn the Contingent Fund.
I3I.I4 EIyTERGENCYALARIyTS.
(a) Authority to [nstall Alann. Any residence or business located within the City may be
equipped with an emergency alann for the plrrpose of detecting and signaling the presence of a
tire or unauthorized intr-usion upon cornpliance with this section. Existing installations shall be
subject to the requirements of this section, including those pertaining to pennits.
(b) Alarms Connected Directllz to Police Station or Fire Station.
(I) Upon proper application by any person to connect installed equipment to the South
Euclid police station or fire station to receive emergency alanns, the Mayor or his or her
aurthorized representatives may issue a permit or pennits tbr sr-rchconnection.
(2) Connection to the police alann panel or fire alarm panel, as provided tbr in
sr-rbsection(bX I ) hereof, shall be contingent upon the applicant having obtained pennission t}orn
the company which maintains the alarm panel in the police station or fire station to make sLlch
connection. Permission shall not be denied provided equipment is compatible, and provided
charges are paid to such company, and provided such installation is inspected and approved by
the Chief of Police or the Cl'rief of Fire or their authorized representatives.
(3) The City will. within its capabilities.endeavor to accommodate every reasonable
application for connection to the police or f-rrealann panels as provided tbr in subsection (bX2).
(c) False Alarms.
(l) A charge of tifty dollars (S5O.0O)shall be assessed for each false alarm received
through equipment described above, or tbr each false alann received on ar"lyother alan'n service
whicl"r the City has given pennission to be installed. Such fee shall be assessedagainst the alann
subscriber for the alarm with which the false alann is associated.
(2) Notwithstanding the fee to be assessedas set fortl-r above, no charge shall be made
for the first two false alanns within a six-rnonth period, nor shall there be any charge tbr a f,alse
alarm to which there is no response by the Police or Fire Departrnents, nor when the cause has
been proven to be an act of Cod.
(3) Any charge for a false alann, as provided for irr subsection (cX I ) above, which
remains unpaid 3O days after date of invoice shall result in the assessment of tl're charges against
the property involved.
(4) If within six months after the first of the two false alanrrs referred to in this division
(c) has occurred, a third tblse alann as declared in this division occurs, the City may abate the
nuisance by responding to the activity using administrative, tire response and law enforcement
actions, and the costs of such abatement shall be assessedon the nuisance property in the sarne
manner as in Section 53 1.O4 of the Codified Ordinances. The City shall provide notice to the
ownerof the nttisance property of the City's intent to assessthe costs of abatement against the
owner's property at least 3O days before such costs are certif-red to the County for assessment
against the property, and such notice shall contain a description of the nuisance activity that is
the basis for the notice of intent to assess the property, and the cost to abate. Notice shall be
served as set forth in Section 53 l O3 of the Codified Ordinances
(5) Theprovisions of this section shall not apply to false fire alarms received frorn
apartment buildings and/or condominiums. Such false alarms are exempt from enforcement
under this section of the code. False alarms received from apartment buildings or condominiurns
-t
will be subject to the provisions of Section l55O.l3 (rn) "Detection Systems Required in
Apartment Buildings" of Chapter l5 "Fire Prevention" of the Codified Ordinances.
(d) General.
(l) All equipment used in installations for which a pennit is required shall meet the
applicable standards of the Underwriters Laboratories and/or the National Fire Protection
Association and/or other recognized industry standard. Applicant may be reqr-riredto submit
evidence of the reliability and suitability of the equipment to be installeci.
(2) The sensory mechanisrn used in connection with such devices must be acljusted to
suppress false indications of fire or intrusion. so tl-ratthe devices will r-rotbe actuated by impulses
due to transient pressure change in water pipes, short f'lashesof light, wind noises such as the
rattling or vibrating of doors or wirrdows, vehicular noise adjacent to the installatiorr, clr other
fbrces unrelated to genuine alanns.
(3) All components cortprising such a device mLrst be rnaintained by the olvller or lessee
i n g o o d r e p a i r t o a s s u r er e l i a b i l i t y o f o p e r a t i o n .
(4) E a c h a l a r m e q u i p m e n t s u p p l i e r t h a t s e l l s o r l e a s e st o a p e r s o n a n a l a r m d e v i c e w h i c h
is installed on such person's premises in the City sl'rall furnish that person with instrllctiorls as to
the rvay the device operates, along with maintenance instnrctions.
(5) Each alarm equiprnent supplier shall also furrnish the Chief of Police and/or the Chief
of Fire with a copy of the instructions as to the way the device operates. If the Chief of Police
and/or the Chief of Fire find such to be incornplete, unclear or otherwise inadequate, he rnay
require the alarm equiprnent supplier to have the sarne revised to meet his approval and then
prornptly have copies distributed to persons for whom installation of sr.rchdevices are made.
(6) Each alarm equipntent supplier that sells or leases to a person an aiarm device which
is installed on such person's premises in the City tbr which a permit is required lnLrst provide tbr
receiving calls for service directly or tl-rrough an agent, on a 24-hour basis, seven days a week,
and shall respond to such calls within eight hourrs of the time they are received.
(7) At the time of installation, each alann ecluipment supplier shall turnish to the person
for whom an alarm device has been installed, written information as to how service carr be
obtained at arly time, including the telephone number to call for service; and such person shall be
responsible for having the device repaired as quickly as possible after he leanrs. eitl'rer from his
own sources or from notit-rcation by the City, that the device is not working properly.
(8) The Chief of Police and the Chief of Fire or any officer designated by them shall
have the authority, at reasonable times and upon oral notice, to enter upon any premises within
the City, to inspect the installation and operation of an automatic protection device or signaling
device, the purpose of which is to report an errrergency to the police and/or fire station.
(9) All equipment, the use or installation of which is subject to this section, shall be
maintained in good operating condition. The Chief of Police and/or the Chief of Fire may require
that repairs be made whenever he has detennined that such are necessary to assure proper
operation.
(lO) For violation of this section, for failr-rreto properly maintain an installation or when
the number of false alarms for any installation equals five in any six-rnonth period, the Chief of
Police and/or the Chief of Fire may serve written notice upon tlle alarm subscriber of intent to
require a verified alarm ttom the alarm corrlpany prior to police or fire response. Such notice
shall be given not less than seven days prior to this requirement. Such notice shall state the right
of the alarm subscriberto appeal to the Police or Fire Chief. [f an appeal is t-rledin writing, the
Chief shall hold a hearing on the matter and shall render a decision on the basis of the facts
presented. The Chiefs decision shall be final.
(e) Liabilitv of Citv. The issuance of any pennit or pennits in conjr-rnction with this section
shall not constitute acceptance by the City of any liability to maintain any equipment, to answer
alarms. or for anvthins in connection therewith.
6
(O Rules and Regulations. The Mayor or his authorized representative shall make and
enforce such rules and regulations as he may deern necessary for the enforcement of the
provisions hereof and for the proper determination and collection of the fees and charges herein
provided.
(S) Pennit and Inspection Fee. A fee of twenty dollars (520.00) shall be paid to the City for
each permit issued as provided herein, to cover adrninistrative and inspection costs. A separate
permit and fee shall be reqr-rired for a fire alarm and an intnrsion alarm emanating from the same
premises. Such permit shall not be transferable.
I3I.15 FIRE PROTECTTON SER\/ICES OUTSIDE CITY.
The Sor.rthEuclid Fire Department shall provide fire protection services pursuant to Ohio R.C.
9.6O(D) to any state agency or instrumentality, county or political subdivision of this State, or to
a govemrnental entity of an adjoining state, without a contract to provicle such services upon the
authorization of the Fire Chief or his designee, providing South Euclid calls receive highest
priority.
Section 2: That is hereby tbtmd and determined that all formal actions of this Council
coucerning and relating to the passage of this Ordinance were adoptecl in an open meeting of this
Courncil, and that all deliberations of this Cor.rncil and any of its Committees on or after
November 25, 1975, that resulted in such formal action rvere in meetings open to the public in
compliance with all legal requirernents, including Section 121 .22 of the Ohio Revised Code.
Section 3: That this Ordinance is deerned to be an errrergency measure necessary for the
imrnediate preservation of the public peace, health, and safety within the City and therefore
should be adopted at the earliest possible tirne. Wherefore this Ordinance shall take effect and
be in force frorn and after the earliest period allowed by law and upon signature of the Mayor.
'
Passed this day of 20ro.
D a v i d B . M i l l e r , P r e s i d e n to f C o u n c i l
Attest: Approved:
Keith A. Benjamin, Clerk of Council Ceorgine Welo, Mayor

--t
ORDINANCE NO.: 05-10 Januarv25.2O1O

REQUESTED BY: Mayor
AN ORDINANCE
AMENDING SECTION 52I.I1 "RAT HARBORAGE'' OF CHAPTER 52I .'HEALTH.

SAFETY, AND SANITATION'' PART FIVE "GENERAL OFFENSES CODE'' OF
THE CODTFIED ORDTNANCES OF THE CITY OF SOUTH EUCLID. OHIO.
\ V H E R E A S , T h e C o u n c i l o f t h e C i t y o f S o u t h E u r c l i dr e c o g n i z e s t h e n e e d t o
periodically update the General Ottbnses Code in order to allow tbr efficient
adrnir-ristration.
NO\V THEREFORE BE IT ORDAINED by the Council of the City of South Euclicl,

Ohio:
SectionI:ThatSection5?I.It "RatHarborage"ofChapter52 I "Health,Sat'ety,and

Sanitation" of Part Five "Ceneral Ot-fenses Code" of the Codit-ied Ordinances of the Citv
of South Euclid, Ohio be hereby arnended to read as follows:
52I.1I RAT HARBORAGE.
(a) Conditions. The following conditions are for,rnd and declared to be conducive to
harboring mice and rats and are hereby declared to be nuisances and prohibited:
(1) Broken, cracked or defective ceilings, '"valls, floors or foundations in which

are holes or cracks of a size"sufficient to permit a rat or mouse to pass throurgh;
(2) Material, including rubbish, debris, 6r firewoocl, piled, stored or kept on the
premises, into, atnong or under which rats or mice have burrowed or lnay burrow;
(3) B u i l d i n g s , f b r - r n d a t i o n so f b u i l d i n g s , a p p u r t e n a n c e st o b u i l d i n g s , f ' l o o r s , w a l k s
or driveways under which mice or rats have burrowed;
(4) Portable buildings, boxes, crates and materials, including rubbish, debris, or
firewood piled, stored or kept so that they rest directly an the grotrnd surface or less than
eight inches above such surface;
(5) Garbage containers without watertight tops, sides and bottorns or withourt
tightly fitting tops, around or under which mice or rats have burrowed or firay burrorv;
(6) Feeding of wild animals, birds or other wildlife, other than in suitable
containers for food, elevated at least thirty-six inches above the ground level;
(7) Inoperable and unlicensed, dismantled, partly dismantled or wrecked

vehicles or motor vehicles or parts thereof.
(Ord. 29-66. Passed 9-26-66.)
(b) Inspection. For the pLlrpose of determining whether the conditions specified in
subsection (a) hereof exist, the Mayor is hereby authorized to inspect such premises as
may be deemed necessary.
(c) Notice of Nuisance. In addition to the penalties herein provided, the Mayor may .
cause written notice to be served on the owner, lessee or occupant of such real estate.
Such notice shall set forth the nature of the condition, the Mayor's estimate of the cost of
abating the same if done by the City, a reasonable time determined by the Mayor within
which the owner may abate such conditions, and the statement that unless the conditions
are abated within the stated time, they may be abated by the City and the cost of
abate-rnentassessedon the real estate above mentioned. Such notice lnay be served by
delivering it personally to the olvner or leaving it at tl-reowner's usual place of business or
residence, or by posting it in a conspicnous place on the real estate above mentioned, or
by rnailing it to the owner, or by publishing it once in a newspaper of general circulation
rvithin this City if it cannot be served in any of the othet' ways above mentioned.
If the conditions are not abated within the required time, the Mayor shall cause its
abatefirent and shall report the cost thereof to Council, which may assessthe same on the
real estate on which the condition existed, or the cause or source thereof is located.
The Mayor shall, however, furnish the owner, lessee or occupant of the real estate on
which such condition exists with the statelnent of the cost of abating the sarne as soon as
such cost can be ascenained, and shall notify the owner to pay such cost within such
reasonable time as the Mayor shall fix. but not less than thirty days. In case such cost is
not paid within the time fixed by the Mayor, the Mayor shall report such fact to Council,
which may assessthe same on the real estate on which the condition exists. lf such
assessment is not paid in cash within tl'rirty days frorn the date of assessment by Council,
it shall be duly certified to the County Auditor as provided by law to be placed upon the
tax duplicate and collected as other taxes are collected in annual installments
(d) Form of Notice. The notice ret-erredto in srrbsection (c) hereof shall be in
writing, shall bear the date of issuance and shall be signed by the Mayor or
Commissiouer of Building. Any such notice rnay be served by registered rnail directed to
the person to be notified or by delivery to such person or to the premises affected by it by
an employee of the City.
(e) Revocation of Food Handler's License. In the event that an inspection by

representatives of the City shows the existence of any condition prohibited by subsection
(a) hereot', and unless srrch violation of surbsection(a) hereof is corrected within thirty
days after notice to the occupant of the prernises inspected, any City Iicense permitting a
licensee to handle or deal in foods or food products on the premises shall be revoked and
canceled.
(l) Rernedies Not Exclusive. The revocation or cancellation of any City licer,se
hereunder shall be in addition to any of the penalties, charges or assessmentsprovided for
in this section. No action taken under tl'ris section shall be held to reqLrirethe granting,
i s s u a n c eo r r e n e w a l o f a n y l i c e n s e , n o r s h a l l t h e w i t h h o l d i n g o f a n y C i t y l i c e n s e b e h e l d a
defense to any prosecution under this section.
(g) Compliance with Building Code. Tl're construction and materials usecl in all
work done under this section or in order to cornply with its tenns, shall conform with all
requirements of the Building Code and other relevant ordinances of the City.
( O r d . 8 l - 5 6 . P a s s e d3 - 2 5 - 5 7 . )
(h) Penaltv. Whoever violates any of the provisions of this section is guilty of a
misdemeanor of the fourth degree.
Section 2: That is hereby found and determined that all formal actions of this
committees on or after November 25, 1975, that resulted in such formal action were in
meetings open to the public in compliance with all legal reqlrirements, including Section
121.22 of the Ol-rio Revised Code.
Section 3: That tl'ris Ordinance is deerned to be an errlergency measure necessary

for the immediate preservation of the public peace, health, and sat-etywithin the City and
therefore should be adopted at the earliest possible time. Wherefore this Ordinance shall
take effect and be in force from and after the earliest period allowed by law and upon
signature of the Mayor.
P a s s e dt h i s day of 2010
David B. Miller, Cor-u-rcilPresident
Attest: Approved:
I(eith A. Benjarnin, Clerk of Council Ceorgine Welo. fvlayor
Approved as to fonn:
lvlichael P. Lograsso, Director of Law

I
ORDINANCE NO.: 06-l 0 J a n r , r a r y2 5 . 2 0 l O

R E Q U E S T E DB Y : Mavor
AN ORDTNANCE
AMENDING SECTION 9O5.06"REPAIR BY CITY; NOTICE" AND SECTION 905.07

..COST OF REPAIR BY
CITY'' OF CHAPTER 9O5 "STDE\^/ALKS, CURBS, AND
CUTTERS'' OF PART NINE "STREETS AND PUBLTC SERVICES CODE'' OF THE
CODTFIED ORDTNANCES OF THE CITY OF SOUTH EUCLTD, OHIO.
WHEREAS, The Council of the City of South Euclid recognizes the need to
periodically update the Streets and Public Services Code in order ro allorv for ettlcient
adrninistration.
NOW THEREFORE BE IT ORDAINED by the Council of the City of South Euclict,

Ohio:
S e c t i o n l : T h a t S e c t i o n 9 O 5 . 0 6 " R e p a i r b y C i t y ; N o t i c e " a n d S e c t i o n 9 O 5 . O 7" C o s t o f

Repair by City" of Chapter 905 "Sidewalks, Curbs, and Gufters" of Part Nine "srreers
a n d P u b l i c S e r v i c e s C o d e " o f t h e C o d i f i e d O r d i n a n c e s o f t h e C i t v o f S o u t h E u r c l i d .O h i o
be hereby amended to read as follows:
905.06 REPAIR OF SIDETVALK BLOCKS BY€#FY; NOTICE.
All sidewalks which are defective or in need of repair, replacemenr or attention n*ay
must be replacecl, altered or repairecl by the Gity property owner upon service te+he
@ofawrittennoticefrorntlreBuildingCotntnissionerto
eliminate such defect or tnake such repairs. Sr-rchnotice shall contain, at the minimurn,
the following information :
(a) The date by which the repairs are to be completed by the owner.
( irs
i+l
@
i
ft*rther netiee; and te bilt the ewner in aeeerdaree witlr tlris -eetien,
(Ord. 53-93. Passed 12-27-93.)
905.9? €EST EF P|]P t.fR BV EITY.

The eest ef the repair; replaeerrent er atteratien by the Gity nray be paid in eeslr by the
ithin thirry dat' iee
(Ord. 53-93. Passed12-27-93-)

Section 2: That is hereby found and detennined that alt formal actions of this
Cor-rncil concerning and relating to the passage of this Ordinance were adopted in an open
rneeting of this Council, and that all deliberations of this Council and any of its
cornrnittees on or after Novernber 25. 1975, that resulted irt such formal action were in
l meetings open to the public in compliance with all legal requirements, including Section
121.22 of tl're Ohio Revised Code.
l
l
Section 3: That this Ordinance is deerned to be an emergency measure necessary
I fbr the imrnediate preservation of the public peace, health, and saf'ety within the City and
therefore should be adopted at tlre earliest possible time. Wherefore this Ordinance shall
take effect and be in force from and afiler the earliest period allowed by law ancl upon
Passed this day of 20to.
David B, Miller, Council President
Attestr Approved:
Keitl'r A. Benjamin, Clerk of Council Ceorgine Welo, Mayor

-l
ORDTNANCE NO.: 07-10 Janr-rary

TNTRODUCED BY: Miller "5,20tO
REQUESTED BY: Ma-vor
AN ORDTNANCE
A M E N D T N G S E C T I O N I 4 O 5 . 2 O" M A I N T E N A N C E OF ROOFS, GUTTERS, AND

DOWNSPOUTS'' OF CHAPTER I4O5 "BASIC STANDARDS FOR RESIDENTTAL
OCCUPANCY'' OF PART FOURTEEN "HOUSING CODE'' OF THE CODIFIED
ORDINANCES OF THE CITY OF SOUTH EUCLID. OHIO.
WHEREAS. The Council of the City of Sor-rthEuclid reco-r<nizes the need to

p e r i o d i c a l l y u p d a t e t h e H o u s i n g C o d e i n o r d e r t o a l l o w f c r re t f i c i e n t t i r n c t i o n i n g o f t h e
Housing Departmellt.
NOW THEREFORE BE IT ORDAINED by the Council of the City of South Euclicl,

Ohio:
Section l: That Section l4O5.2O"Maintenance of Roofs, Cutters, and Downspouts" of

Chapter l4O5 "Basic Standards fbr Residential Occtrpancy" of Part Fourteen "Housing
Code" of the Coditled Ordinances of the City of Sourth Errclid, Ohio be hereby amerrded
to read as fbllows:
I4O5.2O MAINTENANCE OF ROOFS. GUTTERS AND

DOWNSPOUTS.
(a) All roofs of every structlrre shall be nraintained weathertight and sl'rall be
equipped with gutters and dorvnspoLlts. Dorvnspouts shall be connected to a public stol-rn
sewer, however one or more downspor-rt(s)may be diverted into an approved rain barrel,
or other structural storilge container, provided that the overflow t.rom strcl'rappurteltances
is directed into the public storm sewer. Rairr barrels or otl'ler structlrral storage containers
shall be covered at all tirnes and incorporate a drainage sysrem tl'rat directs any overt)ow
away from the building's fbundation and into the public storm sewer systenr. The
installation of rain barrels. or other structural storage containers shall be subject to the
review and approval of the Building Cornrnissioner, and shall confonrr to the stalldards
set tbrth by the City for such devices. No branches, shrubbery, or other overgrorvth is
permitted to encroach or come into contact with roof areas. All roof, gutter, and
dorvnspout replacements must reasonably match and conform to the original design
or be replaced completely-
(b) As an alterriative to the requirement of division (a) of this section, that

downspouts be connected to the public storrn sewer system, one or rnore downspouts may
be directed into an approved rain garden. Such rain garden shall be subject to the review
and approval of the Br-rilding Departrnent and the City Engineer, arrd shall be constructed
in accordance with tl're latest edition of the Rain Garden MantnlJbr Homeowners. No
rain garden shall be constntcted until a permit has been obtained as set forth in Section
762.Or.
(c) This requirement shall be waived for existing appurtenant structures if, in the
opinion of the Building Commissioner, the drainage does not cause excessive erosion or
water damage or does not create a nuisance on public or private property.
( O r d - 2 7 - 9 2 . P a s s e d9 - 2 9 - 9 2 : O r d . 2 5 - 0 7 . P a s s e d4 - 1 4 - 0 8 . )
Section 2: That is hereby found and determined that all formal actions of this
committees on or after Novernber 25, 1975, that resr-rltedin such formal action were in
meetings open to the public in compliance with all legal requirements, including Section
Section 3: Tllat this Ordinance is deemed to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety within the City and
therefore should be adopted at the earliest possible time. Wherefbre this Ordinance shall
take effect and be in force frorn and after the earliest period allowed by law and upon
Passed this day of 20t0.
Attest: Approved:
Michael P. Lograsso. Director of Larv

I
ORDINANCE NO.: 08-10 J a n r r a r y2 5 . 2 0 l O

TNTRODUCED BY: Miller
REQUESTED BY: Mavor
AN ORDINANCE
A M E N D T N C S E C T I O N 1 4 1I . O 2 " N O N R E N T A L P R O P E R T Y I N S P E C T I O N S ' ' O F

CHAPTER I4I1 "COMPLIANCE AND ENFORCEMENT'' OF PART FOURTEEN
..HOUSINC CODE''
OF THE CODIFIED ORDTNANCES OF THE CITY OF SOUTH
EUCLTD. OHIO.
W H E R E A S , T l ' r e C o r , r n c i lo f t h e C i t y o f S o u t h E u c l i d r e c o g n i z e s t h e n e e d t o
p e r i o d i c a l l y u p d a t e t h e H o u s i n g C o d e i n o r d e r t o a l l o w f b r e f t i c i e n t t - t r n c t i o n i n go f t h e
Housing Department.
NOW THEREFORE BE IT ORDAINED b y t h e C o r . r n c i lo f t h e C i t y o f S o u t h E r . r c l i d ,

Ohio:
Section l: That Section l4l l.O2 "Nonrelltal Property lnspections"of Chapter l4l I
"Compliance and Enfirrcenrent" of Part Fourteen "Hor.rsing Code" of the Coclitied
Ordinances of the Ciry of'Sotrth Er.rclid,Ohio be hereby amended to read as tbllttws:
I4I I.O2 NONRENTAL PROPERTY INSPECTIONS
(a) The Building Comrnissioner ancl inspectors ofticially so designated by tl"re

Mayor are hereby authorized to make, or cause to be rnade, inspections of all stnrctures
or prernises used for drvelling purposes and all secondary or appLlrtenant structures to
determine whether such stractures er prernises confonn to the provisions of this Code.
(b) U p o n p r e s e t l t a t i o no f p r o p e r c r e d e n t i a l s . t h e B u i l d i n g C o r n r n i s s i o n e r a n d
inspectors officially so designated by the Mayor, rnay, afler reasonable notice ro the
owner, enter at reasonable tirnes and view the exterior and yard area of any dwelling,
building, structLtreor prernises irr the City to pertbnn any durty irnposed on him by this
Cocle as is mandatory. The Cornrlissioner and inspectors ot'ficially so designated by the
Mayor are not authorized to enter the interior of any dwelling, building. structure or
premises under this Code unless the owner is notified that any such proposed inspection
is not mandatory ancl is also given reasonable notice of the intent to seek pennission of
the owner for sucl-tinterior inspection. However, after the foregoing prerequisites are met,
an interior inspection can be made if permission in writing for such irrterior inspection is
first granted by the owner. Althor.rgh the notice requirernents are applicable to multiple
dwellings, the prohibition of interior inspection without pennission of the olvner is not
applicable to multiple dwellings and such inspections are mandatory.
(I) Reasonable notice. Reasonable notice under this Code rneans at least sevetl
days' notice to the owner or occupant of the time and place of inspection. However, such
notice requirernent may be waived by oral or written pennission given by the owner or
occupant. Notification requirements are waived for inspections rnade to property
areas that are clearly visible from the street or public walk, viewcd frorn an
adjacent Property with the owner's consent, or whenever, in the opinion of the
Building Commissioner, the condition of a structure or premises, or part thereof,
constitutes an imrnediate hazard to hurnan life or health, he shall declare a case of
emergency and shall order irnmediate repair of the structure or premises, or part
thereof.
(2) lnspector's credentials. The Commissioner and/or inspectors officially so

designated by the Mayor shall carry otficial credentials of the City indicating tlrat they
are building inspectors officially so designated by the Mayor. The credentials shall also
bear a photograph of the inspector and shall be officially sealed and signed by the Mayor.
i
@r^en etlrer than te rnembers ef the Buildir-g Depertmen+

sndle+++€-Ci+y€d*i-ftistra+ien.
( O r d . 2 7 - 9 2 . P a s s e d9 - 2 9 - 9 2 : O r d . 1 O - O l .P a s s e d2 - 2 6 - 0 l . )
Section 2: That is hereby found and determined that all formal actions ot'this
committees ou or after November 25, 1975, that resulted in such formal action were in
meetings open to the public in compliance with all legal requirements. including Section
Section 3: That this Ordinance is deemed to be an emergency measure necessary

take effect and be in force frotn and after the earliest period allowed by Iaw and upon
Passed this day of 201o.
Attest: Approved:
Keith A. Benjamin, Clerk of Council Ceorgine Welo, Mayor

CITY OF SOUTH E U C L I D . O H I O
ORDINANCE NO.: 09-10 JautLary ? 5, 20 I 0

TNTRODUCED BY: lvliller
REQUESTED BY: Mayor
AN ORDINANCE
AMENDTNG SECTION I4I I.O4"NOTICE OF VTOLATION'' OF CHAPTER I4I I

..COMPLIANCE AND ENFORCEMENT"
OF PART FOURTEEN "HOUSTNC CODE"
OF THE CODIFTED ORDTNANCES OF THE CITY OF SOUTH EUCLID, OHIO.
W H E R E A S , t h e C o l r n c i l o f t h e C i t y o f S o u t h E r - r c l i dr e c o g n i z e s t h e n e e d t o
periodically update the Holrsing Code in order to allow for eft'icierrt functioning of the
Hotrsing Departrnent.
NOW THEREFORE BE IT ORDAINED b y t h e C o r - r n c i lo f t h e C i t y o f l S r > l r t hE u c l i c l ,

Ohio:
S e c t i o n l : T h a t S e c t i o n t 4 l l . O 4 " N o t i c e o f V i o l a t i o n " o f C h i r p t e r l 4 l I " C o r n p l i a n c E -a n d

Enforcetnent" of Parr Fourteen "Holrsing Code" of the Codified Ordinances of the City of
Sourth Er-rclid,Ohio be hereby arnencled to read as follo',vs:
14I I.O4 NOTICE OF VIOLATION.
(a) Whenever the Burilcling Cornrnissioner or any inspector ofticialty so designate'd

by the Mayor finds any dwelling strLlcture or prernises: or any part thereot-, to be in
violation of the provisions of this Code, the Commissioner shall give or cause to tre given
or mailed to the owner or operator of such strLlctLlreor premises a',vritten notice stating
the violations therein. Such notice shall order the owner or operator, within a stated
reasonabletime'@,torepair,improveorderno1islrtI1estructtlfeor
premises concerned. Such delivery or rnailing shall be deemed legal service of notice.
(b) If the person to whoffr a notice of violation is addressed cannot be tbund witl'rin
Cuyahoga County after reasonable and diligerrt search, then notice rnay be sent by
c e r t i f i e d m a i l t o t h e l a s t k n o w n a d d r e s so f s u c h p e r s o n , : r n d a c o p y o f s u c h n o t i c e s h a l l b e
posted in a conspicuous place on the structure or premises to which it relates.Such
mailing and posting shall be deerned legal service of notice.
(c) Notwithstanding the requirernent of notice provided herein. wherr in the opinion
of the Building Commissioner the condition of a structure or prernises, or paft thereot-,
constitutes an immediate hazard to hurnan life or health, or when a prior violation notice
has been sent to the owner or operator for the sarne or a sirnilar violation, then no such
notice of violation need be given to the owner or operator of such building.
(d) If the owner of any improved real estate is not a resident of Cuyahoga Coultty,
such owner shall designate and file with the Housing Manager the name, address and
telephone number of an agent who is a resident of Cuyahoga County fbr the purpose of
receiving all notices of inspection. orders, or otherrvise from the City of Sor.rthEuclid
relative to such improved real estate. Service of notice upon such resident agent shall be
deemed to be notice upon the owner. Any such notice shall also be sent by registered
mail to the last known address of the owner. Notice may also be posted in a conspicuoLls
place on the structure or premises to rvhich it relates. No person shall remove or det'ace
such posted notice without the written permission of the Housing Manager.
Section2: That is hereby found and detenrrined that all fonnal actions of this
Council conceming and relating to the passage of this Ordinance were adopted in an open
committees on or after November 25, 1975, that resulted in sucl'r fcrrmal action were in
meetings open to the public in cornpliance with all legal requirements, including Section
l) 1.22 of the Ohio Revised Code.
Section 3: That this Ordinance is deemed to be an emergency measure necessary
for the immediate preservation of the public peace, health. and safety within the City and
therefore should be adopted at the earliest possible tirne. Wherefore this Ordinance shall
take effect and be in force frorn and after the earliest period allowed by law and upon
P a s s e dt h i s day of ,2010.
Attest: Approved:
Keith A. Benjamin. Clerk of Council Ceorgine Welo, Mayor
Approved as to fonrr:

CITY OF SOUTH E U C L I D . O H I O
ORDTNANCE NO.: lo-lo January 25, 2OlO

REQUESTED BY: Mayor
AN ORDINANCE
AMENDTNC CHAPTER I4I2 "NOTIFICATION OF FORECLOSURE FTLINC" OF

PART FOURTEEN "HOUSTNC CODE'' OF THE CODIFIED ORDINANCES OF THE
CITY OF SOUTH EUCLID, OHTO.
\VHEREAS, the Council of the City of South Euclid recognizesthe need to

periodically update the Housing Code in order to allow for etl-rcienr functionine of the
Housing Department.
NOW THEREFORE BE IT ORDAINED b y t h e C o u n c i l o f t h e C i t y o f S o u r t hE r . r c l i d ,

Ohio:
Section I : That Chapter 1412 "Notification of Foreclosure Filing" ot- Part Fourtc-err
" H o u s i n g C o d e " o f t h e C o d i f i e d O r d i n a n c e s o f t h e C i t y o f S o r " r r lE
- ru c l i d , O h i o b e h e r e b y
arnended to read as fbllows:
14I2.OI DEFINITIONS.
As used in this section
(a) "Person" means a natural person or any legal entity, inclr.rding br"rt not limited to
a corporation, finn, partnership, trust, or association.
(b)
"Vacant Building" shall be defined for the prrrposes of this section, as a building
which is not occupied by its owner, lessee or other invitec, or at rvhich
substantially all l:rwful business operations or residential occupancy has ceased,
or which is substantially devoid of content, or any premises which by reason of
dilapidation, deterioration, state of disrepair, or other such status is otherwise
detrimental to or endangers prrblic safety, health, or welfare.
(Ord. 36-O6. Passed 6-26-06.)
I4L2.O2 NOTICE TO CITY OF FORECLOSURE FILING.

Any person who files a cornplaint for foreclosure involving real property located
witl'rin the City on which there is a building or structure shall notify the City of the fiiing
of the tbreclosure complaint and shall file a complete copy of the foreclosure cotnplaint
with the Building Commissioner within ten days after the filing of that cornplaint with the
relevant court. The notice to the City shall be orr a form prescribed by the Building
Cornrnissioner.
(Ord. 36-O6. Passed 6-26-06.)
I412.O3 PERSON RESPONSIBLE FOR MAINTENANCE.
(a) If the building or structure on the property that is the subject of foreclosure is
vacant at the time the foreclosure complaint is filed, then the person filing the foreclosurre
complaint shall notify the City of the name, address and contact infbrmation for the
person who will be responsible tbr maintaining the property.
(b) If the building or structure on the property that is the subject of fbreclosure
becomes vacant at any time after the foreclosure complaint is filed, then the person who
filed the foreclosure complaint shall notify the city of the name, address and contact
information for the person who will be responsible for maintaining the property, and shall
otherwise comply with this Chapter l4l2.
( O r d . 3 6 - 0 6 . P a s s e d6 - 2 6 - 0 6 . 1
t4t2.o4 FEES.
The fee for notice of a foreclosed property is seventy-five dollars (S75.0O). The fee
shall be paid at the tirne of notification.
( O r d . 3 6 - O 6 . P a s s e d6 - 2 6 - 0 6 . \
1412.99 PENALTY.
No person shall fail to tlle a complete copy of a foreclosure cornplaint involving real
property located with the City on which there is a building or strLrcturewith the Building
Commissioner within ten days after filing the complaint with the relevant court. Whoever
violates this section is guilty of failure to t'ile notice of a foreclosure cornplaint, a
misdemeanor of the fourth degree.
(Ord. 36-06. Passed 6-2.6-06.)
Section 2: That is hereby tbr-rndand determined that all fbrmal actions of this
cornmittees on or after Novernber 25, 1975, that resulted in such tbnnal action were in
meetings open to the public in cornpliance with all legal requirernents, including Section
121 .22 of the Ohio Revised Code.
Section 3: That this brdinance is deemed to be an emergency rrreasurenecessary

for the immediate preservation of the public peace, health, and saf'ety within the City and
therefore should be adopted at the earliest possible tirne. Wheretbre this Ordinance shall
take effect and be in force t'rom and after the earliest period allowed by law and upon
Passed this day of ,2010.
Attest: Approved:

ORDINANCE NO.: I l-to J a n u a r y? 5 , 2 0 1

REQUESTED BY: Mayor
AN ORDINANCE
CREATTNG NE\v CF{APTER I4l4 "CERTIFICATES OF RECISTRATTON AND

OCCUPANCY FOR VACANT BUILDINCS'' OF PART FOURTEEN .'HOUSINC
CODE'' OF THE CODIFIED ORDINANCES OF THE CITY OF SOUTH EUCLTD.
OHIO.
WHEREAS, in recognition of the f-actthat due to the growing nurnber of

fbreclosures, the amount of vacant and abandoned buildings within the City of Sor.rth
Euclid has increased, and that vacant structures may no longer meet all applicable codes
due to the deteriorating effect of- extended vacancy, Council finds a neecl tbr a prograln to
track the identity of responsible parties fbr vacant property and ensure that vacant
buildings are brought back into cornplete code compliance before being re-occupied, to
ensure that basic levels of safety and aesthetic quality for these fbrmerly vacant buildings
within the cornmunity are being met.
NOW THEREFORE BE IT ORDAINED b y t l ' r eC o u n c i l o f t h e C i t y o f S o u t h E u c l i d .

Ohio:
Section I : Tl'rat New Chapter l4 l4 "Certificates of Registration ancl Occtrpancy

for Vacant Builclings" of Part Fourteen "Housing Code" of the Coditjed Ordinances of
the City of South Euclid, Ohio be hereby created to read as follows:
CHAPTER 1414 REGISfRATTON OF VACANT BUILDINGS AND

CERTIFICATES OF OCCUPANCY FOR VACANT BUILDINGS.
I4I4.OT DEFTNITIONS.
(a) "Vacant Butilding" shall be defined for the purposes of this sectiorr, as a
building which is l'rot occupied by its owner, lessee or other invitee. or at
wl,ich substantially all lawful business operations or residential occupancy has
ceased, or which is substantially devoid of content, or any premises which by
reason of dilapidation, deterioration, state of disrepair, or other such status is
otherwise detrirnental to or endangers public safety, health. or welfare.
I4I4.O2 DUTIES OF OIVNER
(a) The owner or registered agent of the owner of any building that has
become vacant shall maintain the vacant building as fbllorvs:
o Grass and weeds shall be kept at 6 inches or lower.
Shrubbery will be kept trimmed and neat and kept frorn
encroaching on or touching the building.
. All building exteriors shall have adequate weather
protection, including paint, siding, and or similar finishes
in good condition.
' All buildings and grounds must be secured against
trespassers and rodents. This includes maintaining all
exterior doors, windows and yard fencing in a good and
secured condition. It shall be noted that it is deemed
unlawful to utilize boards. plywood or similar means or
materials to secure windows and doors in the City of South
Euclid. Doors, and/or windows that are deemed insecure
shall be secured by their replacement with similar, new
doors or window units equipped with locking hardware.
. Roofs on all buildings shall be in good, weather tight
condition with no leakage.
-l
Any accumulated trash or debris rnust be removed from

the property immediately.
Graffiti, tagging or sirnilar markings must be irnmediarely
rerrroved or painted over with an exterior grade paint that
matches tl're exterior color of the structure.
Pools and spas shall be drained and kept dry. Properties
rvith pools and spas must coffrply with the rninimurn
secr-rrityfencing requirements of the City of South Euctid.
Adherence to this section does not relieve the owner or
agent in control of the property of any obligations set tbrth
in any covenants, conditions, restrictions, homeorvners'
association rules and regulations and/or codified
ordinances or building codes r.vhich may apply to the
property.
(b) RECISTRATION REQUIRED
It is the responsibility of the owner, foreclosing entity, or agent-in-

charge of the vacant building making the initial application for
registration and any subsequent applications tbr registration to
provide the follorving infonnation on fonns provided by the City
of South Euclid:
The name of the owner, agent-in-charge. and/or

foreclosing entity;
The direct mailing acldress of the owner, agent-
in-charge arrd/or the foreclosing entity
excluding P.O. boxes:
A direct contact name, telephone nunnber and e-
mail address fbr the tbreclosing entity;
In the case of a corporation or out-of,-area
foreclosing entity, the name and mailing address
of the local property management company as
well as the direct colltact nan'le, telephor-re
number arrd e-rnail address of the person
responsible for the secr-rrity, maintenance. and
rnarketing o F said property
2. Registration shall remain valid for one year tiorn the

date of issuance. Should the property remain vacant upon
expiration of the initial registration. the owner, agent-in-
charge, and/or the foreclosing entity shall conrplete another
application to register the property and pay all applicable
fees.
3. It is the responsibility of tlle owner, foreclosing entity or

agent-in-charge of the vacant building to perform monthly
interior and exterior inspections of the property to verify
that the requirernents of this chapter, the Codified
Ordinances of the City of South Euclid. and any other
applicable laws are being met. Reports must be provided to
the City of South Euclid upon request.
4. Fees: The annual fee for registering a vacant building

shall be S"OO.
5. Enforcement: Any person who violates any provision of

this section or of the rules and regulations issued hereunder
shall be fined not less than S2OOand not more than SI,OOO
for each offense. Every day that a violation continues shall
constitute a separate and distinct offense. Unpaid
registration fees and fines shall be an assessment on the
property enfbrceable in the salrle lrtanner as assessrnentsfor
delinquent property taxes.
r 4 1 4 . 0 3c E R T I F I C A T E REQUIRED
No orvner of vacant real estate used or intencled to be used tbr residential or

cotnmercial purposes shall fail to obtain a Certit'rcate of Inspection from the
Building Cornmissioner prior to selling, transferring, or conveying an interesr
or entering into an agreement to sell, transt-er or otherwise convey an interest
in such property and providing a copy of such certitlcate to the prospective
transferee prior to sale. A Certificate of Occupancy must be obtained prior to
the re-habitation of the strLrcture.
(a) An agreetnent to sell, transf'er or otherwise convey an interest shall

include a copy of the Certificate of Inspection frorn the Br-rilding
Commissioner, in order to permit the escrow agent to cornply witl-r this
Chapter. The Certificate of Inspection shall list thereon all knorvn violations
o f t h e C i t y o f S o u t h E u c l i d B u i l d i n g , H o u s i n g a r - r d / oZ
r oning Codes found as a
result of an exterior and interior inspectron
14I 4.O4ISSUANCE, INS PECTION
An application for a Certit'rcate of Inspection required by this chapter shall be

made upon forms supplied by the Building Cornrnissioner.
a. The Building Cornmissioner shall caurse a general exterior and

interior inspection for the drvelling structLlre and prernises to be
made.
b. T h e C e r t i f i c a t e o f l n s p e c r i o r rs h a l l c o n t a i n t h e f o l l o w i n g
intbrmation:
l. The street address or other identifyin_e characteristics of the
dwelling structure;
2. The narne and address of the owner(s), as defined irr Sectiorr
L4 t 4 . Ot :
3. The authorized use and occupancy of the clrvelling structurel
and
4 . T h e l i s t i n g o f a l l k n o w n v i o l a t i o n s o f t h e b u r i l d i n g c o c l ee x i s t i n g
at the time of such inspection.
Such Certificate of Inspection shall be valid for a period of one (l)

year from the date of the inspection required herein, and that certificate of
inspection is only good for one transfer.
t4t4.o5 FEES
a. Fee for a Certificate of Occupancy shall be S2OO.OO.
b . There shall be no fee for one (l) re-inspection requested by the

same owner within twelve months from tl're date of the initial
inspection to verity correction of violations stated within the
Certit-rcate of [nspection. All subsequent re-inspections may be
billed at S25 per inspection.
In the event of resale within the one-year period, this certificate

shall be transferred to any subsequent bona fide purchaser and
shall be valid for the remainder of that period.
1414.06 CERTIFTCATE REQUTRED PRIOR TO SALE

No person shall sell. transfer or otherwise convey an lnterest tn any vacant
I
building without furnishir-rg the purchaser, prior to such sale, a current Certificate
of Insoection.
a. The owner shall deposit in escro'"v a statelrlent sigtred by the

purchaser acknowledging receipt of the Certif-rcate of Inspection.
and such statelnent shall list thereon tl-re date the Cenif-rcate was
given to the purchaser.
b. If all violatiorrs listed on the Certificare of Inspection are not

crcrrected prior to transt-er of title, an escrow accoullt shall be
establishecl by the seller and funds, in an amount not less than one
thousand (Sl,0OO.0O) and equal to lOOTo of the estirnated cost of
repairs, shall be deposited tl-rerein to pay For the cost to correct all
remaining violations.
l. The amount to be held in escroLv shall be detennined by

procuring written estirrates ftorn at least two companies
capable of pertbnning the work, which are cLurently registered
to do business in the City of South Er-rclid. The arnor-rnt
deposited into escro'uvsl'rall be l0O7o of the higher of the two
estrftrates.
2. If the party establishing the escrorv can dernonstrate to the
Br-rildirrg Comn'rissioner that after a good faith effort he/she is
unable to obtain two written esrilnates, the Building
Cornmissioner may establish the amount of the escrorv based
on a schedule of fees for "Class A" violatiorrs.
c. [f, under the tenns of an agreerrlent to sell, transt-er or other"vise

convey an interest in a vacant building, the party obligated to
correct the \pecified violations is listed on the Certiticate of
Inspection:
A written statement agreed upon by the obligated party,

the Br.rilding Departrnent and the party's escrow agenr
setting forth an agreed sum of rnoney, which is cornpliant
with section l4l4.O7 to cover the cost of correcting the
specific violations listed on the Certificate of lnspection,
wllicl'r remai n uncorrected.
I4I4.O7 CORRECTTON OF VIOLATIONS
Any violations found upon inspection of the premises shall be corrected prior to
issuance of the Certitjcate of Occupancy. However, should tl'rebuyer agree to
assLlmeall violations listed in the notice of violations, a Certificate of Occupancy
may still be issued if the condition of the property meets minimum requirements
for habitation. [n such case the buyer wor-rld have six (6) months from the date of
title transfer to correct all outstanding violations. Violations that cannot be
corrected due to seasonal conditions shall not preclude the issuance of a
Certificate of Occupancy; provided that, issuance of such certificate shall be upon
written acknowledgement of all violations and agreement to correct all violations
within six (6) rnonths of the inspection date. In addition, written notice must be
received by the City that funds are being held in an escrow account in a sufficient
amount to correct all violations, but in no case less than One Thoursand Dollars
(S t,00O.OO). Such account shall be helcl by an independent escrow agent and be
closed only upon written notice by the Building Comrnissioner.
l4l4.O1(a) APPEALS
The Board of Appeals on Zoning and Building Standards as established

by ordinance, shall be the Board of Appe:rls for this Code and its
powers and duties and the procedures for appeal shall be as provided in
such ordinance establishing the Board.
4
The buyer and/or seller of a vacant br-rilding used or intended to be used
for residential or cornmercial purposes shall have the right to appeal
fiom any order of,, or written notice issued by, the Building
Cornrnissioner within thirty days from the date such llotice rvas given,
mailed or issued, and to appear befbre the Board within sixty (60) days
of receipt of the notice of violations, to show cause why he/she should
not comply with sr.rchnotice. Sucl'r appeal rnust be in rvriting. Failr-rretc-r
file a written appeal rvith the Board within the time prescribed herein
shall constitute a waiver of the right to appeal. However, filing <lf an
appeal ttorn any such notice shall suspend action on entbrcernent of
such notice until the appeal is acted upon by the Board.
r4r4. 07 (b) PENALTY
Any person who violates ar-ry provisior-r of this Chapter or of the rules and
regulations issued hereunder shall be fined not less than S2OOand not more than
S I,0O0 for each oft-ense. Every day that a violation continues shall constitute a
separate and distinct off-ense. Unpaid registration fees and fines shall be an
assessment on the property enforceable in the salne manner as assessments tbr
delinquent property taxes.
I4I4.O8 DISPERSAL OF FUNDS BY ESCROW AGENTS
No person acting in the capacity of an escrow agent in any real estate transaction
involving the sale of a dwelling structure or other building or land upon which such
br-rildings are located, sitr-ratedin the City shall disperse any funds unless there has been
cornpliance with Section 14L4.O7.
a. Funds shall. be disbursed only upon written authorization from tl're

Building Cornrnissioner or his4rer designee as follows..
l . The Building Cornmissioner or his,/her desigrree may arrthorize a

release of funds t'rorrr the escrorv accourlt established per Section
1414.06 as payment in full to a contractor as each violation is
corrected, provided the amount due does not exceed the written
estimate; or
2 . Tlre Building Cornrnissioner or his4rer designee rnay authorize a
release of funds tiorn the escrow accoLutt established per Section
I414.06 as payment in fr"rll to a corltractor as eacl'r violation is
corrected, provided that when the amount due does exceed the written
estimate such release can only be made Lrpon the Building
Commissioner's or his or her designee's written finding that sutlicient
funds will remain in escrow to correct all other remairrinq violations.
L4I4.O9 CERTTFICATE OF OCCUPANCY
a- At the request of the owner of property or his agent, the City shall
issue a letter or other written document signed and dated by the
Building Commissioner stating that all violations listed on the
Certificate of Inspection have been completed to the City's
satisfaction, and the property is eligible for occupancy. No vacernt
building can be occupied until this Certificate of Occurpancy is
obtained.
b. At the reqLrestof the owner of property or his agent, the City rnay
issue a letter or other written document signed and dated by the
Building Cornmissioner stating that specific violations listed on the
Certificate of Inspection have been completed to the City's
satisfaction. If the Building Cornmissioner issues such a letter or
written document, it shall contain the specitic violation(s) that
remain outstanding, the respective cost(s) of correcting same, and
be cornpliant with the requirements of Section 1414.O8.
14I4.IO LIABILITY
The issuance of a Certit-rcateof Occupancy does not glrarantee

compliance with the Building, Housing and/or Zoning Codes, nor does the
Building Cornmissioner nor his or her dr.rly aurthorized designee(-s)accept
a n y I i a b i l i t y f b r n o n - c o m p l i a n c e w i t h s a m e . S u r c hc e r t i f i c a t e s h a l l b e
considered by all parties as the City's best et'fort to lrlake known to the
owners and purchasers of violations knorvn on a given property at the time
the inspection is made.
a. The City assurrles no liability or responsibility for the failure to

report violations that rnay exist and rnakes no guaralltee
whatsoever, since there may be fllnher violations which were not
detected, which may arise in the frrrure. or which may only be
detennined by a licensed electrician, plumber or other specialist at
the expense of the person desiring such an inspection.
b . In issuing a certificate of inspection, the City does not thereby

insure, warrant or guarantee to the holder thereof, to his assignees,
or any other illterested pany that such certificate contains all of the
violations of the Sourth Er.rclidCodified Ordinances. state or federal
law.
c. In issuing a Certificate of Occr.rpancy docurnent under the

provisions of this chapter, the City does not thereby insure, wan-ant
or guarantee the quality of repair or standard of work completed in
the correction of violations listed on a Certificate of h'rspection.
Surch docurment should be construed only as a staterrrent by the
City tl'rat sol1e or all of tl're violations listed on the Certificate of
Inspection have been corrected to tl'le City's satisfaction.
Section 2: That it is hereby found and detennined that all fbnnal actions of this
rneeting of this Council, and that all deliberations of this Council and any of its
comrnittees on or atter Novernber 25, 1975, tl'rat resulted in such formal action were in
meetings open to the public in corrrpliance with all legal requirernents, including Sectiorr
Section 3: Tl'rat this Ordinance is deemed to be an emergency measure necessary

for the irnrnediate preservation of the public peace, health and safety and for further
reason that it is irnportant to protect and enhance the safety and aesthetic quality of the
residential housing stock within the City at the earliest possible tirne. Whereftrre, this
Ordinance shall take etfect and be in force upon passage by City Council and signature oF
the Mayor.
Passed this day of 2010.
Attest: Approved:

CITY OF SOUTH EUCLID, OHIO
ORDINANCE NO.: 1 2 -l O J a n ' r a r y2 5 , 2 0 l 0

R E Q U E S T E DB Y : Mayor
AN ORDINANCE
AMENDING SECTTON 15IO.Ot"ADOPTION OF OHIO FIRE CODE, CITY OF

SOUTH EUCLID FIRE PREVENTION CODE DEFINED: FILE AND DISTRIBUTION
COPIES'' OF CHAPTER l5IO "CITY OF SOUTH EUCLTD FIRE PREVENTION
CODE'' OF PART FIFTEEN "FIRE PREVENTION CODE'' OF THE CODIFIED
ORDINANCES OF THE CITY OF SOUTFI EUCLID, OHIO.
WHEREAS, the Council of the City oFSouth Euclid recognizes the need to
update the City of Sor,rthEuclid Fire Prevention Code to ensure it is consistent with the
latest edition of the Ohio Fire Code.
NOW THEREFORE BE IT ORDAINED bv the Council of the Citv of South Euclid.

Ohio:
S e c t i o n l : T h a t S e c t i o n l 5 l O . 0 l " A d o p t i o n o F O l ' r i o F i r e C o d e ; C i t y o f S o u r t hE u c l i d F i r e
Prevention Code Detjned; File and Distribution Copies" of Chapter I 5 I O "City of South
Euclid Fire Prevention Code" of Part Fifteen "Fire Prevention Code" of the Coditied
Ordinances of the City of South Euclid, Ohio be hereby arnended to read as follows:
1510.01 ADOPTION OF OHIO FIRE CODE; CITY OF SOUTH

EUCLID FTRE PREVENTION CODE DEFINED: FILE AND
DTSTRTBUTTON COP{ES.
(a) Pursuant to Ohio R.C. 73 1.231, there is hereby adopted by the City the 2€e5
20O7 edition of the Ohio Firc Code (OFC), as adopted by the Ohio Department of
Comrneice, Division of State Fire Marshal, published in Division l3Ol:.7 of the Ohio
Administrative Code (OAC).
(b) The Ohio Fire Code, together with the provisions of tl'ris Part Fifleen of these
Codified Ordinances, shall be known and rnay be cited as the City of Soutl'r Er.rclid Fire
Prevention Code. Refbrences throughout this Part Fifteen of these Codified Ordinances
to "this Code" shall be deemed to mean the City of South Euclid Fire Prevention Code.
(c) A cornplete copy of the Ol'rio Fire Code shalt be kept on file in the library of tl're
Fire Chief and in the oft-rcesof the Fire Prevention Bureau and shall be available to the
Clerk of Council. The Clerk of Council shall provide copies of the Ohio Fire Code to the
public, upon request, at cost.
(Ord.36-98. P a s s e d 5 - 2 6 - 9 8 ; O r d . l 7 - O O . P a s s e d 3 - 2 7 - O O :O r d . 0 5 - 0 6 . P a s s e d2 - 1 3 - 0 6 . )
Section 2: That is hereby four-rdand determined that all formal actions of this
meeting of this Council, and that all deliberations of this Cour cil and any of its
committees on or after Novernber 25, 1975, that resulted in such formal action were in
meetings open to the public in compliance with all legal reqr,rirements,including Section
121 .22 of the Ohio Revised Code.
Section 3: That this Ordinance is deerned to be an emergency measure necessary

take effect and be in force from and after the earliest period allowed by law and upon
Passed this dav of ,2010.
D a v i d B . M i l l e r , C o r - r n c i lP r e s i d e n t
Attest: Approved:
Keith A. Benjamin, Clerk of Council Georgine W'elo, Mayor
Aporoved as to tbrm:
Michael P. Losrasso. Director of Law

The Ctty of South Euclid SCH Edu Le of M Eettng: January 25,2O1O 8:oo PM

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THE CTTY OF SOUTH EUCLID

3. OPEN MEE ING

5. LEGISLATION REOUESTED BY THE PLANNING COMMISSION

1. RESOLUTIO]J02-10 GRANTING A CONDMONAL USE PERMIT TO HAVEN HOUSE

7. LEGISLATION REQUESTED BY THE MAYOR AND ADMINISTRATION

1 . O R D T N A N C E0 3 - 1 0 AMENDING SECTION L25.O4 *CHARGES FOR REPORTS AND

2. ORDINANCE 04-10 AMENDING CHAPTER131*DEPARTMENT OF PUBLIC

3. ORDINANCE 05-10 AMENDING SECTION 521.11 'RAT HARBORAGE"OF

5. ORDINANCE 07-10 AMENDING SECTION 1405.20 *MAINTENANCE OF ROOFS,

6. ORDINANCE 08-10 AMENDING SECTION T4LL.O2 *NONRENTAL PROPERTY

7. ORDINANCE 09-10 AMENDING SECTION L4LL.O4 *NOTICE OF VIOLATION" OF

8. ORDINANCE 10-10 AMENDING CHAPTER 1412 *NOTIFICATION OF

1 0 . O R D I N A N C E1 2 - 1 0 AMENDING SECTION 1510.01 *ADOPTION OF OHIO FIRE

8. LAW DTRECTOR'S REPORT

9. LETTERS AND COMMUNICATIONS

CITY OF SOUTH EUCLID. OHIO

ORDINANCE NO.: 53-09 _ November 23. ZOO9

NOW THEREFORE BE IT ORDAINED by the Council of the City of South Euclid,

33I.44 PROHIBITING THE USE OF IVIRELESS HANDSETS TO TEXT

I . "Text Message" trleans a message in the process of being composed,

2. 'sEngage in Other Forms of Comnrunication" means to use a

3- "Wireless Handset" means a portable electronic device capable of

4. "Computer" means a portable electronic device capable of

(b) No person shall use a wireless handset or a computer to compose, send, or

(c) Notwithstanding the provisions of division b, this section shall not be

l. A driver is using a wireless handset to contact any law enforcement,

3. A driver is using a wireless handset connected to a hands-free

4. Safety and Service Personnel are using such communication devices

Passed this r day of 20e9lo-

David B. Miller, Council President

Keith A. Benjamin. Clerk of Council Georgine Welo, Mayor

Michael P. Lograsso, Director of Law

CITY OF SOUTH EUCLID. OHTO

ORDINANCE NO.: 54-09 December 28, 2OO9

BE IT ORDAINED by the Council of the City of South Euclid, Ohio:

"933.O7 ADMISSION FEES; SEASON PASSES; AND SPECIAL PROCRAMS.

"Family," as used in this section, means the members of a household living as a

(l) Husband or wife of the nominal head of the household:

(2) (Jnmarried children of the nominal head of the

A family may consist of one individual.

Upon presenting proper identification showing residence, such as a valid Driver'F

Conditioned on reciprocity rights being granted by the City of Lyndhurst to South

Diving lessons shall be Twenty Dollars (S2O.OO)per three-week session.

Ord- 54-09 , Page 3 Decernber 2a,2OO9

j- All Pool and Splash Park passes are nontransferable.

Passed this day of 20e910.

David B. Miller, Council President

Keith A. Benjamin, Clerk of Council Georgine Welo, Mayor

Michael P. Lograsso, Director of Law

RESOLUTION NO.: 02-lo January 25, 20l 0

CRANTING A CONDITTONAL USE PERMIT TO HAVEN HOUSE

wHEREAS, the Planning Commission. after carefi-rlstudy, has recommended to Council

Section l: Tl-rat a Conditional Use Permit is hereby granted to Haven House

Passed this day of 201o.

Keith A. Benjamin, Clerk of Council Georgine Welo, Mayor

Michael P. Lograsso, Director of Law

ORDINANCE NO.: 03- l0 January25, 20l0

125.O4 CHARCES FOR REPORTS AND RECORDS

EMS Reports S.lO a page ph-rspostage unless picked up.

Duplicate Polaroid S 1.50 per photo

Compact Disc( s)/DVD(s) S?-ee $3.O0 each

House Number Map s7.50

Building and Housing Code (combined) S15.OO