NUISANCES
By Raymond L. Pianka
Judge, Cleveland Municipal Court Housing Division
Spring is here, and along with the change in the weather comes a new season of code enforcement challenges. The neighbor who refuses to mow his lawn; the person down the street who always puts the trash out two days before collection day; the family around the corner who has cars parked in the yard or works on cars in their garage. These challenges, left unaddressed, can lead to neighborhood decline.
The “Broken Windows” theory, first proposed by criminologists James Q. Wilson and George Kelling, suggests that small, isolated nuisances, if ignored, can lead to larger neighborhood problems. For example, the theory proposes that if a window is broken and left unrepaired, people will conclude that no one cares and no one is in charge. Subsequently, more windows will be broken, and the sense of disorder will spread, sending a signal to the community that criminals can do as they wish. (Gladwell, Malcolm. The Tipping Point. Bay Back Books, 2002).
In urban areas such as Cleveland, relatively minor concerns like high grass and weeds, garbage set out too early, trash cans left out too long, and parking issues are the equivalent of broken windows– invitations to more serious crime. There are a number of Cleveland Codified Ordinances (“CCO”) that address these threats to the quality of life, often called “nuisances”. Many of these issues are addressed here, with information about what the law permits and forbids, and what concerned citizens can do to help keep their neighborhoods in compliance with local law, before the broken windows become a broken community.
High Grass and Weeds. Yard maintenance in Cleveland is crucial in the springtime, when grass and weeds can quickly grow out of control, leading to infestation by rodents and other vermin, and a poor appearance in the neighborhood. The CCO states that high grass and noxious weeds are nuisances because they “provide harborage and breeding grounds for pests or are otherwise conducive to the creation of human health problems.” CCO § 209.01(a). As a result, they must be removed from any property on which they are found. “High grass” is grass over 8 inches in height. CCO § 209.01(a)(1). Noxious weeds include Russian, Canadian, or common thistle; wild lettuce; wild mustard; wild parsley; ragweed; milk weed; iron weed; and wild plants capable of causing skin reactions or producing or aggravating hay fever, asthma, allergic reactions, or similar conditions. CCO § 209.01(a)(2).
If someone in your neighborhood refuses to cut their lawn, weed and grass cutting may be performed by the Department of Parks, Recreation, and Properties, with the costs billed to the owner. CCO § 209.05. If there are rodents or vermin, the Commissioner of Environmental Health may arrange for extermination; the City can then recover any costs from the owner in a civil lawsuit. CCO § 211.03. Infractions of these Health Code provisions may be reported to the Cleveland Department of Public Health: 664-2300.
Garbage. The timely collection of garbage is especially important in the warmer months in Cleveland, when food spoils quickly, and animals are drawn to garbage containers. City residents are not permitted to “set out any solid waste or any waste container for collection earlier than 12:00 noon on the day preceding a regular collection day.” CCO § 551.04(d). If a person sets out a container for collection, he or she must “remove it from the tree lawn or other designated place for waste collection no later than 12:00 noon on the day following the date of collection.” CCO § 551.04(e). For example, if your trash day is normally Thursday, you can set out your trash containers no earlier than 12:00 noon on Wednesday. And, still assuming your trash day is Thursday, you must remove your container from the treelawn no later than 12:00 noon on Friday. Failure to follow these guidelines may result in a fine of up to $100. CCO § 551.99(b). If someone in your neighborhood is in violation of these Health Code ordinances, you can contact the Cleveland Department of Public Health at 664-2300.
Parking and Motor Vehicles. Parking and motor vehicle issues also become more significant during the warmer months, as people more frequently wash and park their cars in their yards, have parties needing additional parking space (with guests often parking on soft surfaces in the yard), and work on cars on their property.
Both the Traffic Code and the Zoning Code restrict parking. In Cleveland, parking is forbidden on the treelawn (CCO § 451.23(a)); in vacant lots (CCO § 451.241(b)); and between the sidewalk and setback line, except on a driveway (CCO § 451.22), and on all soft surfaces, which includes yards and vacant lots (CCO § 349.07). These code provisions can be enforced by the Police or the Department of Building and Housing, or both. Car repair also is forbidden in the City’s neighborhoods. The Zoning Code states that “the furnishing of repairs or service of any kind for motor vehicles shall not be permitted.” (CCO § 337.16). Violations of the Traffic Code can be reported to the Cleveland Police Department, Second District at 623-5200. Violations of the Zoning Code can be reported to the Department of Building and Housing Violation Hotline at 664-2007.
Armed with the knowledge of what the law permits and forbids, and what you can do to help keep your neighborhood in compliance with local law, these nuisances can be abated quickly and efficiently, before leading to worse criminal activity. In addition to reporting the violations of these Code provisions to the appropriate department for criminal prosecution, you may also call the Old Brooklyn Community Development Corporation at 459-1000 for more information on how to contact your Councilperson or the City of Cleveland Law Department to file a civil action. For a comprehensive list of Cleveland nuisance abatement tools, call the Housing Court at 664-4295 or visit the Housing Court’s website at http://www.clevelandhousingcourt.org.
