Wording may vary, but one example could be:
"Any violation of local, state or federal laws or regulations by tenant is cause for termination of the lease. Evidence of such violation may include, but is not limited to, a conviction in a court of law or a letter from the Chief of Police under Section 107.08 of the Codified Ordinance of Shaker Heights stating that tenant, anyone living with tenant, or an invitee of tenant has violated the City’s ordinances.”
(Note: the City cannot guarantee that this term will be sufficient in any action to terminate a lease or to evict a tenant. Landlords should check with their own legal counsel for advice about including such terms in a lease.)
What acts are considered violations?
- Animal odor, noise
- Disorderly conduct, disturbance of the peace
- Drug abuse
- Gambling
- Health, safety, or sanitation
- Obstruction of official business
- Sex offenses, public indecency, procuring, or prostitution
- Assault, menacing
- Criminal damaging, endangering, mischief
- Littering or deposition of waste
- Weapons, explosives, firearm or handgun
- Noise
- Fireworks
What are the basic facts of this ordinance?
The law:
- adds a new category of nuisances to the City’s Codified Ordinances, i.e. declaring certain criminal violations occurring on residential property to be nuisances.
- allows the City to recover the cost of Police response to repeated occurrences of such criminal activity at the same property.
Certain activities listed in the ordinance occurring at residential properties are declared nuisances if they are engaged in by (A) the owner, (B) any occupant, or (C) any guest of the owner or any occupant.
What happens if you are in violation?
If the Police find that two listed violations occur within any 12-month period, the owner may be sent a notice declaring the property a “nuisance”. The notice will warn that if one more nuisance activity occurs the owner will be charged the cost of Police response, and the cost will be added to the property taxes.
If three nuisances from the list of violations occur within a 12-month period, the owner may be sent a second notice that the nuisance occurred and that the costs of Police response to that third activity will be assessed on the property. Then a lien will be placed on the property, which is billed with the property taxes, for the cost to the City of the Police response.
What is the appeal process?
The owner may file an appeal with the Chief of Police after receiving either or both of the first and second notices within 30 days of the date of the notice. If the Chief determines the facts do not support the declaration of nuisance, he will rescind the notice. If he finds that the facts do support the declaration, the Board of Housing Code Appeals will hear the appeal. An appeal will not stop the City from taking enforcement action or pursuing criminal prosecution.
On appeal, the owner can overturn the declaration if the owner shows that:
- He/she was not the owner at the time of any one of the nuisance activities
- He/she had knowledge of the nuisance activity, but took action to stop the activity from occurring
- He/she had no knowledge, but as soon as he/she received notice, the owner took action to stop it from happening again.
The Board of Housing Code Appeals consists of the Mayor, the Chief Administrative Officer, the Director of Law, or their designees, a member of Council, and a citizen member, each appointed by the Mayor. The Board meets every other month when appeals are pending.
What is the ordinance expected to accomplish?
This ordinance will:
- allow the City to assess the cost of police response against properties that have an excessive impact on City resources.
- cause landlords and other owners to meet their responsibility for criminal activity at their property.
When did the ordinance take effect?
City Council enacted the Criminal Nuisance Activity Ordinance (No. 04-07) on May 24, 2004. The ordinance was amended on March 23, 2005 (No. 05-52) and again on March 26, 2007 (No. 07-16).
Who is responsible and what are they responsible for?
Property owners are responsible and will be charged the costs of Police response to the third nuisance activity when the Police determine that three violations have occurred.
Why are you assessing the owner instead of the tenant in a rental property?
The party committing the crime will be held accountable under the City's criminal laws. However, the cost of the excessive demand placed on police resources used to respond at the particular address will be charged to the owner of that property. A single tenant may not necessarily cause the repeated criminal activity, rather different tenants over a year's period and in different rental units may be the source of the criminal activity. Also, the objective is to encourage landlords to meet their responsibility to screen tenants, and to take action allowed by law when tenants violate the law. In the situation in which there are repeated criminal violations at the same property, the property becomes a nuisance, and the costs to the City of abating the nuisance should be borne by the property owner, as it is for the abatement of other nuisances.
Why was the ordinance passed?
Some neighborhoods have experienced criminal activity that occurs repeatedly at a few residential properties. The criminal activity is already addressed by the Police, but property owners have not previously been held responsible for the costs.
The ordinance addresses repeated violations of law stemming from a single property and the burden on the City’s safety resources and taxpayers. The law is one tool the City hopes will help encourage less responsible property owners and landlords to be more responsible.
Fair Housing
Does the Justice Department in Washington, D.C. also handle housing discrimination cases?
It may! The Justice Department does have jurisdiction over housing discrimination. When you file a complaint with the Shaker Heights Fair Housing office, we also file your complaint with the Department of Housing and Urban Development (HUD) District office. In some cases, in order to vindicate the public interest, the Fair Housing Act authorizes the Justice Department to seek the assessment of civil penalties up to $100,000 in federal court. The Act also authorizes the Justice Department to file suit on behalf of an individual under certain circumstances.
I have a disability and need to modify the inside of my apartment to make it accessible for my wheelchair. Can my landlord charge me a double security deposit before I can make these modifications?
No! Federal fair housing law and regulations prohibit a landlord from charging a double security deposit when a reasonable modification is made by a tenant. However, the tenant may have to bear the cost of any modifications. The tenant is responsible for restoring changes he or she made to the interior only if, upon termination, the changes would interfere with the use of the apartment by future tenants. The Ohio and Shaker Heights Fair Housing Acts have similar requirements.
I'm a single black male. I recently responded to a newspaper advertisement for a one-bedroom apartment and I was told it had already been rented. How can I verify if discrimination was practiced against me?
It's not that hard! A white male person may act as a "tester" to call or visit the rental office to verify a difference in treatment. The courts permit the introduction of "tester" evidence to verify discrimination. If you believe that you are being discriminated against, you may contact the Shaker Heights Fair Housing office which sometimes conducts tests when investigating fair housing complaints.
I'm a single mother with two children. I'm a Section 8 certificate holder and I'm presently looking for an apartment. Do the fair housing laws protect me?
Yes! The Federal Fair Housing Act applies to all apartments - conventional or subsidized. Keep in mind that you would also probably be covered by the Ohio and Shaker Heights Fair Housing Act.
Foreclosure Issues
A) The City’s Fair Housing Review Board commissioned a foreclosure study, which was completed this year. Does the study report only address predatory lending or does it address other neighborhood problems?
The City’s Study, “Understanding Mortgage Foreclosure Trends in Shaker Heights, Ohio” looks at mortgage foreclosure activity in the City between 2000 and 2006.
“Predatory lending” can mean various things, but generally it is a sub-set of mortgage foreclosures that involves illegal or unethical lending terms. The Study addresses the causes and impacts of all mortgage foreclosures in the City, not just those caused by predatory lending. In looking at the causes and potential actions to address the increased number of foreclosures in the City, the Study also looks at a number of different neighborhood issues, such as vacancies and neighborhood stability.
B) One of the City’s proposals for state or federal action is to “tax sub prime lending and/or high risk loans and provide that funding to help affected communities cover the costs associated with foreclosure.” How would this work and what amount does the City propose?
This idea is very much in the exploratory stage; some initial conversations have been held with researchers and academics on whether this kind of “tax” is feasible, or would even pass constitutional muster. Clearly, this kind of action must be taken at either the state or federal level. The City does not have authority to charge such a tax. This tax would act as a financial disincentive, encouraging lenders to make responsible and sound loans instead of those likely to end up in foreclosure in the near future. This “tax” would also help to create a fund to assist in defraying costs associated with foreclosure. These costs are borne by municipalities to ensure that the property does not become a neighborhood nuisance or have a blighting impact. No set dollar amount has been proposed since the first question – whether this is a viable option – has not yet been determined. The City intends to continue collaborating with other government officials to analyze whether this can work in Ohio, and if so, whether the State is willing to be the lead.
C) Will the City form an ad hoc committee of citizens to seek solutions and act as a communications mechanism with residents?
The City already has citizens on all of its Council committees, as well as on the Fair Housing Review Board and Human Relations Commission, and these committees, especially the Neighborhood Revitalization Committee and the Safety and Public Works committee, advise City departments on current and proposed laws and programs to address all of these housing and neighborhood issues.
Neighborhood associations are notified whenever there is an issue before a committee that could have an impact on the neighborhoods, so their members can attend and hear the discussion. Neighborhood associations are our conduit to the residents in each neighborhood and we will continue to communicate through them.
D) What steps has the City taken to ensure that rental properties are maintained and that nuisance behaviors that affect quality of life in the neighborhoods are addressed?
The City looks at all available tools to address quality of life issues in its neighborhoods.
- In addition to regular and intensified Police activity in particular areas, a strong Criminal Activity Nuisance law now holds property owners financially responsible for the extra costs incurred by Shaker’s Police if they must respond repeatedly to the same property due to various illegal behaviors.
- The City’s Certificate of Occupancy law (section 1413.01 of the Housing Code) was modified to enable the City to revoke the Certificate, requiring tenants to move out if there are repeated criminal nuisance activity violations at the property, or if the owner fails to maintain the property.
- A new Landlord Intervention policy requires landlords whose properties are causing neighborhood nuisances to meet with representatives from Police, Law and Housing Inspection to resolve these issues quickly.
E) Has the City looked at converting two-family homes to single homes?
The City has always looked at ways to ensure that two-family houses remain a strong and competitive part of our housing inventory:
- Certified Shaker encourages upgrades and offers free marketing,
- Historic districting of Winslow Road (entirely comprised of two-family houses),
- Landlord training/discounted tenant screening encourage owner occupancy,
- Tax abatement for significant rehabs in southern Shaker where most two-families are located.
In 2002, the City, as part of the First Suburbs Consortium, sponsored research into the economic feasibility and market demand for two-family conversions to singles. The study found:
- Very limited demand for large single family homes on smaller lots that would result from such conversions,
- They would require substantial public subsidy (c. $70,000/each).
Pilot conversion of a Cleveland Heights double into two singles resulted in sale of only one of the two units. The project was far more costly than expected, and the public subsidy continues to grow.
Shaker aggressively taps market demand for today’s housing needs, encouraging retrofitting of two-family houses for:
- Live/work,
- Multigenerational households,
- Downsizing empty nesters seeking first floor master suites,
- Residents seeking to update great homes plus generate extra income as owner occupant landlords.
See the 2007 October/November issue of Shaker Life for examples of the many innovative ways Shaker residents use two family homes. The City will launch a program in Spring 2008 to encourage new owner occupants of two family houses.
F) What does the City do to ensure that properties are brought up to code at the time of sale or shortly thereafter?
All sellers are required to obtain a Point of Sale inspection, which is a complete interior/exterior examination. The Inspection Report must be presented to the prospective purchaser before entering into a sales contract.
If the parties agree, the seller can pass the violations in whole or in part, onto the buyer. However, funds equal to 150% of the estimated cost of repairs must be deposited in escrow, and those funds cannot be released until authorized to do so by the City.
Approximately 70% of all sellers correct code violations prior to transfer. Buyers typically fund the escrow account. Therefore, they have a financial incentive to correct violations in a timely manner in order to recoup the extra 50% being held as collateral. Since the adoption of the Point of Sale escrow program and escrow requirements in 2000, approximately $11 million has been reinvested in the City’s housing.
The Point of Sale law also applies to properties sold at Sheriff’s Sale after a foreclosure of the property. The lender or other purchaser of the property at Sheriff’s Sale must apply to the City for a Point of Sale inspection within 30 days after the transfer of the property.
To encourage upgrades, the City promotes the County’s two low interest loan programs (the HELP and the Heritage Home Loan program), and has recently adopted a partial tax abatement program for properties in southern Shaker where there is more than $80,000 of reinvestment.
G) Can the City consider repeating a program offered a number of years ago that helped residents to replace roofs?
For the past decade, the City has operated an Exterior Maintenance grant program to assist residents with correction of exterior code violations, including repair or replacement of roofs. This program is still in operation.
H) What is the City doing to encourage people to stay here?
In a recent resident survey, the top five reasons people gave for coming to Shaker were:
- The public schools,
- The natural beauty of the city,
- The quality of its housing stock,
- Its proximity to all of Cleveland’s amenities, and
- Shaker’s sense of community and neighborhoods.
The City has focused on recreation, trails and parks; new housing options and home renovation and preservation; and neighborhood and quality of life issues over the past several years. These improvements, along with outstanding safety and public works services, have contributed to the overall satisfaction of almost all residents in Shaker.
In the recent resident survey, only 8% of respondents expressed any dissatisfaction with Shaker as a place to live. Keeping residents informed, particularly via Shaker Life and the website, also contributes to resident engagement with, and commitment to the community. Elected officials and the administration work continuously to respond to resident concerns and recommendations to keep Shaker a place that attracts and retains wonderful residents.
I) Why are so many houses for sale?
According to information gathered from the Multiple Listing Services (listings of properties for sale) and provided to the City, the number of listings during the first half of 2007 was up roughly 13% over the same period in 2006. This is a very modest increase compared with many neighboring communities and merely reflects the status of the regional and national housing slump. Shaker is holding its own during this difficult period during which the City is actively marketing Shaker both regionally and nationally.
J) Can we name and shame the banks?
The City is looking at all possible ways to work with, or against, those lending institutions that fail to be good citizens by their actions of predatory lending tactics, or irresponsible property ownership. One possible tool is to name the “bad actors” among the lending institutions, and maybe to name the “good citizen” lending institutions that work with the City and help residents, rather than hurting them.
The City’s Foreclosure Study already names institutions that statistically are involved in the foreclosures impacting the City. The City will be considering other actions regarding the institutions as well. Those that fail to maintain properties that they take through Sheriff’s Sales after they foreclose on the properties will be “named and shamed” by criminal prosecutions.
K) Can the City work to force lenders into workouts, perhaps using a third party ombudsman to negotiate with the lenders?
Federal and state law preempts the City from enacting laws to regulate lenders and lending practices. However, the Governor’s Foreclosure Prevention Task Force recently released a draft report entitled “Ohio Foreclosure Prevention Task Force Combined List of Recommendations." The Task Force endorses the concept of working with lenders and servicers to maximize alternatives to foreclosure rather then requiring such action. The report says that the State should “…urge loan servicers to...achieve maximum flexibility in modifying loans…” and “urge loan servicers to pursue all workout options…” While the State backs the notion of meaningful workouts and loan modifications, both the State and the City are without means to enforce this idea.
Modifications themselves can have unintended consequences when the lender actually reduces the principal amount of the loan owed as a part of the restructuring of the loan. Although this reduces the total amount owed by the property owner, the forgiven part of the loan is considered taxable income to the borrower by the IRS and the State. This can result in a heavy tax burden on an already saddled homeowner. Federal legislation has already been introduced – H.R. 1876, Mortgage Cancellation Tax Relief Act of 2007 – that would eliminate the tax on individual income resulting from debt forgiveness on primary residences. Both the City and State are urging Congress to adopt this legislation. The U.S. House of Representatives recently passed the legislation.
Gas Aggregation
A) What is the City’s Natural Gas Aggregation Program rate with IGS?
The new stable, fixed rate for the City’s Natural Gas Aggregation Program for the period November 1, 2007 through June 30, 2008 is $9.29 per MCF.
B) How did IGS set that rate?
IGS worked with the City and its expert consultant AMPO over the spring and summer to purchase the gas needed to serve the entire aggregation beginning in November 2007. The gas was purchased in a process known as "hedging." The gas was purchased in increments to try to take advantage of market changes.
C) Is it guaranteed to be the lowest rate available?
No. It is not possible to guarantee that any rate will be the lowest over any particular period of time. The natural gas market is extremely volatile and is subject to many outside forces such as weather conditions and the overall economy, as well as to natural and manmade disasters.
D) Can I cancel if I find a lower rate?
Yes. There may be a $25 cancellation charge for leaving the aggregation for another supplier. You should contact IGS to ask whether a charge will apply. There is no charge to switch to a lower rate offered by IGS.
E) Can the City change the rate with IGS between now and June 2008?
No, because IGS has already purchased the gas needed to serve the City’s Aggregation customers for the next 8 months.
F) Does the City have the ability to change from IGS to another company if IGS rates are not competitive this winter?
No, the City has a contract with IGS through June 2008. However, the City will be considering whether to continue with IGS or switch to another supplier beginning in July 2008.
G) What about NOPEC?
The City is a member of the Northeast Ohio Public Energy Council (NOPEC) for its electric service aggregation program. However, the City decided to form its own natural gas aggregation program rather than joining the NOPEC gas aggregation program. The NOPEC price for gas over the period November 1, 2007 through June 30, 2008 will be $9.99.
H) How was the Aggregation Program supplier (IGS) selected?
The City hired AMPO as a consultant to help find a gas supplier early in 2006. The City sent out requests for proposals to find a supplier. Many gas suppliers have no interest in serving municipal aggregations. Thus, the pool of suppliers was not nearly as large as the number of gas companies offering individual contracts with consumers (as listed on the PUCO’s website). IGS was selected as the City’s supplier for a number of reasons:
- The City was interested not only in the lowest rate, but also good customer service. IGS had experience with aggregations and a good reputation for customer service.
- IGS was the only company that was expressly willing to be flexible in setting the rate with the City---it was willing to establish a low summer rate the first year and then a 12 month fixed rate, it is willing to work with the City if we want to consider variable rates or other rate plans in the future, and it was willing to purchase gas over a period of time, known as “hedging,” to try to buy gas when the market drops.
General
Are there any laws against kids playing in the street?
Children are not allowed to play or ride in the street unless it has been barricaded for a block party.
Can I store a vehicle that needs repair in my driveway?
Such a vehicle may be parked in a driveway for no more than 15 days. Thereafter, any non-functioning vehicle must be stored out of sight in a garage or other enclosed building.
Does the City have a law pertaining to noise?
Yes. Noise from air conditioners, construction equipment, domestic power tools, explosives and firearms, loudspeakers, radios, televisions, and musical instruments is prohibited if it exceeds certain levels. In addition, excessive noise from motor vehicles, motorcycles, and motorized bicycles is not allowed.
What are the ordinances regarding solicitation?
Solicitors must carry a license issued by the Chief of Police and may operate only between 9:00 AM and one-half hour following sunset.
Ice and Snow Removal
Does the City prohibit the operation of powered snow removal equipment (e.g. snow blowers) between 9 PM and 7 AM on weekdays, and 9 PM and 9 AM on weekends, as it does other domestic power tools?
No. The use of powered snow removal equipment is a specific exception to the law prohibiting domestic power tool use late at night and in the early morning hours. There is no time restriction the use of such equipment.
What are the requirements regarding removal of snow and dirt from sidewalks?
Property owners are responsible for keeping sidewalks free of snow, slush, ice, dirt, mud, debris, or any other foreign substance or nuisance. However, snow that fell during the previous night does not need to be removed before 9:00 AM or more than once a day.
Neighborhoods
The neighbor’s tree branches are hanging in my yard. Can I trim them?
This is a private issue between the two neighbors in which the City has no legal authority.
What is the height a resident can allow his grass to grow before he is required to cut it?
Grass over 6 inches tall is a violation of the Housing Code and is classified as a minor misdemeanor.
Public Health
What are the ordinances regarding bicycle helmets and bicycle safety?
All bicycle operators and passengers over five years of age must wear properly sized ANSI or SNELL approved helmets with fastened chinstraps. Required equipment includes such things as properly colored reflectors and audible warning devices.
