Submitted by jerleen1 on Tue, 10/06/2009 - 19:28.

 This is a pic that I took last winter showing not only little to no room for handicapped accessability but even not enough room for able bodied pedestrians to make it around the tight squeeze of the fence that is called temporary.  This is not to mention the big semi truck bus kitchen on wheels the size of a house that stays parked either on the corner of Jefferson or Professor blocking the view of traffic coming into the intersection and is sooner or later going to cause a little kid to get seriously injured or killed when it darts out in front of a car because this big thing is in the way and nobody can see. 

A lot of questions have been ask about how this guy has got his business papers - just like how the health department lets him keep operating without a proper dumpster and he keeps putting his garbage on the sidewalk - right out where people have to walk - I came by there Sunday and the big kitchen had half the street blocked turned the wrong way, garbage was everywhere, boxes were all over the place, and yet, he brings something to the neightborhood.  What, rats and rodents to dine alfresco?

The mail box sits on the corner and when they block the area, people can't get to the box to drop off their out going mail.  There's a bus stop on the corner as well.

( categories: )

sidewalk access

Jerleen, is the gate on the other side usually closed? I need to go look at this place. I spent over 3 months in a wheelchair this past winter, and it was an eye opener for me. I realized how little access I really had to the world, how barriers kept me out, and since it was winter, I had to have help with the wheelchair in icy conditions. To go on the sidewalk outside the fence with snow that close to the street just is not safe.  And why are places allowed to keep up the barriers in the winter time? There are brackets that can be taken out and the fence taken down. It isn't as if people are going to eat in the snow. 

City of Cleveland Codified Ord. 513


Title I — Street And Sidewalk Areas

Chapter 513 — Issuance of Temporary Public Right-of-Way Occupancy Permits for Outdoor Restaurants

Complete to June 30, 2009


Temporary public right-of-way occupancy permits for business signs, CO Ch 512

Retail business signs in public right-of-way, CO Ch 512A

513.01     Definitions

When used in this Chapter, the following words shall have the following meanings:

(a) "Director" means the Director of Public Service or his designee.

(b) "Outdoor Restaurant" means a portion of a public sidewalk, court, alley, street, or other public right-of-way that is used by a business establishment to serve food and beverage.

(c) "Permit" means a temporary public right-of-way occupancy permit authorized by Section 513.02 of the Codified Ordinances.

(d) "Permittee" means the person who owns the outdoor restaurant permitted to occupy an area of the public right-of-way.

(e) "Right-of-way" means any sidewalk, court, alley, street or other area dedicated or otherwise designated for public use and held by the City.

(f) "Unobstructed Walk" means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.02     Temporary Public Right-of-Way Occupancy Permits

Notwithstanding any codified ordinance to the contrary, the Director of Public Service is hereby authorized to issue temporary public right-of-way occupancy permits revocable at the will of the Council authorizing the placement of outdoor restaurants at permitted locations on sidewalks, courts, alleys, streets or other public rights-of-way in the City, subject to the provisions of this Chapter. A separate encroachment permit for such outdoor restaurants shall not be required.

No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley, street or other public right-of-way with an outdoor restaurant without first obtaining a permit in accordance with this Chapter. Any business owner or operator occupying any portion of a public sidewalk, court, alley, street or other public right-of-way without a permit as required by this Chapter shall be subject to the fines and penalties set forth in Sections 513.09 and 513.99 of this Chapter.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.03     Application for Permits

Application for a permit shall be made to the Director in a form deemed appropriate by him. Such application shall include, but not be limited to, the following information:

(a) Name, phone number and address of the applicant;

(b) Name and address of the business establishment seeking the temporary occupancy permit;

(c) A description of the proposed area, with photographs, to be occupied by the outdoor restaurant and the hours and days of operation;

(d) Detailed plans drawn to scale showing the locations, number and arrangement of tables, chairs, and other structures, the location of the pedestrian diverters planned to demarcate the occupied area, the location of the entrance to the establishment, the locations of fire exits or fire escapes, and the nature and location of any existing sidewalk obstructions;

(e) A description of the tables, chairs, pedestrian diverters, and other structures, including information about the composition.

(f) A signed statement that the applicant is the owner of the business establishment immediately adjacent to the proposed area to be occupied by an outdoor restaurant;

(g) A description of the type of food and beverage to be served;

(h) If applicable, a copy of the applicant's liquor permit, expansion permit, and a complete copy of the expansion permit application submitted to the Division of Liquor Control.

(i) Evidence that all required health licenses, including, but not limited to, the license required by section 241.22 of the Codified Ordinances, have been obtained or have been applied for; and

(j) A signed statement that the permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee and the city from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one or more persons and property damage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit permittee's indemnification obligations to the above-required limits of insurance. Such insurance shall also name the City of Cleveland as an additional insured, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit without thirty (30) days' written notice to the Director.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.04     Permit Fee, Issuance and Duration

(a) An application for a permit shall be accompanied by a fee of two hundred dollars ($200.00) for each outdoor restaurant for which a permit is desired. If the applicant is not issued a permit, the fee shall be refunded, except one hundred dollars ($100.00) for administrative expenses.

(b) On approval of the application by the Director of Public Health, the Director of Public Safety, the Director of Public Service, the Director of the City Planning Commission, the Secretary of the Landmarks Commission, as applicable, and on compliance with the Council notification provision described below, the Director of Public Service shall issue a permit under this Chapter. Denial of a permit may be appealed to the Board of Zoning Appeals.

(c) No permit shall be issued until the members of Council of the wards affected have been provided with written notice by the Director of Public Service and until the expiration of thirty (30) days from the date of the notice, unless the period of thirty (30) days is expressly waived by the Council members in writing. The processing of a complete application shall not take more than ninety (90) days and in the event the application is not processed within ninety (90) days, the applicant shall be entitled to a refund of the permit fee.

(d) Permits shall be valid for a twelve month period, commencing April 1st and ending March 31st. Permits may be renewed, on a form provided by the Director, for the following season provided all the requirements of this Chapter are met, and no changes have been made from the previous approved application. The permit renewal fee shall be one hundred dollars ($100.00) for each outdoor restaurant. If there are changes to the application, a new application must be made under this application and the appropriate permit fee shall accompany the application.
(Ord. No. 104-08. Passed 4-21-08, eff. 4-28-08)

513.05     Permitted Locations

The Director, consistent with the provisions of this chapter and the zoning code, shall establish rules and regulations as the Director deems proper with respect to permitted locations for the operation of outdoor restaurants. The Director shall consider the operation and location of the outdoor restaurant, the maintenance of the business establishment requesting a permit, the proximity and location of emergency exits, fire standpipes, fire hydrants, driveways, handicap ramps, handicapped parking zones, commercial loading and unloading zones, the condition of the sidewalk, and other factors he deems relevant. The Director may modify the rules and regulations as he deems necessary.

The issuance of permits and the maintenance of tables, chairs, and other structures shall be subject to the rules and regulations established by the Director, the zoning code and the following conditions and restrictions:

(a) Outdoor restaurants shall not obstruct emergency exits or fire standpipes;

(b) Outdoor restaurants shall not occupy any portion of the roadway or within two (2) feet of the curb;

(c) Outdoor restaurants shall not be permitted within six (6) feet of any fire hydrant, within five (5) feet of any driveway, within three (3) feet of any sidewalk handicap ramp, or within that portion of the sidewalk parallel to an area designated for parking, handicapped parking or commercial loading and unloading; and

(d) At any location where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet with the exception of the following areas which shall have clear, continuous unobstructed sidewalk at width of no less than ten (10) feet:

(1) Public Square;

(2) East 9th Street between Carnegie and the East 9th Street Pier, Lakeside Avenue, St. Clair Avenue and Superior Avenue between Ontario Street and East 13th Street; and

(3) Ontario Street between Carnegie Avenue and Lakeside Avenue, East 6th Street between Superior Avenue and Lakeside Avenue.
(Ord. No. 72-03. Passed 5-12-03, eff. 5-21-03)

513.06     Permits

Permits shall be issued in such a manner that they are distinguishable from liquor permits issued by the State of Ohio and shall be posted in a conspicuous location in a window or other readily visible location of the frontage of the applicant's business establishment. The permit shall be protected from the weather as necessary and shall be clearly visible from the public sidewalk, court, alley or street and not obstructed by awnings, landscaping or other impediments.

Each permit shall contain the following information:

(a) The name and address of the permittee;

(b) A description of the permitted location;

(c) A description of the tables, chairs and other structures;

(d) A statement indicating whether the permittee is authorized by the State of Ohio to serve alcohol in the outdoor restaurant.

(e) The expiration date of the permit; and

(f) Any other information the Director deems desirable.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.07     Requirements and Conditions of Permit

(a) Permittees and their agents shall comply with all of the requirements of this chapter and any applicable state law, while engaged in business at permitted locations.

(b) The outdoor restaurant shall be placed only on the location set forth in the permit.

(c) An outdoor restaurant located in the Central Business District shall not operate earlier than 6:00 a.m. nor later than 12:00 midnight. An outdoor restaurant located in any district other than the Central Business District shall not operate earlier than 6:00 a.m. nor later than 11:00 p.m.

(d) Permittees and their agents shall obey any order of a police officer or other emergency personnel to remove their tables, chairs and other structures from the public right-of-way if necessary to avoid congestion or obstruction in an emergency.

(e) Permittees shall maintain all required health licenses, including, but not limited to, the license required by Section 241.22 of the Codified Ordinances.

(f) Permittees and their agents shall be responsible for maintaining all outdoor restaurant structures and associated equipment in good repair, free of corrosion and in a safe, sound and nonhazardous condition.

(g) Permittees and their agents shall be responsible for keeping the general area around the permitted location free of litter and shall provide a suitable container for the placement of paper, wrappers, and other similar items used by customers and others within the permitted area. Permittees and their agents shall maintain at least six (6) feet of unobstructed walk as required by the Director of Public Service, which shall be free of snow at all times, as required by Section 507.13.

(h) Permittees shall not cook food in the outdoor restaurant.

(i) Permittees shall not place signs in the outdoor restaurant, except under a permit issued by the City of Cleveland.

(j) No permit shall be transferable in any manner.

(k) A permit is valid only when used at the location designated in the permit.
(Ord. No. 104-08. Passed 4-21-08, eff. 4-28-08)

513.08     Permit Suspension and Revocation

(a) The Director may suspend or revoke the permit of any permittee if the permittee or his agent fails to abide by the provisions of these Codified Ordinances or state law, or if any required health license has been suspended or revoked.

(b) The Director shall give written notice of suspension or revocation of the permit to the permittee or his agent stating the reasons therefor. If the reason for the suspension or revocation is that a required health license has been suspended or revoked or that the permittee does not currently have an effective insurance policy as required by division (h) of Section 513.03, the action shall be effective upon giving such notice to the permittee or to his agent. Otherwise, such notice shall contain the further provision that the action shall become final and effective ten (10) days thereafter unless, within five (5) days of receipt of notice, the permittee requests a hearing before the Director. The Director shall forthwith hold the requested hearing, at which time the permittee shall be afforded the opportunity to give his version of the facts which gave rise to the Director's action. After the hearing the Director shall determine whether to proceed with the action or to rescind it.

(c) The action of the Director may be appealed to the Board of Zoning Appeals.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.09     Removal of Tables, Chairs and Other Associated Equipment

Any tables, chairs and other associated equipment placed in a public sidewalk, court, alley, street or other public right-of-way without a permit issued pursuant to this section may be seized and removed. Prior to such seizure and removal, the property owner or operator of the business establishment fronting on the public right-of-way from which the tables, chairs and other associated equipment are to be removed shall be notified and given two (2) days in which to remedy the violation. If the property owner or operator of the business establishment fails to remedy the violation, the City may seize and remove the tables and chairs and other associated equipment.

Notwithstanding any other provisions of this Chapter, the City may seize any tables and chairs and other associated equipment, whether placed with or without a permit, without prior notice if the tables and chairs and other associated equipment are placed in the public right-of-way in such a place or manner as to pose an immediate and serious danger to persons or property or if the condition of the tables, chairs, and associated equipment renders them unsafe, unsound or hazardous so as to pose an immediate and serious danger to persons or property. After seizure, the City shall promptly notify the owner or operator of the business establishment and such individual shall have the right to request an informal hearing before the Director within ten (10) days after such notification to determine whether the seizure was proper.

As a condition of recovering any tables and chairs and other associated equipment properly seized pursuant to this section, the owner of such tables and chairs and other associated equipment shall pay an impound fee covering the actual cost to the City of transporting and storing such tables and chairs and other associated equipment.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.10     Taxes

The Permittee shall be responsible for all charges and all federal, state or local taxes, including property taxes, which may now or hereafter be imposed or levied upon the outdoor restaurant and the services provided in connection therewith.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.11     Regulations

The Director may promulgate such regulations, not inconsistent with the provisions of this Chapter, establishing procedures for the issuance of permits.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)

513.99     Penalty

Whoever violates any provision of this Chapter shall be guilty of a misdemeanor of the third degree. Each day during which noncompliance or a violation continues shall constitute a separate offense.
(Ord. No. 1800-2000. Passed 3-26-01, eff. 4-2-01)



Compare this picture to the

Compare this picture to the one I posted today.  It is progress. 





Debbie. fact is this

Debbie. fact is this particular fence is suppose to come down around November 30 each year but Rocco Whalen seems to be on the side of favortism in our community and people with disabilities or special needs don't count.  The gate at the end is usually kept blocked and most of the time is taped shut.  The tables you see stacked against the fence were at one time stacked in front of the gate.  Why have a gate in the first place, a handicapped person in a wheel chair has enough of a hard time without having the added burden of opening a gate in cold weather.  In the summer months you don't have access to that gate at all when the restaurant is open.  And if you try to go through there you are met with extreme resistence and get turned around.

As you can see there is a light pole that is right in the passage way of trying to get around by the corner of the fence and with vehicles parked very close to the sidewalk - maneuverability is most difficult.  I have spoken to a number of individuals that have attempted to walk through the openings when the restaurant was open and they were treated with hostility - one gentleman told me that they even physically grabbed his shirt and pushed him out.  Another said they told him he couldn't pass because he wasn't dressed right (he had on a muscle shirt).  Tremont West does not want to take a position on this because he (Rocco Whalen ) is considered one of the beautiful beople - hes "award winning."  He is the restaurant that operated about six years without a Certificate of Occupancy.  This is also the establishment that I have a copy of the document that proves TWDC Executive Director Colleen Gilson, back in 2002 signed whereas TWDC was paying the Cleveland Public Library $140.00/month for parking spaces for Fahrenheit to use for valet services.  

This is the document that has the "Limited Liability Clause" that states "This Agreement shall not be made a part of any Public Records."  I attempted to review the cancelled checks at TWDC to see what funds this money was paid out of  but Chirs Garland told me that that was an unreasonable request. 

and if you try to cross

the street at that point, rather than go around, you have to back track to a driveway apron, or navigate a curb. Then you have to try to cross outside the crosswalk (jaywalk) and its very difficult to see around cars, etc. - particularly if you are at a level lower to the ground.

Correction - I spoke to

Correction - I spoke to Henry Senyak a little bit ago and he reviewed some files and came across a city ordinance that was passed in the last twelve months or so whereas the temporary patio fences such as Fahrenheit's can stay up year round with the stipulation that there be six feet (6ft) of unabstructed accessabilit.

Even with that there is still not six feet of clear passageway through or around that fenced off space at any time. 


nice photo jerleen

 really sets forth how impassable that corner is.  hadn't fully appreciated that until now.

thank you

Add snow drifts ADA population suffers


Brooklyn Centre has a number of residents who use wheelchairs to get around--I don't know about the Tremont population, but it's one of the most horrorifying sights to see wheelchairs trying to negotiate snowy streets because sidewalks are not cleared, or worse, as you illustrate with this photo, when residents encounter complete obstruction.


and the comical relief part of this tragedy

 is that maybe ten years back there was a push in Tremont to create cut out curbs for wheelchair accessibility throughout the neighborhood.  make Tremont ADA compliant as we have "all these important businesses that are going to open here"

and then obstructions are created by the very businesses Tremont "wanted to attract."

a story from the world of bj regarding these inconsistent messagings (we want to be ADA complaint but then create obstructions) - Shakespeare in the park a few years back was confounded by rain.   moved from Lincoln Park to Pilgrim Church (maybe) and then the elder man in a wheelchair who came with his family from a nice eastside suburb (believe these are some of the very people that were wished to be attracted to yupsclae Tremont) to enjoy Shakespeare in the park was precluded from the event as he could access the park but not the facility where the event was moved due to rain.

this is NOT intended to slight Pilgrim at all - we do believe it is wheelchair accessible but perhaps not the entire facility or wherever the "rain date" moved the performance to.

this matter was brought to our attention by this man's daughter who thought Tremont might be concerned about this.  any attempt to inquire with TWDC (that took some credit for this event along with the council rep) were met with hostility and deflections and attacks of anyone who dared ask questions.  

your photo Jerleen indicates that no, Tremont is not concerned at all.

but i guess it was a good excuse to access gov't money to redo all the sidewalks on Professor avenue. 

You see the red lights at

You see the red lights at the intersection and the big b-b-q grill on wheels sitting in front, imagine an RTA bus coming down Jefferson trying to make the turn at that corner when the big rig is parked there?  The Cleveland's Traffic Engineer Commissioner also gave Mr. Whalen a Valet Zone permit for that same corner that usually holds up traffic and busses during prime time and weekends - (they hold up about 4 car spaces which hinders traffic coming through the intersection as well.  We've been asking that the Traffic Commissioner review the valet zone are and move it farther back from the corner to insure safer conditions for traffic in and out of the intersection but no progress to date.

Take back our streets

Take back our streets walk.  Maybe one is needed for this area to take back our streets from the commercial developers.

Isn't there a compromise that could be used in this situation?  The restaurant could move the fence to allow easy access to pedestrians.  It doesn't look like it would take too much trouble to do that.  And, on the plus side, the restaurant could also take responsibilty for keeping the walk around the restaurant free of snow, ice, and debris.  It could be a win-win situation for all.  Of course along with the neighborhood half price or reasonable priced days so the neighbors can enjoy the restaurant too.  It could work if the new embraced the old and found a way to co-mingle.  Snobbishness would have to left at the entrance to the neighborhood though for this to work.