CLEVELAND CITY OFFICIALS SAY BLOCKED SIDEWALK IS ADAQUATE FOR SAFE PASSAGE

Submitted by jerleen1 on Sun, 02/06/2011 - 21:29.
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This photo was taken on Thursday evening in front of Fahrenheit's at 2417 Professor Avenue (Tremont).

Immediately after I snapped a couple of shots, I went directly across the street to a TWDC economic Development Committee meeting wherein B & H Assistant Director Ron O'Leary was in attendance.

I brought this matter to the attention of those present and was told by Sammy Catania that City of Cleveland Superintendant of Public sidewalks John Petkac had been out and deemed the hazardous path safe for all - including citizens confined to wheelchairs.

Any of you who have been out lately has no doubt eyed the huge iceblock wall constructed (cinderblock style) which spans the entire width of the fenced in area.  The (6ft. high etched wall) (against the black fence on the right hand side) completely impedes any walking traffic from utilizing the sidewalk.  Everyone, including the handicapped, must detour around the fence.....and pray that they safely make it past this ridculous blockade. 

Being that we are totally at the mercy of those who support this contracption - perhaps these tax paid city officials should hear from residents.

jpetkac [at] city [dot] cleveland [dot] oh [dot] us, RNBROWN [at] city [dot] cleveland [dot] oh [dot] us, ROLeary [at] city [dot] cleveland [dot] oh [dot] us and mflask [at] city [dot] cleveland [dot] oh [dot] us.

 

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Superintendent of Sidewalks?!

Wow, Jerleen--you and I are on the same wavelength here.  I am dumbfounded by the lack of snow removal on major sidewalks and bridges in NEO.  There ARE folks who walk and don't drive. 

During last night's snow storm, I saw our firemen outside of the #20 station on West 25th and they used their snowblower to clear a path for themselves to the ALDI's next door (about the only time I see them--they live in the suburbs don't you know). 

You would think that maybe..just maybe...they wouldn't mind a little exercise and would consider clearing important sidewalks in the neighborhood for the elderly and young moms that live here.  Or how about a program that would employ some of the young teens?  Just a thought on a miserably, cold, grey Cleveland day.

Not to mention - Fahrenheit

Not to mention - Fahrenheit valets were seen shoveling snow from the valet area up onto the narrow icy path.  The second attached photo depicts the huge ice wall that prevents anyone from traveling through the gate to the other side.

It's not so much about the snow - but how can it be legal for anyone to intentionally block the sidewalk?  Mr. Whalen buys a "Temporary" sidewalk permit from the city (renewable on a yearly basis) and even though he is allowed to leave up the black rail fence, how can he be allowed to get away with his actions? 

 

Two classes of people

  How is Farenheit allowed to get away with a temporary permit ?  Two class society, my friend...it's hard to believe the times we are witnessing.

'Class'-ification of Tremonsters: "Mustela putorius furo"

Those business owners are NOT "classy" by far..."Classy people don't continually violate the public at large, do they?" Classy people don't puick and pee on people's front yards, do they? Classy people don't park in front of fire hydrants, do they? Classy people don't smugly violate the laws, do they? Classy people don't get away with so much crap, do they? I thought only punks, jerks, and pathetic weasels got away with such crap! But then again, I bet it's those same classy people who work downtown that protect this bunch of business owners...

Mustela putorius furo - it means, rather fittingly, weasel-like stinky thief.

Mustela putorius furo, meaning weasel-like stinky thief in latin.

 

Always Appreciative, "ANGELnWard14"

they are not referred to as

they are not referred to as "classy."  They are "Professionals."

Professional, pukers, pissers, loiters, drunks to mention a few.  As I've said before, the only difference in being a "professional" drunk ---is the cost of the pee water.

I think it maybe because he

I think it maybe because he forks over about $200 a year.  Sad thing is, about a year or so ago the legislation was changed so that the fence could stay up all year.  A couple of months ago the one gate had a padlock on it.  A permit for temporary outdoor seating is supposed to be just that - temporary (seasonal) outdoor seating.

According to my information, Director Robert Brown is the one who writes these legislation changes - and he doesn't even live in the city.

I stated at the ED meeting that perhaps it's time to provide some accomodations for Mr. Brown in the area where we live, work and play for about 6 months.  I think he might go back and re-write some of his so call "legislation."

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)

 

 

 

 

(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;

 

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

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

It seems reasonable that the above condition - "A description of the type of food and beverage to be served"  - of the temporary permit is being violated when the outside seating area is not being used for months at a time.   With no food being served, and the public right of way instead being used for snow stockpiling,  both the letter and the spirit of the by-law are being violated.
 
Now one solution would be to come up with a tantalizing Winter Ice Menu.   One well known Eskimo chef I consulted suggested 1. Appetizer. frozen walrus blubber soaked in Stoli (this can be set out on the tables ahead of time since it is already frozen) 2. lichen on small rock salad (orange in color, high in B12  )   3.  Cargill road-salt Cuyahoga perch alchohol flambe (this is served on the pavement so you can warm your feet), 4. desert Hot Paraffin Wax dipped fig cheesecake. (a nice finish on the pallet and the wax warms your hands).
 
"Temporary" means temporary use, not continuous use (or continuous fenced in non-use).
 
513.05 (d) also appears to be violated.   (d) requires a 6 foot wide "unobstructed sidewalk".  In the snow image above it appears there is somewhat less than a 2' wide pedestrian way.  
 
Frankly, when I walk by Fahrenheit, it is disturbing to me that the public pedestrian must take a circuitous route around the iron fencing - this imposition is really "in your face" and not the best PR.  

 

 

 

Parking up-date:  Tremont

Parking up-date:  Tremont West is suposedly taking over the valet parking.  It is my understanding that a contract has been signed for the usage of Tremont Montessori School.  The plan is to have each business owner contract out a certain number of spaces.  From what I'm told there are discussions about entering a contract with a different valet company. 

Many many residents have complained about the fence obstruction on the sidewalk in front of Fahrenheit - but the city gave him permission to stick it up there, so it's the same ole story. 

Rocco Whalen acts like he owns the dang sidewalk.

 

Parking empire

If someone is willing to pay $5.00 to park, it's a money-maker.  I almost think that the restaurants in Tremont are just lures for parking revenue.  The same goes for downtown. 

Parking is a money-maker business with very little overhead.  Frangos Group--yeah, Gus Frangos--king of the land bank--is related to one of the big parking lot operators here.  Ampco is a major operator, too.

And, hell, if no one plows or shovels the sidewalks in a town--you have to drive...by design...

Let's Hear it for Tremont!!!

Public Servants are their number 1 clientele at these fancy places... You really don't think that they are going to do anything about all these violations, do you? (Even if you all protest, cite the countless incidents, and unite to fight the regime...they are still going to smirk, call in their favors, and keep on keeping on without any repercussions...) 

Line the streets during "TASTE OF TREMONT WITH SIGNS & ENLARGED PHOTOS" regarding CRIME IN TREMONT STATISTICS! 

Put up a big screen TV & show the Catania Movie...Let the viewers choke on the main ingredients of corruption... Post names, cite specific crimes committed, and show photos... Put up a billboard outlining the FRANK GIGLIO case file... Let the TRUTH set them Free...

They insult the lifelong residents regularly... give them a taste of thier own crap! Except-instead of running your jaws behind closed doors like they do---put it on front street! 

Always Appreciative, "ANGELnWard14"