Berea clarifies residential property exterior maintenance standards

BEREA, Ohio — Of all the exterior property maintenance information presented at the Jan. 6 City Council meeting, the statement that seemed to resonate the most was that “bad taste is not actionable.”

While it drew some chuckles and commiserating nods, Director of Law and Public Safety Barbara Jones added that everyone’s definition of what is visually appealing varies when it comes to the exterior of residential properties.

Tacky décor doesn’t necessarily equate to a violation.

“It’s not ‘Better Homes and Gardens’ that we’re looking for,” Mayor Cyril Kleem said. “We’re just trying to enforce a minimum standard.

“We do try to work with people (to address property violations), particularly since a significant number we come into contact with are seniors or are physically or mentally disabled.”

Berea’s Division of Exterior Maintenance Code Enforcement falls under the Public Safety Department, along with the divisions of police and fire. All three report to Jones.

She said the law applies to properties with “obvious visual problems, which may occasion incipient blighting conditions.”

Blight exists when “a building or structure is so poorly maintained that it poses a threat to the health and safety of the public or to the people living nearby,” Jones explained.

Conditions lowering the value of neighborhood properties fit the definition of blight as well.

“As long as someone is meeting the minimum standards of maintenance, we can’t and won’t do anything,” Jones said.

“Minimum standards are what we can enforce legally.”

People in the past have asked city officials to compel neighbors to remove offensive lawn decorations, flags or other items, she added, but the city cannot do that — especially in cases of political sentiment — because it can be considered “coercion” and infringement of a person’s free speech.

“We are also constrained by the 4th Amendment (i.e. unreasonable search and seizure), because unless we’re in a public right of way, it’s considered a search (when accessing private property to investigate a complaint),” Jones said.

She noted that a warrant would be needed.

“For example, we won’t get on a ladder in the (complainant’s) yard to look over the fence.”

In addition, for a situation to be deemed a public nuisance, the offensive or unsafe conditions must affect more than one neighbor.

Otherwise, it’s considered a “private nuisance” requiring the complainant to hire their own attorney to pursue it, Jones said.

For more information, go to the city website and access the “Community and Services,” “Exterior Maintenance” pulldowns.

Or call the Berea Housing Resource office at 440-973-4740.

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