Cleveland Heights City Council declares Myxx a public nuisance

Cleveland Heights City Council passed an emergency ordinance at its Aug. 6 meeting declaring Myxx, a restaurant and bar located at 12459 Cedar Road, in the Cedar Fairmount Business District, a hazard to the health and safety of the community and authorizing the city manager and law director to take any steps necessary to abate the nuisance.

Mayor Ed Kelley said, “We had received numerous complaints from neighbors and businesses and there was no progress on working out the issues.”

The resolution, read by Council Member Jason Stein, cited numerous criminal activities that had taken place at the business, including aggravated riot, assault, assault of a police officer, fights, underage drinking, public intoxication, open containers of alcohol, excessively loud music, disorderly conduct and public urination.

The building—which had been owned by Cedar-Fairmount Realty, was recently sold by order of the federal court and is now owned by JDI Loan—and had been the site of several incidents in June. The restaurant and bar, owned by Kimberly Lisboa, Stephen Tate, Cedar-Fairmount Realty and KIM LSB, is open Wednesday through Saturday from 4 p.m. to 2:30 a.m. It is closed Sunday through Tuesday, but will open for events if scheduled in advance.

The Cedar Fairmount Special Improvement District sent a letter to council on Aug. 4 saying that neighbors, businesses and residents had complained about disturbances caused by customers of Myxx, and asking council to declare the business a nuisance.

Martin Horowitz, owner of the apartment building at 2130 Surrey Road, adjacent to city parking lot #27, addressed council during the meeting’s public comment period. “During the past month,” he said, “I have personally observed continuing nuisance that results from patrons leaving this bar.”

On the night of Aug. 2, Horowitz was at the scene around 2:30 a.m. when the bar closed. “Kids entering the lot were screaming at each other,” he said. “They use foul language with obscenities. They sit in the car with the windows rolled down for more than five minutes making noise way in excess of any noise ordinance the city may have.” Horowitz said that the police responded to his complaints, but that the perpetrators were gone by the time police arrived on the scene.

“I have tenants who cannot go to their cars at night because they are afraid of the gangs that congregate in the lots,” he said. “This is a blight on the area that so many businesses and property owners have worked to make into a premier residential and entertainment district.”

Mark Axel, a bartender at the Fairmount Martini & Wine Bar, was working the night of June 24, when Cleveland Heights police closed down Myxx citing the business for lack of a proper permit. Axel said that Myxx attracts a rowdy crowd. “It’s always crazy over there,” he said.

“This is not downtown Detroit, this is Cleveland Heights, Ohio,” said Mayor Kelley. “Cedar Fairmount is one of our many prestigious commercial areas. This is not acceptable in our town.”

Deanna Bremer Fisher

Deanna Bremer Fisher is executive director of FutureHeights and publisher of the Heights Observer.

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Volume 5, Issue 9, Posted 3:11 PM, 08.07.2012