Cleveland Heights City Council Declares MYXX a Nuisance

A year ago, Cleveland Heights Mayor Ed Kelley cut the ribbon during the celebration of .

Now he says “enough is enough.”

City Council declared the Cedar Fairmount business a nuisance at its regular meeting Monday night and authorized abatement of the nuisance.  

According to council documents, the city manager and police chief have “reported that numerous criminal activities, including aggravated riot, assault, assault of a police officer, fights, underage consumption of alcohol, public intoxication, open containers of alcohol, excessively loud music, disorderly conduct and public urination have occurred and are habitually occurring at and around the business.”

“It’s just not acceptable,” Kelley said. “…Cedar Fairmount is not downtown Detroit.”

Police Chief Jeffrey Robertson said in an interview in June that he’s had complaints about the business, which opened in July 2011 in the former Jillian's space, from neighbors in the area. Some calls came in the after the bar closed when a fight broke out, a car struck an officer and 300 people spilled out into the Cedar Fairmount intersection.

Police June 24, a Sunday, another night when the complaints usually occur, because MYXX was hosting a party, Robertson said, and they don’t have a rental hall permit.

Martin Horwitz, Beachwood City Council member and owner of the apartment building at 2130 Surrey Road, spoke at the Aug. 6 council meeting and said he’s seen the problems first-hand. He said he observed the area until 2:30 a.m. on two different Thursdays.

“I have tenants who cannot go to their cars at night because they are afraid of the gangs that congregate in the lot,” Horwitz said. “… I have tenants woken up in the middle of the night by screaming, music, and sometimes more violent acts. This is a blight on the area.”

 He thanked the department for the strong police presence — he said 12 to 15 officers were there.

“It’s two in the morning, and I have 12 police officers there? They could be better used elsewhere in the city … That’s not a good use of manpower,” Kelley said.

The Cedar Fairmount Special Improvement District Board of Trustees also sent a letter to council dated Aug. 4 and urged members to declare MYXX a nuisance.

“We have had continual complaints from neighbors. Our business owners and residents in the area have expressed concern,” the trustees wrote.

Kelley said the city has taken similar action in the past with the former Platinum Dreams on Cedar and Taylor and the Shillelagh Bar on Noble Road.

The Shillelagh now has certain restrictions, Kelley explained. When asked if MYXX could implement similar provisions or turn things around, Kelley said he couldn't speculate what will happen in court.

Kelley said Law Director John Gibbon has been in “constant contact” with MYXX, and Kelley also spoke with Kim Lisboa, who operates the business, before it got to this point.

According to council documents, the business was recently sold by order of federal court from Cedar-Fairmount Realty, Ltd. to JDI Loans, LLC. Other people and entities listed as owners or operators include Stephen Tate and KIM LSB, LLC.

Kelley said he hopes to “remedy the situation” with the new owners.

“If they can’t operate a normal business that adds to the health and vitality of that neighborhood, they’re not going to be in business,” he said. “It’s just not working out.”

Lisboa could not be reached before this article was published, but said in an interview in June that the recent complaints about the disturbances and the business needing a certain type of permit weren't warranted.

"I had a birthday party there (Sunday, June 24). There was no fee or charge, nothing. Anybody could have come in. We’re a restaurant and we serve food and drinks and have dancing. They said I was a party hall and had no permit, but that is not the case,” Lisboa said. “It was kind of a bogus claim. It was not warranted at all.”

She also said on the night of June 17, there were six police cars outside, "probably causing panic."

"I don’t like this negative publicity or rumors floating around,” she said. “We have our own security … we take means to make sure people are safe. We’ve never had a fight break out in there ever. It’s been a pretty decent, mellow, non-confrontational crowd.”

Police Chief Robertson said in June that he's received many complaints about the business.

“I’ve talked to residents in the area, particularly on Surrey Road, and they’re tired of the disturbances when people are coming and going,” he said. “I’ve received reports of males urinating on lawns of apartment buildings on Surrey and other noise disturbances. And they do come out of her building. You’re responsible for what goes on inside and outside of your establishment, and it’s disrupting the area.”

Look for more updates from the Aug. 6 City Council meeting soon.

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