(a)
No person shall occupy or let to another for occupancy, or enter into any written agreement any dwelling for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of the Housing Code. For purposes of this Chapter, a property occupied under a land installment contract or lease-purchase agreement shall be treated as a rental unit unless the contract or agreement has been recorded in the Ashtabula County Recorder’s office for five years or more, or the seller has provided satisfactory evidence that the buyer has paid at least 20% of the principal balance due. The floor and window area and minimum ceiling height requirements of existing dwelling units need not be enlarged to meet the minimum requirements of the Housing Code but the requirements for additional persons per minimum square feet of floor area shall not be violated. (Ord. 2013-130. Passed 8-19-13.)
(b) The owner of vacant structures and premises thereof or vacant land shall cause the same to be properly maintained in a clean, safe, secure and sanitary condition as provided in the Housing Code as not to cause a blighting condition, public nuisance or adversely affect the public health and safety.
(c) All vacant or substandard structures shall be brought into full compliance with this code before residential occupancy is approved.
(d) The provisions of the Housing Code shall be deemed to be the minimum requirements to protect the health, safety and welfare of the people of the City. Where the Housing Code applies a more stringent requirement than applicable State law, the Housing Code shall be deemed to control.
(e) Effective September 1, 2013, and thereafter, non-payment for a period of sixty (60) days or more after payment is due of any inspection fees, nuisance abatement fees, or sewer or rubbish fees owed to the City of Ashtabula by the owner of any rental property; or having real estate taxes assessed against the subject rental premises by the County taxing authorities which are not paid within one (1) year of the date the same are last payable without penalty, shall be deemed to be a public nuisance and a violation of the Housing Code. The Division of Planning and Community Development shall be timely notified of delinquencies by the City Manager or the Finance Director as the case may be, and shall thereupon send a Notice of Violation to the owner of the affected property, describing the non-payment and advising the owner that unless payment in full is made within 30 days, or a satisfactory payment plan is proposed and accepted within 30 days, an Order of Vacation may be issued pursuant to Section 1361.13
. A copy of said Notice of Violation shall be sent to any known or disclosed tenants of the affected property. If no payment is made or satisfactory payment plan proposed and accepted by the Director of Planning and Community Development, vacation proceedings in accordance with Section 1361.13
shall be commenced as soon as practicable.
(1) No payment plan shall be accepted by the Director that provides for a payment period in excess of 180 days. All payment plans must include a provision that the owner shall pay new or additional charges as the same become due.
(2) The existence of a payment plan under this Section shall not serve as a stay of any other enforcement action related to such fees, including but not limited to certification of delinquent amounts to the County Auditor for collection as and with taxes.
(3) The Director shall notify the City Finance Director of any payment plan which includes amounts previously certified, and the City Finance Director shall thereupon notify the County tax collection authorities of any such payments received.
(4) The existence of a payment agreement with the County tax collection authorities for delinquent taxes is an acceptable payment plan under this Section.
(5) The Director may, with the approval of the City Manager, take the enforcement action described in this paragraph (e) as to all properties within the City of Ashtabula which are used as rentals by an owner of multiple properties, one or more of which has incurred delinquent fees as described herein.
(Ord. 2013-100. Passed 6-17-13.)
(Ord. 2013-100. Passed 6-17-13.)