(a) Inspections Authorized. All residential housing of the City which is offered for rent or lease shall be subject to reasonable inspection at reasonable times, with prior notice, by the Housing Division of the City in order to determine whether or not such dwellings and/or dwelling units are in a condition which is compliant with the standards set forth in this Section. Only one (1) such inspection per year may be performed, unless a dwelling unit is found to be substantially non-compliant with such standards, in which event additional inspections as set forth herein shall be permitted. In the alternative, an applicant may supply an inspection report from a certified home inspection service dated within thirty (30) days of the date it is submitted, that the unit meets the minimum requirements of the Housing Code, is in a sanitary condition, in good repair, having a properly- installed and functioning heating system and electrical and plumbing service, and in other respects in compliance with all applicable health and safety codes and regulations including the International Code of Property Maintenance.
(b) Certificate. Upon inspection, or receipt of an inspection report from a certified home inspection service, a property found to be in compliance with the International Property Maintenance Code and the City Housing Code shall be granted a certificate of occupancy, which shall be valid for one (1) year. After the first year, an annual Certificate Renewal Fee shall be paid by the owner of the residential property as follows: for a structure with 1 to 4 dwelling units, $75.00 per unit; for a structure with 5 to 10 residential units, $60.00 per unit; for a structure with more than 10 residential units, $50.00 per unit up to a maximum total of $2,000.00 per structure.
(c) Rental Unit Inspection. Dwelling units which are subject to being rented or leased may be inspected annually; provided, however, that if an inspection of a dwelling unit other than a vacant dwelling unit subject to paragraph (e), below, has been performed within the previous thirty-six (36) months and the dwelling unit involved was found to be in substantial compliance with the standards of this Section, then the owner of such unit may supply the Director with a written statement verifying there has been no material change in the condition of the unit since such inspection, and pay a continuation fee as set forth below in lieu of an annual inspection.
(1) No person shall rent or lease, or materially assist or participate as an agent in renting or leasing any real property located within the City which includes one or more dwelling units, without first obtaining a certificate and paying all required fees as set forth herein. In addition to any other penalty or enforcement action, the Director of the Division of Housing is authorized to assess a $250.00 civil penalty against any person found to be in violation of the foregoing prohibition; provided, however, that no penalty may be assessed against a person solely for refusing to permit an inspection by an officer or agent of the City without first obtaining a search warrant.
(d) Point of Sale Inspection. Dwellings or dwelling units are subject to inspection of the exterior only within thirty (30) days prior to the sale, transfer, or conveyance thereof, as well being subject to full inspection upon complaint that a violation or violations may exist, or upon conversion to a rental dwelling unit. This provision shall not apply to court-ordered transfers, or to transfers between spouses or between parent and child unless the transfer is a bona fide sale between related parties.
(1) No person shall sell, transfer, or convey, or materially assist or participate as an agent in selling, transferring or conveying an interest in real property located within the City which includes one or more dwelling units, other than a transfer excepted in subsection (d) above, without first obtaining an exterior inspection and certificate from the Housing Division. In addition to any other penalty or enforcement action, the Director of the Division of Housing is authorized to assess a $500.00 civil penalty against any person found to be in violation of the foregoing prohibition. An inspection of a dwelling unit that is to be sold, transferred or conveyed must be performed within 30 days of the date of sale, transfer or conveyance in order to be effective. If the real property involved has been subject to an inspection within the previous year and was found to be in substantial compliance with the requirements of this Chapter, the transfer inspection may be waived by the Director upon the payment of a $25.00 fee.
(2) The parties to a prospective transfer who are unable to perform repairs which may be required pursuant to such inspection prior to transfer may enter into an agreement whereby the legal responsibility for bringing a property into compliance is assumed by the transferor, transferee, or agent of either, as long as such agreement provides for the required repairs to be done within a definite and reasonable time agreed to by the Housing Division, and provides that the City of Ashtabula shall have standing to enforce said agreement by legal action if the required repairs are not completed within said reasonable time. When such an agreement is presented to and approved by the Director, he shall issue a conditional certificate of occupancy incorporating the requirement that such repairs be performed within the time agreed upon. The certificate shall be deemed to be revoked if the conditions are not met.
(3) The exterior inspection required by this Section shall include the following:
A. The property should be free of visible exterior structural defects, with chimneys and foundations intact without missing or broken masonry, intact and functional gutters and downspouts, secured and unbroken windows and doors, intact siding and soffits, intact steps and porches in good repair with all necessary railings, and an intact roof without missing shingles or visible damage;
B. The yards should be free of rubbish or debris, with noxious weeds, brush, and dead trees removed;
C. All required sidewalks should be level and unbroken;
D. Accessory buildings such as garages should be in good repair and free of visible structural defects;
E. A house and all accessory buildings should be free of significant areas of peeling paint and at least 80% of any wood siding must be covered with intact paint or stain.
(e) Inspection of Vacant Dwellings. Dwellings which have been vacant for a continuous period of one hundred eighty (180) days or more, or which have been secured against occupation by order of any public body or agency, shall be registered with the Housing Division on a form approved by the City Manager and shall be inspected annually.
(f) Properties Inspected by Other Agencies. Dwellings or dwelling units which are or have been inspected for habitability standards by another governmental agency, such as the Ashtabula Metropolitan Housing Authority, and have passed such inspection, are not subject to a further inspection by the City of Ashtabula in the same calendar year, as long as the owner or manager of said unit pays the applicable annual certificate renewal fee.
(g) Inspection Fees. Fees for inspections shall be charged as follows:
(1) For an inspection of a dwelling unit that is the subject of a pending sale, transfer or conveyance: $25.00.
(2) For an inspection upon complaint, if determined to be valid: $50.00.
(3) For an inspection of a dwelling unit that is being rented or leased and for which the applicable annual certificate renewal fee has been paid: $25.00 per unit.
(4) For a re-inspection required by reason of violations observed upon a first inspection: $50.00; for further inspections required by failure to address violations observed upon a second inspection: $75.00 per inspection.
(5) For an inspection agreed to by the owner or agent which is cancelled without at least 24 hours notice, or not accomplished by reason of the failure of the owner or agent to appear for the scheduled appointment: $75.00.
(h) Any fee required under this Section which remains unpaid for 60 or more days may be certified to the County Auditor for collection along with and as real estate taxes assessed by the City. (Ord. 2019-49. Passed 5-6-19.)