(A) (1) The owner of any structure that has become vacant, as defined in § 1454.03 of this chapter, shall, within 30 days after the structure first becomes vacant, within 30 days of receiving notice that a structure is vacant, or within 30 days after the effective date of this chapter, whichever is later, file a registration statement for each such structure with the code official or his or her designee on forms provided for such purposes. Any owner of a property which files a foreclosure action against said property, or for which a foreclosure action is pending, or a judgment of foreclosure has been issued shall, in addition to all other requirements of this section, provide a cash bond acceptable to the Building Commissioner or his or her designee, in the sum of not less than $10,000, to secure the continued maintenance of the property throughout its vacancy and remunerate the city for any expenses incurred in inspecting, securing, repairing, marking and/or making such building safe by any legal means including, but not limited to, demolition. A portion of said bond in an amount to be determined by the Building Commissioner shall be retained by the city as an administrative fee to fund an account for expenses incurred in inspecting, securing, repairing and/or marking said building and other buildings which are involved in the foreclosure process or vacant.
(2) The registration statement shall remain valid for one year from the date of registration. The registering party shall be required to annually renew the registration as long as the structure remains vacant and shall pay an annual registration fee of $100 for each residential structure and $250 for each commercial or industrial structure for properties up to 10,000 square feet, $500 for properties between 10,001 and 20,000 square feet, $1,000 for properties between 20,001 and 50,000 square feet, $2,000 for properties between 50,001 and 100,000 square feet, and $5,000 for structures over 100,000 square feet; provided, however, that, all religious, educational, benevolent or charitable associations, all governmental agencies shall be exempt from the payment of the annual registration fee. The registering party shall not be entitled to a refund of all or any part of the registration fee should the structure no longer be deemed vacant during the annual registration period.
(3) The owner shall notify the code official or his or her designee within 20 days of any change in the registration information by filing an amended registration statement on a form provided for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the city against the owner of the structure. An owner shall be liable under this section for failing to register a vacant structure, paying an appropriate annual registration fee, or timely updating any change in registration.
(B) (1) In addition to other information required by the code official, the registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner in connection with the enforcement of this chapter. This person must maintain an office in Summit County, Ohio, or must actually reside within Summit County, Ohio. An owner who is a natural person and who meets the requirements of this division (B) as to location of residence or office may designate himself or herself as agent.
(2) By designating an authorized agent under the provisions of this division (B), the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered structure by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this division (B) shall be deemed to consent to the continuation of the agent’s designation for the purposes of this division (B) until the owner notifies the code official or his or her designee in writing of a change of authorized agent or until the owner files a new annual registration statement. An owner shall be liable under this section for failing to register an authorized agent.
(C) The owner of any vacant structure shall, within 15 days of registering a vacant structure, cause a physical inspection of the structure to be made and secure the structure in accordance with this chapter. Photographs shall be taken of the property that accurately portrays the condition of the structure. Photographs shall be dated and preserved. An owner shall be liable under this section for failing to inspect the property or structure or for failing to maintain the inspection photographs as required by this section.
(D) Any owner who fails to register a vacant structure under the provisions of this section shall further be deemed to consent to receive, by posting at the structure, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the structure and premises.
(E) The code official may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a structure beyond the standards provided so that the boarding is reasonably incapable of being removed by trespassers or others acting without the owner’s consent.
(Prior Code, § 1456.04) (Ord. 98-2015, passed 9-14-2015; Ord. 106-2020, passed 9-28-2020)