(a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings as follows:
(1) "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant, including but not limited to significantly below standard utility usage, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, accumulation of trash, junk, or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with habitation or occupation, and statements by governmental employees or owners that the property is vacant.
(2) "Owner" means any and every person, entity, bank, or service company, who alone or severally with others has legal or equitable title to any dwelling, dwelling unit, building, structure, or parcel of land; or has care, charge or control of any dwelling, dwelling unit, building, structure, or parcel of land, in any capacity, including but not limited to agent, executor, administrator, trustee or guardian of the estate of the holder of legal title; or is a mortgagee in possession of any such property; or is an agent, trustee, receiver, or other person appointed by the courts and vested with possession or control of any such property.
(3) "Person" means a natural person or any legal entity, including but not limited to a corporation, firm, partnership, estate, trust or association.
(4) "Secured by other than normal means" means a building secured by means other than those used in the design of the building.
(5) "Unoccupied" means building which is not being used for the occupancy authorized by the owner.
(6) "Unsecured" means a building or portion of a building which is open to entry by unauthorized persons.
(7) "Vacant building" means a building, excluding government-owned buildings, which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by other than normal means; or
C. Unoccupied and an unsafe building as determined by the Building Commissioner; or
D. Unoccupied and having utilities disconnected; or
E. Unoccupied and has housing or building code violations; or
F. Illegally occupied, which shall include loitering and vagrancy; or
G. Unoccupied for a period of time over ninety (90) days and having an existing code violation issued under the authority of the Building Commissioner; or
H. Unoccupied and abandoned by the property owner.
(b) Vacant Building Registration.
(1) In all areas zoned for residential or commercial use, an owner of a vacant building shall register such structure with the Building Commissioner not later than 90 days after it becomes a vacant building, or not later than 30 days of being notified by the Building Commissioner of the requirement to register based on evidence of vacancy, whichever event first occurs.
(2) The registration shall be submitted on forms provided by the Building Department and shall include the following information supplied by the owner:
A. The name(s) and address(es) of the owner or owners;
B. If the owner does not reside in a location within 25 miles of the City corporate limits, a property agent, manager or caretaker residing or doing business within a 25-mile-radius of the City shall be designated and identified by name, address and telephone number. By designating an authorized agent under the provisions of this section, the owner is consenting to the service of any and all notices required or allowed under this section upon said agent;
C. The names and addresses of all known lienholders and all other parties known or believed upon information to have a claim of an ownership interest in the building;
D. A telephone number where a responsible party can be reached at all times during business and non-business hours; and
E. A vacant building plan as described in division (3) of this subsection (b).
(3) The owner shall submit a vacant building plan which must meet the approval of the Building Commissioner. The plan, at a minimum, must contain one of the following:
A. If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within 30 days of acceptance of the proposed demolition timeline and does not exceed one year in accordance with the Ohio Building Code; or
B. If the building is to remain vacant, a plan for the ensuring the building is secured in accordance with all applicable building and fire codes along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant; or
C. If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the building and grounds. The rehabilitation plans shall not exceed 12 months from the time permits are issued, unless otherwise approved by the Building Commissioner. Any repairs, improvements or alterations to the property must comply with any applicable codes, and the property must be secured during the rehabilitation.
(4) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Building Commissioner of any changes in information of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision must be in writing and must meet the approval of the Building Commissioner.
(5) The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable health codes, property maintenance codes and fire codes.
(6) Any new owner shall register or re-register a vacant building with the Building Department within 30 days of any transfer of an ownership interest in the vacant building, unless the building is to become occupied upon transfer. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Building Commissioner.
(7) Failure of the owner or any subsequent owners to maintain the building and premises that result in remedial action taken by the City shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
(8) The provisions of this section apply to all owners of record and both the vendor and vendee under any actual or alleged land contract or lease-purchase agreement, whether recorded or unrecorded.
(9) The registration and all associated processes must be completed in its entirety annually for as long the property remains vacant.
(c) Inspections.
(1) The Building Commissioner may inspect or cause to be inspected any premises in the City for the purpose of enforcing and assuring compliance with the provisions of this section. Upon the request of the Building Commissioner, an owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection; or otherwise the Commissioner may inspect under the authority of a warrant.
(2) Vacant properties shall be externally inspected by the Building Commissioner a minimum of twice per year to ensure compliance with property maintenance codes.
(d) Fees. The fees described in this subsection (d) are established in order to defray the cost to the City related to the health, safety and economic impacts of structures which remain vacant for long periods of time, including but not limited to administrative costs for registering and processing the vacant building owner registration form and for the costs incurred by the City in monitoring the vacant building site. The fees are also structured in order to provide appropriate incentives for owners of vacant buildings to care for them properly, seek to fill them, and in appropriate cases demolish them. The annually increased fee amounts are intended to absorb the costs incurred by the City for demolition and hazard abatement of or repairs to vacant buildings, as well as the continued normal administrative costs stated above.
(1) The owner of a vacant residential building shall pay an annual fee of $200.00 for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the $3,200.
(2) The owner of a vacant commercial building shall pay an annual fee of $400.00 for the first year the building remain vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling $6,400.
(3) The fee shall be paid in full prior to the issuance of any building permits unless the property is granted an exemption.
(4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.
(5) Absent a showing of good cause, if a building is not timely registered as vacant, or the registration is not renewed within 30 days after the expiration of one year from the date of the previous registration, a penalty shall be paid in addition to the annual registration fee. The penalty shall be equal to one half of the current annual fee or $1,000.00, whichever is less.
(e) Exemptions. Any owner of a vacant building may request an exemption from the fee imposed in subsection (d) by filing a written application with the Building Commissioner, who shall timely consider the same. Basis for exemptions include, but are not limited to:
(1) A building under active construction or renovation and having a valid building permit at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.
(2) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Building Commissioner. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
(3) Any other basis for an exemption may be submitted to the Building Commissioner for consideration.
(f) Economic Development Fund. Revenues collected pursuant to this section shall be placed in the Economic Development Fund.
(g) Appeals. Any owner who is served a notice of vacant property registration may, within 14 calendar days of receipt of such notice, apply for an exemption as set forth in subsection (e) of this section. Any person adversely affected by a decision made in the enforcement of this section shall have the right to appeal to the Board of Zoning Appeals from such decision. Such appeal must be timely submitted in writing upon forms provided by the Building Commissioner.
(h) Construction. In the event any provision in this section materially conflicts with any provision of Chapter 1360 of the Code, the conflicting provision of this section shall control only with respect to the conflicting provision of Chapter 1360. In the event any provision in this section materially conflicts with the provisions of Section 1360.32, the provisions of Section 1360.32 shall control only with respect to the conflicting provision in this section.
(Ord. 2016-37. Passed 5-23-16.)