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1414.02 DEFINITIONS.
   As used in this chapter:
   (a)   DESIGNATED CITY OFFICIAL: Means the Building Commissioner of the City of Brook Park, Ohio and/or his/her designee.
   (b)   DWELLING: Means any building or portion of a building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that is occupied for living purposes.
   (c)   DWELLING UNIT: Means a space within a dwelling, comprised of a living, cooking and dining area, a sleeping room or rooms, storage closets and bathing and toilet facilities, all used by only one family.
   (d)   OWNER: Means the person claiming, or in whom is invested, the ownership, dominion, or title of real property including but not limited to: holder of fee-simple title, holder of life-estate, holder of leasehold estate for an interim term of five years or more; a buyer under contract for deed; a mortgagee, receiver, executor or trustee in control of real property; but not including the holder of leasehold estate or a tenancy for initial term of less than five years.
   (e)   PERSON: Means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest or any other legal or community entity.
   (f)   PROPERTY MANAGER: Means a person other than the owner that has managing control of a rental unit.
   (g)   RENT: Means the offering, holding out or actual leasing of a rental unit to an occupant other than the owner or the owner’s immediate family members limited to: father, mother, daughter and son of owner or spouse of owner, and generally involves the payment of a rental amount although other forms of consideration may be involved or no consideration at all may be involved.
   (h)   RENTAL UNIT: Means any dwelling unit; or any rented room within a single family or two family dwelling, duplex, condominium or townhouse where either money or other valuable consideration is paid for occupancy of such unit, or a person, not the record owner, is occupying the unit, whether or not such person pays money or other valuable considerations therefore. This section does not apply to owner’s immediate family members limited to: father, mother, daughter and son of owner, or spouse of owner.
   (i)   TENANT: Means any person who rents or leases a rental unit for living or dwelling purposes with the consent of the landlord, except the owner’s immediate family members limited to: father, mother, daughter and son of owner, or spouse of owner.
   (j)   INSPECTION: The scope of the inspection shall be limited to such areas as are in plain view.
      (Ord. 11059-2019. Passed 1-22-19; Ord. 11137-2019. Passed 12-3-19.)
1414.03 RENTAL REGISTRATION REQUIREMENTS AND FEES.
   (a)   Each owner of a rental unit within the City shall register each such rental unit with the designated City official within thirty days of the effective date of this chapter and shall renew such registration annually. Each new owner of a rental unit within the City shall make application for registration with the designated City official within thirty days after the date of acquiring ownership of a rental unit. A separate registration shall be required for each rental unit.
      (1)   Each application for rental registration shall be accompanied by a nonrefundable fee of one hundred dollars ($100.00) per rental unit with a maximum fee for rental units of two thousand dollars ($2,000).
      (2)   If an owner fails to timely register a rental unit, the registration fee shall be tripled per unit. The owner shall also be subject to the penalty provisions as set forth below.
   (b)   Application for rental registration shall be made upon a form provided by the City for such purpose, and shall indicate at least the following information:
      (1)   Owner's name, address, and work and home telephone number. No post office boxes will be accepted. A State of Ohio photo identification will be required for identification purposes only;
      (2)   If owner is a partnership, the name and address of all partners, the principal business address, and telephone number of each partner;
      (3)   If owner is a corporation, the person registering must state whether it is organized under the laws of this state or is a foreign corporation, and must show the mailing address (no post office boxes), business location, telephone number, name and address of the person in charge of the local office of such corporation, if any, and the names and addresses of the registered agent, all officers and directors or trustees of such corporation, and, if a foreign corporation, the place of incorporation;
      (4)   Name, address, and telephone number of the property manager, if applicable (no post office boxes);
      (5)   Street address of the rental unit;
      (6)   Number of person(s) occupying the rental unit;
      (7)   Whether there has been a change of occupancy or an additional tenant of the rental unit since the date of last registration;
      (8)   Signature of the owner or owner's agent; and
      (9)   Signature of the primary or principal tenant.
   (c)   The designated City official shall cause a general exterior inspection of the rental unit. After the inspection the City Official will either issue a certificate of registration or provide notification to the owner that the application does not comply with the requirement or that the rental unit does not comply with building and maintenance code requirements.
   (d)   A certificate of registration shall expire on March 31 of each year.
   (e)   Registration is not assignable or transferable, and shall be reapplied for with each change in ownership or transfer of title.
   (f)   Nothing in this chapter shall be construed to proscribe and/or eliminate any requirements in Chapter 1323, entitled "Certificate of Occupancy" from being fulfilled.
(Ord. 11059-2019. Passed 1-22-19.)
1414.04 RENTAL REGISTRATION RENEWAL.
   (a)   The owner of the rental unit shall renew the registration of a rental unit on or before March 1st of each year. At the time of renewal, on a form prescribed by the Building Commissioner, the owner shall supplement the information provided to reflect any changes in tenants or otherwise from the initial application. The renewal shall be received by March 1st, and the fee for said renewal shall be one hundred dollars ($100.00) per unit. Any renewal fee received after March 1st shall be assessed a late fee of three hundred dollars ($300.00) per unit.
   (b)   If there are any changes from the original application, the registration becomes null and void and the owner of the rental unit shall be required to register for a new application.
(Ord. 11059-2019. Passed 1-22-19.)
1414.05 INSPECTION REQUIREMENTS.
   The designated City official shall be authorized to make or cause to be made inspections once every year. In order to verify and ensure compliance with the property maintenance code requirements such inspections may also be made whenever the designated City official has reasonable cause to believe that any violations of this code exists therein or thereon.
(Ord. 11059-2019. Passed 1-22-19.)
1414.06 VOIDING REGISTRATIONS.
   Any rental registration shall be null and void if:
   (a)   The rental unit for which the registration was granted and the use to which it is put does not comply in all respects with this code and with all other applicable laws and ordinances;
   (b)   Any false statement or representation has been made by the applicant or owner in connection with the application or issuance of the rental registration; or
   (c)   The owner of the registration does anything prohibited by this code or by any other law or ordinance relating to such building or its use.
      (Ord. 11059-2019. Passed 1-22-19.)
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