(A) Definitions.
IMMEDIATE FAMILY MEMBERS is hereby defined as parents, children, grandchildren or grandparents of the owner.
MULTIPLE UNIT SINGLE RESIDENCE shall be defined as any single-family dwelling available for rent by two or more persons or entities for the use of multiple occupants who are not immediate family members.
(B) The provisions of this chapter apply to all rental dwellings as defined in §
159.01
and “multiple unit single residences” defined in this section, with the following exceptions:
(1) All non-owner occupied dwellings being occupied by an immediate family member paying no rent or monthly fee.
(2) All dwelling licensed and inspected by the State of Ohio, including but not limited to motels, hotels, nursing homes, and assisted living facilities.
(C) No person shall lease or rent a rental dwelling or multiple unit single residence within the city without first obtaining an occupancy certificate.
(D) Applications for occupancy certificates will be available in the office of the Code Enforcement Officer. Applications must provide the following information:
(1) Owner's name, home address, business address and mailing address.
(2) Address of the rental dwelling or multiple unit single residence, number of units in the building and permitted number of tenants in each unit.
(3) Telephone number for the property owner and any agents or management agencies authorized to act on behalf of the owner.
(4) Name and telephone number of tenant(s) renting each unit.
(E) Every person issued an occupancy certificate shall give notice in writing to the Property Inspector after the transfer of ownership of any rental dwelling. Notice shall be given in writing 30 days after the transfer of ownership to permit any necessary inspection by the Code Enforcement Officer. Such notice shall contain the name, address and telephone number of the seller and purchaser of the rental dwelling or multiple unit single residence.
(F) Owners of all rental dwellings or multiple unit single residence located within the city must file an occupancy certificate application, available from the Code Enforcement office, 60 days after enactment.
(1) All rental dwellings or multiple unit single residences, except those licensed and/or inspected by the State of Ohio or HUD, will be inspected annually on the following schedules: (See § 159.04(A) through (C) for rules governing interior inspections)
(a) September. All properties with owners’ last names beginning with A, B, C.
(b) October. All properties with owners’ last names beginning with D, E, F.
(c) November. All properties with owners’ last names beginning with G, H, I, J.
(d) December. All properties with owners’ last names beginning with K, L, M.
(e) January. All properties with owners’ last names beginning with N, O, P, Q.
(f) February. All properties with owners’ last names beginning with R, S, T.
(g) March. All properties with owners’ last names beginning with U, V, W.
(h) April. All properties with owners’ last names beginning with X, Y, Z.
(2) Any rental dwelling or multiple unit single residence being rented to a new tenant shall be inspected before the new tenant shall be permitted to occupy the rental dwelling or multiple unit single residence unless an inspection is completed or has been completed within 180 days of the rental. Temporary permission to move in, subject to passing inspection, can be granted by the Code Enforcement Officer, if less than seven days have elapsed since the previous tenant had moved out. This will be based on the Code Enforcement's experience with the landlord. Interior inspection, when requested by the landlord, will be performed at the same time as the exterior inspection.
(3) All dwellings that are being converted from an owner occupied dwelling to a non- owner occupied dwelling, the owner shall notify the Property Inspector prior to occupancy. An inspection of the property shall be conducted by the Code Enforcement Officer to ensure compliance with this section as well as compliance with any zoning, building historic district, or other occupancy requirements pursuant to the ordinances of the city. The Code Enforcement Officer, in his or her discretion, may refer inspections to Muskingum Mid- East Building Authority.
(4) Fees for rental dwelling inspections shall be as follows:
(a) No charge for annual inspection.
(b) No charge for non- annual inspection.
(c) $35 per building for follow-up inspections required by having violation(s) on previous annual or non-annual inspection.
(d) $50 per building for second or more follow-up inspections required by having violations not satisfactorily completed on previous inspection.
(e) A fee of $50 shall be assessed against any owner who fails to appear for a scheduled inspection or fails to cancel a scheduled inspection by 2:00 p.m. of the prior business day.
(f) Inspections must be scheduled from 8:30 a.m. until 4:30 p.m. Monday through Friday.
(g) Minimum seven-day advance notice is required to ensure the availability of the Code Enforcement Officer. It is the responsibility of the owner or owner's agent to notify any tenants in the rental dwelling and to have a key or other access available.
(5) Where a violation of this section is found to exist, the Code Enforcement Officer shall cause a written notice of such violation to be served upon the owner. The notice shall specify the violation committed and shall provide for a reasonable period of time, not to exceed 30 days, to correct the violation. Notice shall be served personally or by certified mail addressed to the owner on the address listed in the application for occupancy certificate. Should the owner refuse or fail to claim the certified mail, notice may then be served by regular mail at the regular address listed for the owner on the application for occupancy certificate. If no occupancy certificate has been obtained, then service may be made by publishing the notice one time per week for three consecutive weeks in a newspaper of local circulation.
(6) Any person aggrieved by the acts of the Code Enforcement Officer may file an appeal to the Board of Property Maintenance Code Appeals and proceed according to the relevant provisions contained in § 159.04.
(Ord. 65-08, passed 9-22-08; Am. Ord. 21-13, passed 4-8-13) Penalty, see § 159.99