(a) The owner(s) of any residential property upon which a primary residence has become vacant shall, within 60 days after the residence becomes vacant, or within 30 days after the effective date of this Section 1147.30, whichever is later, register with the Community Development Administrator and designate an authorized agent located in Geauga County, Ohio, for each vacant primary residence. The registration shall remain valid for one year from the date of registration. The owner shall be required to annually renew the registration as long as the primary residence remains vacant and shall pay an annual registration fee of fifty dollars ($50.00) for each registered primary residence. The owner shall notify the Community Development Administrator within 20 days of any change in the registration information by filing an amended registration statement on a form provided by the Community Development Administrator 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 or owners of the dwelling structure. The failure of the owner(s) of a vacant primary residence to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the owner from compliance with this Section 1147.30.
(b) If a foreclosure action has been filed with respect to property containing a vacant primary residence, the plaintiff in the foreclosure action shall be required to comply with the provisions of this Section 1147.30 if both of the following apply:
(1) The plaintiff in the foreclosure action is a mortgagee of the property; and
(2) The plaintiff in the foreclosure action has assumed possession or control of the property.
(c) In addition to any other information required by the Community Development Administrator, the registration statement shall include the name, street address, and telephone number of a natural person 18 years of age or older, designated by the owner or owners as the authorized agent for receiving, on behalf of such owner or owners, notices of violations of City ordinances and for receiving process, in any court proceeding or administrative enforcement proceeding related to the use or maintenance of the property or the dwelling structure, including but not limited to notices and processes served in connection with the enforcement of the Codified Ordinances of the City of Chardon. The authorized agent must maintain a physical office in Geauga County, Ohio, or must actually reside within Geauga County, Ohio. An owner who is a natural person and who meets the requirements of this division (c) as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this Section 1147.30, the owner is consenting to receive any and all notices of violations of City ordinances and to receive process, in any court proceeding or administrative enforcement proceeding related to the use or maintenance of the property or dwelling structure, including but not limited to proceedings related to the enforcement of the Codified Ordinances, by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Community Development Administrator in writing of a change of authorized agent or until the owner files a new annual registration statement.
(d) For purposes of this Section 1147.30, "vacant" means a structure which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful residential occupancy has ceased, or which is substantially devoid of contents. In determining whether a primary residential structure is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the structure or floor area to the occupied space, the condition and value of any items in the structure and the presence of rental or for sale signs on the property; provided that a structure shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine-month period and a person entitled to possession intends to resume residing at the property; and further provided that a structure containing more than one dwelling unit shall be considered vacant when all of the dwelling units within the structure are vacant. If an owner fails to obtain a Zoning Certificate for Occupancy for any structure for which Zoning Certificate for Occupancy is required pursuant to Section 1115.03, the structure will be presumed vacant.
(e) Whoever violates or fails to comply with any of the provisions of this chapter, for which no penalty is otherwise provided, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 3116. Passed 5-14-20.)