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1701.06 VIOLATIONS.
   (a)   Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
 
   (b)   Notice of Violation. The code official shall serve a notice of violation or order in accordance with Section 1701.07 .
 
   (c)   Prosecution of Violation. Any person failing to comply with a notice of violation an order served in accordance with Section 1701.07 , or any other provision of this Code, shall be deemed guilty of a minor misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code. A second offense for the same violation shall be considered a fourth degree misdemeanor.
   (d)   Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
   (e)   Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 75-02. Passed 7-22-02.)
1701.07 NOTICES AND ORDERS.
   (a)   Notice to Owner or to Person or Persons Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in subsections (b) and (c) hereof. Notices for condemnation procedures shall also comply with Section 1701.07 (c).
   (b)   Form. Such notice prescribed in subsection (a) hereof shall be in accordance with all of the following:
      (1)   Be in writing.
      (2)   Include a description of the real estate sufficient for identification.
      (3)   Include a statement of the violation or violations and why the notice is being issued.
      (4)   Include a correction order allowing ten (l0) days or longer depending upon the correction order to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
      (5)   Inform the property owner of the right to appeal.
   (c)   Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
      (1)   Delivered personally;
      (2)   Sent by certified or first-class mail addressed to the last known address, or
      (3)   If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
   (d)   Penalties. Penalties for noncompliance with orders and/or notices shall be as follows:
      (1)   For a minor misdemeanor, a maximum fine of one hundred dollars ($100.00) plus court costs. The Chillicothe Municipal Court may set an appropriate waiver fee.
      (2)   For a fourth degree misdemeanor, a maximum fine of two hundred fifty dollars ($250.00) and/or a thirty (30) day jail term plus court costs. The Chillicothe Municipal Court may in addition set other conditions, including repair orders.
   (e)   Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 75-02. Passed 7-22-02.)
1701.071 NOTIFICATION OF FORECLOSURE FILING.
   (a)   Definitions.
      (1)   “Person” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, trust, or association.
      (2)   “Vacant” means that no person actually resides in any part of the building or that no person conducts a lawful business in any part of the building.
   (b)   Notice to City of Foreclosure Filing. Any person who files a complaint for foreclosure involving real property located within the City of Chillicothe shall file an affidavit of facts relating to the foreclosure with the Ross County Recorder within ten days of filing the complaint. A copy of the affidavit shall be filed with the City Engineering Department within twenty days of its recording, bearing the volume and page number as assigned by the Recorder. The copy shall be in written form, or other form as prescribed by the City Engineer. The affidavit shall contain the following information:
      (1)   The property address and parcel number;
      (2)   The current owner of the property as reflected in the records of the Ross County Recorder and the volume and page number of the underlying deed;
      (3)   The name and address of the person or agency filing the foreclosure action;
      (4)   The date the foreclosure complaint was filed and case number assigned by the court; and
      (5)   The name, address and telephone number of the person or agency responsible for maintaining the property if the property is vacant or becomes vacant at anytime during the foreclosure action.
   (c)   Requirement to Keep Information Current. Any person who files an affidavit of facts pursuant to this section shall file a new affidavit with the Ross County Recorder if, at any time, the information contained in the affidavit of facts set forth in subsection (b) hereof is no longer current. A new affidavit shall be filed within ten days of any change in information contained in any affidavit required by this section, and shall state the applicable new information and the volume and page number of the previous affidavit as assigned by the Recorder. A copy of the new affidavit shall be filed with the City Engineering Department within twenty days of its recording, bearing the volume and page number as assigned by the Recorder. The copy shall be in written form, or other form as prescribed by the City Engineer.
   (d)   Penalties.  
      (1)   No person shall fail to file a copy of the affidavit of facts relating to the foreclosure involving real property with the Engineering Department within twenty days after filing an affidavit with the Ross County Recorder. Whoever violates this section is guilty of failure to file a notice of foreclosure, a misdemeanor of the fourth degree.
      (2)   No person shall fail to file a new affidavit of facts involving real property with the Engineering Department within twenty days of any change thereto. Whoever violates this section is guilty of failure to maintain notice of a foreclosure, a misdemeanor of the fourth degree.
         (Ord. 141-06. Passed 12-11-06.)
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