The following provisions and regulations shall govern the issuance of any personal property sale permit contemplated by the provisions of this chapter:
(a) Application for a permit shall be made in writing to the Mayor or designee, in such form as shall be prescribed by the Mayor or designee, at least three (3) days prior to the date proposed for the conduct of such sale.
(b) The application shall be signed by the person proposing to conduct or manage such sale and by the owner of the property where such sale is to be held, if the identity of such persons is different. The Mayor or designee may waive the signature of the owner.
(c) The application shall set forth the address of the property where such sale is to be held; the name of the owner and occupant thereof; the name of the person who will be in charge of such sale; the dates upon which and the hours during which such sale is proposed to be conducted; a reasonably complete and comprehensive inventory of all property proposed to be so sold or offered for sale, together with the name of the owner of and the present location of such property and an estimate of the total value of such property.
(d) No permit shall be issued to authorize the conduct of a personal property sale which extends for more than three (3) days' duration, is conducted before 9:00 a.m. or after 9:00 p.m. on any sale day, or is conducted on Sunday. For good cause shown the Mayor or designee may grant an extension of not to exceed two (2) days for the duration of any sale.
(e) No permit shall be issued to authorize the conduct of a personal property sale on any property where a permit for such a sale has previously been issued and used at any time within one (1) year of the date of application for the current permit. The Mayor or designee may waive this restriction when there has been a change of ownership of the property within such one (1) year period or in cases where its enforcement would create undue hardship.
(f) No permit shall be issued to authorize the conduct of a personal property sale where it is intended to sell or offer for sale any property other than as is described in Section 741.01, or any property which on the date of the application is not legally owned by the occupant of the premises where such sale is proposed to be conducted, or any property which has not been continuously physically located upon such premises for a period of at least thirty (30) days next preceding the date of application for such permit.
(g) No permit shall be issued to authorize the conduct of a personal property sale when it is to be conducted or managed in any way, whether directly or indirectly, by any person other than the occupant of the premises where the sale is to be conducted, until there has been filed with the Mayor or designee a good and sufficient bond in the sum of five hundred dollars ($500.00), with two (2) or more sureties thereon or with the surety thereon being a surety company authorized to do business within the State of Ohio. The bond shall be subject to the approval of the Director of Law and shall be conditioned upon the faithful observance of all the provisions and conditions of this chapter and the terms and conditions of the permit to be issued, and shall also indemnify any purchaser at such sale who suffers any loss by reason of any misrepresentation made in the course of such sale or with respect to any property sold.
(Ord. 6-1962. Passed 3-5-62; Ord. 153-2021. Passed 12-6-21.)