(a) The owner(s) of any dwelling structure that has become vacant, as defined in Section 1341.27, shall within sixty (60) days of becoming vacant according to that Section, register with the Building Commissioner or his/her designee and designate an authorized agent located in Cuyahoga County for each vacant dwelling structure owned or under the control of the owner(s) as defined in Section 1341.21. The registration shall remain valid until December 31 of the year of the date of issuance. The owner shall be required to annually renew the registration by January 1 of each subsequent year for as long as the dwelling structure remains vacant and shall pay an annual registration fee of two hundred dollars ($200.00) for each registered dwelling structure. The owner shall notify the Building Commissioner or his/her designee within twenty (20) days of any change in the registration information by filing an amended or designee registration statement on a form provided by the Building Commissioner or his/her designee for such purposes.
The registration statement shall include the name and address of the designated agent and shall reflect the owner's and agent's express agreement to appear in court when summoned, that the agent shall be authorized to testify on behalf of the owner in such case, and that the agent's testimony shall be deemed to be binding upon the owner 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 of the vacant dwelling structure 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 1351.33. Registration under Section 1351.34 of the Codified Ordinances shall not negate the requirements for registration under this Section 1351.33 or any other requirement of Chapter 1351.
(b) In order to complete registration under this Section if the property is vacant and in foreclosure proceedings, an internal and external inspection of the premises equivalent to the Point of Sale inspection in Chapter 1329 shall be required, which shall result in the issuance of a report containing the information required in a Certificate of Inspection as described in Section 1329.01. The owner or agent shall request the certificate of inspection in accordance with the procedures contained in Section 1329.02(a), which shall also govern entry to the premises for purposes of such inspection. The fee shall be the same as that required under Section 1329.04 for a Point of Sale Inspection.
(c) In addition to any other information required by the Building Commissioner or his/her designee, such as a legal photo identification document or card the registration statement shall include the name, street address and telephone number of a natural person eighteen (18) years of age or older, designated by the owner or owners as the agent authorized to receive, on behalf of such owner or owners, notices of violations of City ordinances and for receiving service of 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 Housing Code. The authorized agent must maintain a physical office with a street address in Cuyahoga County, Ohio, or must actually reside within Cuyahoga County, Ohio. A Post Office Box shall not satisfy the physical office requirement. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this Section 1351.33, the owner consents and agrees to receive any and all notices of violation 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 Housing Code, by service of the notice or process on said agent. The designation of an authorized agent under this Section shall be deemed effective until the owner notifies the Building Commissioner or his/her designee, in writing, of a change of authorized agent or files a new annual registration statement.
(d) If a vacant dwelling structure is on property subject to a foreclosure action, the plaintiff in the foreclosure action shall be required to comply with the provisions of this Section 1351.33 if at least one of the following apply:
(1) The plaintiff in the foreclosure action is a mortgagee of the property; and/or
(2) The plaintiff in the foreclosure action has assumed possession or control of the property.
(e) Any plaintiff in a foreclosure action required to comply with this Section 1351.33 pursuant to Section 1351.33(d) shall, in addition to satisfying all other requirements of this Section, provide a cash bond to the Building Commissioner or designee, in the sum of fifteen thousand dollars ($15,000.00), to secure the continued maintenance of the property in compliance with the provisions of this Housing Code throughout its vacancy and to reimburse the City for any fees owed and expenses incurred in inspecting, securing, repairing and/ or making such building safe by any legal means including, but not limited to, demolition. This cash bond obligation shall apply throughout the property's vacancy and until title to the property has been transferred to a third party, in compliance with the requirements of Chapter 1329. If the inspection required in Section 1351.33(b) results in the identification of violations of the Codified Ordinances the correction of which would cost more than fifteen thousand dollars ($15,000), then the City is authorized to require a higher bond, based on the amount set in the report of such inspection. If the Bond is entirely depleted, the Plaintiff in the foreclosure action shall provide a second bond for the greater of the cost of repairing the remaining, uncorrected violations identified in the report of the inspection pursuant to Section 1351.33(b) or fifteen thousand dollars ($15,000), whichever is greater. When the title to the property has transferred, remaining bond funds will be returned to the Plaintiff in the action if that Plaintiff submits a written request for such refund within forty- five (45) days of the transfer of title; otherwise, such funds shall be retained by the City.
(f) An annual administrative fee of one thousand five hundred dollars ($1,500.00) or ten percent (10%) of the required bond, whichever is greater, will be deducted from the bond by the City for administrative expenses including, but not limited to, the processing, accounting, and other administrative functions inherent in the administration of the foreclosure bond. The fee shall be deducted at the beginning of each year and shall not be prorated. These fees will be held in a separate fund. The fees are due from the date the vacancy began. Except for the initial fee, the annual fee shall be due on or before January 1 each calendar year.
(g) Penalty. Any responsible party who fails to comply with any provision of this Section shall be subject to a one hundred dollar ($100.00) per day administrative penalty with a maximum penalty of fifteen thousand dollars ($15,000.00) or shall be guilty of a first degree misdemeanor, or both. Every day such violation occurs or continues shall constitute a separate offense.
(h) In the event the City or one of its contractors, due to a lack of response of an owner or agent, is required to take action to abate a nuisance at a vacant property, the owner will be billed for the cost of abatement in accordance with Chapter 553, "Abatement of Nuisances," of the Codified Ordinances, or if the property is subject to a foreclosure bond as set forth in Subsection 1351.33(d) herein, said bond will be drawn upon to cover such costs.
(Ord. 124-2020. Passed 12-7-20.)