1246.01 Purpose.
1246.02 Definitions.
1246.03 Obligations of owners and persons in control.
1246.04 Registration.
1246.05 Registration fees.
1246.06 Inspection.
1246.07 Vacant building plan.
1246.08 Vacant building maintenance standards.
1246.09 Notice of violation.
1246.10 Effecting compliance.
1246.11 Appeals.
1246.12 Procedure for appeal.
1246.13 Interpretation of chapter.
1246.14 Effective dates of this chapter.
1246.99 Penalty.
(a) The purposes of this chapter are:
(1) To ensure that owners of vacant property are known to the Village and to other interested parties, and can be contacted if necessary;
(2) To ensure that owners of vacant property are aware of the obligations and responsibilities of ownership under applicable laws;
(3) To ensure that owners of vacant property meet minimum standards of maintenance under the law; and
(4) To encourage and speed the process of rehabilitating buildings to achieve increased occupancy.
(b) This chapter is adopted to establish a program for identifying and registering vacant buildings within the Village that may present fire hazards and other health and safety hazards to the public, that may provide temporary shelter for transients, drug users, drug dealers and other lawbreakers, that may devalue other properties in the Village, that may detract from private and/or public efforts to rehabilitate or maintain surrounding homes and buildings, and that may, in general, present hazards to the health, safety, and welfare of the public. Through a registration, inspection, and monitoring process, vacant buildings will be kept weather tight and secure from trespassers, will provide safe entry to police officers and firefighters in times of emergency, and will not impede private and/or public efforts to rehabilitate or maintain surrounding neighborhoods and buildings.
(Ord. 2019-19. Passed 2-24-20; Ord. 14-2022. Passed 9-12-22.)
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the following meanings:
(a) "Authorized agent" means a person who resides within the Village of East Palestine, Ohio, who shall be authorized in writing by the owner or person in control of a vacant building to be responsible for the security and maintenance of the building and property, who shall have access to the building and property, and who shall be available at all times in case an emergency occurs requiring immediate response and/or immediate repairs.
(b) "Evidence of vacancy." Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
(c) "Fire Chief" means the Fire Chief of the Village of East Palestine, or his or her designated agent.
(d) "Fire Code" means Chapter 1602 of the Village of East Palestine's Codified Ordinances.
(e) "Fire Department" means the Fire Department of the Village of East Palestine.
(f) "Knox box" means any small safe or security device with a lock operable only by a fire or police department master key, attached at or near entrances to vacant buildings, and containing building entry keys and other keys that may be required for access to the building in an emergency.
(g) "Owner." Any person, in whose name the property is titled, and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(h) "Person in control" means the owner of the property; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public, or private entity, lessee or holder of a lessee estate in the property, and/or its duly authorized agent(s) or assignees, with the authority to bring a building or property into compliance with the provisions of this chapter, including but not limited to any mortgagee that has filed an action in foreclosure on the particular property at issue, based on breach or default of a mortgage agreement, until title to the property is transferred to a third party.
(i) "Persons" means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by law.
(j) "Property" means not only the vacant building, and any other buildings of any kind located on the property, but also the entire parcel of land surrounding the vacant building, including, but not limited to, fences, walkways, walls, and appurtenances.
(k) "Secured by other than normal means." A building secured by means other than those used in the design of the building.
(l) "Temporarily vacant" means an owner-occupied residential building which may nevertheless be unoccupied by the owner or owners for up to six months in any calendar year.
(m) "Unoccupied." A building which is not being used for the occupancy authorized by the owner.
(n) "Unsecured." A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
(o) "Vacant building." A building (which includes both residential and commercial, trailers and individual suites within a building complex, separated by common walls excluding government-owned buildings) which is:
(1) Unoccupied and unsecured;
(2) Unoccupied and secured by other than normal means;
(3) Unoccupied and an unsafe building as determined by the Village Manager, Building/Zoning Inspector, Fire Chief, or County Building Inspector;
(4) Unoccupied and having utilities disconnected;
(5) Unoccupied and has housing or building code violations;
(6) Illegally occupied, which shall include loitering and vagrancy;
(7) Unoccupied for a period of time over ninety days and having an existing code violation issued by a Property Maintenance Officer;
(8) Unoccupied, with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner.
(Ord. 2019-19. Passed 2-24-20; Ord. 14-2022. Passed 9-12-22.)
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