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(a) The owner shall register with the Housing Department not later than 90 days after any residential property in the City becomes a vacant building, or not later than 30 days of being notified by the Housing Department of the requirement to register based on evidence of vacancy, whichever event first occurs.
(b) The registration shall be submitted on forms provided by the Housing Department, with the associated fee of two hundred dollars ($200.00), and shall include the following information supplied by the owner:
(1) The name(s) and address(es) of the owner or owners, whether personal or corporate;
(2) If the owner/corporation does not reside in or have a principal place of business in Ohio, the owner/corporation or servicer shall provide a name, address, phone number, emergency contact information, and email of a manager/agent in charge of the building who does reside in or have a principal place of business in Ohio. By designating an authorized manager/agent under the provisions of this section, the owner is consenting that the manager/agent is authorized to receive any and all notices relating to the property and conformance of any and all ordinances;
(3) The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
(4) A vacant building plan as described in division (c) of this section.
(c) The owner shall submit a vacant building plan which must meet the approval of the Code Official. The plan, at a minimum, must contain information from one of the following three choices:
(1) If the building is to be demolished, a demolition plan indicating the proposed timeline for demolition, which includes starting within 30 days of acceptance of the proposed demolition plan and does not exceed one year, in accordance with the Ohio Building Code; or
(2) If the building is to remain vacant, a plan for ensuring the building is secured along with the plan or procedure that will be implemented to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or
(3) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds, The rehabilitation plan timeline shall not exceed 12 months from the time the owner obtains permits, unless the Code Official grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes and the property must be secured during the rehabilitation,
(d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Code Official of any changes in information of their vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be in writing and must meet the approval of the Code Official.
(e) The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable City Building and Housing Codes.
(f) A new owner(s) shall register or re-register the vacant building with the Housing Department within 30 days of any transfer of an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Code Official.
(g) The failure of the owner of the vacant building to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner from registering the property.
(h) Failure of the owner or any subsequent owners to maintain the building and premises that result in remedial action taken by the City shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
(i) The Code Official or his/her designee shall include in the file any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant building.
(j) The registration and all associated processes must be completed annually for as long as the property remains vacant.
(Ord. 15-2012. Passed 2-6-12; Ord. 161-2015. Passed 12-7-15; Ord. 26-2022. Passed 3-7-22.)
The Housing Department shall inspect any premises in the City for the purpose of enforcing and assuring compliance with the provisions of this chapter. The Code Official or his/her designee, may request that an owner provide access to all interior portions of an unoccupied building in order to perform an inspection. Nothing contained herein, however, shall diminish the owner's right to refuse consent for an interior inspection. If deemed necessary, the Code Official or his/her designee will be required to obtain the procurement of a search warrant from a court of competent jurisdiction in order to enable such inspection. The following shall apply:
(a) Vacant properties may be externally inspected by the Code Official a minimum of twice per year to ensure the compliance with property maintenance codes;
(b) A Notice of Violation will be completed for each inspection indicating any property maintenance code violations;
(c) Unless otherwise determined, by the discretion of the Code Official a property owner will have 90 days to correct the code violations. Failure to correct the violations by the compliance date may result in prosecution.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)
Any owner of a vacant building may request an exemption from the fee imposed in Section 1763.05(b), by filing a written application with the Housing Department who shall timely consider same. Bases for exemptions include, but are not limited to:
(a) A building under active construction/renovation and having a valid building permit(s} at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.
(b) A building which has suffered fire damage or storm damage caused by incidents of extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Housing Department. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
(c) A building that is for sale and listed with a licensed State of Ohio realtor, or by owner, shall be exempt for a period of 12 months from the start of vacancy, provided that the owner submits proof to the Housing Department of such listing, for sale status and has a current Point of Sale Inspection with the Housing Department.
(d) A building whose owner is deceased and the administration of the estate is pending within a County probate court shall be exempt during the pendency of the probate matter.
(e) Any two-family or three-family dwelling where the owner resides in one dwelling unit and the other dwelling unit(s) remains vacant.
(f) Any other basis for an exemption may be submitted to the Housing Department for consideration.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)
(a) Any owner who is served a notice of vacant property registration may, within 14 calendar days of receipt of such notice, apply for an exemption as set forth in Section 1763.09 herein.
(b) Any person adversely affected by a decision of any City official made in the enforcement of this chapter or any ordinance for which the Planning and Zoning Commission is designated to hear appeals, shall have the right to appeal to the Planning and Zoning Commission from such decision. Such appeal must be filed in writing and upon forms provided by the Commission. The time and place of the appeal hearing shall be fixed by the Commission. The Commission shall have the power to approve, amend, modify or reverse any decision of such City official. The decision of the Commission shall be final.
The provisions of Chapter 1301 of the Planning and Zoning Code, establishing the Planning and Zoning Commission, shall also be applicable, to the extent that such provisions are not in conflict with the provisions of this section.
(Ord. 15-2012. Passed 2-6-12; Ord. 26-2022. Passed 3-7-22.)
(a) Any person who files a complaint for foreclosure involving real property located within the City on which there is a building or structure shall notify the City of the filing of the foreclosure complaint and shall file a complete copy of the foreclosure complaint with the Code Official within ten days after the filing of that complaint with the relevant court. The notice to the City shall be on a form prescribed by the Code Official.
(Ord.182-2005. Passed 12-19-05.)
(b) The fee for notice of a foreclosed property is sixty dollars ($60.00). The fee shall be paid at the time of notification.
(Ord. 26-2022. Passed 3-7-22.)
(a) If the building or structure on the property that is the subject of foreclosure is vacant at the time the foreclosure complaint is filed, then the person filing the foreclosure complaint shall notify the City of the name, address, and contact information for the person who will be responsible for maintaining the property.
(b) If the building or structure on the property that is the subject of foreclosure becomes vacant at any time after the foreclosure complaint is filed, then the person who filed the foreclosure complaint shall notify the City of the name, address and contact information for the person who will be responsible for maintaining the property.
(Ord. 182-2005. Passed 12-19-05 ; Ord. 26-2022. Passed 3-7-22.)
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