(a) Scope. This Section shall apply to any owner, agent, person, or other entity desiring to receive income from the rental or leasing of any residential dwelling unit, as defined by Section 1234.05
of the Fairlawn Codified Ordinances (hereinafter referred to as “Residential Rental Property”). The requirements of this Section, and the definition of residential rental property set forth herein, shall not apply to any owner-occupied residential property or any owner-occupied duplex or triplex wherein the owner of the duplex or triplex resides in one or more of the units, and shall not apply to any “Adult Care Facility,” “Congregate Care Facility,” “Day Care Facility,” and “Residential Facility,” as defined by Section 1234.05 of the Fairlawn Codified Ordinances.
(b) Landlord License Required. Any owner, agent, person, or entity desiring to receive income from the rental or leasing of any residential rental property in the City of Fairlawn must apply for and obtain a landlord license from the Zoning, Housing, and Residential Building Commissioner before receiving any rental income from such property.
(c) Forfeiture of Rental Income in Absence of Landlord License. No owner, agent, person or entity shall receive rental income from any residential rental property in the City of Fairlawn unless said owner, agent, person, or entity is in possession of a valid landlord license. The City may seek forfeiture of any rental income received by any owner, agent, person or entity who does not possess the landlord license required herein at the time rental income is received.
(d) Duration of landlord license. A landlord license shall be issued for each calendar year and shall expire on December 31st of the calendar year for which it was issued. A new application and license fee must be submitted to the City for each subsequent calendar year.
(e) Application Requirements for Landlord License. An application for a landlord license under this Section shall be filed with the City’s Zoning, Housing, and Residential Building Commissioner and shall set forth the following information:
(1) The license application shall identify name, mailing address, e-mail address, and telephone number of the applicant who is applying for the license and shall be the holder of the license.
A. If the applicant is a corporation, then the application shall identify the name, address, telephone number, e-mail address, tax identification number, and charter number of the corporation, along with the name, address, telephone number, and e-mail address of the corporation's statutory agent, and the name, address, telephone number, and e-mail address of the officers of the corporation.
B. If the applicant is a limited liability company, then the application shall identify the name, address, telephone number, e-mail address, the tax identification number, charter number of the limited liability company, along with the name, address, telephone number, and e-mail address of the limited liability company's statutory agent, and the name, address, telephone number, and e-mail address of the officers or managing member of the limited liability company.
C. If the applicant is a partnership, then the application shall identify the name, address, tax identification number, telephone number, and e-mail address of the partnership; and the name, address, date of birth, telephone number, and e-mail address of one of the general partners and the property manager.
D. If the applicant is a trust, then the application shall identify the name, address, date of birth, telephone number, e-mail address of the grantor(s), and the name, address, date of birth, telephone number, and e-mail address of the trustee(s).
(2) The license application shall identify the name, street address, and permanent parcel numbers for all of the residential rental property owned or operated by the applicant in the City of Fairlawn, and for each property identified, the application shall identify the total number of rental units on each parcel, the number of buildings on each parcel that are used for residential purposes, and the number of rental units in each building used for residential purposes.
(3) For each property identified, the application shall identify the name, mailing address, date of birth, telephone number, and e-mail address of the person or person(s) who are responsible for managing the dwelling units or other buildings located on the property.
(4) If the applicant does not own any of the residential rental property identified in the license application, then the application shall identify the name, address, date of birth, telephone number, and e-mail address of the owner for each property that is not owned by the applicant.
A. If the owner is a corporation, then the application shall identify the name, address, telephone number, e-mail address, the tax identification number, charter number of the corporation, along with the name, address, telephone number, and e-mail address of the corporation’s statutory agent, and the name, address, telephone number, and e-mail address of the officers of the corporation.
B. If the owner is a limited liability company, then the application shall identify the name, address, telephone number, e-mail address, the tax identification number, charter number of the limited liability company, along with the name, address, telephone number, and e-mail address of the limited liability company’s statutory agent, and the name, address, telephone number, and e-mail address of the officers or managing member of the limited liability company.
C. If the owner is a partnership, then the application shall identify the name, address, tax identification number, telephone number, and e-mail address of the partnership; and the name, address, date of birth, telephone number, and e-mail address of one (1) of the general partners and the property manager.
D. If the owner is a trust, then the application shall identify the name, address, date of birth, telephone number, e-mail address of the grantor(s), and the name, address, date of birth, telephone number, and e-mail address of the trustee(s).
(5) The license application shall certify that the owner of the residential rental property identified by the application is not delinquent in the payment of all taxes and assessments that may be due or owing in connection with the property, including any income taxes owed for any rental or leasing income generated by the property.
(6) The license application shall identify any residential rental property that is not in compliance with the City of Fairlawn's building, housing maintenance, and property maintenance codes, and shall describe the corrective action or actions that are being taken to bring the residential rental property into compliance.
(7) The license application shall certify that the applicant shall have all tenants sign a written lease agreement that complies with the minimum requirements set forth in Chapter 5321 of the Ohio Revised Code, and shall provide a specimen copy of the standard lease agreement with the license application.
(8) The license application shall certify that the holder of the landlord license shall agree to make any repairs necessary to remedy any violations of the City's building, housing maintenance, or property maintenance codes upon receiving notice of violation from the City’s Zoning, Housing, and Residential Building Commissioner, or his designee, under Section 1504.06 of the Fairlawn Codified Ordinances.
(9) The license application shall certify that the holder of the landlord license shall agree to take the actions necessary to abate any criminal activity nuisance, as defined by Chapter 680 of the Fairlawn Codified Ordinances, that may be occurring on any residential rental property owned, managed, or rented by the applicant in the City of Fairlawn.
(10) The license application shall identify the name, case number, and disposition of any criminal or civil actions where the applicant or the property owner was the subject of any claims or counterclaims alleging that the property owner, the applicant, or their managers, agents, or representatives, failed to maintain or repair any dwelling units located on any residential rental property in the City of Fairlawn.
(11) The license application shall provide the name, address, telephone number, and e-mail address of a person who is located in Summit County (or a contiguous county) and who has a street address (other than a P.O. Box) in Summit County (or contiguous county) who shall be designated by the license holder as the person responsible for operating and managing each residential rental property identified in the application, and who shall be authorized to receive all notices, orders, and any other mailings from the City of Fairlawn on behalf of the license holder and on behalf of each of the property owners identified in the application. All notices, orders, decisions, or other mailings sent by the City to the designated responsible person at the mailing address set forth in the most recent license application shall be deemed to constitute notice to both the license holder and the property owner of the subject property.
(12) The license application shall set forth any other relevant information that the Zoning, Housing, and Residential Building Commissioner of the City of Fairlawn shall determine is appropriate to provide to the City in connection with the application. The City shall have the right to request additional information from the applicant, if necessary, to clarify any of the information provided by the applicant.
(13) The license application shall be signed by both the license holder and the owners of each of the residential rental property identified therein. By signing the application, the applicant, and each of the property owners set forth therein, shall verify that the information set forth in the license application is true and correct, and that no material information has been omitted or withheld.
(f) Standards for Issuance of Landlord License. Upon receipt of a verified application and the fee required by Section 1504.05(g), the City's Zoning, Housing, and Residential Building Commissioner, or his designee, shall review the application and issue a landlord license to any person or entity that satisfies the following standards:
(1) The license holder has submitted a complete application that sets forth all of the information required by Section 1504.05(e) and does not contain any material misrepresentations, errors, and omissions.
(2) The license holder has no existing violations of the applicable building, housing maintenance, and property maintenance codes in connection with any of the residential rental properties identified by the license application, or has provided the City with a reasonable plan for bringing the residential rental property into compliance with the applicable building, housing maintenance, and property maintenance codes.
(3) The license holder is not delinquent on any taxes or special assessments owed in connection with the residential rental property set forth in the license application.
(4) The license holder has certified that it requires tenants to sign written lease agreements that comply with the minimum requirements set forth in Chapter 5321 of the Ohio Revised Code.
(5) The license holder has agreed to make any repairs necessary to remedy any violations of the City’s building, housing maintenance, or property maintenance codes upon receiving notice of violation from the City’s Zoning, Housing, and Residential Building Commissioner, or his designee, under Section 1504.06 of the Fairlawn Codified Ordinances.
(6) The license holder has agreed to take the actions necessary to abate any Criminal Activity Nuisance, as defined by Chapter 680 of the Fairlawn Codified Ordinances, that may be occurring on any residential rental property owned, managed, or rented by the applicant in the City of Fairlawn.
(7) The license holder has designated a person who has a valid mailing street address (other than a P.O. Box) in Summit County (or other contiguous county) who is authorized to accept and receive any notices, orders, or other mailings sent by the City under Sections 1504.05, 1504.06, or any other sections of the Fairlawn Codified Ordinances.
(g) Landlord License Fee. Upon the submission of an application for landlord license under Section 1504.05 of the Fairlawn Codified Ordinances, the applicant shall pay a license fee for each parcel set forth in the license application based upon the number of dwelling units owned or operated by the license holder. The license fee shall be established by City Council, and the Zoning, Housing, and Residential Building Official shall maintain and make available said schedule of fees.
(h) Change in Circumstances. Any license holder shall have a duty to report any changes in circumstances that affects the accuracy of the information set forth in the license application. Any updated information shall be provided to the City's Zoning, Housing, and Residential Building Commissioner within thirty (30) days of the change in circumstance.
(i) No Transfer of License. No license may be transferred to any person or entity without the written consent of the City of Fairlawn. Any transfer of a license to the purchaser of residential rental property shall be void as to the new owner who shall be required to apply for and obtain a new landlord license in accordance with Section 1504.05(e) and pay a new license application fee under Section 1504.05(g).
(j) Revocation of a Landlord License. The City may take action to revoke a landlord license based upon one or more of the following grounds:
(1) The application for a landlord license contains material misrepresentations, errors, and/or omissions.
(2) The licensee has failed, without just cause, to maintain a valid mailing address in Summit County (or other contiguous county) at which the licensee receives mail or other notices from the City.
(3) The licensee has violated, without just cause, any provision of this Chapter on two or more occasions during the term of the landlord license.
(4) The licensee has failed, without just cause, to make timely repairs to remedy one or more violations of the city’s building, housing maintenance, or property maintenance codes that were the subject of any notice or inspection report that was issued by the City's Zoning, Housing, and Residential Building Commissioner under Section 1504.06 of the Fairlawn Codified Ordinances.
(5) The licensee has failed, without just cause, to have their tenants sign written leases that comply with the minimum requirements of the Ohio Revised Code.
(6) The licensee has failed, without just cause, to take the necessary action to abate a criminal activity nuisance, as may be declared by the Chief of Police under Chapter 680 of the Fairlawn Codified Ordinances, on one or more of its residential rental properties. If a landlord license becomes subject to revocation by the City of Fairlawn under this Section, the tenant shall retain all rights and remedies that may be available to the tenant under the lease agreement and Ohio law.
(k) Content of Leases. As a condition to the issuance and possession of a landlord license under this Section, all owners, agents, or any other person or entity that receives income from the renting or leasing of residential rental property in the City of Fairlawn shall require that their tenants sign written lease agreements that comply with the minimum requirements set forth in Chapter 5321 of the Ohio Revised Code. As a condition to receiving a landlord license under this Section, an applicant for a landlord license shall submit a specimen copy of a standard written lease agreement to the City of Fairlawn as part of the license application.
(l) Abatement of Criminal Activity Nuisances. As a condition to the issuance and possession of a landlord license under this Section, all owners, agents, or any other person or entity that receives income from the renting or leasing of residential rental property in the City of Fairlawn shall be required to take prompt action, when necessary, to abate any criminal activity nuisances, as defined by Chapter 680 of the Fairlawn Codified Ordinances, that may be occurring on one or more of their properties, including but not limited to the eviction of the tenants or occupants of the affected property in compliance with the requirements of Ohio Revised Code Chapter 5321 of the Ohio Revised Code.
(m) Appeals. If any person is adversely affected by the denial or revocation of a landlord license under Section 1504.05
or by any other final actions or decisions taken by the Zoning, Housing, and Residential Building Commissioner, or any other officer or employee of the City of Fairlawn under this Section, then he or she may file an appeal and request a hearing before the Real Property Maintenance Board.
(1) A person who appeals the denial or revocation of a landlord license or any other final actions or decisions taken by the Zoning, Housing, and Residential Building Commissioner, or any other officer or employee of the City of Fairlawn under Section 1504.05, shall file a written request for a hearing before the Real Property Maintenance Board that states the name, address, and telephone number of the appellant and provides a brief statement of the basis for the appeal and the relief requested. Any appeal shall be filed within ten (10) days of the notice, order, action or decision that is the subject of the appeal and shall be accompanied by a non-refundable deposit of fifteen dollars ($15.00).
(2) Upon receipt of a written request for hearing, the Real Property Maintenance Board shall set a time and place for a hearing, which shall be held within a reasonable time after an appeal has been filed. Written notice of the hearing shall be mailed to the Appellant by United States certified mail at least seven (7) days prior to the date of the hearing before the Real Property Maintenance Board. The Law Director of the City shall be notified of the hearing by any means reasonably calculated to give actual notice of the hearing.
(3) The filing of a timely appeal and request for a hearing shall stay the denial or revocation of a license, and any other action or order that is the subject of the appeal, pending an evidentiary hearing before the Real Property Maintenance Board.
(4) At the hearing, the Real Property Maintenance Board may hear sworn testimony from the City’s Zoning, Housing, and Residential Building Commissioner, or his designee, the Appellant, and any other individual offering testimony on their behalf, and shall permit cross-examination thereof.
(5) The Real Property Maintenance Board shall issue findings of fact and its decision shall be based upon a majority vote of the members of the Real Property Maintenance Board who are present at the hearing. The appellant, the Law Director, and the City's Zoning, Housing, and Residential Building Commissioner shall be notified in writing of the findings of the Real Property Maintenance Board.
(6) Any aggrieved party may appeal a final decision of the Real Property Maintenance Board to the Summit County Court of Common Pleas pursuant to Ohio Revised Code Section 2506. The filing of an administrative appeal under Ohio Revised Code 2506 does not operate to stay any enforcement action by the City of Fairlawn unless otherwise ordered by the court.
(n) Penalties. Whoever violates any of the provisions of this Chapter or any rule or regulation promulgated under authority of this Chapter, or fails to comply with any written notice or written order issued by the City under this Section, shall be subject to the imposition of administrative penalties and/or criminal penalties as provided in Chapter 1520
of the City's Property Maintenance Code. Each day such violation occurs or continues to occur shall constitute a separate offense. The imposition of an administrative or criminal penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent or restrain violations of this Section, or to restrain, correct or abate a violation, or to require compliance with the provisions of this Section, or other applicable laws, ordinances, rules or regulation, or the orders or determinations of the Zoning, Housing, and Residential Building Commissioner.
(Ord. 2014-073S. Passed 5-18-15; Ord. 2015-079. Passed 11-16-15; Ord. 2021-037. Passed 9-7-21.)