(a) Scope. This Section shall apply to any Residential Rental Property in the City of Fairlawn, as defined by Section 1504.05
(a) of the Fairlawn Codified Ordinances. To the extent that this Section conflicts with any other Section of the Fairlawn Codified Ordinances, then the provision of this Section shall control.
(b) Inspections at the Request of Tenant. The tenant or occupant of any residential rental property in the City of Fairlawn shall have the right to request that the City conduct an inspection of any dwelling unit or building being leased or rented to such tenant or occupant in order to determine whether the property is in compliance with the requirements of the City of Fairlawn's building, housing maintenance, and property maintenance codes, and any other laws and regulations relating to dwelling units in the City of Fairlawn Codified Ordinances. If requested, the tenant or occupant shall contact the City's Zoning, Housing, and Residential Building Commissioner, or his designee, to schedule an inspection.
(c) Right of Entry. If the City's Zoning, Housing, and Residential Building Commissioner, or his designee, has reasonable cause to believe that there are one or more violations of the City of Fairlawn's building, housing maintenance, and property maintenance ordinances existing on any residential rental property or within any dwelling unit or building located on any residential rental property, then the Zoning, Housing, and Residential Building Commissioner, or his designee, are authorized to enter the property, dwelling unit or building at reasonable times to conduct an administrative inspection, provided that, if any dwelling unit or building is occupied, then the inspecting official shall present credentials to the occupant and request consent to entry. If any dwelling unit or building is unoccupied, then the inspecting official shall first make a reasonable effort to contact the person designated as the responsible person for the residential rental property in the most recent license application, and request consent to entry. If entry is refused, the inspecting official shall have recourse to the remedies provided by law to secure entry.
(d) Administrative Search Warrant. If any owner, occupant, or other person in charge of a residential rental property refuses, impedes, inhibits, restricts, or obstructs entry and free access to any dwelling unit, building, or other property subject to inspection under Section 1504.06
(b), (c), (h), or (i), then the City may seek, in a court of competent jurisdiction, a warrant for administrative inspection of the building, dwelling unit, or property in accordance with applicable law.
(e) Written Inspection Report. If the City conducts an inspection of a residential rental property under Section 1504.06(b), (c), (d), (h), or (i), then the inspecting official shall prepare a written report of the inspection. A copy of the written inspection report shall be provided to the holder of the landlord license for the subject property at the last known mailing address set forth in the most recent license application for the residential rental property.
(f) Notice of Violations. Whenever the City's Zoning, Housing, and Residential Building Commissioner, or his designee, determines that there are one or more violations of the City's building, housing maintenance, or property maintenance ordinances on any residential rental property or within any dwelling unit or building located on any residential rental property, then he or she shall give notice of the violation to the holder of the landlord license for the subject property. The written notice shall include a description of the property sufficient for identification, a statement of the violation or violations, with proper citation to the code provision that have been violated, an order of compliance allowing a reasonable time to make the repairs and improvements required to bring the property into compliance, and shall inform the licensee of the right to appeal.
(g) Corrective Action. Following service of a Notice of Violation under Section 1504.06(f), the holder of the landlord license for the subject property shall take the actions necessary to remedy the violation(s) within the time period prescribed by the City.
(h) Re-Inspections. At the end of the time period allowed for correction of any violation cited in a Notice of Violation under Section 1504.06(e), the Zoning, Housing, and Residential Building Commissioner, or his designee, shall cause the dwelling unit or building to be re-inspected to confirm that the license holder has remedied the violation(s) that are the subject of the Notice of Violation. Such re-inspection(s) shall continue at the discretion of the Zoning, Housing, and Residential Building Commissioner until all corrective actions required by the Notice of Violation have been completed.
(1) A re-inspection fee of one hundred dollars ($100.00) shall be paid by the holder of the landlord license for the subject property for each re-inspection conducted under this subsection, provided that there shall be no re-inspection fee for any re-inspection that indicates full compliance with the violations that were the subject of the Notice of Violation.
(2) If, after thirty (30) days, any re-inspection fees remain unpaid, the Director of Finance shall certify the total amount of the expenses and administrative fee, if applicable, the name of the owner of the land and a sufficient description of the premises to the Summit County Fiscal Officer, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City, pursuant to Ohio R.C. 731.54.
(i) Additional Mandatory Inspections. If two (2) or more notices of violation under Section 1504.06
(f) are issued, during any two (2)-year period, for the same residential rental property, then, pursuant to the automatic review and order from the Real Property Maintenance Board, the residential rental property shall be subject to semi-annual mandatory inspections for the next three (3) years to ensure compliance with the City of Fairlawn Codified Ordinances.
(1) An inspection fee of one hundred dollars ($100.00) per inspection per structure shall be paid by the holder of the landlord license of the subject property for each mandatory inspection that may be conducted under this subsection.
(2) If, after thirty (30) days, any inspection fees owed under this subsection remain unpaid, the Director of Finance shall certify the total amount of the expenses and administrative fee, if applicable, the name of the owner of the land and a sufficient description of the premises to the Summit County Fiscal Officer, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City, pursuant to Ohio R.C. 731.54.
(j) Appeals. If a person is adversely affected by any notices, orders, 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 1504.06
, then he or she may file an appeal and request a hearing of the matter before the Real Property Maintenance Board.
(1) A person who appeals any notice, order, action or decision under this Section shall file a written request for a hearing 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 enforcement of the order, action, or decision 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.
(k) 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 of Fairlawn'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. 2014-07S. Passed 5-18-15; Ord. 2015-080. Passed 11-16-15
; Ord. 2021-037. Passed 9-7-21.)