(a) Certificate of Occupancy Required.
(1) No owner, agent or person having charge of any rental dwelling unit shall rent, lease, or permit to be occupied, any rental dwelling unit without a current and valid Certificate of Occupancy issued by the Zoning Inspector or his duly designated representative. An application for the issuance of said Certificate of Occupancy shall be made by said owner, agent or person having charge of any rental dwelling unit in accordance with the provisions of subsection (f) hereof. The Certificate of Occupancy is in addition to the Certificate of Registration that is set forth in Section 1318.022 above.
(2) At the time of the application for a Certificate of Occupancy, the owner/responsible local agent shall provide the Zoning Inspector with a street address of the owner/responsible local agent upon whom any process, notice or demand required or permitted by the Village ordinances to be served upon the owner/responsible local agent and this information shall then be added to the Certificate of Registration for the owner/responsible agent.
(b) Application and Issuance of Certificates of Occupancy Generally.
(1) Application for a Certificate of Occupancy shall be made biennially to the Zoning Inspector, or his duly designated representative, on forms provided for said purpose by the office of the Zoning Inspector. Said application shall be accompanied by the required fees as set forth in subsection (g) hereof. Applications to renew valid Certificates of Occupancy shall be filed with the Zoning Inspector, or his duly designated representative, not less than sixty (60) days prior to the expiration date of the current Certificate of Occupancy.
(2) Upon receipt of an application for a Certificate of Occupancy, the Zoning Inspector, or his duly designated representative, shall schedule inspections of the rental dwelling unit as necessary to determine its compliance with this Chapter. The owner/responsible local agent shall be present at the rental unit at the time of the inspection.
(Ord. 2015-041. Passed 5-5-15.)
(c) If a rental dwelling unit is found to be in compliance with this Chapter, a Certificate of Occupancy shall be issued for said rental dwelling unit, which shall be valid for a period not to exceed two (2) years.
(d) If upon inspection of the rental dwelling unit, it is determined that a violation of this Chapter exists, notice of said violation shall be given to the owner, agent or person having charge of the rental dwelling unit. The owner, agent or person having charge shall obtain the proper permits as required by these Codified Ordinances, the Lake County Building Department and the laws of the State of Ohio to correct the noted violations. No Certificate of Occupancy shall be issued until the violations have been corrected and the repairs inspected and approved.
(Ord. 2007-67. Passed 7-10-07.)
(e) In addition to the aforesaid biennial inspection and the Certificate of Registration, an application for a Certificate of Occupancy shall also be made to the Zoning Inspector, or his duly designated representative, not less than ten (10) days after a change in ownership has been completed. (Ord. 2008-005. Passed 1-15-08.)
(f) Application and Issuance of Certificates of Occupancy For Existing Occupancies. On or before the 1st day of March, 2003, the owner, agent or person having charge of each rental dwelling unit shall submit to the Zoning Inspector, or his duly designated representative, an application for a Certificate of Occupancy for each rental dwelling unit. Units occupied at the time of the adoption of this Chapter may continue to be occupied until such time as an inspection has been made by the Zoning Inspector, or his duly designated representative, after which all rental dwelling units shall comply with all of the provisions of this Chapter.
(Ord. 2007-67. Passed 7-10-07.)
(g) Fees.
(1) Initial inspection and issuance of a new Certificate of Occupancy for a New Rental Unit | $100.00 per unit |
(2) Biennial inspection fee for previously inspected rental units (Renewals) | $100.00 per unit |
(3) Re-inspection fee per visit for all units that require more than one reinspection trip by the Village to determine compliance with this chapter of the ordinances | $50.00 per unit |
(4) Initial fee for a Certificate of Registration for all New Rental Units | $200.00 per unit |
(5) Fee for Certificate of Registration for all Transferred Rental Units | $50.00 per landlord |
(Ord. 2008-005. Passed 1-15-08.)
(h) Duties of the Zoning Inspector. It shall be the duty of the Zoning Inspector, or his duly designated representative, to enforce the provisions of this Chapter as herein provided.
(i) Notice of Violations.
(1) Whenever the Zoning Inspector, or his duly designated representative, determines that a rental dwelling unit, or any part thereof, is in violation of any provision of this Chapter, said inspector shall give written notice, either by personal service or by certified mail, return receipt requested, to the owner or agent responsible for the subject rental dwelling unit. Such delivery or mailing shall be deemed legal service of notice.
(2) If the owner, agent or person having charge to whom a notice of violation is addressed cannot be found after a reasonable and diligent search, then notice shall be sent by certified mail, return receipt requested, to the last known tax mailing address of the owner of the premises, and a copy of the notice shall be posted in a conspicuous place at the rental dwelling unit to which it relates. If the notice is returned undelivered, a copy of the notice shall be published once in a newspaper of general circulation within Lake County, Ohio, and a copy of such notice shall be posted at the subject rental dwelling unit as aforesaid. No person shall remove or deface such copy of notice so posted without the written permission of the Zoning Inspector. Such mailing, publishing and posting shall be deemed legal service of notice.
(3) The aforesaid notice shall include, but need not be limited to, a description of the rental dwelling unit deemed in violation of this Chapter, a statement of the particulars which makes said structure in violation, and an order, in sufficient particulars, requiring the owner or agent to repair, improve or demolish the rental dwelling unit as the facts may warrant.
(j) Correction of Violation. All alterations or repairs to an existing rental dwelling unit which are caused directly or indirectly by the enforcement of this Chapter shall be completed in accordance with the applicable procedures and provisions of these Codified Ordinances, the Lake County Building Department, and all other applicable laws, statutes, codes, ordinances, resolutions, rules, regulations, and/or guidelines.
(k) Failure to Correct or Comply. Whenever the owner, agent or person having charge of a rental dwelling unit fails, neglects or refuses to comply with any notice of the Zoning Inspector, or his duly designated representative within the time period specified in any notice of violation, said owner, agent or person having charge shall be considered to be in violation of this Chapter, and the Village of Fairport Harbor, Ohio, shall proceed at law and/or equity to compel compliance and/or prosecute said violation.
(Ord. 2002-116. Passed 11-12-02.)