(A) Leasing permit required. No owner of one- or two-family residential real property located within the city shall lease, or seek to lease, any dwelling or dwelling unit in such real property for any form of consideration unless a valid Leasing Permit has been issued for the specific dwelling or dwelling unit by the city, with the exception of two-family properties in which the owner is also an occupant of one of the units.
(1) If any such dwelling or dwelling unit is not occupied by a legal owner thereof, there shall be a reasonable presumption that the owner is receiving, or is entitled to receive, rent or other compensation therefore.
(2) The filing of an application for a permit by one owner shall be deemed to satisfy the application and Permit requirements for all the owners of a specific dwelling or dwelling unit.
(3) An owner shall apply for a permit by filing a written application with the city, which application shall be in the form as determined by that department.
(4) The application for a permit shall be in affidavit form requiring the owner to answer, to the best of his/her knowledge, all pertinent questions with respect to the conformance of the subject property to the city minimum housing standards.
(B) Leasing permit time limits. A leasing permit shall be valid for one year, or until a change of occupancy from one tenant to another occurs, whichever occurs first.
(1) The owner shall have 60 days from the effective date of the requirement for permits as established by ordinance to make application for a Permit. Subsequent to the initial period following adoption of the Permit requirement, the owner shall have two weeks from the date of an original leasing agreement or occupancy after acquiring a leased property, or from the date the transfer of occupancy from one tenant to another, or from the date of expiration of an existing permit to make application for a renewed permit.
(2) If an owner fails to make application for a renewed Permit within two weeks of the events specified in division (B)(1) above, the Permit for the specific dwelling or dwelling unit shall be deemed revoked, and the owner shall be subject to the penalties contained in division (G) herein.
(3) A permit, or a conditional permit as described in division (C) below, shall be issued by the city as soon as feasible after the housing inspector has had an opportunity to conduct an on-premises inspection in accordance with division (D) below and has determined that the dwelling or dwelling unit is in substantial compliance with this code, but in no case later than two weeks after the date of the inspection. If the city does not act within two (2) weeks after the date of inspection, a Conditional Permit shall be considered granted, with the time limits contained in division (C)(4) below.
(C) Conditional leasing permit. When the city housing inspector conducts an inspection of a dwelling or dwelling unit for which a leasing permit is sought and finds that not all of the applicable requirements of this code are conformed with but that there are no nonconforming conditions which constitute an immediate threat of danger to the health, safety, or public welfare of the community, or the inhabitants or potential inhabitants of the dwelling or dwelling unit, the city may issue a conditional leasing permit to the applicant.
(1) The city shall not grant a conditional permit for a dwelling or dwelling unit which constitutes an immediate threat to the health, safety, or welfare of the community or the inhabitants or potential inhabitants of the dwelling or dwelling unit, and shall require repair or remediation prior to occupancy.
(2) A building permit shall be required for conditions requiring alterations, or repairs costing more than $1,000.
(3) A conditional permit shall specify the conditions which do not conform to the forest park housing code and/or the remedial actions which must be taken to effect conformance with the code.
(4) A conditional permit is valid for a maximum of 30 days. A maximum of three extensions may be granted at the discretion of the City Manager or his designee.
(5) The City Manager or his designee may revoke the conditional permit at any time that it is determined that continued nonconformity constitutes an immediate threat or danger to the health, safety, or welfare of the community or inhabitants in accordance with (C)(1) above. Condemnation of the building may be necessary based on the requirements of this code or the city Building Code.
(6) If an owner has not fulfilled the requirements of the conditional permit within the time limits specified in the conditional permit or extension, the conditional permit shall expire and the dwelling or dwelling unit shall be vacated until a permit is granted. Notice of revocation of a conditional permit shall be provided to the owner within seven days.
(7) If an owner fulfills the requirements of the conditional permit within the time limits specified, a permit shall be issued for the dwelling or dwelling unit.
(D) Inspections required. Prior to issuing a leasing permit or conditional leasing permit, the city shall require an exterior inspection of the dwelling or dwelling unit for which the permit is being sought.
(1) At the time of the filing of an application for a permit, the owner will execute permission for the housing inspector to enter the grounds of the property.
(2) The housing inspector shall inspect exterior of the dwelling or dwelling unit for compliance with this code. The housing inspector shall consult with the building inspector and/or the fire inspector as may be required, and shall coordinate reinspection with those inspectors for conditions requiring building or fire protection permits or otherwise requiring their expertise.
(4) Results of the inspection shall be provided to the owner at the time of the inspection when possible, but in no case later than seven days after the inspection.
(5) Based upon the results of the inspection, the city shall either:
(a) Issue a permit in accordance with division (A) above, or
(b) Issue a conditional permit in accordance with division (C) above, or
(c) Issue a violation notice in accordance with division (E) below, or
(d) Condemn the premises or building, in consultation with the Building Department, in accordance with this code and the city Building Code.
(6) If a conditional permit is issued for a dwelling or dwelling unit on the basis of an inspection required by this code, a follow-up inspection of the nonconforming conditions is required to be conducted within the time limits established by the conditional permit or applicable extension.
(7) If a violation notice is issued for a dwelling or dwelling unit on the basis of an inspection required by this code, a follow-up inspection of the hazardous conditions is required and a conditional permit or permit be issued prior to occupancy of the specified dwelling, dwelling unit or building.
(8) An inspection of the exterior of each dwelling or dwelling unit is required upon each permit renewal.
(E) Violations. Whenever, upon inspection or reinspection of any dwelling or dwelling unit requiring a leasing permit, the housing inspector finds that conditions or practices exist which are in violation of any provisions of this code, the city shall provide notice in writing to the owner within seven days after the inspection. An owner who rents any dwelling or dwelling unit without a valid conditional leasing permit or leasing permit as provided for herein shall be cited according to the provisions of § 155.99. Each day of such violation after the two week application time limit per division (B)(1) above shall be considered a separate violation.
(F) Responsibilities of owners of dwellings and dwelling units. It is the full responsibility of owners of leased dwellings or dwelling units to maintain such dwellings or dwelling units in a safe and sanitary condition, in good repair, and free from hazard as delineated in this section.
(G) Penalties. Penalties for nonconformance with the provisions of this section and/or noncompliance with orders and notices issued pursuant to its enforcement shall be as set forth in § 155.99.
(H) Fees. Fees for a dwelling or dwelling unit leasing permit, conditional leasing permit, and reinspections shall be paid to the city as set forth in Chapter 156 (Comprehensive Fee Schedule) of this code. The leasing permit fee shall be paid at the time of application, and shall be non-refundable in the event that the owner discontinues leasing the dwelling or dwelling unit during the term of the permit.
(I) Appeal. Any decision by the community development department is subject to appeal to the board of building appeals by filing a written notice of appeal within 30 days after receipt of a written decision. The board of building appeals will hear the appeal according to the procedures contained in § 152.17, but in addition shall render a decision no more than 45 days after the filing of the written notice of appeal. During the pendency of any appeal, enforcement of this section shall be stayed. Any decision of the board of building appeals may be appealed to the Hamilton County court of common pleas on or before the thirtieth day following the date of the decision.
(Ord. 02-2006, passed 3-6-06; Am. Ord. 07-2007, passed 4-2-07; Am. Ord. 02-2010, passed 2-1-10)