(a) Certificate of Occupancy Required. After the effective date of this chapter, it shall be unlawful for the owner, agent or person in charge of any rental structure or unit to rent, lease or permit to be occupied any unit without a current and valid certificate of occupancy issued by the Zoning Department.
(b) Application and Issuance of Certificates of Occupancy Generally.
(1) Application for a certificate of occupancy shall be made biannually to the City of Geneva Department of Planning and Zoning on forms provided. Said application shall be accompanied by fees as set forth in subsection (d) hereof. Applications to renew valid certificates of occupancy shall be filed with the Department of Planning and Zoning not less than thirty days prior to the expiration date of the current certification of occupancy.
(2) Upon receipt of an application for a certificate of occupancy, the Department of Planning and Zoning shall schedule inspections of the rental dwelling unit as necessary to determine its compliance with these regulations.
(3) If a rental dwelling unit is found to be in compliance with this chapter, a certificate of occupancy shall be issued for said unit and shall be valid for a period not to exceed two years.
(4) If, upon inspection of the rental dwelling unit, it is determined that a violation of this chapter exists, notice of said violation shall be made to the owner or agent. The owner or agent shall obtain the proper permits as required by this Building and Housing Code to correct the noted violations. No certificate of occupancy shall be issued until the violations have been corrected and the repairs inspected and approved.
(5) An application for a certificate of occupancy shall be made to the City of Geneva Department of Planning and Zoning not less than thirty days after a change in ownership has been completed.
(c) Application and Issuance of Certificates of Occupancy for Existing Occupancies. Within thirty days of adoption of this chapter, the owner or agent of each single-family and multifamily rental structure shall submit to the Department of Planning and Zoning an application for a certificate of occupancy for each such single-family and multifamily rental structure. Units occupied at the time of adoption of this chapter may continue to be occupied until such time as an inspection has been made by the Code Official, after which all units shall comply with all of the provisions of this chapter.
(d) Fees. A fee of twenty-five dollars ($25.00) shall be charged for the biannual inspection of each rental unit.
(e) Duties of Planning and Zoning Department Officer. It shall be the duty and responsibility of the Department of Planning and Zoning officer, or the representative duly designated by the City Manager, to enforce the provisions of this chapter as herein provided.
The designated Code Official may exercise his or her discretion in waiving the provisions of Section 1462.09(c), provided that the entire dwelling unit and building are in compliance with all other provisions of this chapter.
(f) Inspection; Right of Entry.
(1) In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter or under other applicable provisions of this Building and Housing Code.
(2) If any owner, occupant or other person in charge of a structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, such owner, occupant or other person shall be considered to be in violation of this chapter, and, in addition to the penalty provided in Section 1462.99, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.
(3) Every occupant of a structure or premises shall give the owner or operator thereof, or his or her agent or employee, access to any part of such structure or premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.
(g) Notice of Violations.
(1) Whenever the Department of Planning and Zoning officer, or a duly designated representative, determines that a single-family rental dwelling unit or multifamily rental structure, or any portion thereof, is in violation of any provisions of this chapter, he or she shall give written notice to the owner, agent or person in charge of the single-family rental dwelling unit or multifamily rental structure, stating the nature of said violation and establishing a period of time for correction or repair.
(2) Posting of a copy of such notice at the premises and mailing or delivering a copy to the address shown on the application for a certificate of occupancy or to the address shown on the current tax records of the Ashtabula County Treasurer, shall be deemed legal service of notice.
(h) Correction of Violations. All alterations or repairs to an existing building which are caused directly or indirectly by the enforcement of this chapter shall be done in accordance with the applicable procedures and provisions of the this Building and Housing Code.
(Ord. 2285. Passed 1-14-91.)
(i) Failure to Correct or Comply. Whenever the owner of a single-family rental dwelling unit or multifamily rental structure fails, neglects or refuses to comply with any notice of violation, said owner shall be considered to be in violation of this chapter and shall be subject to the penalty provided in Section 1462.99.
(Ord. 2521. Passed 2-10-97; Ord. 3108. Passed 5-13-13.)