(A) No person shall rent, lease, advertise or offer for rent or lease, or occupy any non-owner occupied dwelling or rental unit unless there is a valid certificate of compliance issued by the city in the name of the owner/responsible local agent and issued for each specific dwelling and unit. Certificates are not transferable between landlords, dwellings or units. Application for a non-owner occupied certificate is an admission of fact by the applicant that the applicant is conducting a rental dwelling operation as defined by this section. It shall be the duty of all landlords to apply for the non-owner occupied certificate, and certificate renewals, as required by this subchapter and obtain all required inspections, repairs and approvals prior to the occupancy date, or the expiration date of any current certificate, whichever occurs first.
(B) Occupancy of any dwelling by a person other than the owner shall be presumed to require a certificate of compliance. This presumption may be rebutted by evidence that the occupant has ownership equity in the dwelling as evidenced by a recorded deed, a recorded land contract, or a recorded memorandum of land contract. A dwelling that is occupied, rented or leased with an option to purchase is considered as non-owner occupied under the terms of this subchapter until the lessee fully exercises the option to purchase as evidenced by recorded documentation.
(C) A certificate of compliance shall be issued by the city if the applicant meets the following requirements:
(1) A completed registration form is submitted pursuant to the provisions of § 150.084.
(2) The inspection(s) have been performed at the premises sought to be certified and all violations disclosed have been corrected.
(3) All re-inspections have been approved to confirm the correction of violations.
(4) All registration, inspection and late fees are paid.
(5) No certificate of compliance will be issued until all of the following fees and debts to the city have been paid in full:
(a) All previously billed property taxes;
(b) All current or past due special assessments;
(c) Water or sewer bills outstanding;
(d) All charges against the property for mowing, cleanup, debris removal or similar charges by the city; and
(e) Any fees, fines, penalties, or debts of any sort arising from provisions of property maintenance, including blight violations.
(D) The term of the certificate shall be two years for the initial registration period and three years for each subsequent registration of the same address. The non-owner occupied certificate is valid for the established period the date of application for a new certificate, or the expiration date of the previous certificate for a renewal, unless suspended or revoked for cause by the city. Licensees shall apply for certificate renewal 60 days prior to the expiration date of the current certificate. Sale of the subject premises results in immediate termination of the certificate. Failure to obtain or renew a certificate or failure to pay any inspection fee is a violation of this chapter.
(E) Failure to register a non-owner occupied dwelling or dwelling unit(s), complete the required inspection or re-inspection, obtain a certificate of compliance or renew a certificate of compliance prior to the expiration date, or failure to pay any fee is a violation of this subchapter and may result in additional fees and penalties including court action.
(Ord. , passed - -2013; Am. Ord. 2016-06, passed 9-6-2016; Am. Ord., passed 11-22-2022)
Penalty, see § 150.999