(A) An owner of a vacant building located within the village shall register the vacant building with the village within 60 days after the effective date of this subchapter. Such registration shall be valid until December 31, 2016.
(B) Registration shall be made by the owner on the Vacant Building Registration Form, substantially in the form of Appendix A following this chapter, available upon request from the village, and shall contain all of the following:
(1) The address of the vacant building and the permanent parcel tax identification number of the land on which the building is located;
(2) The name, address, and telephone number of the owner;
(3) The names, address, and telephone numbers of all other parties in interest;
(4) The date on which the building became vacant;
(5) The reason for the vacancy and the estimated length of time the building is expected to remain vacant;
(6) If the vacant building is for sale or lease, the name, address, and telephone number of the company and the realtor or agent responsible for marketing the property; and
(7) Owner's signature.
(C) Every building that becomes vacant after the effective date of this subchapter shall be registered by the owner by filing the Vacant Building Registration Form with the village within six months from the date of the last occupancy.
(D) Whenever the Mayor suspects the existence of an unregistered vacant building in the village, he or she shall promptly cause to be inspected the suspected vacant building by the Inspection Agent.
(E) The Inspection Agent shall cause to be inspected the premises on which the suspected vacant building exists, and shall prepare a written report of his or her findings of evidence of vacancy with respect thereto and may cause photographs of the suspected vacant building to be made.
(F) The Inspection Agent shall provide the written inspection report and any photographs to Village Council. At a regular Council meeting, Council shall review the written report and photographs and shall, if a majority of the Council members concur that the building in question constitutes a vacant building based on the evidence of vacancy, request that such determination be memorialized in a resolution substantially in the form of Appendix B following this chapter.
(G) Upon passage of the resolution referenced in division (F) above, except in cases of an emergency, the Mayor shall cause a written Notice of Vacant Building Registration, substantially in the form of Appendix C following this chapter, to be served by certified mail on the owner, with respect to the determination of a vacant building and stating that the owner shall file a Vacant Building Registration Form and pay the applicable registration fee within 30 days of the date of a Notice of Vacant Building Registration.
(H) Upon any failure of the owner to file the Vacant Building Registration Form and pay the applicable registration fee within 30 days of the date of the Notice of Vacant Building Registration, the village shall enter a Resolution concerning the same.
(I) Registration shall be valid until December 31 of each year of registration. The owner shall register the vacant building prior to the expiration of each registration year, which new registration shall be effective on January 1.
(J) The owner shall pay a registration fee to the village of $800 for the first registration for the vacant building. For each subsequent registration, the registration fee shall be assessed at double the previous year's registration fee amount for a maximum annual registration fee equaling the four year registration fee of $6,400, which shall be the registration fee for the fourth and all consecutive, subsequent years of vacancy.
(K) The registration fees are due at the time the registration forms are due.
(L) If the vacant building is not registered by the owner within the timeframe required herein, or the registration is not renewed by owner within 30 days after the expiration of the previous registration, a late fee shall be paid in addition to the annual registration fee. The late fee shall be equal to one half of the current annual fee or $1,000, whichever is less.
(M) If the owner of a vacant building fails, neglects, or refuses to pay a registration fee within the time provided pursuant to this section, then the Village Clerk shall certify the registration fee and late fee to the County Auditor who shall enter the amount on the tax list and duplicate of the county as a special assessment against the property on which the vacant building is located.
(N) A vacant building that is for sale and licensed with a State of Ohio Realtor shall register as set forth herein but shall be exempted from the registration fees set forth in division (J) above, provided that the owner voluntarily and timely files the Vacant Building Registration Forms and in connection therewith submits proof to the village of such listing and for sale status.
(O) A vacant building may also be granted an exemption to the registration fee by the owner (1) voluntarily and timely registering the vacant building by filing the Vacant Building Registration Form; and (2) requesting an exemption by filing a written application for the exemption with the Vacant Building Registration Form, which shall be timely considered by the village. In determining whether a request for exemption should be granted, the village should consider:
(1) The owner's prior record as it pertains to this subchapter;
(2) The amount of vacant property the owner has in the village;
(3) The length of time for which the building has been vacant;
(4) The reason or reasons for the vacancy; and
(5) The difficulty or expense involved in any necessary remediation or demolition.
(P) The village shall notify the owner in writing of whether the owner's application for exemption is granted or denied. In such cases, the registration fee shall be due within 14 days from the date of the Notice of Denial of Exemption.
(Q) An owner who is served a Notice of Vacant Property Registration or denied an exemption may, within 14 calendar days of receipt of the Notice of Vacant Property Registration or Notice of Denial of Exemption, make a demand in writing to the Mayor requesting a hearing on the question of whether in fact the building constitutes a vacant building or whether the exemption is warranted. The notice of appeal shall set forth all reasons why the building does not constitute a vacant building or why the exemption is warranted. Except in the case of an emergency, the hearing shall be held within a reasonable time, not to exceed 30 days following receipt of the written demand, and at least two days' notice in writing of the hearing date and time shall be given to the owner demanding a hearing. The hearing shall be conducted by the Nuisance Appeals Board.
(R) Upon hearing, the Nuisance Appeals Board may:
(1) Sustain the finding that the building constitutes a vacant building and/or that the requested exemption is denied;
(2) Reverse the finding that a vacant building exists and rescind the Notice of Vacant Property Registration;
(3) Reverse the finding that the exemption should be denied and rescind the Notice of Denial of Exemption;
(4) Continue the matter; or
(5) Take such other action and render such other orders as it deems appropriate.
(Ord. 2016-01, passed 2-16-2016)