(A) Purpose. Structures which are left vacant for extended periods of time have been shown to breed crime, pose public safety risks, and reduce property values and the economic viability of the community in which they are found. The purpose of this section is to establish a program for identifying and registering vacant buildings that fall under the definitions below; to determine the responsibilities of owners of vacant buildings and structures; and to provide incentives for the rehabilitation and productive use of vacant buildings. Shifting the cost or burden of the existence of vacant structures from the general citizenry to the owners of the buildings is an intended result of this section.
(B) Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings indicated in this section.
SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.
UNOCCUPIED. A building which is not being used for occupancy authorized by the owner. The term "unoccupied" shall only be applicable to multi-unit structures when more than half of the units and more than half of the available space are not currently occupied by a tenant or tenants.
UNSAFE. A physical condition of a vacant structure that fails to comply with applicable laws, codes and regulations.
UNSECURED. A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
VACANT. A structure (excluding government-owned or public utility owned buildings not intended to be occupied) which has been unoccupied for a period of at least 120 days and is:
(a) Unoccupied and an unsafe building as determined by the Code Enforcement Inspector; or
(b) Unoccupied and having utilities disconnected for an extended period of time (more than 120 days); or
(c) Unoccupied and has had housing or building code violations during its period of being unoccupied; or
(d) Illegally occupied, other than during a pending dispute between landlord and tenant, but including loitering and vagrancy; or
(e) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(f) Unoccupied and abandoned by the property owner; or
(g) Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant and unsafe. Such conditions may include, but are not limited to, or by the presence of, one or more of the following: overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant and unsafe.
(C) Vacant building registration.
(1) In all areas within the corporate limits of the city, an owner of a structure which meets the definition of a "vacant building" as set forth in this section shall register such structure with the Community Development Department not later than 120 days after it becomes a vacant building as defined herein, or not later than 30 days of being notified by the Code Enforcement Inspector of the requirement to register based on evidence of vacancy, whichever event first occurs.
(2) The registration shall be submitted on forms provided by the Community Development Department and shall include the following information supplied by the owner:
(a) The name(s) and address(es) of the owner or owners;
(b) If the owner does not reside in a location in the State of Ohio within 60 miles of the Lebanon City corporate limits, a property agent, manager or caretaker residing or doing business within the state and within said 60-mile-radius shall be designated and identified by name, address and telephone number. By designating an authorized agent under the provisions of this section, the owner is consenting to the service of any and all notices required or allowed under this section upon said agent;
(c) The names and addresses of all known lien holders and all other parties known or believed upon information to have a claim of an ownership interest in the building;
(d) A telephone number where a responsible party can be reached at all times during business and non-business hours; and
(e) A vacant building plan as described in division (C)(3) of this section.
(f) Proof of insurance.
(3) The owner shall submit a vacant building plan which must meet the approval of the Code Enforcement Inspector. The plan, at a minimum, must contain one of the following:
(a) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within 30 days of acceptance of the proposed demolition timeline and does not exceed one year in accordance with the Ohio Building Code; or
(b) If the building is to remain vacant, a plan for ensuring the building is secured and maintained in accordance with all applicable building and fire codes along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or
(c) If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the building and grounds. The rehabilitation plan shall not exceed 12 months from the time the owner obtains required permits, unless the Code Enforcement Inspector grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes, and the property must be secured during the rehabilitation.
(4) The owner shall comply with all applicable laws, regulations and codes. The owner shall notify the Code Enforcement Inspector of any changes in information of a vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be submitted to the city in writing and must meet the approval of the Code Enforcement Inspector.
(5) The owner and subsequent owners shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable health codes, property maintenance codes and fire codes. A new owner(s) shall register or re-register a vacant building with the Community Development Department within 30 days of any transfer of an ownership interest in the vacant building, unless the building is to become occupied upon transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted to the city in writing and meet the approval of the Director.
(6) Failure of the owner or any subsequent owners to maintain the building and premises that result in remedial action taken by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable remedy and/or penalties provided by the law.
(7) The provisions of this chapter apply to all owners of record and both the vendor and vendee under any actual or alleged land contract or lease-purchase agreement, whether recorded or unrecorded.
(8) The registration and all associated processes must be completed in its entirety annually for as long the property remains vacant as defined herein.
(9) The Code Enforcement Inspector shall maintain a record of any property-specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant building.
(D) Inspections. The Code Enforcement Inspector reserves the right to inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this chapter. Upon the written request of the Code Enforcement Inspector, an owner shall provide access to all interior and exterior portions of a vacant building in order to permit a complete inspection of the premises within 90 days of receipt of the written request. If the owner does not provide access within 90 days, the city may pursue court action seeking admission. Any civil penalties under this section which remain unpaid for more than ten days may be collected in an action at law by any method permitted for collection of an unpaid account. Nothing in this section shall limit the right of the Code Enforcement Inspector to seek a search warrant for the vacant building from a court of competent jurisdiction.
(1) Vacant buildings will be subject to an exterior inspection at least twice per year at the Zoning/Code Enforcement Officer's discretion to ensure the compliance with property maintenance codes;
(2) Vacant buildings will be subject to both an interior and an exterior inspection at the start of each registration period (new and renewal) and when a registration under this section is terminated by the property owner;
(3) Vacant buildings will be subject to both an interior and an exterior inspection upon acquisition of the property by a new owner.
(4) Any inspection that is to take place within 30 days of a previous inspection may or may not be conducted at the discretion of the Code Enforcement Inspector.
(E) Fees. The fees described in this section are established in order to defray the cost to the city government and community as a whole related to the health, safety and economic impacts of structures which remain vacant for long periods of time, including but not limited to administrative costs for registering and processing the vacant building owner registration form and for the costs incurred by the city in monitoring the vacant building site. The fees are also structured in order to provide appropriate incentives for owners of vacant buildings to care for them properly, seek to fill them, and in appropriate cases demolish them. The annually increased fee amounts are intended to absorb the costs incurred by the city for demolition and hazard abatement of or repairs to vacant buildings, as well as the continued normal administrative costs stated above.
(1) The owner of a vacant building shall pay a fee of $250 for the first year the building remains vacant. For every consecutive year that the building remains vacant, an annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of $3,750 to be used for the fifth and for all consecutive, subsequent years of vacancy.
(2) The first annual fee shall be paid at the time the building is registered. If the owner successfully restores the building to occupancy or demolishes it in accordance with applicable law during the first year following registration, the fee shall be refunded, less an administrative charge equal to 5% of the amount refunded.
(3) The fee shall be paid in full prior to the issuance of any building permits unless the property is granted an exemption.
(4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.
(5) Absent a showing of good cause, if a building is not registered within the time frame required in this section, or the registration is not renewed within 30 days after the expiration of one year from the date of the previous registration, a penalty shall be paid in addition to the annual registration fee. The penalty shall be equal to one-half of the current annual fee or $500, whichever is less.
(F) Exemptions.
(1) A building under active construction, reconstruction or renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.
(2) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 180 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Inspector. This request shall include the names and addresses of the owner or owners, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building. One extension of not more than 90 days' duration may be granted for good cause shown.
(3) A building that is for sale and listed with a licensed State of Ohio Realtor shall be exempted for a period of 12 months from the start of vacancy, provided that the owner submits proof to the Code Enforcement Inspector of such listing and for sale status, and the building and premises is maintained free of any property maintenance violations. A building that has been granted an exemption pursuant to the following: Any owner of a vacant building may voluntarily register the same and request an exemption from the remaining provisions of this chapter by filing a written application with the Code Enforcement Inspector, who shall timely consider same. In determining whether a request for exemption should be granted, the Director shall consider the following: the applicant's prior record as it pertains to City Zoning Code, City Nuisance Code, and/or Building Code violations; the amount of vacant property the applicant currently has within the city; the length of time that the building for which the exception is sought has been vacant; the reason or reasons for the vacancy; and the difficulty or expense involved in any necessary remediation or demolition. No exemption from registration shall be granted unless the owner or representative first completes a vacant building plan under this division (F) and addresses any and all existing code violations. An owner who believes he or she is being denied an exemption for arbitrary or capricious reasons may file an appeal of such denial within ten days as forth in § 1301.27.
(G) Appeals. Any owner who is served a notice of vacant property registration, may, within 30 calendar days of receipt of such notice, apply for an exemption or appeal the decision. Such appeal shall be in writing and shall state the order or decision which is being appealed and the reason for the appeal. Such appeal shall be filed with the City Manager, who shall make a determination with the assistance of the City Attorney. If the owner still wishes to apply for an exemption or an appeal, the city shall call the Board of Zoning Appeals for the purpose of meeting to affirm, modify, or reverse the decision of the official, or designee. The appellant must be notified in writing of the meeting date, location, and time. Such meetings shall be open to the public.
(H) Penalty. Any person violating any provision of the vacant building registry shall be subject to the penalties provided by § 1301.99.
(Ord. 2023-079, passed 9-26-23)