872.01 Authority; Findings; Abatement.
872.02 Definitions.
872.03 Enforcement Authority; Rules; Severability.
872.04 Exemptions.
872.05 Registration Required for Rental; Rental Housing Registration; Fees.
872.06 Registration Certificate.
872.07 Registration Denial; Suspension or Revocation.
872.08 Inspections; Fees.
872.09 Miscellaneous.
872.10 Voluntary Inspection Program.
872.11 Appeals.
872.12 Civil Enforcement.
872.99 Penalties.
(A) Pursuant to Section 1 of the Lima City Charter, and the City's Home Rule authority under the Ohio Constitution, City Council may license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade, and Council finds that the rental of residential premises is such a business, occupation, profession, or trade in need of the regulations as set forth herein.
(B) Pursuant to Section 1 of the Lima City Charter, and the City's Home Rule authority under the Ohio Constitution, City Council may define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; and Council may do all things necessary to promote the health, convenience, comfort and welfare of its citizens and advance the physical standard of its citizenship.
(C) Pursuant to Section 1 of the Lima City Charter, and the City's Home Rule authority under the Ohio Constitution, City Council finds and declares that substandard residential rental housing causes lower property values, housing stock deterioration, neighborhood blight, and lowers the aesthetic quality of city neighborhoods, all of which is contrary to the health, safety, and welfare of the citizens of Lima and therefore is a public nuisance subject to abatement and other powers and authorities as set forth in the preceding paragraph.
(D) Council adopts the findings from a recent Lima Housing Assessment that the lack of a rental registry limits the City of Lima's ability to assess the availability and affordability of housing units across a range of unit sizes. Lack of regular maintenance on rental properties can jeopardize adjacent homeowners' investments in their properties. A rental registration program would better facilitate enforcement of the City's codes and regulations to protect and promote public safety, health and welfare.
(E) Council adopts the findings from the City's 2015-2019 and the 2020-2024 Consolidated Plan, filed with the Federal Department of Housing and Urban Development that identified the lack of a rental registry as a barrier to affordable housing in that it limits the City's ability to assess the availability and affordability of housing units across a range of unit sizes.
(F) Council further incorporates, finds, and adopts herein all of the provisions of the Preamble of Ordinance 250-23 enacting this Chapter.
(G) Council further finds that enacting this Chapter is necessary to so regulate the business of renting residential premises; abate the nuisances described herein; to protect the health, safety, and welfare of renters, homeowners, and the public at large; to promote the aesthetic condition and value of the City's housing stock; and to reduce physical deterioration and blight conditions that adversely impact the quality of life in the City.
(Ord. 250-23. Passed 1-2-24.)
(A) As used in this Chapter, the following words or phrases have the meaning prescribed below:
(1) "C.O.L." means the Codified Ordinances of Lima.
(2) "Department" means the City of Lima Department of Housing and Neighborhoods or any successor Department.
(3) "Director" means the Director of the City of Lima Department of Housing and Neighborhoods, or the Director's designee.
(4) "Housing Unit" means any structure or part of a structure that is used as a home, residence, dwelling, or sleeping place, including but not limited to single-family homes, duplexes, triplexes, and four-plexes; multi-family units, apartment units, condominium units, rooming-house units, micro dwelling units, housekeeping units, single-room-occupancy units, accessory-dwelling units, and any other structure being used for living accommodations.
(a) The inclusion of any type or part of a structure in this definition of Housing Unit shall not mean that it is otherwise legally permissible to use the structure or part thereof as a living unit.
(5) "Owner" means any person or legal entity having a fee simple interest, or other legally controlling interest in a property, recorded in the official records of the Allen County, Ohio Recorder as holding legal title to the property, or otherwise having lawful control of the property pursuant to a court order or unrecorded agreement with the Owner. An "Owner" shall include the Vendee of a land installment contract that complies with Ohio Revised Code Chapter 5313.
(6) "Property Agent" means one or more persons who reside in Allen County, Ohio, or an adjacent county, who agree to serve as the Owner's representative or agent solely for contact purposes by any City of Lima representative regarding the Rental Housing Unit.
(7) "Registered Rental Housing Unit" means a Rental Housing Unit for which a Rental Housing Unit Registration Certificate has been issued under this Chapter.
(8) "Registration Form" means the document approved by the Director for an Owner to use to register a Rental Housing Unit.
(9) "Rental Housing Unit" means a Housing Unit that is not occupied by the Owner as a Housing Unit.
(10) "Rental Housing Unit Registration Certificate" means the document issued by the Director that certifies an Owner has complied with the requirements of this Chapter for registration of a Rental Housing Unit, and therefore provides the Owner with the authority to rent that Housing Unit.
(11) "Unfit for human occupancy" means a finding by the Director that the property meets the definition thereof, as established in C.O.L. 1816.02.
(Ord. 250-23. Passed 1-2-24.)
(A) The Director is the City Official designated to exercise all powers set forth in this Chapter, unless otherwise specified. The Director is empowered to issue findings, orders, determinations, and decisions regarding applicability of this Chapter, and any Rules promulgated thereunder, as the Director determines to be appropriate, subject to appeal under C.O.L. § 872.11.
(B) The Director is authorized to adopt rules as necessary to carry out the provisions of this Chapter and which are not in conflict with any provision of this Chapter. Such rules shall be adopted only upon public notice and opportunity to comment, through the City of Lima website, of at least 14 calendar days prior to a rule (including an amended rule) becoming effective.
(1) The Director may issue an emergency rule that takes effect immediately or otherwise prior to the 14 days' notice provision herein, if the Director determines it is necessary to do so to enforce this Chapter consistent with the provisions herein. An emergency rule shall be properly adopted under this subsection (B) within 14 days of its issuance or it shall automatically become null and void.
(2) The rules shall be kept on file in the Department; the office of the Council Clerk; and the Law Department.
(C) All findings, orders, determinations, and decisions of the Director regarding an Owner's obligations under this Chapter shall be in writing and mailed to the Owner at the address listed by the Owner on the Registration Form, with a Certificate of Mailing. All such findings, decisions, determinations or orders are subject to appeal under C.O.L. § 872.11. All such findings, orders, determinations, and decisions shall include a statement of explanation of the Owner's appeal rights under C.O.L. § 872.11.
(D) In the event of any conflict or inconsistency, unless otherwise specified in this Chapter 872, the provisions of this Chapter shall supersede the provisions of C.O.L. Chapter 802.
(E) If any section, subsection, paragraph, sentence, clause or phrase of this Chapter shall be declared invalid for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this Chapter which shall continue in full force and effect, and to this end the provisions of this Chapter are hereby declared to be severable.
(Ord. 250-23. Passed 1-2-24.)
(A) The provisions of this Chapter shall not apply to the following:
(1) Housing Units occupied by the Owner as the Owner's place of living;
(2) Housing Units rented for not more than 12 consecutive months as a result of the property Owner, who previously occupied the unit as a primary residence, taking a work-related leave of absence or assignment such as an academic sabbatical or temporary transfer;
(3) Housing Units in hotels, motels, inns, bed and breakfasts, or similar accommodations that provide lodging for transient guests;
(4) Housing Units in structures licensed or required to be licensed under any provisions of Ohio or federal law;
(5) Housing Units in any state-licensed hospital, hospice, community-care facility, intermediate care facility, or nursing home;
(6) Housing Units in any convent, monastery, or other facility occupied exclusively by members of a religious order or congregation;
(7) Emergency or temporary shelter or transitional housing accommodations;
(8) Housing Units owned, operated, or managed by a state-licensed educational or medical institution;
(9) Housing Units that a government entity or housing authority owns, operates, or manages, or units exempted from municipal regulation by federal, state, or local law;
(10) In the event of a dispute over whether a Housing Unit is subject to the provisions of this Chapter, Owners may submit evidence to the Director demonstrating that the property is not a Rental Housing Unit for purposes of this Chapter.
(Ord. 250-23. Passed 1-2-24.)
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