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(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.)
(A) After January 1, 2024, every Owner of a Housing Unit located inside the City of Lima which is not Owner-occupied, shall obtain and maintain a valid Rental Housing Unit Registration Certificate as set forth in this Chapter for each such Housing Unit, regardless of whether the Housing Unit is actually rented or offered for rent at that time.
(B) With the exception of Housing Units identified in C.O.L. § 872.04, all Rental Housing Units shall be registered by the Owner with the Department according to the registration deadlines in this section.
(1) An Owner shall submit to the Director a Registration Form for each Rental Housing Unit of the Owner. If any of the information required on the Registration Form changes during the term of a registration, the Owner shall update the information within 30 days of the information changing.
(C) For condominiums and cooperatives, the property required to be registered shall be the individual housing unit being rented and not the entire condominium building, cooperative building, or development.
(D) Beginning January 1, 2024:
(1) Owners of 10 or more Rental Housing Units shall register their units with the Director no later than June 30, 2024.
(2) Owners of between 5 and 9 Rental Housing Units shall register their units with the Director no later than December 31, 2024.
(3) Owners of between 1 and 4 Rental Housing Units shall register their units with the Director no later than June 30, 2025.
(4) However, nothing herein shall prevent an Owner from voluntarily registering units prior to the schedule above.
(E) There shall be no fee charged to the Owner for the registration of a Rental Housing Unit.
(F) A new Owner of a Registered Rental Housing Unit shall, within 30 days after the sale is closed, update the current registration. There is no fee for this update.
(Ord. 250-23. Passed 1-2-24.)
(A) Upon submission of a fully completed Registration Form for a Rental Housing Unit Registration, as determined by the Director, the Director shall issue a Rental Housing Unit Registration Certificate, which shall be valid for five years from the date of issuance.
(B) A Rental Housing Unit Registration Certificate shall serve as the license as required in C.O.L. Chapter 802, granting authority of the Owner to rent that Rental Housing Unit.
(C) Subject to the time line in C.O.L. § 872.05, no Owner shall rent a Housing Unit unless the Owner has been issued a Rental Housing Unit Registration Certificate for that Rental Housing Unit.
(D) A Rental Housing Unit Registration Certificate must be renewed by submitting a registration renewal form, as approved by the Director, at least 30 days before the current registration expires.
(E) Notwithstanding any Rule promulgated by the Director pursuant to C.O.L. § 872.03, the Registration Form shall include a designation by the Owner of the name, address, email, and cell-phone number of one or more persons who reside in Allen County, Ohio, or an adjacent County, who agree to serve as the Owner's Property Agent solely for contact purposes by any City of Lima representative regarding the Rental Housing Unit. This requirement shall not apply to any Owner who lives within 30 miles straight distance measured from the City Building at 50 Town Square using any recognized Internet-based map program such as Google Maps™ as determined by the Director.
(1) Notwithstanding the identification of the Owner's Property Agent, all notices, findings, determinations, orders, and other communications regarding the Owner's obligations under this Chapter shall be served on the Owner, as set forth in C.O.L. § 872.03(C).
(Ord. 250-23. Passed 1-2-24.)
(A) The approval of a Registration Form may be denied by the Director for any of the following reasons:
(1) Submitting an incomplete or inaccurate form; or
(2) Submitting a form the Owner knows or should have known is false.
(B) A Rental Housing Unit Registration Certificate may be suspended or revoked by the Director if the Rental Housing Unit is determined not to be in compliance with a health and safety requirement as listed in C.O.L. § 872.08(A)(4)(a), or if the Rental Housing Unit Registration Certificate was improperly obtained, as determined by the Director.
(C) If the Director declines to issue, suspends, or revokes a Rental Housing Unit Registration Certificate, the Director shall notify the Owner in writing by mailing the denial notice or revocation notice in accordance with C.O.L. § 872.03(C). The Owner may appeal the denial, suspension, or revocation, as set forth in C.O.L. § 872.11.
(D) If a Registration Form is denied solely because it is incomplete or inaccurate, the Owner may submit an amended Registration Form in order to correct the incomplete or inaccurate parts of the Form. No additional or new fee shall be required for resubmission of an incomplete Form.
(Ord. 250-23. Passed 1-2-24.)
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