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Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
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872.07   REGISTRATION DENIAL; SUSPENSION OR REVOCATION.
   (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.)
872.08   INSPECTIONS; FEES.
   (A)   Beginning July 1, 2025, and thereafter, the Department shall inspect the interior and exterior of a Registered Rental Housing Unit if any one of the following occurs, for that Rental Housing Unit:
      (1)   Two violations of any provision of C.O.L Chapter 18, Property Maintenance Code, within the previous 6-month period, or four violations within the previous 12-month period.
         (a)   The right to inspect hereunder begins as of July 1, 2025, such that the referenced 6 month and 12 month look-back period includes that amount of time prior to July 1, 2025.
      (2)   The Registered Rental Housing Unit is declared by an appropriate City Official, or any other official or entity having proper authority, to be unfit for human occupancy.
      (3)   Upon request by an Owner or tenant.
      (4)    Upon a violation of or condition involving a health or safety issue generated from the Allen County Health Department, a Safety Service Department (police or fire), the Utilities Department or other public utility.
         (a)   Health or Safety issues shall mean:
            (i)   Availability of hot and cold water.
            (ii)   Functional heating system.
            (iii)   Applicable code-compliant electrical system and components.
            (iv)   Functional toilets including proper sewage drainage.
            (v)   Functional sinks.
            (vi)   Proper points of egress.
            (vii)   Smoke and carbon monoxide detectors.
            (viii)   Pest control.
            (ix)   Non-leaking roof.
      (5)   The Allen County Auditor has declared the real property taxes for the Housing Unit to be delinquent.
   (B)   If a Rental Housing Unit is found by the Director to be unfit for human occupancy, as that term is defined in C.O.L. 1816.02, the Director has the discretion to inspect all additional Rental Housing Units of the Owner during the 90 day period after a unit is found unfit for human occupancy, subject to the following:
      (1)   If the Director determines it is not necessary to inspect all additional Rental Housing Units of the Owner, the Director shall issue a written explanation detailing why additional inspection(s) are not necessary, in the Director's opinion, which shall be served upon the Owner.
      (2)   If the Director determines it is necessary to inspect all or less than all additional Rental Housing Units of the Owner, the Director shall issue a written explanation detailing a reasonable articulable basis for why additional inspection(s) is necessary, in the Director's opinion, which shall be served upon the Owner. The Owner may appeal this pursuant to C.O.L. § 872.11.
   (C)   Inspections under this section will be only for health and safety related issues as listed in § 872.08(A)(4)(a), except as otherwise requested by the Owner.
   (D)   The Owner shall cooperate with the Department to schedule all inspections under this Chapter.
   (E)   The Owner shall provide at least 48 hours written notice to all tenants residing in the Rental Housing Unit scheduled for inspection.
   (F)   If any Rental Housing Unit Owner, tenant, occupant or other person in control and/or possession and whose consent to inspect is necessary concerning a Rental Housing Unit, (or any part thereof) fails or refuses to consent to access and entry to the property or dwelling unit under his or her control for any inspection required or permitted by this Chapter, the Director may apply to a court of jurisdiction for an administrative search warrant. The application for the administrative search warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection shall be limited to a determination whether there are any violations of the standards of the City related to obtaining or maintaining a Rental Housing Unit Registration Certificate. The time deadlines provided for in this Chapter shall be tolled until a ruling on the Director's search warrant request has been issued. Notwithstanding this warrant procedure, the Director shall otherwise have equitable recourse as provided by law.
   (G)   The fees for inspections shall be calculated by the Director only to cover the City's administrative cost associated with the inspection process. The Director shall determine a schedule of fees and file the same with the Clerk of Council. Council retains the authority to modify the fees as it determines appropriate.
(Ord. 250-23. Passed 1-2-24.)
872.09   MISCELLANEOUS.
   (A)   Nothing set forth herein shall limit the right of a tenant to grant the City access to the dwelling unit for inspection purposes.
   (B)   The tenant and the Rental Housing Unit Owner or the Property Agent may be present during the inspection time.
   (C)   No Rental Housing Unit Owner shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith contact made by such tenant to the City for any reason including, but not limited to, those related to code enforcement matters. This Section shall not prohibit the eviction of tenants from a Rental Housing Unit for unlawful conduct of a tenant or invitee, or violation of any rules, regulations, or lease terms other than any lease term containing a prohibition or limitation against contacting the City for any reason including, but not limited to, those related to code enforcement matters.
   (D)   No person shall report a violation of this Chapter or City Ordinance knowing or having reason to know that the report is false with the intent to affect the registration or inspection schedule of the Rental Housing Unit.
   (E)   A tenant must comply with applicable City Codes and all applicable local, state, and federal laws, and ordinances related to their occupancy of any Rental Housing Unit.
(Ord. 250-23. Passed 1-2-24.)
872.10   VOLUNTARY INSPECTION PROGRAM.
   The Director is authorized to create a Voluntary Inspection Program under which Owners may voluntarily request an inspection that is more thorough and comprehensive under City Codes. Only the direct cost of such inspection, as determined by the Director, shall be charged to the Owner. There shall be no citation, order, or penalty issued by the Director for code violations observed during or as a result of this inspection.
(Ord. 250-23. Passed 1-2-24.)
872.11   APPEALS.
   (A)   An Owner may appeal a written determination, decision, finding, or order of the Director regarding the Owner's obligations under this Chapter by filing an Appeal with the City of Lima Board of Building Appeals within 45 days of the date of mailing of the Director's decision or order. The appeal shall be in writing and shall state the reasons for the appeal. The Owner has the burden of production and the burden of proof by a preponderance of the evidence. The Board may affirm, reverse, or modify the decision of the Director, as it determines to be appropriate, based on the preponderance of the evidence presented by the Owner.
   (B)   Any enforcement action on the determination, decision, finding, or order of the Director shall be tolled during the pendency of such an appeal. This right to appeal, however, shall not prevent the City from issuing citations prohibiting occupancy under any other provisions of the C.O.L. or state law when life safety issues are present in a Rental Housing Unit.
   (C)   An Owner, or the Director if authorized to do so by the Mayor, may appeal the decision of the Board to a court of jurisdiction in accordance with state law.
(Ord. 250-23. Passed 1-2-24.)
872.12   CIVIL ENFORCEMENT.
   In addition to any other remedy authorized by law or equity, civil actions to enforce this Chapter may be brought by the Law Director.
(Ord. 250-23. Passed 1-2-24.)
872.99   PENALTIES.
   (A)   Any violation of C.O.L. § 872.09 (D) shall be an unclassified misdemeanor with a mandatory fine of $200 on the first offense, $400 on the second offense, $600 on the third offense, and $1,000 for each subsequent offense.
   (B)   Any violation of any other provision of this Chapter shall be an unclassified misdemeanor with a mandatory fine of at least $200.
(Ord. 250-23. Passed 1-2-24.)