(a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings as follows:
(1) "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant, including but not limited to, significantly below standard utility usage, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, accumulation of trash, junk, or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with habitation or occupation, and statements by governmental employees or neighboring owners that the property is vacant.
(2) "Owner" means any and every person, entity, bank, or service company, who alone or severally with others has legal or equitable title to any dwelling, dwelling unit, building, structure, or parcel of land; or has care, charge or control of any dwelling, dwelling unit, building, structure, or parcel of land, in any capacity, including but not limited to, agent, executor, administrator, trustee or guardian of the estate of the holder of legal title; or is a mortgagee in possession of any such property; or is an agent, trustee, receiver, or other person appointed by the courts and vested with possession or control of any such property
(3) "Person" means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, limited liability company, estate, trust or association.
(4) "Secured by other than normal means" means a building secured by means other than those used in the design of the building.
(5) "Unoccupied" means building which is not being used for the occupancy authorized by the owner.
(6) "Unsecured" means a building or portion of a building which is open to entry by unauthorized persons.
(7) "Vacant building" means a building, excluding government-owned buildings, which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by other than normal means; or
C. Unoccupied and an unsafe building as determined by the Building Official; or
D. Unoccupied and having utilities disconnected; or
E. Unoccupied and has housing or building code violations; or
F. Illegally occupied, which shall include loitering and vagrancy; or
G. Unoccupied for a period of time over ninety (90) days and having an existing code violation issued under the authority of the Building Official; or
H. Unoccupied and abandoned by the property owner.
(8) "Abandoned" means a structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor's assigns whether or not the mortgagor or mortgagor's assigns have relinquished equity and title. A structure may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash, or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is abandoned.
(b) The owner(s) of any dwelling structure that has become a vacant building, as defined in Section 1385.01, shall, within sixty (60) days of becoming vacant according to that Section, register with the Building Official or his/her designee and designate an authorized agent located in Cuyahoga County for each vacant dwelling structure owned or under the control of the owner(s) as defined in Section 1385.01(a)(2). The registration shall remain valid until December 31 of the year of the date of issuance. The owner shall be required to annually renew the registration by January 1 of each subsequent year for as long as the dwelling structure remains vacant and shall pay an annual registration fee of five hundred dollars ($500.00) for each registered dwelling structure. The owner shall notify the Building Official or his/her designee within twenty (20) days of any change in the registration information by filing an amended or designee registration statement on a form provided by the Building Official or his/her designee for such purposes.
The registration statement shall include the name and address of the designated agent and shall reflect the owner's and agent's express agreement to appear in court when summoned, that the agent shall be authorized to testify on behalf of the owner in such case, and that the agent's testimony shall be deemed to be binding upon the owner in any administrative enforcement proceeding, or court proceeding, instituted by the Village against the owner or owners of the dwelling structure. The failure of the owner of the vacant dwelling structure to obtain a deed for the property or to file the deed with the county recorder shall not excuse the owner from compliance with Section 1385.01. Registration under Section 1385.02 of the Codified Ordinances shall not negate the requirements for registration under Section 1385.01 or any other requirement of Chapter 1385.
(c) Inspections.
(1) The Building Official may inspect or cause to be inspected any premises in the Village for the purpose of enforcing and assuring compliance with the provisions of this section. The Building Official shall request the owner provide access to all interior portions of an unoccupied building in order to permit a complete inspection; or otherwise the Building Official may inspect under the authority of a warrant.
(2) Vacant properties shall be externally inspected by the Building Official a minimum of twice per year to ensure compliance with property maintenance codes.
(d) In addition to any other information required by the Building Official or his/her designee, such as a legal photo identification document or card the registration statement shall include the name, street address and telephone number of a natural person eighteen (18) years of age or older, designated by the owner or owners as the agent authorized to receive, on behalf of such owner or owners, notices of violations of Village ordinances and for receiving service of process, in any court proceeding or administrative enforcement proceeding related to the use or maintenance of the property or the dwelling structure, including but not limited to, notices and processes served in connection with the enforcement of the Building Code. The authorized agent must maintain a physical office with a street address in Cuyahoga County, Ohio, or must actually reside within Cuyahoga County, Ohio. A Post Office Box shall not satisfy the physical office requirement. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this Chapter 1385, the owner consents and agrees to receive any and all notices of violation of Village ordinances and to receive process in any court proceeding or administrative enforcement proceeding related to the use or maintenance of the property or dwelling structure, including but not limited to, proceedings related to the enforcement of the Building Code, by service of the notice or process on said agent. The designation of an authorized agent under this Section shall be deemed effective until the owner notifies the Building Official or his/her designee, in writing, of a change of authorized agent or files a new annual registration statement.
(e) If a vacant dwelling structure is on property subject to a foreclosure action, the plaintiff in the foreclosure action shall be required to comply with the provisions of Chapter 1385 if at least one of the following apply:
(1) The plaintiff in the foreclosure action is a mortgagee of the property; and/or
(2) The plaintiff in the foreclosure action has assumed possession or control of the property.
(f) Any plaintiff in a foreclosure action required to comply with Chapter 1385 pursuant to Section 1385.01(e) shall, in addition to satisfying all other requirements of this Section, provide a cash bond to the Building Official or his or her designee, in the sum of fifteen thousand dollars ($15,000.00), to secure the continued maintenance of the property in compliance with the provisions of this Building Code throughout its vacancy and to reimburse the Village for any fees owed and expenses incurred in inspecting, securing, repairing and/ or making such building safe by any legal means including, but not limited to, demolition. This cash bond obligation shall apply throughout the property's vacancy. If the inspection required in Section 1385.01(c) results in the identification of violations of the Codified Ordinances the correction of which would cost more than fifteen thousand dollars ($15,000.00), then the Village is authorized to require a higher bond, based on the amount set in the report of such inspection. If the bond is entirely depleted, the Plaintiff in the foreclosure action shall provide a second bond for the greater of the cost of repairing the remaining, uncorrected violations identified in the report of the inspection pursuant to Section 1385.01(c) or fifteen thousand dollars ($15,000.00), whichever is greater. When the title to the property has transferred, remaining bond funds will be returned to the Plaintiff in the action if that Plaintiff submits a written request for such refund within forty-five (45) days of the transfer of title; otherwise, such funds shall be retained by the Village.
(g) An annual administrative fee of one thousand five hundred dollars ($1,500.00) or ten percent (10%) of the required bond, whichever is greater, will be deducted from the bond by the Village for administrative expenses including, but not limited to, the processing, accounting, and other administrative functions inherent in the administration of the foreclosure bond. The fee shall be deducted at the beginning of each year and shall not be prorated. These fees will be held in a separate fund. The fees are due from the date the vacancy began. Except for the initial fee, the annual fee shall be due on or before January 1 each calendar year.
(h) Penalty. Any responsible party who fails to comply with any provision of this Section shall be subject to a one hundred dollar ($100.00) per day administrative penalty with a maximum penalty of fifteen thousand dollars ($15,000.00) or shall be guilty of a first degree misdemeanor, or both. Every day such violation occurs or continues shall constitute a separate offense.
(i) In the event the Village or one of its contractors, due to a lack of response of an owner or agent, is required to take action to abate a nuisance at a vacant property, the owner will be billed for the cost of abatement. If the same is not paid within thirty (30) days of the mailing of the notice, the amount due may be certified to the County Auditor for collection as other taxes and assessments are collected in accordance with Ohio R.C. 731.54, or the Director of Law is hereby authorized to seek the recovery of such costs by civil action in a court of competent jurisdiction against the property owner. If the property is subject to a foreclosure bond as set forth in Section 1385.01 herein, said bond will be drawn upon to cover such costs.
(Ord. 2022-12. Passed 4-5-22.)