(a) Required. Except as provided in division (1) and (2) below, a certificate of use and occupancy shall be required for each rental dwelling unit of each building. Dwelling units occupied by the owner shall not be required to have a certificate of use and occupancy. The certificate of use and occupancy shall be effective for one year and shall be renewed each year thereafter.
(1) Exempted buildings. Any rental dwelling unit that meets all of the following criteria may apply for an exemption from the provisions of this section:
A. The dwelling unit(s) is owned by a non-profit organization qualified under § 501(c)(3) of the Internal Revenue Code;
B. The dwelling unit(s) is subject to regular housing inspections by a governmental agency or entity other than the village; and
C. The owner files with the village a copy of every such inspection report within 30 days of its receipt.
(2) Applications required. Applications for exemption may be obtained at Lockland Village Hall, 101 North Cooper Avenue, Lockland, Ohio. Applications must be submitted by October 1 of the year preceeding the requested exemption year.
(b) New buildings. A building or structure hereafter erected shall not be used, occupied or rented, in whole or in part, until a certificate of use and occupancy for each unit has been issued by the village.
(c) Buildings hereafter altered. A building or structure hereafter enlarged, extended or altered, in whole or in part, shall not be used, occupied or rented until a certificate of use and occupancy has been issued for each rental dwelling unit in the building; except that any use or occupancy for which a certificate had previously been issued, which was not discontinued during the work of alteration, shall require the issuance of a certificate by the village within 30 days after completion of the work of alteration.
(d) Changes in use. A building or structure that contains rental dwelling units that is hereafter changed, in whole or in part, from one use group to another, or to a different use within the same use group, shall not be occupied or rented for the new use until:
(1) The building conforms to the applicable provisions of the Village Codified Ordinances for the new use; and
(2) A certificate of use and occupancy has been issued by the village for each rental dwelling unit of such changed portions.
(e) Phase-in. Each owner of any rental dwelling unit shall obtain an annual certificate of use and occupancy for each such unit he or she owns. Such property owners shall be required to apply for such certificates for 2003 on or before June 30, 2003. Permits for each year thereafter shall be obtained by the property owner by no later than November 30 of the preceding year. Property owners may apply for and receive a certificate of use and occupancy for 2003 and 2004 at the same time, provided it is applied for before June 30, 2003.
(f) Ongoing inspections. The village shall make or cause to be made an inspection of any building that contains rental dwelling units that may become dangerous, unsanitary or unsafe, and for compliance with provisions of the Village Codified Ordinances. The village shall issue a renewal of the certificate of use and occupancy upon finding that the rental dwelling unit complies with the Village Codified Ordinances.
(g) Temporary occupancy. Upon receipt of the holder of a building permit, the village may issue a temporary certificate of use and occupancy, before the entire work covered by the permit has been completed, for those rental dwelling units of a building or structure that may be occupied safely prior to full completion of the building or structure without endangering life or public welfare.
(h) Contents of certificate. When a rental dwelling unit within a building or structure is entitled thereto, the village shall issue a certificate of use and occupancy. The certificate shall certify compliance with the provisions of the Village Codified Ordinances and shall specify any special stipulations and conditions of the building permit.
(i) Application fee. The fee for application for a certificate of use and occupancy required by the Village Codified Ordinances shall be as prescribed below and shall be payable at the time the application is submitted to the village.
Certificate of Use and Occupancy Fees | |
Single-Family Structure | |
New rental unit certificate in a single- family structure | $60 |
Renewal certificate for single-family rental unit | $40 |
Multi-Family Structure - First Rental Unit | |
First rental unit certificate for multi- family buildings or structures | $60 |
Renewal certificate for first rental unit in a multi-family building | $40 |
Multi-Family Structure - Second and Susequent Rental Units | |
Second and subsequent rental unit certificates in a new or existing multi- family building or structure | $40 |
Renewal for second and subsequent rental until certificates in a multi-family building or structure | $25 |
Extra copies of certificate of use and occupancy (one copy issued free of charge) | $2 |
Certificate of Use and Occupancy Fees | |
Copies of temporary certificate (one copy issued free of charge) | $2 |
Copies of violation orders | $2 |
(j) Revocation of certificates.
(1) The village may revoke any certificate of use and occupancy issued under the provisions of the Village Codified Ordinances and/or may order vacation of the occupancy of any rental dwelling unit for any of the following reasons:
A. Whenever there is a violation of any provision of the Village Codified Ordinances or statute relating to the same subject matter;
B. Whenever the continuance of any work becomes dangerous to life or property;
C. Whenever there is a violation of any condition on which the issuance of the certificate was based; or
D. Whenever any false statement or misrepresentation has been made upon the application, plans or specifications on which the issuance of the certificate was based.
(2) The revocation notice shall be in writing and served upon the holder of the certificate, the owner, his or her agent, or the person having charge of the work being performed on the property. A revocation notice shall also be posted upon the building or structure in question by the village. Revocation of a certificate shall be subject to appeal to the Housing Appeals Board as provided in § 1480.08.
(k) Effect of failure to obtain certificate of use and occupancy. Subject to the phase-in provisions of this section, it shall be a condition precedent to the collection of rent for the letting of any rental dwelling unit within the village that a current certificate of use and occupancy has been obtained by the property owner for that unit. A property owner’s failure to obtain and maintain a current certificate of use and occupancy shall therefore constitute a complete defense, subject to any limitations in Ohio R.C. Chapter 5321, to payment of rent for any and all rental dwelling unit(s) lacking a current certificate of use and occupancy.
(Ord. 96-28, passed 5-21-1996; Am. Ord. 2004-44, passed 9-21-2004)