(A) General provisions. The purpose of this section is to establish a program for identifying and registering vacant residential and commercial buildings; to determine the responsibilities of owners and/or persons of control of vacant buildings and structures; and to speed the rehabilitation of the vacant buildings. Shifting the cost of burden from the general citizenry to the owners of the vacant buildings will be the result of this section.
(B) Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this section, have the meanings indicated in this division.
EVIDENCE OF VACANCY. Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded-up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
PERSON IN CONTROL. The owner of the freehold estate of the premises; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lessor estate in the premises, and/or its duly authorized agent,, with the authority to bring a building or premises into compliance with the provisions of this code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of mortgage agreement, until title to the premises is transferred to a third party.
SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.
TEMPORARILY VACANT. An owner- occupied residential building which is unoccupied by the owner for a period not to exceed six months in any calendar year.
UNOCCUPIED. A building which is not being used for the occupancy authorized by the owner and/or person in control.
UNSECURED. A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.
VACANT BUILDING. A building (excluding government-owned buildings) which is:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by other than normal means;
(c) Unoccupied and an unsafe building as determined by the Chief Code Official or designee;
(d) Unoccupied and having utilities disconnected;
(e) Unoccupied and has housing or building code violations;
(f) Illegally occupied, which shall include loitering and vagrancy;
(g) Unoccupied for a period of time over 90 days and having existing code violation issued by the Chief Code Official or designee;
(h) Unoccupied with a mortgage status of abandonment (i.e., deceased or foreclosed);
(i) Unoccupied and abandoned by the property owner or person in control;
(j) A building shall not be considered a VACANT BUILDING if the building contains multiple units and any one of the multiple units is considered to be occupied.
(C) Vacant building registration.
(1) The owner or person in control shall register with the Chief Code Official not later than 90 days after any residential, industrial or commercial use building in the city becomes a vacant building, or not later than 30 days of being notified by the Chief Code Official of the requirement to register based on evidence of vacancy, whichever event first occurs.
(2) The registration shall be submitted on forms provided by the Chief Code Official and shall include the following information supplied by the owner:
(a) The name(s) and residential and mailing address(es) of the owner(s) or person(s) in control;
(b) If the owner or person in control does not reside in Hocking County, the name and address of any third party who the owner or person in control has entered into a contract or agreement with for property management. By designating in authorized agent under the provisions of this section, the owner or person in control is consenting that the third party is authorized to receive any and all notices relating to the property and conformance of any and all ordinances;
(c) The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
(d) A telephone number where the owner, person in control can be reached at all times during business and non- business hours; and
(e) A vacant building plan as described in division (3) below.
(3) The owner or person in control shall submit a vacant building plan which must meet the approval of the Chief Code Official. The plan, at a minimum, must contain information from one of the following three choices:
(a) If the building is to be demolished, a demolition plan indicating the proposed timeframe for demolition, which includes starting within 30 days of acceptance of the proposed demolition timeline and completion according to plan, and does not exceed one year, in accordance with the Ohio Building Code;
(b) If the building is to remain vacant, a plan for the ensuring the building is secured along with the procedure that will be used to maintain the property; or
(c) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds. The rehabilitation plan shall not exceed 12 months from the time they obtain permits, unless the Chief Code Official grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes, and the property must be secured during the rehabilitation.
(4) All applicable laws and codes shall be complied with by the owner or person in control. The owner or person in control shall notify the Chief Code Official of any changes in the information of their vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be in writing and must meet the approval of Code Enforcement.
(5) The owner or person in control and subsequent owners or persons in control shall keep the building secured and safe in the building and grounds properly maintained in accordance with all applicable property maintenance codes.
(6) A new owner(s) or person in control shall register or re-register the vacant building with the Chief Code Official within 30 days of any transfer or an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Chief Code Official.
(7) The failure of the owner or person in control of the vacant building to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner or person in control from registering the property.
(8) Failure of the owner or person in control or any subsequent owner(s) or persons in control to maintain the building and premises that result in remedial action taken by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
(9) The Chief Code Official shall include in the file any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant building.
(10) The registration and all associated processes must be completed in its entirety annually for as long as the property remains vacant.
(D) Inspections. The Chief Code Official shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this section. Upon the request of the Chief Code Official, an owner or person in control may provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the owner's or person in controls right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Chief Code Official or his or her designee in order to enable such inspection. The Chief Code Official shall be required to obtain a search warrant whenever an owner or person in control refuses to permit a warrantless inspection of the premises. The following shall apply:
(1) Vacant buildings will be externally inspected by the Chief Code Official a minimum of once per year to ensure the compliance of property maintenance code.
(2) Vacant buildings will be both internally and externally inspected at the start of each registration period (new and renewal) and when the registration is terminated by the property owner or person in control.
(3) Vacant buildings will be both internally and externally inspected upon acquisition of the property by a new owner or person in control and prior to an issuance of an occupancy permit.
(4) Any inspection that is to take place within 30 days of a previous inspection may or may not be conducted at the discretion of the Chief Code Official.
(E) Vacant building fees.
(1) The owner or person in control of a vacant residential building shall pay annual fees as listed in the fee schedule below for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year’s fee amount for a maximum annual fee equaling the five-year fee as listed in the fee schedule below, to be used for the fifth and for all consecutive subsequent years of vacancy.
(2) The owner or person in control of a vacant commercial or industrial building shall pay annual fees as listed in the attached fee schedule for the first year the building remains vacant. The applicable fee, as indicated in the table provided in this section, is based upon the zoning district that the building is located in. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year’s fee amount for a maximum annual fee equaling the five years fee as listed in the attached fee schedule, to be used for the fifth and for all consecutive subsequent years of vacancy.
(3) The first annual fee shall be paid at the time the building is registered. If the fee is not paid, the owner or person in control shall be subject to prosecution as prescribed as provided in this chapter.
(4) The fee shall be paid in full prior to the issuance of any building permits unless the property is granted an exception. The fee shall be prorated and a refund may be issued if the building is no longer deemed vacant under the provisions of this section within 180 days of its registry.
(5) All delinquent fees shall be paid by the owner or person in control prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.
(6) Late fees shall be paid in addition to the annual registration and will be equal to the annual fee or $1,000, whichever is less.
(7) All fees received under this section shall be deposited under the Code Enforcement Violations line item.
(F) Exemptions.
(1) A building under active construction/ renovation and having a valid building permit(s) at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.
(2) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 180 days after the date of the fire or extreme weather event if the property owner or person in control submits a request for exemption in writing to the Property Maintenance Officer. This request shall, include the names and addresses of the owner or owners or person or persons in control, and a statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
(3) A commercial and/or industrial building that is for sale/lease/rent at no more than 120% of fair market value and listed with a licensed State of Ohio realtor shall be exempted for a period of 24 months from the start of vacancy, provided that the owner or person in control submits proof to the Chief Code Official of such listing and for sale status. The owner or person in control shall provide the name and contact information for any realtor listing the property to the Chief Code Official or designee.
(4) A residential building that is for sale/lease/rent at no more than 120% of fair market value and listed with a licensed State of Ohio realtor shall be exempted for a period of 12 months from the start of vacancy, provided that the owner or person in control submits proof to the Chief Code Official of such listing and for sale status. The owner or person in control shall provide the name and contact information for any realtor listing the property to the Chief Code Official (or designee).
(5) A building that has been granted an exemption pursuant to the following: Any owner or person in control of a vacant building may request an exemption from the provisions of this chapter by filing a written application with the Property Maintenance Officer, who shall timely consider same. In determining whether a request for exemption should be granted, the Chief Code Official shall consider the following: The applicants prior record as it pertains to City Housing Code, Building Code, or Property Maintenance Code violations; the amount of vacant property the applicant currently has within the city; and the length of time that the building for which the exception is sought has been vacant.
(6) The application of this chapter shall not be inconsistent with or contrary to any and all requirements for historical structures established by any city, state, or federal agency.
(7) This section shall not apply to any residential properties determined to be temporarily vacant as defined in this section.
(8) All requests for an exemption shall be made to the Chief Code Official. The Chief Code Official shall make a decision and notify the applicant within seven days of the filing of the request for exemption.
(G) Appeals. Any owner or person in control who is served a notice of vacant property registration may, within ten calendar days of receipt of such notice, apply for an exemption or appeal the findings of the Chief Code Official as set forth in this chapter.
(H) Penalty.
(1) The owner of any vacant structure who fails to file a registration statement for each such structure within the timeframes established by this chapter or who fails to update a change in registration information within the timeframes established by this chapter shall be subject to a $50 per day administrative penalty with a maximum penalty of $1,000.
(2) Notwithstanding any other language in this chapter and unless otherwise specified, any person who violates any provision of this chapter or of the rules and regulations issued hereunder and fails to maintain the property according to the Building Code and the International Property Maintenance Code of the Codified Ordinances of the City of Logan shall be guilty of a first degree misdemeanor and, upon conviction, shall be fined not less than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.
(I) Fee schedule.
Year | B1 Zoning District | B2, B3, M1, M2, S2 Zoning Districts | R1, R2, R3, R2B, RMH Zoning Districts |
1 | $1,600 | $400 | $200 |
2 | $3,200 | $800 | $400 |
3 | $6,400 | $1,600 | $800 |
4 | $12,800 | $3,200 | $1,600 |
5 | $25,600 | $6,400 | $3,200 |
(Ord. 44-2021, passed 8-10-21; Am. Ord. 69-2021, passed 1-11-22)