(a) The owner of any residential structure that has become abandoned or vacant as defined in this section shall, within thirty (30) days after the structure first becomes vacant; within thirty (30) days receiving notice that a structure is vacant; or within sixty (60) days after the effective date of this Chapter, whichever is later, file a Registration Statement for each structure with the Chief Building Official or their designee, on forms provided for such purposes. Any owner of a property which files a foreclosure action against said property, or for which a foreclosure action is pending or a judgment of foreclosure has been issued, shall, in addition to all other requirements of this section, provide a cash bond acceptable to Safety/Service Director or their designee, in the sum of not less than ten thousand dollars ($10,000.00), to assure the continued maintenance of the property throughout its vacancy and remunerate the City for any expenses incurred in inspecting, securing, repairing, marking and/or making such building safe by any legal means including but not limited to, demolition. A portion of said bond, in an amount to be determined by the Safety/Service Director, shall be retained by the City as an administrative fee to fund an account for expenses incurred in inspecting, securing, repairing and/or marking said building and other buildings which are involved in the foreclosure process or vacant.
A portfolio loan, affirmed by a signed affidavit provided by the President of the financial institution which certifies that the abandoned and/or vacant property is and remains in the financial institution’s possession, and is Property Maintenance Code compliant, shall be exempt from the cash bond requirements. Said exemption shall be revoked upon finding that the financial institution is found in violation(s) of the Property Maintenance Codes and bond shall be effectuated on registered property.
The Registration Statement shall remain valid for one (1) year from the date of registration. The registering party shall be required to annually renew the registration as long as the structure remains vacant and shall pay an annual registration fee of one hundred twenty-five dollars ($125.00) for each residential structure, provided however, that all religious, educational, benevolent or charitable associations, all governmental agencies shall be exempt from the payment of the annual Registration Fee by providing valid proof of qualifying exemption. The registering party shall not be entitled to a refund of any portion of the registration fee should the structure no longer be deemed vacant during the annual registration period.
(b) In addition to other information required by the Chief Building Official, the Registration Statement shall include the name, street address and telephone number of a natural person twenty-one (21) years of age or older, designated by the owner as the legal owner's designated agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner, in connection with the enforcement of this Chapter. The designated agent must maintain an office in Lorain County, Ohio, or must actually reside within Lorain County, Ohio. An owner who is a natural person and who meets the requirements of this section as to location of residence or office may designate him or herself as agent.
By designating an authorized agent under the provisions of this section, the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered structure by service of notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Chief Building Official or their designee in writing of a change of authorized agent or until the owner files a new annual Registration Statement. An owner shall be liable under this section for failing to register an authorized agent.
(c) The owner of any abandoned or vacant residential structure shall, within fifteen (15) days of registering a vacant structure, cause a physical inspection of the structure be made and secure the structure in accordance with this Chapter. Photographs shall be taken of the property that accurately portrays the condition of the structure. Photographs shall be time stamped and preserved. An owner shall be liable under this section for failure to inspect the property or structure or for failing to maintain the inspection photographs as required by this section.
(d) Any owner who fails to register a vacant residential structure under the provisions of this section shall further be deemed to consent to receive by posting at the structure, any and all notices of code violations and service process in an administrative proceeding brought to enforce code provisions concerning structures and premises.
(e) The Chief Building Official may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a structure beyond the standards provided so that the boarding is reasonably incapable of being removed by trespassers or others acting without the owner's consent, or degrade the overall character of the neighborhood.
(Ord. 154-14. Passed 10-20-14.)