(a) The owner of any properties in default and/or REO properties that have structures that have become vacant as defined above shall, within thirty (30) days after the structure first becomes vacant or within thirty (30) days of receiving notice that a structure is vacant, file a registration statement for each such structure with the Code Official or his or her 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 judgement of foreclosure has been issued shall provide a cash bond acceptable to the Massillon Building Department or their designee, in the sum of not less than ten thousand dollars ($10,000.00), to secure the continued maintenance of the property throughout its vacancy and compensate 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 the amount not to exceed 10% of the bond amount, shall be retained by the City as an administrative fee to fund an account for expenses incurred for administering this program and for Code Enforcement activities. Foreclosure filing fees will be credited toward the bond administrative fee.
(1) The registration statement shall remain valid for one year from the date of registration. The registering party shall then be required to annually renew the registration per Chapter 1331 of the Massillon City Code.
(2) The owner shall notify the Code Official or his or her designee within thirty (30) days of any change in the registration information by filing an amended registration statement on a form provided for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City against the owner of the structure. An owner shall be liable under this Section for failing to register a vacant structure, paying an appropriate annual registration fee, or timely updating any change in registration.
(b) (1) In addition to other information required by the Code Official, the registration statement shall include the name, street address and telephone number of a natural person twenty-one years of age or older, designated by the owner as the authorized 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. This person must maintain an office in Stark County, Ohio, or must actually reside within Stark County, Ohio. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate him or herself as agent.
(2) By designating an authorized agent under the provisions of this subsection 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 the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent's designation for the purposes of this subsection until the owner notifies the Code Official or his or her 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 vacant structure that falls within this chapter shall, within fifteen (15) days of registering a vacant structure, cause a physical inspection of the structure to 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 dated and preserved. An owner shall be liable under this Section for failing 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 structure under the provisions of this subsection shall further be deemed to consent to receive, by posting at the structure, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the structure and premises.
(e) The Code 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.
(Ord. 62-2017. Passed 7-10-17.)