(a) Certificate of Occupancy Required. After the effective date of this chapter, no owner, agent or person in charge of any single-family or multifamily rental structure shall rent, lease or permit to be occupied, any dwelling unit within said single-family or multifamily rental structure without a current and valid certificate of occupancy issued by the Zoning Inspector or a duly designated representative.
(b) Application and Issuance of Certificates of Occupancy Generally.
(1) Application for a certificate of occupancy shall be made triennially to the Zoning Inspector, or a duly designated representative, on forms provided therefor. Said application shall be accompanied by the required fees as set forth in subsection (d) hereof. Applications to renew valid certificates of occupancy shall be filed with the Zoning Inspector, or a duly designated representative, not less than sixty days prior to the expiration date of the current certification of occupancy.
(2) Upon receipt of an application for a certificate of occupancy, the Zoning Inspector, or a duly designated representative, shall schedule inspections of the rental dwelling unit as necessary to determine its compliance with this chapter.
(3) If a rental dwelling unit is found to be in compliance with this chapter, a certificate of occupancy shall be issued for said unit, which shall be valid for a period not to exceed three years.
(4) If, upon inspection of the rental dwelling unit, it is determined that a violation of this chapter exists, notice of said violation shall be made to the owner or agent of the rental dwelling unit. The owner or agent shall obtain the proper permits as required by these Codified Ordinances and the laws of the State of Ohio to correct the noted violations. No certificate of occupancy shall be issued until the violations have been corrected and the repairs inspected and approved.
(5) In addition to the triennial inspection, an application for a certificate of occupancy shall also be made to the Zoning Inspector, or a duly designated representative, not less than thirty days after a change in ownership has been completed.
(c) Application and Issuance of Certificates of Occupancy for Existing Occupancies. Within 120 days of the adoption of this chapter, the owner or agent of each single-family and multifamily rental structure shall submit to the Zoning Inspector, or a duly designated representative, an application for a certificate of occupancy for each such single-family and multifamily rental structure. Units occupied at the time of adoption of this chapter may continue to be occupied until such time as an inspection has been made by the Zoning Inspector, or a duly designated representative, after which all units shall comply with all of the provisions of this chapter.
(d) Fees. A fee, not to exceed thirty dollars ($30.00), shall be charged for the triennial inspection of each rental unit and also for changes of ownership. The fee shall be equal to the cost of the inspection plus an additional ten percent of such amount for administrative costs of the City. The Administrative Director shall certify to Council on an annual basis the cost of the inspection, and this amount shall then be used as the fee for the inspection.
(e) Duties of Zoning Inspector. It shall be the duty and responsibility of the Zoning Inspector, or the representative duly designated by the Mayor, to enforce the provisions of this chapter as herein provided.
(f) Notice of Violations.
(1) Whenever the Zoning Inspector, or a duly designated representative, determines that a single-family rental dwelling unit or a multifamily rental structure, or any portion thereof, is in violation of any provision of this chapter, he or she shall give written notice as is required in the BOCA National Property Code, as adopted in Section 1460.01, to the owner, agent or person in charge of the single-family rental dwelling unit or the multifamily rental structure, stating the nature of said violation and establishing a period of time for correction or repair.
(2) Service of said notice shall be pursuant to the methods of service that are provided in the BOCA National Property Maintenance Code, as adopted in Section 1460.01.
In the event that the certified mail notice is refused, and the certified or express mail envelope is returned with an endorsement showing such refusal, or the return of the person serving process states that service of process has been refused, service shall occur by sending the notice out by regular mail to be served to the owner and/or occupant at the address set forth in the notice. The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the City. Service shall be deemed complete when the notice is mailed, as evidenced by the certificate of mailing. If a certified or express mail envelope is returned with an endorsement showing that the envelope was unclaimed, service shall occur by sending the notice out by regular mail to be served to the owner and/or occupant at the address set forth in the notice. The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the City. Service shall be deemed complete when the notice is mailed, as evidenced by the certificate of mailing.
(g) Correction of Violations. All alterations or repairs to an existing building which are caused directly or indirectly by the enforcement of this chapter shall be done in accordance with the applicable procedures and provisions of these Codified Ordinances and the applicable laws of the State of Ohio.
(h) Failure to Correct or Comply. Whenever the owner of a single-family rental dwelling unit or multifamily rental structure fails, neglects or refuses to comply with any notice of the Zoning Inspector, or a duly designated representative, within the time period specified in any notice of violation, said owner shall be considered to be in violation of this chapter, and the City of Mentor-on-the-Lake shall proceed at law to compel compliance and to prosecute said violation.
(i) Appeals. Any owner and/or occupant who is served a notice of violation of any of the provisions of this chapter shall have the right to appeal to the Board of Zoning Appeals of the City of Mentor-on-the-Lake, provided that a written application for appeal is filed within ten days after the day the decision, notice or order was served with the clerk of the Board of Zoning Appeals on forms that are provided for such purpose. An application for appeal shall be based on a claim that the true intent of the BOCA National Property Maintenance Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the BOCA National Property Maintenance Code do not fully apply, or the requirements of this chapter are adequately satisfied by other means. Said appeal shall be scheduled for a hearing before the Board of Zoning Appeals. The fee for filing an appeal shall be ten dollars ($10.00).
The Board of Zoning Appeals shall not be required to publish the notice of hearing in a paper of general circulation, but the Board of Zoning Appeals shall provide written notice to the owner and/or occupant of the time and place of the hearing at least seven days in advance of the hearing at the address that is specified in the appeal form. The owner and/or occupant may waive the right to such written notice.
The appellant shall have the right to appear in person and with counsel. The hearing before the Board of Zoning Appeals shall be conducted pursuant to these Codified Ordinances and pursuant to the general law. In the event of any conflict between the general law and these Codified Ordinances, these Codified Ordinances shall prevail as to all questions that relate to the conduct of the hearing. A record of the decision of the Board of Zoning Appeals shall be filed pursuant to Section 1244.03 of these Codified Ordinances. The quorum requirements and vote of the Board of Zoning Appeals shall be pursuant to the requirements set forth in Section 1244.02 of these Codified Ordinances.
(Ord.97-O-09. Passed 11-11-97.)