1466.02 DUTIES OF OWNER.
   (a)   The owner, lessee, or party in control of any vacant building or vacant land, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building or vacant land that has become vacant shall maintain the vacant building and vacant land as follows:
      (1)   Grass and weeds shall be kept at a maximum height of six inches. Shrubbery must be kept trimmed and neat and kept from encroaching on or touching the building. A vacant or otherwise undeveloped lot shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which shall at all times be properly maintained.
      (2)   All building exteriors shall have adequate weather protection, including paint, siding, and or similar finishes in good condition.
      (3)   All buildings and grounds must be secured against trespassers and rodents. This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition. No boards, plywood or similar means or materials may be used to secure windows and doors. Doors, and/or windows that are deemed insecure shall be secured by their replacement with similar, new doors or window units equipped with locking hardware.
      (4)   Roofs on all buildings shall be in good, weather tight condition with no leakage.
      (5)   Any accumulated trash or debris must be removed from the property immediately.
      (6)   Graffiti, tagging or similar markings must be immediately removed or painted over with an exterior grade paint that matches the exterior color of the structure.
      (7)   Pools and spas shall be drained and kept dry. Properties with pools and spas must comply with the minimum security fencing requirements of the City.
      (8)   Adherence to this section does not relieve the owner or agent in control of the property of any obligations set forth in any covenants, conditions, restrictions, homeowners' association rules and regulations and/or codified ordinances or building codes which may apply to the property.
   (b)   Inspections. The owner, agent, lessee, party in control, or mortgagee in foreclosure of any vacant building as is set forth in subsection (a) above, shall inspect the property at least one time each month on the interior and exterior of the property to verify that the requirements of this section, the Codified Ordinances of the City, and any other applicable laws are being met. A written report of such inspections shall be provided to the City upon request.
   (c)   Exemptions. Waivers exempting compliance with the provisions of this chapter can be obtained in writing on a form provided by the City under the following circumstances as long as the property is kept in safe, secure, and habitable condition in the owner's absence. In the event that the Zoning Inspector or his or her designee denies the exemption, then the owner of the property can appeal the denial of that exemption to the Board of Zoning Appeals provided that the Appeal is filed within fifteen days of the date of the denial of the exemption. The Board of Zoning Appeals is granted the right to extend the exemption periods set forth in subsections (1) and (2) below by up to another ninety days provided that the owner shows good cause for extending the exemption period.
      (1)   Fire damaged buildings: as long as cleanup, repair or demolition is initiated within one hundred eighty days from the date of the fire and completed within two hundred ten days if demolished and three hundred sixty days otherwise.
      (2)   Extended vacationers or temporary change in living arrangements: A resident on an extended vacation for up to eight months or in an alternative temporary living arrangement, with the intention of re-occupying the property.
      (3)   A former owner-occupant who has moved and the owner is attempting to sell his or her vacant home and so long as the house is actively on the market.
      (4)   Estate of a deceased Mentor-on-the-Lake homeowner which is actively attempting to sell the vacant home.
      (5)   The dwelling is under active construction/renovation and has a valid building permit(s). The applicant understands that, at the time of initial inspection, they will be exempt from registration until the expiration of the longest running, currently active building permit.
      (6)   Any owner of a vacant dwelling may request an exemption for other reasons (i.e., actively marketing as a rental) from the provisions of this Chapter 1466 by filing a written application with the Planning and Zoning Commission. The applicant understands that the Director shall consider the following: 1) the applicant's prior record as it pertains to the Ohio Building Code or Property Maintenance Code violations; 2) the amount of vacant property the applicant currently has within the City; and 3) the length of time that the dwelling for which the exception is sought has been vacant.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)