(a) No residential rental unit shall be leased, let, or rented without obtaining a Residential Rental Certificate. Residential dwelling units occupied by the owner shall not be required to have a Rental Certificate. A Rental Certificate shall only be issued to an owner, or a business, or their designated agent who has provided a current valid street mailing address to the Department of the Building Commissioner for the receipt of legal notices from the City. A post office box or similar location may not be used for legal mailings.
(b) The Residential Rental Certificate shall be effective for two years from the date issued and shall be renewed every two years thereafter.
(c) Prior to the issuance of a Residential Rental Certificate or renewal of a Residential Rental Certificate, the owner or operator of a premises with a residential rental unit shall have the interior and exterior of the premises, its structures, and its rental units inspected to verify compliance with the Property Maintenance Code, Building Code, Health Code, Fire Code, and Zoning Code.
(d) The owner or agent in possession of the Rental Certificates for their buildings may renew the Residential Rental Certificates by obtaining and successfully completing re-inspections of the dwelling units and the building's interior and exterior.
(e) If there are no outstanding orders against the owner or agent in possession of the Residential Rental Certificates and there have been no violations issued against the property during the effective period of the Residential Rental Certificates, the owner or agent may request renewal of the Certificates without reinspection. The request for renewal shall be accompanied by an affidavit or by forms provided by the Code Official. The forms shall indicate that the ownership has not changed, that the property does not have any outstanding orders; that there have not been any outstanding orders; that there have not been any violation orders issued in the two year period and that the property and dwelling units have been maintained as required by the Norwood Property Maintenance Code (NPMC).
The Code Official shall verify the accuracy of the affidavit or form forms provided and shall verify that the exterior of the property is maintained in accordance with the NPMC. The Code Official shall re-issue the Rental Certificate(s) for the next two year period if the information provided is accurate and the exterior of the property is free from any violations of the NPMC.
(f) The owner or operator of a premise with a rental unit is subject to have the interior and exterior of the premises, its structures, and its rental units inspected to determine compliance with the Property Maintenance Code, Health Code, Building Code, Fire Code, and Zoning Code prior to the Renewal of the Rental Certificate under any of the following circumstances:
(1) Two or more notices and orders to comply have been issued to the owner or operator of a premise pursuant to any section of the Norwood Property Maintenance Code, Health Code, Building Code, Fire Code, or Zoning Code, within a year and the owner or operator failed to comply with those orders.
(2) In response to a complaint of an alleged violation of any of the provisions of the Norwood Property Maintenance Code, Health Code, Building Code, Fire Code, or Zoning Code with regards to the premises.
(3) The failure of the owner to file with the County Auditor the information required by Ohio Revised Code Section 5323.02.
(g) The Code Official or his/her duly authorized designee is hereby authorized to conduct inspections of any rental unit within the City of Norwood in order to perform the duty of safeguarding the health, safety, and welfare of the occupants and the public under the provisions of this Norwood Property Maintenance Code, Building Code, Fire Code, and Zoning Code. Inspections shall occur in the following manner:
(1) Inspections shall be conducted during regular business days from 8:00 a.m. to 5:00 p.m.
(2) If a rental unit is occupied, the Code Official or his/her duly authorized designee shall provide the owner/operator of intent to inspect the property twenty-four hours prior to the inspection so that the owner/operator may notify the tenant and arrange access to the unit.
(3) If consent to inspect a rental unit is withheld by any person or persons having the lawful right to exclude, the Code Official or his/her duly authorized designee may apply to the court of competent jurisdiction for a search warrant of the rental unit. No owner, operator, or occupant of the rental unit shall fail or neglect, after presentation of the warrant, to property permit therein by the Code Official or his/her duly authorized designee for the purpose of inspection and examination pursuant to this section.
(h) In addition to the criminal penalty provisions of this section if the owner or agent in possession of the Residential Rental Certificates allows the Certificates to expire, the Residential Rental Certificates shall only be issued as new, with a re-inspection of the property and dwelling units.
(i) The owners of the Residential Rental Certificates shall notify any new owners of the property of the requirements for the Certificates. The Residential Rental Certificates may be transferred to a new owner if the new owner notifies the Code Official within thirty (30) days of the change of ownership.
(j) The Code Official may issue a Temporary Residential Rental Certificate for a building or dwelling unit before all notices or orders issued for violations noted during inspections have been completed, provided such portions may be occupied safely without endangering life or public welfare.
(k) The City of Norwood may revoke the Residential Rental Certificates for any of the following reasons:
(1) Whenever there is a violation of any provisions of the Norwood Property Maintenance Code, Health Code, Building Code, Fire Code, and Zoning Code. or any ordinance relating to the same subject matter.
(2) Whenever there is a violation of any condition on which the issuance of the Residential Rental Certificate was based.
(3) Whenever any false statement, information or misrepresentation has been made in relation to the issuance of the Residential Rental Certificate.
(4) Whenever the owner(s) or occupant(s) of a dwelling unit or building is convicted twice in any two year period for violations of Section 509.08 of the Norwood Codified Ordinances.
(5) Whenever the property constitutes a nuisance based on the following:
(A) Excessive response for services due to illegal activity;
(B) The presence of nuisances as defined in Ohio Revised Code Section 3767.01(c);
(C) The presence of nuisances as defined by Oho Revised Code Section 4301.73; or
(D) The premises or real estate, including vacant land, on which a felony violation of Chapter 2925 or 3719 of the Ohio Revised Code occurs, regardless of whether there has been a conviction for said violation.
(l) Upon the discovery of grounds to revoke a residential rental certificate, the Code Official shall issue a show cause order notifying the owner or agent in possession of an upcoming Norwood Board of Building Appeals hearing to revoke the residential rental certificate. The show cause order shall notify the owner or agent in possession of the upcoming hearing date before the Norwood Board of Building Appeals and state the grounds to revoke the residential rental certificate. Such hearing shall be no earlier than thirty (30) days from the issuance of a show cause order. The show cause order in every instance shall be in writing and shall be served by priority mail with delivery confirmation upon the holder of the Certificate, the owner, or their agent. Any show cause order shall also be posted upon the building or structure in question by the Code Official. Nothing herein shall prohibit a Code Official from vacating a residential unit pursuant to applicable provisions of the Property Maintenance, Building, Health, Fire, or Zoning Code.
(m) Upon the discovery of grounds to revoke a residential rental certificate pursuant to Section 1331.08(k)(5), the Chief of Police or designee shall issue a show cause order notifying the owner or agent in possession of an upcoming Norwood Board of Building Appeals hearing to revoke the residential rental certificate. The show cause order shall notify the owner or agent in possession of the upcoming hearing date before the Norwood Board of Building Appeals and state the grounds to revoke the Residential Rental Certificate. Such hearing shall be no earlier than thirty (30) days from the issuance of a show cause order. The show cause order in every instance shall be in writing and shall be served by priority mail with delivery confirmation upon the holder of the Certificate, the owner or their agent. Any show cause order shall also be posted upon the building or structure in question by the Chief of Police or designee. The Chief of Police or designee should also forward a copy of the show cause order to the Building Commissioner and Clerk of the Norwood Board of Building Appeals within seventy-two (72) hours of issuing the order.
(n) The owner or agent shall attend a show-cause hearing before the Norwood Board of Building Appeals on the date listed in the show-cause order. The owner or agent may be represented by counsel. At show-cause hearing, the Code Official or Chief of Police or designee shall present evidence providing the grounds to revoke Residential Rental Certificate. The owner or agent may present evidence indicating correction of the violations listed in the show cause order.
(o) Failure to attend a show cause hearing shall constitute a waiver of the appeal right. The Board shall affirm the show cause order and revoke the residential rental certificate.
(p) After hearing the evidence at the show-cause hearing, the Norwood Board of Building Appeals may elect to:
(1) Sustain the findings of the Code Official or Chief of Police and revoke the Residential Rental Certificate. Upon such revocation, the dwelling shall be vacated and no person shall continue occupancy of the dwelling(s) or areas for a period of one year from the date ordered or until the revocation notice is rescinded or decision of the Board of Building Appeals is overturned
(2) Sustain the findings of the Code Official or Chief of Police and revoke only the residential rental certificate for those unit(s) constituting the violation. Upon such revocation those unit(s) constituting the violation shall be vacated and no person shall continue occupancy of the those unit(s) or areas for a period of one year from the date ordered or until the revocation notice is rescinded or decision of the Board of Building Appeals is overturned. The other residential rental units may remain occupied.
(3) Take such other action and render such other orders as it deems appropriate within the authority confirmed by this Section.
(4) Reverse the decision of the Code Official and Chief of Police and rescind the show cause order. Nothing herein prevents the owner from taking steps necessary to abate the grounds which formed the basis of the show-cause order.
(q) A copy of the decision of the Norwood Board of Building Appeals shall be in writing and shall be mailed to the owner by priority mail with delivery confirmation. The decision of the Norwood Board of Building Appeals may be appealed to a court of competent jurisdiction according to the provisions of Ohio Revised Code Chapter 2506. Such appeal shall occur within fifteen (15) days of the Board's decision as evidence by the date on which the copy of the decision was mailed.
(r) The fees for Residential Rental Certificates shall be payable at the time of initial request. The amount of the fee shall be in accordance with Table 1305.05(j).
(s) No owner shall knowingly provide housing accommodations to an individual whose tenancy would constitute a direct threat to the health or safety of the individuals or whose tenancy would result in substantial physical damage to the property of others.
(t) All owners of rental property shall register with Hamilton County as required by Ohio Revised Code Section 5323.02.
(u) A violation of the requirements of this section shall constitute a misdemeanor of the first degree, punishable by a fine of not more than one thousand dollars ($1,000) or imprisoned not more than one hundred and eighty days (180) or both for each offense. Each day such a violation continues constitutes a separate offense.
(Ord. 43-2013. Passed 9-24-13.)