The purpose of this chapter is to establish a program for identifying and registering vacant residential and commercial structures; to determine the responsibilities of owners of vacant structures and structures; and to speed the rehabilitation of the vacant structures. Shifting the cost of burden from the general citizenry to the owners of the blighted structures will be the result of this chapter.
(Ord. 2018-17. Passed 9-13-18.)
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) “Evidence of vacancy” means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by governmental employee(s) that the property is vacant.
(b) “Secured by other than normal” means a structure secured by means other than those used in the design of the structure.
(c) “Unoccupied” means structure that is not being used for the occupancy authorized by the owner.
(d) “Unsecured” means a structure or portion of a structure that is open to entry by unauthorized persons without the use of tools or ladders.
(e) “Vacant structure” means a structure (excluding government-owned structures) which is:
(1) Unoccupied and unsecured; or
(2) Unoccupied and secured by other than normal means; or
(3) Unoccupied and an unsafe structure as determined by the Mayor or his designee; or
(4) Unoccupied and having utilities disconnected; or
(5) Unoccupied and has housing or structure code violations; or
(6) Illegally occupied, which shall include loitering and vagrancy; or
(7) Unoccupied for a period of time over ninety days and having an existing code violation issued by the Mayor or his designee; or
(8) Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
(9) Unoccupied and abandoned by the property owner; or
(10) A building which is not occupied by its owner, lessee or other person in lawful possession, and at which substantially all lawful business operations or substantially all residential occupancy has ceased, or which is substantially devoid of content; or
(11) A building in which the owner, lessee or other person in lawful possession, who does not occupy the structure daily, or for a period of less than three out of every twelve months, who is considered an “absentee owner”, meaning they visit and occasionally stay in the structure but have a full-time residency at a location other than the structure in question.
(Ord. 2018-17. Passed 9-13-18; Ord. 2022-11. Passed 12-8-22.)
(a) The owner shall register with the Mayor or his designee not later than ninety days after any structure located in an area zoned for, or abutting an area zoned for, residential or commercial use in the Village becomes a vacant structure or not later than thirty days of being notified by the Mayor or his designee of the requirement to register based on evidence of vacancy, whichever event first occurs.
(b) The registration shall be submitted on forms provided by the Mayor or his designee and shall include the following information supplied by the owner:
(1) The name and address of the owner or owners;
(2) If the owner does not reside in Lake County or within ten miles of the Perry Village limits, the name and address of any third party who the owner has entered into a contract or agreement for property management. By designating an authorized agent under the provisions of this section, the owner is consenting that the third party is authorized to receive any and all notices relating to the property and conformance of any and all ordinances;
(3) The names and addresses of all known lien holders and all other parties with an ownership interest in the structure;
(4) A telephone number where a responsible party can be reached at all times during business and non-business hours; and
(5) A vacant structure plan as described in division (c) of this section.
(c) The owner shall submit a vacant structure plan, which must meet the approval of the Mayor or his designee. The plan, at a minimum, must contain information from one of the following three choices:
(1) If the structure is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within thirty days of acceptance of the proposed demolition timeline and does not exceed sixty days in accordance with the Ohio Structure Code; or
(2) If the structure is to remain vacant, a plan for the ensuring the structure is secured as required by the Mayor or his designee, along with the procedure that will be used to maintain the property, and a statement of the reasons why the structure will be left vacant (e.g., structure is for sale, etc.); or
(3) If the structure is to be returned to appropriate occupancy or use, a rehabilitation plan for the structure and grounds. The rehabilitation plan shall not exceed twelve months from the time they obtain permits, unless the Mayor or his designee grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or structure codes, and the property must be secured during the rehabilitation.
(d) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Mayor or his designee of any changes in information of their vacant structure registration within thirty days of the change. If the plan or timetable for the vacant structure is revised in any way, the revision(s) must be in writing and must meet the approval of the Structure Commissioner.
(e) The owner and subsequent owners shall keep the structure secured and safe and the structure and grounds properly maintained in accordance with all applicable Property Maintenance Codes.
(f) A new owner(s) shall register or re-register the vacant structure with the Property Maintenance Officer within thirty days of any transfer of an ownership interest in the vacant structure if the structure continues to remain vacant after transfer. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Structure Commissioner.
(g) The failure of the owner of the vacant structure to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner from registering the property.
(h) Failure of the owner or any subsequent owners to maintain the structure and premises that result in remedial action taken by the Village shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law.
(i) The Structure Commissioner shall include in the file any property specific written statements from community organizations, other interested parties, or citizens regarding the history, problems, status, or blighting influence of a vacant structure.
(j) The registration and all associated processes must be completed in its entirety annually for as long the property remains vacant.
(Ord. 2018-17. Passed 9-13-18.)
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