As used in this chapter:
(a) "Inspector" means the Village Zoning Inspector or a person or entity employed by or under contract with the Village to perform inspections to determine compliance with Codes and to order corrective measures and/or initiate administrative, civil, or criminal proceedings.
(b) "Occupant" means a tenant under a written or oral lease or rental agreement, the owner of a freehold estate of the premises; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lesser estate in the premises, and/or its duly authorized agent(s), with the authority to bring a residential rental property into compliance with the provisions of this Code, including, but not limited to, a mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default or a mortgage agreement, until title to the premises is transferred to itself or a third party.
(c) "Owner" means the deeded owner of a property, any person who holds legal or equitable title to the property, a mortgagee in actual or constructive possession, a vendee-in-possession, assignee of rents, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a property or premises. The owner of a property or premises in default or for which a foreclosure action is pending or for which a judgment in foreclosure has been issued shall include the mortgagee, the successor in interest to the mortgagee, the lender or servicing company and any agent acting for the mortgagee, its successors, or a lender or servicing company. Under this definition, there may be more than one "owner" of a property or premises for purposes of this chapter.
(d) "Residential rental license" means an annual permit issued by the Village for the general privilege to rent or lease property as residential rental property in the Village.
(e) "Residential rental property" means any dwelling, unit, property or premises located in the Village for the purpose of rent or lease by the owner or his/her agent and includes any dwelling, unit, property or premises not occupied by the owner.
(1) The occupation of a premises by a person other than the deeded owner combined with the fact that said owner lists a different address as his/her/their/its own upon the records of the Mahoning County Auditor shall be prima facie evidence that the premises is a residential rental property subject to the provisions of this chapter.
(f) "Strict liability offense'" means an offense which the prosecution is not required to prove criminal intent as part of its case. It is enough to prove that the offender either did an act which was prohibited or failed to do an act which the defendant was legally required to do in order to sustain a prosecution under this Code.
(g) "Tenancy permit" means a permit issued by the Village allowing for the occupancy or use of residential rental property by one or more persons as a residence under an arrangement whereby the occupants thereof pay rent for such occupancy or use or perform services or improvements in-kind in exchange for occupancy or use.
(h) "Undue hardship" means a hardship peculiar to the situation of the owner, which is of such a degree of severity that its imposition is not necessary to carry out the spirit of this Code, and amounts to a substantial and unnecessary injustice to the person.
(Ord. 1580-20. Passed 8-18-20.)