(a) The owner, lessee, or party in control of any vacant building and/or vacant unit of a building, or a party that has filed and is currently maintaining an open foreclosure action regarding a vacant building shall maintain the vacant building and/or vacant unit of a building in compliance with Municipal codes with particular attention to the following:
(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.
(2) All building exteriors shall have adequate weather-tight protection, including paint, siding, and or similar finishes maintained 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 found to be defective shall be replaced with similar, new doors or window units equipped with locking hardware.
(4) Property must be properly winterized.
(5) Roofs on all buildings shall be in good, weather tight condition with no leakage.
(6) Any accumulated trash or debris must be removed from the interior and exterior of the property immediately.
(7) 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.
(8) Property shall be maintained free of nuisance conditions.
(9) Compliance with 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) Registration Required.
(1) The owner, agent, lessee, or party in control of any vacant building and/or vacant unit of a building, or a party that has filed a foreclosure action that is currently pending regarding any vacant building, shall register the building, property and/or vacant unit of a building with the Building Commissioner, and maintain the registration up to date.
(2) An application for registration of a vacant building and/or vacant unit of a building shall include all of the following information on forms provided by the Municipality:
A. The name of the owner, agent lessee or party in control of the property and/or foreclosing entity submitting the registration application;
B. The direct mailing address of the applicant; Post Office boxes are not an acceptable address;
C. A contact name, telephone number and e-mail address for the applicant;
D. In the case of an applicant whose home or business address is located outside Cuyahoga County, the applicant shall provide the name and mailing address as well as the contact name, telephone number and e-mail address of the person responsible for the security, maintenance, and marketing of the property.
E. The fee required by subsection (b)(5) hereof.
(3) Registration shall remain valid for twelve months from the date of issuance. The owner, agent, lessee or party in control, or party mortgagee in an open foreclosure action, shall renew the registration upon expiration for as long as the building, property, and/or unit of a building remains vacant.
(4) The owner, agent, lessee, party in control, or party in an open foreclosure action of any vacant building property, and/or vacant unit of a building, shall inspect the building, property and/or unit at least one time each month on the interior and exterior of the property to verify that the requirements of this chapter, the Codified Ordinances of the Municipality, and any other applicable laws are being met. A written report of such inspections shall be provided to the Municipality upon request.
(5) Fees: The annual fee for registering a vacant building, property and/or vacant unit of a building shall be fifteen cents ($0.15) per square foot of vacant space for the first year the property is vacant, twenty cents ($0.20) per square foot of vacant space for the second consecutive year the property is vacant, and twenty-five cents ($0.25) per square foot of vacant space for every consecutive year beyond the second year that the property remains vacant.
Revenue collected each year from this fee shall be distributed annually as follows: the first one-third of the fee collected shall be appropriated to a proper Municipal account for use by the Division of Building, Zoning and Housing for nuisance abatement purposes.
(c) Exemptions: Waivers exempting compliance with the provisions of this chapter shall be obtained in writing on a form provided by the Municipality under the following circumstances, as long as the property is kept in safe, secure, and habitable condition, including continual compliance with this section:
(1) Fire damaged buildings: so long as clean up, repair or demolition is initiated within ninety days from the date of the fire.
(2) The owner, lessee, or party in control of any vacant building and/or vacant unit of a building can produce evidence the vacant building or vacant unit will be reoccupied within ninety days of becoming vacant. Such evidence shall include an application for occupancy filed with the Division of Building, Zoning and Housing by the new user intending to occupy the space.
(3) The owner, lessee, or party in control of any vacant building and/or vacant unit of a building can submit a vacant building plan which meets the approval of the Building Commissioner. The plan, at a minimum, must contain information from one of the following two choices:
A. If the building is to be demolished, a demolition plan indicating the proposed timeline for demolition which includes starting within thirty days of receiving approval for demolishing the building and reaching completion within one year of submitting said plan.
B. If the building is to undergo extensive renovation and/or rehabilitation before being made available to be returned to appropriate occupancy or use. The rehabilitation and/or renovation plan must receive approval from the Building Commissioner and any Municipal boards and commissions as required. The rehabilitation and/or renovation must be complete within twelve months from the time said plan is approved. Any request for an extension must be made in writing and must detail the reasons why the extension is being requested. The extension must be approved by the Building Commissioner. Any repairs, improvements, or alterations to the property must comply with any applicable zoning, housing, or building codes, and the property must be secured during the rehabilitation and/or renovation.
(Ord. 65-2022. Passed 5-24-22.)