(a) Issuance. An occupancy license shall be issued for non-owner-occupied dwelling units which comply with all provisions as required in this section by the Enforcing Official. No dwelling unit shall be occupied by any person other than the owner thereof without an occupancy license certifying that the dwelling meets the provisions of this Housing Code, the Zoning Code and applicable Fire Codes and amendments thereto. In the event that the owner sells the dwelling on a Land Contract Agreement, said Agreement must be recorded with the County Auditor and a copy must be presented to the Housing Inspector.
(1) The initial issuance of an occupancy license shall be contingent upon the inspection of each dwelling unit to assure said unit meets the provisions of the Housing Code, the Zoning Code and applicable Fire Codes and amendments thereto. For the initial inspection and all reinspections thereafter, the owner, operator or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Enforcing Official free access to such dwelling unit or rooming unit, and its premises at all reasonable times for the purpose of such inspection(s), examination(s) and survey. The owner, landlord or agent of the property shall be responsible for making arrangements for such inspection(s) and must be present during the prescheduled inspection(s). Inspections will occur annually for any units failing initial or any reinspection. For non-owner-occupied dwelling passing reinspection, a reinspection will occur no later than three (3) years from the date of passing such inspection.
(b) Permit Fee. An annual occupancy license fee of thirty dollars ($30.00) effective January 18, 2014, shall be paid by the owner or landlord for each dwelling unit regardless of the number of dwelling units per structure.
(c) Nonpayment of Fee. In the event the owner or landlord fails to pay the occupancy license fee within 60 days after being notified of such cost by the Housing Office, the unpaid fee shall be certified by the City to the Auditor of Columbiana County, to be placed upon the tax duplicate for collection as a special assessment. The Housing Office shall certify the cost to the City Auditor, and an additional charge of sixty dollars ($60.00) for each dwelling unit shall be assessed for the purpose of defraying the cost of such certification.
(d) Local Agent. Owners of dwelling units residing outside of Columbiana, Stark or Mahoning Counties shall Designate a local agent within the City of Salem.
(e) Expiration and Renewal, Nontransferable. An occupancy license shall expire annually from date of issue and is not transferable. It shall be the responsibility of the owner or his agent to secure licenses and renew them annually, on or before December 31st of each year.
(f) Fee Deposit. Such fees shall be collected by the Enforcing Official and deposited in the General Fund of the City. The owner/landlord shall be the responsible party for the fees.
(g) Occupancy License Required for Water Service. The Utilities Department of the City shall not accept applications for service for non owner occupied dwellings within the corporate limits unless the occupancy license number is included on the application. In the event the building is under construction or being repaired, the zoning permit number may be substituted, provided that the Zoning Office is notified.
(h) Revocation of Occupancy License. When a holder of an occupancy license has, subsequent to previous issuance of a notice of violation, failed to comply with any provisions of the Housing Code, the Zoning Code and applicable Fire Codes and amendments thereto, the holder's occupancy license may be revoked by the Enforcing Official. Upon written notification of the revocation, it shall be the responsibility of the owner or agent to evict the tenant. It shall also be the responsibility of the owner/operator to ensure that the eviction process is conducted in a timely manner and in accordance with current acceptable legal standards.
(i) Denial Notification. When the Enforcing Official denies issuance or revocation of a permit, he shall notify the applicant, owner or agent in writing. The notice shall include the date, the time limit within which to appeal the decision, and a brief statement of the reason for the action taken.
(j) Required Address. The owner/landlord, agent or tenant is hereby required to provide the Enforcing Official with the proper and/or current mailing address and phone number of the owner of each non owner occupied dwelling unit.
(Ord. 210119-02. Passed 1-19-21.)