(a) Vacant commercial and industrial building registration fees shall be reasonably related to the administrative costs of the vacant commercial and industrial building registration process and for the costs incurred by the City in monitoring the vacant commercial or industrial building site. The annual increase in registration fee amounts shall be reasonably related to the costs incurred by the City for hazard abatement, repair and/or demolition of vacant commercial and industrial buildings in addition to the continued administrative costs. Money collected under this section shall be used exclusively for the administration and enforcement of this Chapter.
(b) But for a valid arms-length transaction, the annual registration fee for a vacant commercial or industrial building shall be based on the duration of time the building has been vacant regardless of a change in ownership. The owner of a vacant commercial or industrial building shall pay an annual registration fee of four hundred dollars ($400) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual registration fee shall be assessed at double the previous year’s registration fee amount for a maximum annual registration fee equaling the five (5) year registration fee of six thousand four hundred dollars ($6,400) which shall be the registration fee for the fifth and all consecutive, subsequent years of vacancy.
(1) In the event of a valid arms-length transaction, the new purchaser would start at the $400.00 first year registration fee and proceed as described above, regardless of the status of the seller.
A. A valid “arms-length transaction” is one between a buyer and seller in which the buyer and seller are independent of each other and have no relationship (by blood, marriage, friendship, or related or unrelated business dealings) to each other, ensuring that all parties in the deal are acting in their own self interest, are not subject to any pressure or duress from the other parties, and are dealing from equal bargaining positions.
(c) Vacant buildings without an approved Development Plan:
The registration fee shall be paid in full prior to the issuance of any building permits. The Fire Chief shall refund the vacant commercial or industrial building registration fee paid if the subject building is brought into compliance with standards of the Ohio Building Code and reoccupied within one year of payment of the annual registration fee. The refund shall be for the amount of the registration fee paid during the year in which the building was approved for re-occupancy. Registration fees paid in previous years and/or any arrearages of registration fees which are paid in the same year in which the building was approved for re-occupancy shall not be refunded.
(d) Vacant buildings with an approved Development Plan:
The registration fee shall be paid in full prior to the issuance of any building permits. Beginning January 1, 2017, the Fire Chief shall refund the vacant commercial or vacant building registration fees paid if the subject building is brought into compliance with standards of the Ohio Building Code and reoccupied within the time frame specified in the approved Development Plan. The refund shall be for the full amount of all registration fees (less any funds used to maintain the safety and security of the subject building) paid in the time period after the approval of the Development Plan in accordance with Section 1505.08. Registration fees paid before January 1, 2017 or if the subject building is not reoccupied within the time frame specified in the approved Development Plan shall not be refunded.
(e) If a registration form is filed late, an additional late fee shall be paid in addition to the annual registration fee and shall be equal to the annual registration fee or one thousand dollars ($1,000) whichever is less.
(f) All delinquent registration fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant commercial or industrial building.
(g) If an owner or person in control of a vacant commercial or industrial building or a purchaser fails, neglects or refuses to pay a registration fee within the time ordered pursuant to this section then the Fire Chief shall so notify the Law Director. The Law Director shall collect this debt as if it were any other debt owed to the City including but not limited to instituting a civil action, turning the matter over to a collection agency, or conducting any other legal means of redress. The unpaid amount shall accrue interest at three percent (3.0%).
(Ord. 16-165. Passed 10-11-16.)