(a) (1) As used in this chapter, "rental unit" means any dwelling unit within a single-family, duplex and two-family dwelling, and the third floor of a two-family dwelling for which rental or separate occupancy is legally permitted in the City, where either of the following conditions exists:
A. Consideration in the form of money or other valuable consideration is being paid for occupying such units; or
B. A person other than the fee simple owner of the property or the owner's family as defined herein is occupying such unit, whether or not such person is paying consideration, and the owner is not living in the rental unit.
(2) The term "rental unit" does not include a room for rent in a hotel as defined in Section 1211.02 of the Zoning Code, or to a rental of a property for less than thirty (30) days per calendar year.
(3) The term "family" for the purposes of this chapter includes immediate family only; that is, the spouse, parents, grandparents, children, grandchildren, legal wards, and foster children of the owner or the owner's spouse.
(4) The term "duplex" for the purposes of this chapter shall mean a structure with two dwelling units located on the same parcel. A structure with two dwelling units, with each one on a different parcel, shall be considered the same as two single-family dwellings.
(5) The term "single-family dwelling" for the purposes of this chapter shall include a single-family structure and a condominium unit in a multiple dwelling.
(6) The term "registered with the Ohio Secretary of State" for the purposes of this chapter shall mean registration as required by Title XVII of the Ohio Revised Code of an entity in order to do business in the State of Ohio.
(b) No person shall occupy, and no owner, operator or resident agent shall permit a person to occupy, a rental unit, unless the Director of Building and Housing has issued a Certificate of Occupancy that applies to such unit, which certificate has not expired, been revoked or otherwise become null and void.
(c) Every owner, operator or resident agent of a single-family dwelling that is a rental unit, as defined in this section, shall obtain a Certificate of Occupancy no later than December 31 of the year immediately prior to the year for which the Certificate shall be applicable, or if such dwelling becomes a rental unit at any time during a calendar year after January 1, then within thirty days after the dwelling is occupied as a rental unit. Every owner, operator or resident agent of a single-family dwelling that has been a rental unit, as defined in this section, at any time within the previous twelve months, shall obtain a Certificate of Occupancy or shall submit an Exemption Form, no later than December 31 of the year immediately prior to the year for which the Certificate or Exemption shall be applicable. Once an Exemption Form is submitted and approved, no further submittals for a Certificate or Exemption shall be required unless the dwelling becomes a rental unit.
(d) Every owner, operator or resident agent of a two-family or duplex dwelling shall annually obtain a Certificate of Occupancy if one or more dwelling units in the dwelling is a rental unit, or shall annually submit an Exemption Form if no dwelling units in the dwelling are rental units, no later than December 31 of the year immediately prior to the year for which the Certificate or Exemption is applicable. If one or more units of a two-family or duplex becomes a rental unit at any time during a calendar year after January 1, then within thirty days after the unit shall become a rental unit, the owner, operator or resident agent shall submit an updated Application for a Certificate of Occupancy, or obtain a Certificate of Occupancy for a unit for which an Exemption Form had been or should have been submitted.
(e) Application for a Certificate of Occupancy or submission of an Exemption Form shall be on the form or forms supplied by the Director of Building and Housing, and shall include such information as the Director determines is necessary to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy or the intended use or occupancy. Such information shall include, but need not be limited to, the following, as applicable:
(1) The name, address and telephone number of the owner(s) of the property;
(2) The name, address and telephone number of the resident agent of the property if one is required by Section 1409.03(b);
(3) The address of the property and the number of rental units contained within the property;
(4) The current name, address, business and/or home telephone number, and social security number (optional) of the person(s) occupying the rental unit, and the address or other identification of the rental unit which they occupied;
(5) Whenever an address is required herein, a post office box number may not be provided as the sole address;
(6) The familial relationship, if any, among the persons listed in subsection (e)(4);
(7) In the case of an approved third-floor rental unit, a statement that no person who occupies the third-floor rental unit stores, cooks or otherwise prepares food in the third-floor rental unit or other common area; that such activities shall not be permitted; and that appliances or equipment which are used for such activities are not being provided or permitted on the premises;
(8) The name of the head of the household of each rental
unit;
(9) If any owner of the property is a business entity, domestic or foreign, using a name other than an individual's own personal name, the applicant must provide proof that such owner is registered with the Ohio Secretary of State; and
(10) Such other information as may be requested on a voluntary basis.
An application is considered submitted and complete only when all information required on the form is accurately, legibly and fully provided and when the fee required in this chapter is paid.
(f) The Director of Building and Housing shall issue a Certificate of Occupancy for a rental unit or units if found to be in compliance or substantial compliance with the provisions of the Housing Code and all other laws, ordinances, rules and regulations applicable thereto. The Certificate of Occupancy shall not be valid beyond December 31 of the calendar year in which it was issued.
(g) The Director of Building and Housing may deny an application for a Certificate of Occupancy or revoke a Certificate of Occupancy if any false statement is made by the applicant in connection with the issuance of such Certificate, if the owner, agent or person in charge of a structure fails to comply with any applicable provisions of the Housing, Fire, Health, Zoning, or Building Codes, or if there have been three or more criminal activities, as defined in Section 109.01 of the Codified Ordinances, related to the same dwelling unit during the previous twelve months.
(h) Every application for an annual Certificate of Occupancy submitted on or before February 1 of the year for which the Certificate of Occupancy is required, or within thirty days after the dwelling unit becomes a rental unit, shall be accompanied by a nonrefundable fee as follows:
(1) For a single-family rental: two hundred dollars ($200.00);
(2) For a condominium rental: one hundred dollars ($100.00);
(3) For a two-family rental: one hundred dollars ($100.00) per rental unit;
(i) The fee for an application for a Certificate of Occupancy submitted after February 1 of the year for which the application is made, or more than thirty days after a unit becomes a rental unit, shall be as follows:
(1) For a single-family rental: four hundred dollars ($400.00);
(2) For a condominium rental: two hundred dollars ($200.00) per unit;
(3) For a two-family rental: two hundred dollars ($200.00) per rental unit.
(j) There shall be no fee for submission of an Exemption Form if submitted by February 1 of the year for which the Exemption is applicable. The fee for submission of an Exemption Form submitted after February 1 shall be two hundred dollars ($200) per dwelling structure.
(k) If no application for a Certificate of Occupancy or Exemption Form is submitted when required by this Chapter, the Director shall charge the owner or operator the fee set forth in subsection (i) of this Section.
(l) The City shall reinstate a Certificate of Occupancy that has been revoked when the owner, operator or agent has done all of the following:
(1) Submitted a new application for a Certificate, complied with all requirements to obtain a Certificate, and paid the appropriate application fee;
(2) Paid the reinstatement fee, which shall be one hundred dollars ($100.00), in addition to the appropriate application fee; and
(3) Successfully completed any procedure required by the Director, under the rules and regulations of the Department of Building and Housing established as permitted in this chapter, by which the owner has demonstrated that the property has been brought into substantial compliance with the City Codes that were the basis of the revocation or, if the property had been declared a public nuisance under Chapter 109, that sufficient action has been taken, as determined by the Chief of Police, to prevent future criminal activity nuisances from occurring at the property.
(Ord. 17-92. Enacted 11-13-17.)