(a) Definitions. As used in this section:
(1) "Owner" means any person, in whose name the property is titled, and any person, agent, servicing company, firm, third party, financial institution or bank that has an interest in the property as a result of an assignment, sale, mortgage, transfer of a mortgage, or similar instrument or having an agreement with any one of the above for the purpose of securing and/or managing the property.
(2) "Secured by other than normal means" means a building secured by means other than those used in the design of the building.
(3) "Unoccupied" means a building, or any portion of a building, which is not being used for the occupancy authorized by the owner.
(4) "Unsecured" means a building, or any portion of a building, which is open to entry by unauthorized persons without the use of tools or ladders.
(5) "Vacant building" means a building (excluding government-owned buildings) which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by other than normal means; or
C. Unoccupied and an unsafe building as determined by the Community Development Department; or
D. Unoccupied and having utilities disconnected; or
E. Unoccupied and having housing or building code violations; or
F. Illegally occupied, which shall include loitering and vagrancy; or
G. Unoccupied for a period of time over 90 days and having an existing code violation issued by the Code Enforcement Officer; or
H. Unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); or
I. Unoccupied and abandoned by the property owner.
(6) "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe the building is vacant. Such conditions include, but are not limited to: significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail,
accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, auto parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by Village employee(s) that the building is vacant.
(b) Purpose. The purpose of this section is to establish a program for identifying and registering vacant residential and commercial buildings, to determine the responsibilities of owners of vacant buildings, to speed the rehabilitation of vacant buildings, and to shift the cost burden from the general Village residents to the owners of vacant buildings.
(Ord. 22-2018. Passed 9-10-18.)
(c) Vacant Building Registration.
(1) The owner shall register with the Code Enforcement Officer not later than 90 days after any building located in an area zoned for, or abutting an area zoned for, residential or commercial use in the Village becomes a vacant building or not later than 30 days of being notified by the Code Enforcement Officer of the requirement to register based on evidence of vacancy, whichever event occurs first. For the purposes of this registration, the Owner must register separately each part and/or address of building which is unoccupied and/or unsecured, and this registration must be made annually thereafter if the vacant building status continues. The registration shall be accompanied by the applicable vacant building fee.
(Ord. 08-2019. Passed 5-13-19.)
(2) The registration shall be submitted on forms provided by the Code Enforcement Officer and shall include the following information supplied by the owner:
A. The name and address of the owner;
B. If the owner does not reside in Delaware County, Ohio or within twenty miles of Village limits, the name and address of any third party who the owner has entered into a contract or agreement for property management. By designating an authorized agent under the provisions of this section, the owner is consenting that the third party is authorized to receive any and all notices relating to the property and conformance to all requirements under this chapter;
C. The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
D. A telephone number where a responsible party can be reached at all times during business and non-business hours; and
E. A vacant building plan as described in division (3) below.
(3) The owner shall submit a vacant building plan which must meet the approval of the Code Enforcement Officer. The plan, at a minimum, must contain information from one of the following three choices:
A. If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within 30 days of acceptance of the proposed demolition timeline and does not exceed one year in accordance with the Ohio Building Code; or
B. If the building is to remain vacant, a plan for ensuring the building is secured along with the procedure that will be used to maintain the property, and a statement of the reasons why the building will be left vacant (e.g., building is for sale, etc.); or
C. If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds. The rehabilitation plan shall not exceed 12 months from the time the owner obtains permits, unless the Code Enforcement Officer grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation, or building codes and the property must be secured during the rehabilitation.
(4) All applicable laws and codes shall be complied with by the owner. The owner shall notify the Code Enforcement Officer of any changes in information of their vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revision(s) must be in writing and must be approved in writing by the Code Enforcement Officer.
(5) The owner and subsequent owner shall keep the building secured and safe and the building and grounds properly maintained in accordance with all applicable property maintenance codes.
(6) Any new owner shall register or re-register the vacant building with the Code Enforcement Officer within 30 days of any transfer of an ownership interest in the vacant building if the building continues to remain vacant after transfer. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and are approved by the Code Enforcement Officer.
(7) The failure of the owner of the vacant building to obtain a deed for the property or to file the deed with the County Recorder shall not excuse the property owner from registering the vacant building under this section.
(8) The registration process under this section must be completed annually for every vacant building for as long as the building remains vacant.
(d) Escrow. Each demolition of a vacant building requires that the owner hold in escrow with the Village a deposit of ten thousand dollars ($10,000) for a residential building and seventy-five thousand dollars ($75,000) for a commercial building. If the amount to be set up in escrow cannot be paid in full, the Village will place a lien on the property for the amount previously specified. The Village will use these funds to demolish the building/dwelling if it is not completed by the property owner. Escrow funds will be released upon completion of the work or transfer of ownership, provided that all fees have been paid in full. New owners must sign a form accepting responsibility for completing the demolition.
(e) Inspections. The Code Enforcement Officer shall inspect any premises in the Village for the purpose of enforcing and assuring compliance with the provisions of this section. Upon the request of the Code Enforcement Officer, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Code Enforcement Officer in order to enable such inspection. The Code Enforcement Officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises. The following shall apply:
(1) Vacant properties will be externally inspected by the Code Enforcement Officer a minimum of twice per year to ensure compliance with property maintenance codes;
(2) Vacant properties will be both internally and externally inspected at the start of each registration period (new and renewal) and when the registration is terminated by the property owner;
(3) Vacant properties will be both internally and externally inspected upon acquisition of the property by a new owner;
(4) The timing and frequency of inspections in addition to those listed under this section shall be conducted at the sole discretion of the Code Enforcement Officer.
(f) Vacant Building Fees. The fees established herein shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs incurred by the Village in monitoring the vacant building site. The annually increased fee amounts shall be reasonably related to the costs incurred by the Village for demolition and hazard abatement of or repairs to vacant buildings, as well as the continued normal administrative costs stated above.
(Ord. 22-2018. Passed 9-10-18.)
(1) The owner of a vacant residential building shall pay a fee of two hundred dollars ($200.00) for each residential unit with the building which is unoccupied and/or unsecured for the first year. For every consecutive year that the building remains vacant thereafter, the fee for each residential unit that is vacant will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of three thousand two hundred dollars ($3,200.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(2) The owner of a vacant commercial building shall pay a fee of four hundred dollars ($400.00) for each part and/or address of building which is unoccupied and/or unsecured, for the first year. For every consecutive year that the building is vacant, the fee for each part and/or address of building which is unoccupied and/or unsecured will be assessed at double the previous year's fee for a maximum annual fee equaling the five-year fee of six thousand four hundred dollars ($6,400.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(Ord. 08-2019. Passed 5-13-19.)
(3) The first annual fee shall be paid at the time the building is registered. If the fee is not paid, the owner shall be subject to late fees assessed under this section and applicable penalties under this chapter.
(4) The fee shall be paid in full prior to the issuance of any building permits unless the property is granted an exemption by the Code Enforcement Officer. The fee shall be prorated and a refund may be issued if the building is no longer deemed vacant under the provisions of this section within 180 days of its registration.
(5) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant building. A lien may be placed on the property to collect delinquent fees.
(6) Late fees shall be paid in addition to the annual registration fee and shall be equal to one-fourth of the applicable annual fee amount.
(g) Exemptions.
(1) A building under active construction/renovation and having a valid building permit(s) shall be exempt from registration until the expiration of the longest running, currently active building permit.
(2) A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Officer. This request shall include the name and address of the owner, and a statement of intent to repair and reoccupy the building in an expedient manner or intent to demolish the building.
(3) A building that is for sale and listed with a licensed State of Ohio realtor shall be exempted for a period of 7 months from the start of vacancy, provided that the owner submits proof to the Code Enforcement Officer of such listing and "for sale" status.
(4) Any owner of a vacant building may request an exemption from the provisions of this section by filing a written application with the Code Enforcement Officer who shall timely consider same. In determining whether a request for exemption should be granted, the Code Enforcement Officer shall consider the following: the applicant's prior record as it pertains to any violations of the Village's Building Code; the amount of vacant property the applicant currently has within the Village; and the length of time that the building for which the exemption is sought has been vacant.
(h) Appeals. Any owner who is served a notice requiring vacant property registration may, within 10 calendar days of receipt of such notice, apply for an exemption under this section or appeal the findings of the Code Enforcement Officer as set forth under Section 1307.11.
(Ord. 22-2018. Passed 9-10-18.)