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(a) The owner of the real estate to be inspected shall apply to the Commissioner of Building Inspection for the Certificate of Property Code Compliance (CPCC). The application shall indicate the name, business address and telephone number of the inspector who will inspect the residence for the owner. The inspector must be registered with the Commissioner of Building Inspection as provided by this Chapter.
A CPCC inspection shall include electrical, heating, and plumbing systems, as well as building structure (e.g., roof, gutters, siding, etc.) as it pertains to safety and habitability as defined in Title Three - Housing Code of Part 17 - Toledo Municipal Code - Health Code for 1-3 dwelling units and Chapter 1367 - Property Maintenance for four-family or larger dwelling units. Any CPCC inspection shall be on the form provided by the City of Toledo. The Commissioner of Building Inspection may, at his or her discretion, accept alternative inspection report forms. The CPCC Inspection shall be completed and filed with the Commissioner of Building Inspection within thirty (30) days of the date of application.
(b) The application for the CPCC shall provide for a ninety (90) day period to complete the repairs for any code violation or deficiency and file the inspection report with the Commissioner of Building Inspection. The ninety (90) day period may be expanded by one additional 90 day period by the Commissioner of Building Inspection.
(c) The CPCC shall be issued by the Commissioner of Building Inspection to the owner of the real estate interest for the subject real estate, not withstanding the number of units in the real estate, but only upon (1) proof of property code inspection, as provided herein (e.g. filing of inspection report) for each unit, and either (2) proof of property code compliance or (3) proof of property code correction of any code deficiency identified in the inspection report or cited by any City of Toledo inspector or sanitarian.
(d) The CPCC shall expire three (3) years after the date of issuance subject to an annual inspection to keep the certificate valid. However, the CPCC may be voided by the Commissioner of Building Inspection after an investigation and upon proof that the residential real estate has been fire damaged, vandalized, house-stripped or become structurally unsound or uninhabitable.
(e) Denial of the CPCC may be appealed to the Board of Nuisance Abatement/Housing Appeals pursuant to provisions in T.M.C. Chapter 1726.
(f) Accepted Inspection Reports - in addition to the CPCC Inspection reports authorized by this section, any inspection conducted by a certified inspector, or a "registered inspector" as defined herein may be accepted as complying with this Section, pursuant to determination by the Commissioner of Building Inspection.
(h) Code Deficiencies Due to Tenant Conduct - In those cases where the code deficiencies identified in the CPCC inspection are demonstrated, to the satisfaction of the Commissioner of Building Inspection or the Commissioner of Code Enforcement, to have been caused by a tenant, the owner shall cooperate with the Commissioner of Building Inspection or the Commissioner of Code Enforcement in his or her investigation of the matter, including providing information to assist in the identification of the tenant.
(Ord. 136-15. Passed 3-31-15.)
(a) Any person certified by the State of Ohio, O.B.O.A., or the Commissioner of Building Inspection to conduct the type of inspection required by the PCC inspection shall register with the Commissioner of Building Inspection, on the form provided, for a fee of twenty-five ($25.00) dollars annually.
(b) The Commissioner of Building Inspection shall determine minimum qualifications required for an inspector to be certified for each trade and to be registered pursuant to this Chapter. The Commissioner of Building Inspection is authorized to certify and register any person, deemed qualified, to conduct the PCC inspection.
(Ord. 136-15. Passed 3-31-15.)
(a) No person shall rent or convey any type of interest in a residential dwelling unit(s), found to be in violation of the Toledo Municipal Health and/or Housing Code and located in the City of Toledo without the dwelling unit(s) having been issued a Certificate of Property Code Compliance, pursuant to this section if required.
(b) No inspector registered pursuant to this Chapter to conduct a PCC inspection shall fail or refuse to file an inspection report within the time required pursuant to an application for a PCC inspector or pursuant to an order issued by the Commissioner of Building Inspection.
(c) In addition to any other penalty and/or notice of liability provided for in Chapter 963, Chapter 1393, Chapter 1725, Chapter 1726 or Chapter 1763, the Director of the Department of Economic and Business Development, the Director of the Department of Neighborhoods or his/her designee may issue a Notice of Liability to the owner of the premises who rents or conveys any type of interest in a residential dwelling unit(s), found to be in violation of the Toledo Health and/or Housing Code and located in the City of Toledo without the dwelling unit(s) having been issued a Certificate of Property Code Compliance, pursuant to this section, if required.
Said notice shall describe the location and nature of the violation, the time and date it was observed and the fine assessed to the owner. No notice of liability may be issued to an owner more than once during any seventy-two (72) hour period for the same violation at the same premises.
(1) The Notice of Liability provided for by this section shall be served upon the owner by United States mail return receipt requested or by personal service. In the event of failure of mail service on the basis that the return receipt is endorsed "unclaimed" or "refused", service shall be perfected by sending the notice to the address where certified mail was attempted by United States First Class postage.
(2) The following rebuttable presumption shall apply to violations of this section.
(A) The owner of the premises whose name is listed in the records of the Lucas County Auditor is presumed, for purposes of this section, to be the owner of said premises.
(3) Any owner charged with a Notice of Liability may appeal said notice as provided by Section 1726.04. The failure to file an appeal shall constitute a waiver of the right to contest the Notice and shall constitute an admission of the Notice of Liability.
(d) Any owner found liable pursuant to Section 1763.05(a) shall be fined two hundred fifty dollars ($250.00). A second violation within two years by an owner shall result in a fine of five hundred dollars ($500.00). A third and any subsequent violation by an owner within two years shall result in a fine of one thousand dollars ($1,000.00).
(e) Any owner found liable of a violation of Section 963.25 shall be fined $500.00.
(f) Payment of any fine authorized under this code section may be enforced by means of a civil action or any other method provided for by the Ohio Revised Code or the Toledo Municipal Code.
(Ord. 136-15. Passed 3-31-15.)
(a) Nothing in this Chapter shall be construed as preventing the Division of Building Inspection or the Division of Code Enforcement from conducting a program of systematic inspections of dwelling unit(s) as authorized by Toledo Municipal Code Section 1743.02. Any code deficiencies found during such systematic inspections shall be remedied in accordance with the provisions of this Chapter and all procedures contained in this Chapter, including the payment of fees, shall apply to such systematic inspections.
(b) When a complaint or a systematic inspection is performed on a building with multiple dwelling units, the Commissioner of Building Inspection or the Commissioner of Code Enforcement shall use his or her discretion as to whether additional dwelling unit(s) in the building are to be inspected pursuant to this Regulation.
(Ord. 136-15. Passed 3-31-15.)
(a) Whoever violates Section 1763.05 shall be guilty of a misdemeanor of the third degree on the first offense, a misdemeanor of the second degree for a second subsequent offense or a misdemeanor of the first degree for a third subsequent offense.
(b) All fines for citations and non-compliance fees issued in accordance with Chapter 1763, shall be deposited in the Nuisance Abatement Trust Fund 90/1610/T31306, which fines and fees shall be used by the Department of Neighborhoods for purposes not inconsistent with this chapter, with the exception of court costs which will be deposited as required by law.
(Ord. 136-15. Passed 3-31-15.)