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(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.)