(a) No vendor shall convey any interest in a residential property through land installment contract unless a Certificate of Property Code Compliance or Temporary Certificate of Property Code Compliance has been issued, pursuant to this section.
(b) No vendor shall fail to deliver to the vendee a copy of the current Certificate of Property Code Compliance or Temporary Certificate of Property Code Compliance prior to the execution of the land installment contract.
(c) No vendor shall fail to record, as provided in R.C. 5301.25, the land installment with the county recorder and deliver a copy to the county auditor within twenty days of the execution of a land installment contract.
(d) In a conveyance of any interest of a residential property through land installment contract sale, no vendor shall knowingly require a vendee, as a condition of the sale, to sign a "quit claim" deed, deeding the property in question to the vendor in the event of a default by the vendee.
(e) No inspector registered pursuant to this Chapter to conduct a Certificate of Property Code Compliance Inspection shall fail or refuse to file an inspection report within the time required pursuant to an application for a Registered Inspector or pursuant to an order issued by the Commissioner of Building Inspection.
(f) 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 vendor of the residential property who conveys any interest in a residential property through land installment contract, 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, Temporary Certificate of Property Code Compliance or fails to comply with Section 1765.02 through Section 1765.06, 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 certified United States mail return receipt requested or by personal service. In the event of failure of certified 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.
(g) Any vendor of the residential property who conveys any interest in a residential property through land installment contract and is 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, Temporary Certificate of Property Code Compliance or fails to comply with Section 1765.02 through Section 1765.06, pursuant to this section, 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).
(h) Any owner found liable of a violation of Section 963.25 shall be fined $500.00.
(i) 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. 137-15. Passed 3-31-15.)