(a) No person required to file a vacant residential building statement shall fail to file said statement or statements for each such vacant residential building(s) with the Director of the Department of Neighborhoods, on forms prescribed or approved by the Director of the Department of Neighborhoods or shall fail to pay a vacant residential building registration fee, except registrants of vacant residential buildings who have a current waiver of a vacant residential registration fee pursuant to provisions of Section 1767.03 of this chapter, at the time of the vacant residential building registration statement within the specified period of time and on a form prescribed in Section 1767.02 of this chapter.
(b) No person required to file a vacant residential building registration statement shall fail to provide the names, street address numbers, address and working telephone numbers of an authorized agent that meets all qualifications specified in Section 1767.02 of this chapter for the purpose of receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this Code.
(c) No person required to file a vacant residential building registration statement of any residential building that has become vacant, and any person maintaining, operating or collecting rent for any residential building that has become vacant shall fail, within 15 days, to do the following:
(1) Enclose and secure an open residential structure in accordance with any rules and regulations issued by the Director of the Department of Neighborhoods for the administration of Section 1767.05 of this chapter; and
(2) Maintain the building in a secure and closed condition in accordance with any rules and regulations issued by the Director of the Department of Neighborhoods for administration of Section 1767.05 of this chapter until the building is again occupied or until repair or completion of the building has been undertaken.
(d) No person required to file a vacant residential building registration statement shall knowingly provide incorrect information on the vacant residential building registration statement form, application for a waiver of a vacant residential building registration fee or renewal of waiver of a vacant residential building registration fee.
(e) No person required to file a vacant residential building registration statement of the vacant residential building shall fail to make payment of the initial vacant residential building registration fee at the time of the filing the vacant residential building registration statement, except owners of vacant residential buildings who have a current waiver of a vacant residential building registration fee pursuant to provisions of Section 1767.04 of this chapter, and by January 1 of each successive calendar year, in the amount prescribed in Section 1767.03.
(f) No person required to file a vacant residential building registration statement shall fail to notify the Director of the Department of Neighborhoods of vacant buildings, within 30 days of the occurrence of any change of the information on the previously filed vacant residential building registration statement or affidavit, by filing an amended vacant residential building registration statement or affidavit on a form prescribed or approved by the Director of the Department of Neighborhoods of buildings for such purposes.
(g) The owner of any vacant residential building who fails to file a vacant residential building registration statement for each such structure within the timeframes established by this Chapter or who fails to update a change in registration information within the timeframes established by this Chapter shall be subject to a fifty dollar ($50.00) per day administrative penalty per residential unit with a maximum penalty of one thousand dollars ($1,000) per residential unit.
(h) In addition to any other penalty and/or notice of liability provided for in Chapter 963, Chapter 1367, Chapter 1393, Chapter 1725, Chapter 1726 or Chapter 1763, the Director of the Department of Neighborhoods or his or her designee may issue a Notice of Liability to the owner of a vacant residential building who violates any required action as prescribed in this chapter. 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 thirty-day (30) period for the same violation at the same premises.
(1) The Notice of Liability provided for by this section shall be served upon the person required to file a vacant residential building registration statement or his or her authorized agent 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: the owner of the premises whose name is listed in the records of the Lucas County Auditor or, the Lucas County Recorder and/or whose name is listed on the vacant residential building registration statement is presumed, for purposes of this section, to be the person required to file a vacant residential building registration statement of said premises.
(i) Any person required to file a vacant residential building registration statement charged with a Notice of Liability may appeal said notice as provided by Section 1726.08. 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.
(j) Any person required to file a vacant residential building registration statement found liable pursuant to subsections 1767.07(a) through 1767.07(f) shall result in a civil fine of up to two hundred fifty dollars ($250.00). A second violation within two years shall result in a civil fine of up to five hundred dollars ($500.00). A third and any subsequent violation within two years shall result in a civil fine of up to one thousand dollars ($1,000.00). Nothing in this chapter prohibits the Board of Nuisance Abatement/a court to take testimony as to the financial condition of any person required to file a vacant residential building registration statement who appeals said notice or the amount of the Notice of Liability pursuant to provisions in T.M.C. Chapter 1726, in this TMC Chapter 1767, and the laws of the State of Ohio and to reduce the amount of the fine.
(k) 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. 138-15. Passed 3-31-15.)