(a) Findings, Purpose and Intent. By adopting this section, the City of University Heights acknowledges the overall general increase of rental properties and states that the U-1 and U-2 Districts have special features, characteristics, needs, issues, concerns and problems that are not prevalent in other zoning districts. The concerns include the safety and the tranquility of the residential neighborhood, both of which may be impaired by, among other things, the significant increase in parking of vehicles at one- and two-family dwellings, and the health and safety of residents renting homes with space limitations. It is with these concerns in mind that the City now adopts this section in an effort to help ensure safe living conditions and adequate parking areas, as well as to avoid overcrowding in the U-1 and U-2 zoning districts.
(b) Permit Required.
(1)
No owner, renter, tenant or regular occupant of any single-family or two-family dwelling in the U-1 and U-2 zoning districts shall rent, lease or regularly occupy any dwelling unit without first obtaining a rental permit from the City Division of Building, Engineering and Inspection and the Department of Housing and Community Development, except in the following circumstances:
A. Both of the following criteria are met:
1. The dwelling unit is occupied by one family as defined in Section 1240.10 or one "functional family equivalent," as such term is defined in Section 1280.10(e)(2) hereof: and the family or functional family equivalent is related by blood, marriage, domestic partnership or adoption to the owner of the dwelling unit; and
2. No monetary or in-kind consideration is exchanged between the owner and the subject family or functional family equivalent. For purposes of this section, in-kind consideration does not include child care, elder care, other caregiving among family members, housekeeping, landscaping, repairs or maintenance, household chores or services, and such other customary deeds or services among family members.
B. For purposes of this section, the term "domestic partnership" shall refer to a relationship between domestic partners.
C. For purposes of this section, the term "domestic partners" shall mean individuals who meet the following criteria:
1. They have a single dedicated relationship of at least 12 months;
2. They share the same permanent residence and the common necessities of life for at least 12 months;
3. They are not related by blood to a degree of closeness that would prohibit legal marriage in the State of Ohio;
4. They are at least 18 years of age;
5. They are mentally competent to consent to the domestic partnership;
6. Neither is currently married to another person under either statutory or common law, in another domestic partnership, civil union, or legally separated from someone else; and
7. They are financially interdependent on each other. In order to be considered financially interdependent on each other, at least three of the following interdependencies must be provable by supporting documentation: joint ownership of real estate property or joint tenancy on a residential lease; joint ownership of an automobile; joint bank account or credit account; a will, designating the domestic partner as the primary beneficiary; retirement plan or life insurance policy designating the domestic partner as the primary beneficiary; and/or durable power of attorney, signed to the effect that powers are granted to one another.
(2) A dwelling unit may be occupied by one family as defined in Section 1240.10 and/or 1472.14 (or related by blood, marriage, domestic partnership or adoption), or one functional family equivalent as defined in Section 1280.10(e)(2), or can be occupied by the number of unrelated persons that does not exceed the number of bedrooms located in the dwelling unit. For purposes of calculating the number of bedrooms in a dwelling unit, in order to be considered a bedroom, a room must meet the requirements set forth in Section 1280.10(c)(2)(D) hereof. For purposes of determining occupancy of a dwelling unit under this Section 1280.10, "occupancy" of a dwelling unit means the physical presence of a person in the dwelling unit overnight for at least 15 nights in a consecutive 30-day period.
(3) Any one- or two-family dwelling including those with a rentable third floor shall be required to obtain a rental permit.
A. One-family dwelling. Each third floor unit shall be limited to one tenant and have its own private bath complete with shower and/or tub, toilet, and sink. No culinary or cooking equipment shall be permitted within this area. (See Section 1472.30 for definition of "culinary facilities").
B. Two-family dwelling. Each third floor unit must meet all the requirements of a one-family third floor unit. In addition, the unit must have direct access to the outside without traversing through any other unit.
(c) Rental Permit Application.
(1)
The application for a rental permit shall contain the following information and any additional information the Building Commissioner or the Director of Housing and Community Development finds necessary:
A. The name and signature of the owner of the property, including the mailing address and the telephone number;
B. The name and phone numbers of the primary contact tenant.
C. The name of each tenant and, if under the age of 26, his or her permanent address.
D. Affirmation that the property is not delinquent on property taxes or is enrolled in a payment plan for delinquent property taxes.
E. The name and identity of a local authorized representative. For purposes of this section, the term "local authorized representative" shall mean a person or entity designated by the owner of property to manage the real property and rental units. The local authorized representative may be an owner or a third-party. The local authorized representative must maintain a home or business address in Cuyahoga County or a neighboring county. The local authorized representative shall be authorized to conduct all business related to rental property or rental units and shall be authorized to accept service of all notices regarding any action or proceeding.
F. If the property owner is a limited liability company, corporation, partnership, trust, or other entity or organization, the following information: (i) statutory agent; and (ii) a current Certificate of Good Standing with the State of Ohio or evidence of a current, valid registration with the Ohio Secretary of State to conduct business in Ohio.
G. Any application shall be accompanied with the fee provided for in division (f) of this section.
(2)
Upon filing an application for a rental permit, the Division of Building, Engineering and Inspection and Department of Housing and Community Development shall inspect the dwelling unit to determine the following, subject to the consent of the owner and/or occupant(s) of the dwelling unit and their respective rights set forth in Section 1280.10(c)(2)(G), and subject further to the limitations set forth on Section 1280.10(c)(2)(H):
A. That the dwelling unit is of adequate size and has an adequate number of sleeping rooms to accommodate the proposed number of tenants, renters or regular occupants, including the requirements under this Zoning Code and the Building Code that are applicable.
B. That one off-street parking space per tenant shall be provided.
C. That the dwelling unit shall not contain culinary facilities outside of the kitchen. (See Section 1472.30 for the definition of "culinary facilities".).
D.
That each unrelated tenant shall be provided with his or her own bedroom which shall be approved by the Building Commissioner and Director of Housing and Community Development. Bedrooms must (i) have a full bathroom directly attached or abut a hallway leading to a full bathroom on the same floor that is accessible without passing through another room; (ii) shall be a minimum of 80 square feet in area with no dimension being less than eight feet; (iii) shall contain a built-in closet; and (iv) shall have a minimum of two means of egress. For purposes of this section, a "full bathroom" shall mean a bathroom with a toilet, sink, shower and/or bathtub. Bedrooms in basements or otherwise below grade are prohibited.
E. That the dwelling unit satisfies the provisions of Part Fourteen - Building and Housing Code and Part Sixteen - Fire Prevention Code of the Codified Ordinances of the City.
F. That the owner/landlord acknowledges responsibility for all maintenance, both exterior and interior, adhering to all the adopted State and all local Codified Ordinances within the City and within the U-I and U-2 Districts of the City.
G. The owner or occupant(s) of a dwelling unit may refuse inspection of said dwelling unit. In the event that the owner or occupant(s) denies consent to the performance of an inspection hereunder, then the Housing and Community Development Director shall either promptly issue a rental permit hereunder or shall promptly procure an administrative search warrant as provided by law to gain entry to the dwelling unit to conduct a rental permit inspection thereof. In the event that the City files for an administrative search warrant for an inspection of the dwelling unit, if the search warrant is granted, the City shall conduct its inspection within the time periods set forth in the search warrant, but not later than ten business days following execution of the search warrant by a court of competent jurisdiction. In the event that the City's application for a search warrant is denied, the City shall promptly issue its rental permit. For purposes of this section, the term "business days" shall mean any day on which the City is open for the conducting of business, excluding Saturdays, Sundays and legal holidays.
H. Inspection of a dwelling unit hereunder shall be required on a bi-annual basis.
(3)
Upon filing an application for a rental permit, the Division of Building, Engineering and Inspection or Department of Housing and Community Development also shall inspect Cuyahoga County property tax records to ensure the owner/landlord is not delinquent in payment of property taxes for the subject property. In order for the applicant to be eligible for a rental registration permit, the applicant must be current in the payment of Cuyahoga County property taxes for the subject property or be enrolled in a payment plan for delinquent taxes for the subject property.
(d) Rental Permit Duration. A rental permit shall be valid for the property, for up to the number of occupants authorized in the permit for a one-year period from the date of inspection. Should the property ownership change, the rental permit is non-transferable and a new application must be applied for and all requirements must be met by the new owner(s). The owner or occupant is required to notify the Division of Building, Engineering and Inspection and the Department of Housing and Community Development whenever there is any change in tenants, renters or regular occupants, however, such a change(s) will not invalidate the rental permit, so long as timely notice (as set forth herein) is provided and the number of tenants, renters, or regular occupants permitted on the leased premises does not exceed the maximum tenancy allowed for the property.
(e) Appeal and Special Application for a Functional Family Equivalent.
(1) An owner or tenant of a single-family or two-family dwelling may make a written application to the Board of Zoning Appeals to allow occupancy by a number of unrelated persons that exceeds the number of bedrooms meeting the requirements of Section 1280.10(c)(2)(D), either as a functional family equivalent or otherwise. The applicant shall have the burden of proving a functional family equivalent by a preponderance of the evidence. In reviewing such an application, the Board of Zoning Appeals shall consider the criteria contained in subsection (e)(2) below. However, no provision of this section shall be applied in circumstances where the application of such provision would violate the fair housing rights of the disabled as defined by applicable federal, state or local law.
(2) A "functional family equivalent" shall mean a group of unrelated individuals living together and functioning together as a traditional family. A group of unrelated individuals that utilizes a dwelling unit as a day care center, fraternity house, sorority house, residential cooperative, commune, dormitory, rooming house (as defined in Section 1472.32), boarding house (as defined in Section 1472.32), halfway house, or a use equivalent to any of the foregoing, shall not qualify as a functional family equivalent. In determining whether or not a group of unrelated individuals constitutes a functional family equivalent for purposes of this ordinance, the Board of Zoning Appeals shall consider the following factors.
A. Whether the group shares the entire dwelling unit and lives and cooks together as a single housekeeping unit.
B. Whether the group shares expenses for food, rent or ownership costs, utilities and other household expenses.
C. Whether the group is permanent and stable. Evidence of such permanence and stability may include the following: (i) the presence of minor dependent children regularly residing in the household who are enrolled in local schools; (ii) members of the household have the same address for purpose of voter registration, driver's license, motor vehicle registration and filing of taxes; (iii) members of the household are employed in the area; (iv) the household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; (v) there is common ownership of furniture and appliances among the members of the household; and (vi) the group is not transient or temporary in nature.
D. Whether the group is a temporary living arrangement or a framework for transient living;
E. Whether the composition of the household changes from year to year or within a year;
F. Any other factors reasonably related to whether or not the group of persons is the functional family equivalent of a family.
(3) An applicant who has been denied a rental permit by a decision of the Board of Zoning Appeals may seek further administrative appeal to the Cuyahoga County Court of Common Pleas.
(f) Application Fee/Late Fee. An applicant for a rental permit shall pay an application fee in accordance with the following schedule of application fees.
Type of Dwelling | Application Fee |
Single-Family Dwelling | $150 |
Two-Family Dwelling (1 Unit Inspection) | $150 |
Two-Family Dwelling (2 Unit Inspection) | $200 |
3rd Floor Unit | $50 |
A late fee of $100/month per rental unit shall be assessed against the owner of any property for any month or portion thereof during which an owner fails to comply with the requirement of this section that a rental permit be issued for the rental of any dwelling unit. | |
(g) Revocation of Rental Permit; Notice to Show Cause. In addition to any other remedy or penalty otherwise provided in these Codified Ordinances, should the Building Commissioner or Director of Housing and Community Development have information or other reasonable cause to find that the holder of any rental permit or his or her tenants has been cited for failure to be in compliance in any respect with the conditions contained in this chapter or in Chapters 648
or 1442
on three different occasions within the duration of the rental permit, the Building Commissioner or the Director of Housing and Community Development shall issue, upon the holder thereof by residence service, a notice to show cause to the Building Commissioner or the Director of Housing and Community Development within five calendar days thereafter why said permit should not be revoked because of three or more violations. The Building Commissioner and/or the Director of Housing and Community Development may revoke said rental permit forthwith. Said permit holder may appeal said revocation to the Board of Zoning Appeals as otherwise provided in these Codified Ordinances. The form of said notice to show cause shall be on a form prepared by the Building Commissioner or Director of Housing and Community Development and approved as to form by the Law Department. In determining if a rental permit should be revoked, the Building Commissioner or the Director of Housing and Community Development may consider the following:
(1) Submission of inaccurate or misleading information to the Division of Building, Engineering and Inspection or Department of Housing and Community Development to secure a rental permit.
(2) Failure to notify the Division of Building, Engineering and Inspection or Department of Housing and Community Development within 30 days of any change of information supplied in the application for the rental permit.
(3) Failure to correct violations discovered during inspection within the time specified in a notice of violation or three violations of Chapter 1442 during the duration of the rental permit.
(4) Three violations of Section 648.17 during the duration of the rental permit.
(5) Chronic parking violations on or about the premises, including overnight parking on public street, blocking the public sidewalk and driving or parking on landscaped areas.
(6) Repeated complaints from adjacent residents that conditions exist which are detrimental to the peace and quality of the neighborhood. The Building Commissioner, Director of Housing and Community Development or Mayor/Safety Director shall use only such complaints that have been investigated and verified to be valid and based on fact.
(7) Evidence supplied by the permit holder that the nuisance property is being rented to tenants not involved in prior violations of Section 648.17.
(8) County tax rolls that demonstrate the owner/landlord is delinquent in the payment of property taxes or failed to complete a payment plan for delinquent taxes.
(9) Whether the citation(s) issued related to an incident of domestic violence and/or whether the revocation of the rental permit would cause hardship to a victim of domestic violence or result in a victim of domestic violence being displaced, it being the desire of the City not to create additional hardship or unnecessary risk to health and safety for any victim of domestic violence.
(h) Duty to Provide Accurate Information. The owner of a rental unit shall have a duty to provide accurate and up-to-date information relating to the rental registration application. A violation of this duty to provide accurate and up-to-date information shall be a violation of this section. An owner may face a citation hereunder for any of the following:
(1) Submission of inaccurate or misleading information to the Housing and Community Development Department to secure a rental permit.
(2) Failure to notify the Housing and Community Development Department within 30 days of any change of information supplied in the application for the rental permit, including, but not limited to, the names and permanent addresses of tenants.
(i) Nuisance. Failure or refusal to comply with the rental registration requirement of this section and/or failure to correct building and housing code violations cited in connection with rental inspection hereunder shall be prima facie evidence of unsafe or nuisance conditions in violation of Codified Ordinance Section 1442.01, and shall be a violation of this section.
(j) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2005-37. Passed 6-20-2005; Ord. 2005-60. Passed 10-17-2005; Ord. 2006-34. Passed 6-19-2006; Ord. 2007-25. Passed 6-4-2007; Ord. 2007-65. Passed 11-19-2007; Ord. 2009-12. Passed 3-2-2009; Ord. 2018-20. Passed 4-16-2018; Ord. 2018-28. Passed 5-7-2018; Ord. 2018-57. Passed 9-17-2018; Ord. 2021-11. Passed 4-19-2021; Ord. 2022-35. Passed 6-21-2022.)