(a) Liability.
(1) Unless otherwise specifically provided, the owner, the owner's agent for the purpose of managing, controlling or collecting rents, and any other person managing or controlling a structure or premises in any part of which there is a violation of the provisions of this Chapter, shall be liable for any violation therein, existing or occurring, or which may have existed or occurred, at or during any time when such person is was the person owning or managing, controlling, or acting as an agent in regard to said structure or premises and is subject to injunctions, abatement orders or other remedial orders.
(2) The liabilities and obligations hereunder imposed on an owner shall attach to a trustee under a land trust holding title to such building, structure or premises without the right of possession, management or control, unless said trustee in a proceeding under said provisions of this Chapter discloses in a verified pleading or in an affidavit filed with the court, the name and last known address of each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling or collecting rents, as the same may appear on the records of the trust.
(3) The liabilities and obligations imposed on an owner shall attach to any financial institution, mortgage company, or any other person or entity with or without an interest in the structure or premises knowingly takes any action in any judicial or administrative proceeding that is intended to delay issuance or enforcement of any remedy for any violation of the Codified Ordinances for the City of Warren, provided that with respect to fines such person shall be liable only for fines which accrue on or after the date of such action and further provided that no liability shall be imposed under this section for any action taken in any proceeding, including a proceeding to foreclose on a lien, that does not delay or prevent the prosecution of any action brought by the City of Warren to enforce the adopted Codes.
(4) In the event the City of Warren, due to lack of response of an owner or agent, is required to take action, through its own efforts or via a contract for such services, to abate a nuisance at a vacant property, the owner will be billed for the cost of the abatement to include all labor and materials needed to correct the violation, in accordance with Section 1337.53
(ABANDONED STRUCTURES AND UNOCCUPIED LOTS). Nuisance abatements shall include, but are not be limited to, elimination of hazardous conditions, cutting of weeds and overgrowth, securing and/or boarding of a structure, trash cleanup and disposal and demolition.
(b) Appeals. Appeals shall be processed in accordance with Chapter 1311 of the Building Code of the Codified Ordinances of the City of Warren.
(c) Assignment of Registration Fees, Penalties, and Fines. Registration fees, penalties, and fines associated with and collected on behalf of vacant property registration shall be deposited in a specific account designated by the auditors office in the annual budget of the City of Warren and shall only be expended for the specific purposes set forth in this Chapter.
(d) Severability. If any section, subsection, clauses, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
(e) Savings Clause. The repeal or amendment herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending litigation or prosecution of any right established or occurring prior to the effective date of this ordinance, as amended.
(f) Publication. The Clerk for the City of Warren shall cause this section to be published in the manner required by law.
(g) Appropriation of Fees Collected. All fees collected shall be paid into the treasury of the City of Warren and shall in turn be certified by the Auditor and appropriated by City Council for the enforcement of this Chapter.
(Ord. 12738/17. Passed 9-13-17.)