(a) The owner of any building that has become vacant shall, within thirty days after the building becomes vacant, or within thirty days after the effective date of this chapter, whichever is later, file a registration statement for each such building with the Building Department on forms provided by the Building Department for such purposes pursuant to Section 1352.03. The registration shall remain valid for one year from the date of registration. The owner shall be required to annually renew the registration as long as the building remains vacant and shall pay an annual registration fee of one hundred dollars ($100.00) for each registered building; provided, however, that all eleemosynary, religious, educational, benevolent or charitable associations and all governmental agencies shall be exempt from the payment of the annual registration fee. The owner shall notify the Building Department, within twenty days, of any change in the registration information by filing an amended registration statement on a form provided by the Building Department for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the City against the owner or owners of the building. No such vacant building registration is required if a valid Rental Registration is on file with the Building Department.
(b) In addition to other information required by the Building Commissioner, the registration statement shall include an affidavit of property owner and authority for the property owner and agent (if any), the name, street address and telephone number of a natural person twenty-one (21) years of age or older, designated by the owner or owners as the authorized agent for 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. This person must maintain an office in Cuyahoga County, Ohio, or must actually reside within Cuyahoga County, Ohio. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this subsection the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent's designation for the purposes of this subsection until the owner notifies the Building Department of a change of authorized agent or until the owner files a new annual registration statement. Any owner who fails to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
(c) The owner of any building that has become vacant, and any person maintaining, operating or collecting rent for any building that has become vacant shall, within thirty days, do the following:
(1) Enclose and secure the building;
(2) Post a sign affixed to the building indicating the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer; and
(3) Maintain the building in a secure and closed condition and maintain the sign until the building is again occupied or until repair or completion of the building has been undertaken.
(d) The owner of any building that has become vacant shall, within thirty days, acquire or otherwise maintain liability insurance, in an amount of not less than three hundred thousand dollars ($300,000.00) for buildings designed primarily for use as residential units and not less than one million dollars ($1,000,000.00) for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired after the building has become vacant shall provide for written notice to the Building Commissioner within thirty days of any lapse, cancellation or change in coverage. The owner and the owner's authorized agent for service of process shall provide evidence of the insurance, upon request, to the Building Commissioner or his or her designee.
(e) The Building Commissioner may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Every day that a violation continues shall constitute a separate and distinct offense.
(f) For purposes of this section, "vacant" means a building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floor to the occupied space, the condition and value of any items in the building and the presence of rental or for sale signs on the property; provided that a residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property; and further provided that multi-family residential property containing five or more dwelling units shall be considered vacant when substantially all of the dwelling units are unoccupied.
(Ord. 2023-048. Passed 4-18-23.)