(a) The owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building shall maintain the vacant building as follows:
(1) Grass and weeds shall be kept at a maximum height of six inches. Shrubbery must be kept trimmed and kept from encroaching or touching the building.
(2) All building exteriors shall have adequate weather protection, including paint, siding, and/or similar finishes in good condition.
(3) All buildings and grounds must be secured against trespass and rodents. This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition. No boards, plywood or similar means or materials may be used to secure windows and doors. Doors, and/or windows that are deemed nonsecure shall be secured by their replacement with similar, new doors or window units equipped with locking hardware.
(4) Roofs on all buildings shall be in good, weather-tight condition with no leakage.
(5) Any accumulated trash or debris must be removed from the property immediately.
(6) Graffiti, tagging or similar markings must be immediately removed or painted over with an exterior grade paint that matches the exterior color of the structure.
(7) Pools and spas shall be drained and kept dry. Properties with pools and spas must comply with the minimum securing fencing requirements of the City.
(8) The gas utility shall be shut off and the building appropriately winterized to ensure proper maintenance and preservation during inclement weather.
(9) Adherence to this section does not relieve the owner or agent in control of the property of any obligations set forth in any covenants, conditions, restrictions, homeowners' association rules and regulations and/or codified ordinances or building codes which may apply to the property.
(b) Registration Required.
(1) The owner, agent, lessee, or party in control of any vacant building, or a mortgagee that has filed a foreclosure action that is currently pending regarding any vacant building shall register the building with the Building Inspector, and maintain the registration up-to-date. Such registration shall occur not later than 90 days after any building becomes a vacant building or not later than 30 days of being notified by the Building Department of the requirement to register based on evidence of vacancy, whichever event shall first occur.
(2) An application for registration of a vacant building shall include all of the following information on forms provided by the City:
A. The name of the owner, agent, lessee, or party in control of the property and/or foreclosing entity submitting the registration application;
B. The direct mailing address of the applicant; P.O. boxes are not an acceptable address;
C. A contact name, telephone number and email address for the applicant;
D. In the case of an application whose home or business is located outside Lake County, the applicant shall provide the name and mailing address of a local property management company as well as the contact name, telephone number and email address of the person responsible for the security, maintenance, and marketing of the property;
E. The fee required by this section;
F. A vacant building plan as described in subsection (c) of this section.
(3) Registration shall remain valid for 12 months from the date of issuance. The owner, agent, lessee, or party in control, or mortgagee in foreclosure, shall renew the registration upon expiration for as long as the property remains vacant.
(4) The owner, agent, lessee, party in control or mortgagee in foreclosure of any vacant building, shall inspect the property at least one time each month on the interior and exterior of the property to verify that the requirements of this section, the Codified Ordinances of the City, and any other applicable laws are being met. A written report of such inspections shall be provided to the City upon request.
(5) Fees: The annual fee for registering a vacant building shall be as follows:
A. One hundred fifty dollars ($150.00) for the first year any residential building remains vacant. For every consecutive year thereafter that the residential building remains vacant, the annual fee will be increased at fifty dollars ($50.00) more than the immediately previous year's annual fee amount but only to a maximum annual fee amount total of two hundred fifty dollars ($250.00) for the third year and for all consecutive, subsequent years of vacancy.
B. Three hundred dollars ($300.00) for the first year any business building remains vacant. For every consecutive year thereafter that the business building remains vacant, the annual fee shall be increased at one hundred dollars ($100.00) more than the immediately preceding year's annual fee amount, but only to a maximum annual fee amount of six hundred dollars ($600.00), for the fourth year and all consecutive, subsequent years of vacancy.
(6) The failure of the owner, agent, lessee, or party in control of any vacant building, or a mortgagee that has filed a foreclosure action that is currently pending regarding any vacant building, to maintain the vacant building in accordance with this chapter and any applicable zoning, housing, or building codes of the City shall be grounds for revocation of the approved registration and plan required by this chapter.
(c) Vacant building plan. The owner shall submit a Vacant Building Plan, which must meet the approval of the Building Inspector. The plan, at a minimum, must contain information from one of the following three choices:
(1) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition which includes starting within 30 days of acceptance of the proposed demolition time line does not exceed 60 days in accordance with the Ohio Building Code; or
(2) If the building is to remain vacant, a plan for ensuring the building is secured in accordance with these Codified Ordinances, along with the procedure that will be used to maintain the property, a statement of the reasons why the building will be left vacant (e.g., the building is for sale, etc.); or
(3) If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the building and grounds. The rehabilitation plan shall not exceed 12 months from the time any and all necessary permits are obtained, unless the Building Inspector grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, or building codes, and a property must be secured during the rehabilitation.
(d) Exemptions. Waivers exempting compliance with the provisions of this chapter can be obtained in writing on a form provided by the City under the following circumstances as long as the property is kept in safe, secure, and habitable condition in the owner's absence:
(1) Fire-damaged buildings: as long as clean up, repair or demolition is initiated within 90 days from the date of the fire.
(2) Extended vacationers or temporary change in living arrangements: A resident on an extended vacation or in an alternative temporary living arrangement, with the intention of re-occupying the property.
(3) A City owner-occupant who has moved and is actively attempting to sell his or her vacant home, provided that a fully completed application of inspection has been filed with the Building Department.
(4) Estate of a deceased City homeowner which is actively attempting to sell the vacant home.
(5) A building under active construction/renovation and having a valid building permit at the time of initial inspection shall be exempt from registration until the expiration of the longest running, currently active building permit.
(6) A business building that is either for rent or for sale and listed with a licensed State of Ohio realtor shall be exempt from registration for a period of 12 months from the start of vacancy, provided that the owner in offering a business building for sale submits proof to the Building Department of such listing and for sale status and that a fully completed application of inspection has been filed with the Building Department.
(Ord. 2014-27. Passed 6-3-14.)