546.11 RESPONSIBILITIES OF OWNERS AND OPERATORS OF RENTAL UNITS.
(a) Obligations of the Owner of a Rental Unit. The owner of the rental unit shall (1) maintain the interior, exterior property areas, and exterior structure in accordance with this code, (2) keep the interior, exterior property areas and exterior structure in good repair, (3) keep all common areas in a clean and sanitary condition, (4) provide all utilities, facilities, equipment and services required by this code, (5) provide for the extermination of insects in an acceptable means not injurious to human health, (6) provide solid waste disposal facilities or containers for all dwelling units, and (7) comply with all regulations and rules designated by the Code Official or his or her designee to enforce and interpret this section.
(b) Code Official. The Code Official or his or her designee is charged with the enforcement of this section including but not limited to, conducting inspections and issuing notices, orders and penalties.
(c) Rental License Requirement. Any person, corporation, business entity or owner of property seeking to rent or let a rental unit shall first obtain a valid rental license for said unit.
Exception: Owners or operators of public housing or rental units subject to annual inspections pursuant to federal regulations are not required to obtain a rental license.
(d) Applying for a Rental License. To apply for a rental license, the owner of the property must:
(1) Complete a Rental License Application Form, and
(2) Pay a nonrefundable fee of $40.00 for a single rental unit, or $40.00 for the first rental unit and $25.00 for each additional rental unit for properties containing multiple units.
(e) Provisional Rental License. Upon applying for a rental license, the Code Official or his or her designee shall issue a provision rental license. The provision license will remain valid for a period of up to one year, unless earlier revoked as provided for herein, or replaced by a rental license. A provisional license will allow for occupancy until the property is inspected by the Code Official or his or her designee.
(f) Inspection. Within 30 days of the receipt of a rental application and required fee, the Code Official or his or her designee will attempt to schedule an inspection of the rental unit. If the owner and occupant, if applicable, consent to the inspection, the owner shall make the property available for inspection at a time agreeable to the owner and Code Official. If the owner and/or occupant, if applicable, refuse to allow an inspection of the property, the Code Official or his or her designee shall seek to secure an administrative warrant.
If after inspection, the Code Official or his or her designee determines that the rental unit is in compliance with this code, the Code Official shall issue an authorized rental license for the rental unit. Such license shall be valid for one year from the date of issuance unless a change or alteration of the premises shall alter the authorized occupancy.
If after inspection, the Code Official or his or her designee determines that the rental unit is not in compliance with this code, the Code Official shall notify the titled owner that the rental unit does not comply with the requirements of this section, set forth the violations, and order that the violations be corrected within thirty (30) days. This notice shall be sent via regular U.S. mail to the address the owner provided on his or her application. Upon the expiration of the thirty (30) days, the Code Official or his or her designee shall schedule a re-inspection of the rental unit. A fee of $40.00 shall be imposed for this re-inspection.
Should an owner schedule an appointment with the Code Official or his or her designee and seek to cancel said appointment, but fail to do so by 8:00 a.m. the day of the inspection, the Code Official shall impose a penalty of $25.00 against the owner. If this occurs a second time, the Code Official shall impose a fine of $100.00 against the owner.
(g) Violation. No person, corporation, business entity or owner of property shall rent or let a rental unit unless he or she has first obtained a valid rental or provisional rental license from the Code Official for said unit. The occupation of a premises by a person other than the titled owner coupled with the fact that the owner lists a different address as his or her own in the records of the Office of the Mahoning County Auditor shall be prima facie evidence that the premises is a rental unit being rented or let.
(h) Penalties. Any person, corporation, business entity or owner of property who violates this section shall be subject to a penalty of $100.00 for each week an unlicensed rental unit is being rented or let. In addition, any violator of any provision of this section is subject to the penalties set forth in Section 546.98. (Ord. 16-119. Passed 4-6-16.)