546.13 VACANT PROPERTY REGISTRY.

   (a)    Adoption; Purpose. The purpose of this Section is to establish a vacant property registration program and to regulate the maintenance of properties which are in the foreclosure process, abandoned or vacant. This Section is intended to reduce and prevent neighborhood blight, to avoid the creation and maintenance of public nuisances, to ameliorate conditions that threaten the public health, safety and welfare, to promote neighborhood stability and occupancy by preserving the condition and appearance of residential properties and the worth and activity of commercial and industrial properties, and to maintain property values and assessments.

   (b)    Applicability. This Section shall be applicable to all residential, commercial and industrial structures located within the City of Youngstown, but does not apply to County Land Reutilization Corporations organized under Chapter 1724 of the Ohio Revised Code.

   (c)    Registration. The owner of any structure that is or has become vacant as defined in Section 546.02(e)(44) of this Code shall, within thirty (30) days after the structure becomes vacant file a registration statement for each such structure with the Code Official or his or her designee on forms provided for such purposes and pay an annual registration fee.

      (1)    Registration Fee. The annual registration fee shall be one hundred dollars ($100.00) for each residential structure and two hundred and fifty dollars ($250.00) for each commercial or industrial structure; provided, however, that all religious, educational, and charitable associations, and all governmental agencies shall be exempt from the payment of the annual registration fee. The registering party shall not be entitled to a refund of any part of the registration fee should the structure no longer be deemed vacant during the annual registration period.

      (2)    Registration Statement. 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 of the structure.

      (3)    Annual Registration Requirement. The registration statement shall remain valid for one year from the date of registration. The registering party shall be required to annually renew the registration so long as the structure remains vacant.

      (4)    Authorized Agent. In addition to other information required by the Code Official, the registration shall include the name, street address and telephone number of a natural person twenty-one years of age or older, designated by the owner as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement action on behalf of such owner in connection with the enforcement of this code. This person must maintain an office in Mahoning 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 or herself as the 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 structure and all process in any court proceeding or administrative enforcement action brought to enforce provisions of this code concerning the registered structure by service 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 until the owner notifies the Code Official or his or her designee in writing of a change of authorized agent, or until the owner files a new registration statement.

Any owner who fails to register a vacant structure under the provisions of this subsection shall further be deemed to consent to receive, by posting at the structure, any and all notices of code violations and all process in an administrative action brought to enforce any provision of this code.

      (5)    Duty to Update Registration Information. The owner shall notify the Code Official or his or her designee within twenty (20) days of any change in the registration information by filing an amended registration statement on a form provided for such purposes.

      (6)    Liability. An owner shall be liable under this section for failing to register an authorized agent, failing to register a vacant structure, failing to pay the appropriate annual registration fee, or failing to timely update any change in registration. (Ord. 16-226. Passed 7-13-16.)

   (d)    Foreclosure Bond Registry. Any owner of a property which files a foreclosure action against such property, or for which a foreclosure action is pending, or a judgment of foreclosure has been issued shall, in addition to all other requirements of this Section, provide a cash bond to the Deputy Director of Public Works or his or her designee, in the sum of ten thousand dollars ($10,000.00), to secure the continued maintenance of the property throughout its vacancy and remunerate the City for any fees owed and expenses incurred in inspecting, securing, repairing and/ or making such building safe by any legal means including, but not limited to, demolition. An administrative fee of $100.00 per quarter will be deducted from the bond by the City for administrative expenses including, but not limited to, the processing, accounting and other related functions inherent in the administration of the foreclosure bond. "Quarter" as used in this section refers to calendar quarters, i.e.-January 1- March 31, April 1- June 30, July 1- September 30 and October 1-December 31. The fee will be deducted if the bond is in the possession of the City for the entire quarter, or any portion thereof. This fee is in addition to all other allowable expenses charged off against the bond. (Ord. 17-245. Passed 6-21-17.)

   (e)    Nuisance Abatement. In the event the City of Youngstown or one of its contractors, due to a lack of response of an owner or agent, is required to take action to abate a nuisance at a vacant property, the owner will be billed for the cost of abatement in accordance with Section 546.99, or if the property is subject to a foreclosure bond, the bond will be drawn upon to cover such costs.

   (f)    Penalty. Any owner who fails to comply with any provision of this Section shall be subject to a fifty dollar ($50.00) per day administrative penalty with a maximum penalty of one thousand dollars ($1,000.00) or shall be guilty of a third degree misdemeanor and shall be fined not more than $500.00 or imprisoned more than 60 days or both.

   (g)    Appropriation of Fees Collected. All monies collected pursuant hereto shall be used for the enforcement of the Property Maintenance Code of the City of Youngstown.

   (h)    Severability. If any provision, paragraph, word or subsection of this Section is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, words, sections or subsections shall not be affected and shall remain in full force and effect.

(Ord. 16-226. Passed 7-13-16.)