550.14 PROHIBITION; NOTICE OF LIABILITY.
(a) No vendor shall convey any interest in a residential property through land installment contract unless a Certificate of Property Code Compliance or Temporary Certificate of Property Code Compliance has been issued, pursuant to this section.
(b) No vendor shall fail to deliver to the vendee a copy of the current Certificate of Property Code Compliance or Temporary Certificate of Property Code Compliance prior to the execution of the land installment contract.
(c) No vendor shall fail to record, as provided in Ohio Revised Code 5301.25, the land installment with the county recorder and deliver a copy to the county auditor within twenty days of the execution of a land installment contract.
(d) In a conveyance of any interest of a residential property through land installment contract sale, no vendor shall knowingly require a vendee, as a condition of the sale, to sign a "quit claim" deed, deeding the property in question to the vendor in the event of a default by the vendee.
(e) No inspector registered pursuant to this Chapter to conduct a Certificate of Property Code Compliance Inspection shall fail or refuse to file an inspection report within the time required pursuant to an application for a Registered Inspector or pursuant to an order issued by the Superintendent of Housing, Demolition and Code Enforcement.
(f) In addition to any other penalty and/ or notice of violation under the Codified Ordinance of the City of Youngstown, the Superintendent of Housing, Demolition and Code Enforcement, Zoning Inspector, Health Inspector or his/her designee may issue a violation to the vendor of the residential property who conveys any interest in a residential property through land installment contract, found to be in violation of the Youngstown Health or Property Maintenance Code of the City of Youngstown without the dwelling unit (s) having been issued a Certificate of Property Code Compliance, Temporary Certificate of Property Code Compliance said notice shall describe the location and nature of the violation, the time and date it was observed and the fine assessed to the owner. No notice of violation may be issued to an owner more than once during any seventy-two (72) hour period for the same violation at the same premises.
(1) The Notice of Violation provided for by this section shall be served upon the owner by certified United States mail return receipt requested or by personal service. In the event of failure of certified mail service on the basis that the return receipt is endorsed "unclaimed" or "refused", service shall be perfected by sending the notice to the address where certified mail was attempted by United States First Class Postage.
(2) The following rebuttable presumption shall apply to violations of this section.
A. The owner of the premises whose name is listed in the records of the Mahoning County Auditor is presumed, for purposes of this section, to be the owner of said premises.
(g) Any vendor of the residential property who conveys any interest in a residential property though land installment contract and is found to be in violation of the Youngstown Health and/or Property Maintenance Code and located in the City of Youngstown without the dwelling unit(s) having been issued a Certificate of Property Code Compliance, Temporary Certificate of Property Code Compliance or fails to comply with this Chapter, shall be fined two hundred fifty dollars ($250.00). A second violation within two years by an owner shall result in a fine of five hundred dollars ($500.00). A third and any subsequent violation by an owner within two years shall result in a fine of one thousand dollars ($1,000.00).
(h) Payment of any fine authorized under this code section may be enforced by means of a civil action or any other method provided for by the Ohio Revised Code or the Youngstown Municipal Code. (Ord. 19-07. Passed 2-6-19.)