1755.03 OBLIGATIONS FOR RESIDENTIAL RENTAL PROPERTIES AND FAMILY CHILD CARE HOMES.

   (a)   Violations.

      (1)    No Owner, Agent, real estate agent or broker, company, or any person or persons shall rent, lease, sublease, let, or otherwise allow the occupancy of any Residential Rental Property, or provide child care services in a Family Child Care Home, as defined in this Chapter, constructed prior to 1978 and which is subject to this Chapter, whether such use, or occupancy is temporary or permanent, unless a "Lead-Safe Certificate" has been issued for such Property.

      (2)    Every Owner of a Residential single-family or four (4) units or less residential Rental Property and every operator of a "family Child Care Home" shall maintain such property free from the following conditions:

         A.   "Deteriorated Paint Condition,"

         B.   "Lead Dust Condition," or a

         C.   "Bare Soil Condition," as defined in Section II(2).

   Once identified, the condition is to be remedied in accordance with the requirements of this Chapter. Termination of occupancy of any such Residential Rental Property shall not constitute compliance with the requirements of this Section.

      (3)    All provisions of this Chapter shall apply to "Family Child Care Homes", as defined in this Chapter.

   (b)    Required Unit Registration; Application for and Issuance of Certificate of Rental Registration, Revocation.

      (1)   Rental Unit Registration Required. An owner of a residential rental unit or units located in the City shall register each unit with the Department of Code Enforcement and Blight Remediation in a rental registry which is established by the Superintendent. As per City of Youngstown Property Maintenance Code 546.11.

      (2)    Application Information. Application for a certificate of rental registration required by this Housing Code shall be made annually, on or before March 1st on forms supplied by the Superintendent. Information to be supplied on an application shall include, but is not limited to, the following:

         A.   The name, address, telephone number and email address of the owner or owners of the premises. If a partnership, the names, addresses, telephone numbers and email addresses of all general partners. If a corporation, the names, addresses, telephone numbers and email addresses of the current statutory agent and all corporate officers of the corporation. The address for corporations and partnerships shall be the principal place of business and the address for persons shall be the home address;

         B.   The name, address, telephone number and email address of the managing agent of the premises, if any. If a partnership, the names, addresses, telephone numbers and email addresses of the current statutory agent and all corporate officers of the corporation. The address for corporations and partnerships shall be the principal place of business and the address for persons shall be the home address;

      (3)    Proof of registration for Family Child Care Home facilities as issued by the Mahoning County Department of Job and Family Services must accompany any registrations submitted in regards to this chapter.

   (c)    Issuance of Certificate of Rental Registration. Upon registration, the Superintendent shall issue a certificate of rental registration which shall indicate the following, as per the City of Youngstown Property Maintenance Code 546.11:

      (1)   The street address or other identifying characteristics of the building or other structure;

      (2)   The name, address, telephone number and email address of the owner or owners of the premises. In the case of a partnership, the names of all general partners;

      (3)    If the owner of record is a corporation, the names, addresses, telephone numbers and email addresses of the current statutory agent and all corporate officers of that corporation;

      (4)   The name, address, telephone number and email address of the managing agent of the premises, if any;

      (5)   The name, address (including the dwelling unit, apartment or room number), telephone number and email address of the superintendent, custodian, or other individual employed by the owner or managing agent to provide regular maintenance services, if any;

      (6)   The name, address, telephone number and email address of an individual representative of the owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises of any rental unit in that structure, including such emergencies as the failure of a utility system or service, and who has the authority to make emergency decisions concerning the building including its repairs or expenditures;

      (7)    The use and occupancy authorized and the use district, ward, and census tract in which the structure is located; and

      (8)   The lead-safe certification status, if applicable.

   (d)    Revocation of Certificate of Rental Registration. The Superintendent may revoke a certificate of rental registration if the applicant makes any false statement in connection with the registration, or if the structure that was covered by it is no longer in compliance with the requirements of this Code, or if the owner, agent, or person in charge of a structure refuses to comply with any provision of this Code required for the use, maintenance and/or occupancy of a structure, including this chapter and any other City of Youngstown Codified Ordinances. If the Superintendent revokes a certificate of rental registration, the owner may appeal the Superintendent's action to the Housing Appeals Board, in writing within ten (10) days from the date of the Superintendent's action. The Board may sustain, disapprove or modify the Superintendent's action, and the Board's decision shall be final.

   (e)    In addition to revocation of the certificate of rental registration, whoever violates this division shall be assessed penalties not more than one hundred dollars ($100.00) after the first month of non-compliance, five hundred dollars ($500.00) after the second month and one thousand dollars ($1,000.00) following the third month of non-compliance. In each period during which the violation continues is a separate offense. Please see the City of Youngstown Property Maintenance Code 546.11.

      (1)    Furthermore, any person in control who violates or fails to comply with any provision of Chapter 546 of the Youngstown Codified Ordinances, or any order issued by the Code Official or his or her designee, after notice pursuant to 546.06, shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned more than 60 days or both. Completion of any administrative appeals process is not a prerequisite to criminal prosecution. Please see the City of Youngstown Property Maintenance Code 546.11.

      (2)    The provisions of this Code are specifically intended to impose strict liability. Please see the City of Youngstown Property Maintenance Code 546.11.

   (f)    Notice of Change in Owner's Information. An owner of a residential rental unit shall give notification of a change in the name, address, telephone number, and/or email address of a corporation, partnership or person listed on a certificate of rental registration under Section III(c)(2) through (6) to the Superintendent within seven (7) days after the change occurs. If the owner fails to give written notification as required in this section, the Superintendent may revoke the certificate of rental registration until the owner provides in writing the changed name, address, telephone number, and/or email address. (Ord. 23-293. Passed 9-31-23.)