(a) The owner of any building that has become vacant as vacancy is defined in Section 1355.02(d) shall, within 30 days after the building becomes vacant, or within 30 days after the effective date of this chapter, whichever is later, file a registration statement for each such building with the Division of Building and Code Enforcement on forms provided by the Division for such purposes. In the event of a foreclosure action that results in the vacancy of a property, the institution, agency or individual that initiated the foreclosure shall be responsible for the registration of the vacant property either by active membership and registration of the property on the Mortgage Electronic Registration System (also known as MERS) or by registration under the terms set forth in this chapter and shall have the same responsibilities as the "owner" as referred to in all sections of this chapter. The registration shall remain valid for one year from the date of registration. The registering party shall be required to annually renew the registration as long as the building remains vacant and shall pay an annual registration fee of one hundred dollars ($100.00) for each registered building; provided, however, that all religious, educational, benevolent or charitable associations, all governmental agencies and those registered with MERS shall be exempt from the payment of the annual registration fee. The owner shall notify the Division of Building and Code Enforcement within 20 days, of any change in the registration information by filing an amended registration statement on a form provided by the Division for such purposes. 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 or owners of the building.
(b) In addition to other information required by the Building Official, the registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this code. This person must maintain an office in Muskingum County, Ohio, or must actually reside within Muskingum 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 as 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 building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process 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 for the purposes of this subsection until the owner notifies the Division of Building and Code Enforcement of a change of authorized agent or until the owner files a new annual registration statement.
(c) Any owner who fails to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building and premises.
(d) The Building Official may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder and fails to maintain the property according to the currently adopted Property Maintenance Code shall be guilty of a third degree misdemeanor and shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000) for each offense. Every day that a violation continues shall constitute a separate and distinct offense.
(Ord. 10-36. Passed 7-26-10.)