CROSS REFERENCES
Multiple dwelling defined, CO 363.09
Row house defined, CO 363.17
Enforcement of Housing Code; notice of violation, CO Ch 367
Appeals from notice of revocation of certificates, CO 367.09
Certificate required for other uses in a dwelling structure, CO 371.04
(a) For purposes of this chapter, a residential unit is defined as any part of a building being used as an individual's private residence. An owner, (legal, equitable or otherwise), agent or person in charge of any residential unit, used or designed or intended to be used as a residential unit, located within the City of Cleveland, shall not rent or lease those units, or any part of those units, for residential occupancy unless the owner obtains a certificate of rental registration issued by the Commissioner of Building and Housing for that structure or units.
(b) If the owner of a residential unit rents or leases a residential unit or any part of it, without obtaining a Certificate of Rental Registration, the owner is in violation of this chapter. If the owner leases or rents more than one residential unit without obtaining a Certificate of Rental Registration, each residential unit rented or leased without a Certificate of Rental Registration is a separate violation.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
(a) Application for a certificate of rental registration required by the provisions of this Housing Code shall be made by supplying the information and data necessary to determine the owner, agent and/or person in charge and to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy, or the intended use of occupancy, on forms supplied by the Director of Building and Housing. Information to be supplied on an application shall include, but is not limited to, the following:
(1) The name, address, social security number or federal tax identification number and telephone number of the owner or owners of the premises. In the case of a natural person or persons, the date or dates of birth. In the case of a partnership, the names, addresses, social security numbers, dates of birth and telephone numbers of all general partners. In the cases of a corporation, the names, addresses, social security numbers, dates of birth and telephone numbers 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.
(2) The name, address, social security number or federal tax identification number and telephone number of the managing agent of the premises, if any. In the case of a natural person or persons, the date or dates of birth. In the case of a partnership, the names, addresses, social security numbers, dates of birth and telephone numbers 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) For a property to be covered by Lead Maintenance Certificate or Lead-Based Paint Free Certificate, the owner shall comply with the provisions in Section 240.08 of the codified ordinances to obtain such a certificate and a copy of the Lead Maintenance Certificate or Lead-Based Paint Free Certificate shall also be submitted with the application for a certificate of rental registration.
The Director may require the submission of an affidavit stating such information and he may cause a general inspection of the structure or premises to be made.
(b) If the owner of a residential unit resides or is located outside of Cuyahoga County, the owner shall designate in his application the name, current address, social security number, date of birth and telephone number of an agent who is a natural person and who resides within Cuyahoga County, and who is authorized by the owner to receive service of a Notice of Violation on the owner's behalf. An agent designated under this section shall be of sound mind and at least eighteen years of age. It is the owner's obligation to notify the Director of Building and Housing, in writing, of any change in the name, address, and/or telephone number of any agent designated.
(c) If it is found that a building or other structure is in compliance with the provisions of this Code and all other applicable laws, ordinances, rules and regulations, the Director of Building and Housing shall issue a certificate of rental registration containing the following:
(1) The street address or other identifying characteristics of the building or other structure.
(2) The name, address and telephone number of the owner or owners of the premises. In the case of a partnership, the names of all general partners.
(3) If the record owner is a corporation, the names, addresses and telephone numbers of the current statutory agent and all corporate officers of said that corporation.
(4) The name, address and telephone number of the managing agent of the premises, if any.
(5) The name, address (including the dwelling unit, apartment or room number) and telephone number 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 and telephone number 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 unit of dwelling place 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 district, ward, and census tract in which the structure is located.
(8) The use and occupancy authorized.
(9) That the building or other structure was found to be in compliance with the applicable provisions of this code and all other applicable laws, ordinances, rules and regulations.
(10) Whether a Lead Maintenance Certificate or Lead-Based Paint Free Certificate was issued and the expiration date of either of those certificates.
The rental registration certificate shall not be valid beyond the last day of the twelfth month following the date of issuance, unless it has been renewed prior to that day and it was renewed in the same manner required for issuance of the original certificate of rental registration.
(d) Copies of all applications and certificates of rental registration shall be kept on file by the Director of Building and Housing as a pubic record, except those portions that are prohibited from being released by state or federal law.
(e) The Director of Building and Housing has the power to revoke a certificate of rental registration if any false statement is made by the applicant in connection with the issuance of such certificate, 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.
(f) An owner of a structure shall give prompt notification of a change in the name, address and/or telephone number of a corporation, partnership or person listed on a certificate of rental registration under division (c)(2) through (c)(7) of this section to the Director of Building and Housing within seven days after the change occurs. If the owner fails to give written notification as required in this section, then the Commissioner may revoke the certificates of rental registration until such time that the owner has provided in writing the changed name, address and/or telephone number.
In addition to revocation of the certificate of rental registration, whoever violates division (f) of this section shall be fined not more than two hundred dollars. Each three-month period during which the violation continues is a separate offense.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
Upon discovery by the Commissioner of Building and Housing that application for a residential occupancy certificate has not been made for a dwelling structure, notice shall be given to the owner of the structure to apply for a residential occupancy certificate within five days time. Failure to so comply will be deemed to be a violation of this Housing Code and will subject the owner of the structure to the legal action and penalties prescribed herein.
(Ord. No. 75-87. Passed 11-30-87, eff. 12-2-87)
The owner, agent or person in charge of every dwelling structure shall cause to be posted conspicuously at all times at the main entrance of such structure the residential occupancy certificate hereinbefore required including the information provided pursuant to Section 365.02(c)(1), (2), (3), (4), (5) and (6).
(Ord. No. 75-87. Passed 11-30-87, eff. 12-2-87)
(a) An application for a certificate of rental registration shall be accompanied by a nonrefundable fee calculated under the following schedule:
For Each Unit:
(1) $35.00 Rental Registration Fee.
(2) $5.00 Lead Inspection Fee.
A. This $5.00 fee is waived if the structure was constructed on or after 1978.
B. This $5.00 fee is waived if a Lead Maintenance Certificate or Lead-Based Paint Free Certificate covers the structure for the period of the certificate of rental registration.
(b) No fee shall be charged for a dwelling unit occupied by the owner.
(c) No fees shall be collected from any one owner for all properties owned by that owner within the City in excess of $15.000 per calendar year per building.
(d) A certificate may be renewed prior to expiration on application and payment of the fee described above. A certificate that has expired may be renewed on payment of an additional fee of fifty dollars if renewed within one month of its expiration and a further additional fee of ten dollars per month thereafter.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)
The Department of Building and Housing will set up a rental registry and will coordinate efforts and share the information in the registry with the City Department of Public Health's lead poisoning prevention program.
(Ord. No. 1027-04. Passed 8-11-04, eff. 8-17-04)
(a) Definitions. Whenever a term is used in this Chapter that pertains to a Lead-Based Paint Free Certificate or Lead Maintenance Certificate, that term shall be given the meaning it has in Chapter 240 of the Codified Ordinances.
(b) A Lead Maintenance Certificate and a Lead-Based Paint Free Certificate shall meet the requirements of Section 240.08 of the Codified Ordinances.
(c) The City of Cleveland is enacting and enforcing the provisions of this Chapter regarding Lead Maintenance Certificates and Lead-Based Paint Free Certificates only to promote the public health, safety and welfare and for obligations imposed upon the State of Ohio performed by the City of Cleveland Department of Public Health under delegation by the State of Ohio. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. In addition, nothing in this Chapter may be interpreted to limit the City of Cleveland's statutory immunity afforded by Chapter 2744 of the Revised Code.
(Ord. No. 736-06. Passed 8-9-06, eff. 8-16-06)