CROSS REFERENCES
Director of Law to implement Zoning Code enforcement, CO 327.03
Purpose of Housing Code, CO 361.02
Certificate of occupancy required, CO Ch 365
Condemnation of premises; conditions and notice, CO 369.21
This Housing Code shall be enforced by the Commissioner of Housing.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
The Commissioner of Housing is hereby authorized to make or cause to be made inspections of all structures or premises used for dwelling purposes to determine whether such structures or premises conform to the provisions of this Housing Code, and to the provisions of the Zoning Code.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
Upon presentation of proper credentials the Commissioner of Housing and his duly authorized agents or inspectors may enter at reasonable times, or at such other times as may be necessary in an emergency, any dwelling, building, structure or premises in the City to perform any duty imposed on him by this Housing Code. No person shall in any way obstruct, hinder, delay or otherwise interfere with the housing inspector in such entrance.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)
(a) Whenever the Commissioner of Building and Housing shall find any dwelling structure or premises, or any part thereof, to be in violation of the provisions of this Housing Code, he shall give or cause to be given to the owner or agent or person in charge of such structure or premises, and the mortgagee of record, a written notice stating the violations therein. Such notice shall order the owner within a stated reasonable time to repair, improve, demolish or effectively board the structure or premises concerned.
(b) If the person to whom a notice of violation is addressed cannot be found within the City after reasonable and diligent search, then notice shall be sent by registered or certified mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice.
(c) Any owner, agent or person in charge of such dwelling structure, mortgagee of record, lessee of record and lien holders of record who have received a notice of violation as provided for in division (a) of this section, or who receive a notice of the City's intention to demolish or effectively board as provided for in division (c) of Section 367.05, shall inform prospective purchasers, vendees, grantees, assignees, sublessees or land contractees thereof of any such notice of violation or notice of the City's intention to demolish or effectively board. No owner or agent or person in charge of such dwelling structure, mortgagee of record, lessee of record or lien holders of record shall transfer to a vendee, grantee, assignee, sublessee or land contractee or any other transferee any interest in such dwelling structure after receiving a notice of violation, or notice of the City's intention to demolish or effectively board without first providing the transferee with a copy of such notice.
(d) Any buyer or grantee, by land contract or otherwise, of a dwelling building or structure, shall begin at the date of transfer to comply with any notice obtained or to be obtained pursuant to Section 367.12, and within ten (10) days of the date of transfer, shall notify the Commissioner, in writing, of the actions that will be taken to comply. The Commissioner may then establish a reasonable time to comply.
(Ord. No. 54-94. Passed 6-6-94, eff. 6-15-94)
Note: This section became effective 90 days after passage on September 5, 1994.
(a) Whenever the owner, agent or person in charge of a dwelling structure or premises fails, neglects or refuses to comply with a notice of the Commissioner of Building and Housing, the Commissioner may issue a notice ordering the structure or premises concerned to be vacated, or he may advise the Director of Law of the circumstances and request the Director to institute an appropriate action of law to compel a compliance, or both.
(b) Whenever the owner or agent or person in charge of a dwelling structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Commissioner, the Commissioner may request the Director of Public Safety to enforce the orders of such notice of vacation and cause the structure to be vacated in accordance with the terms of such notice.
(c) Whenever the Commissioner has made the determination that a dwelling structure or premises constitutes a public nuisance in that the structure or premises is injurious to the public health, safety and welfare, and the owner, agent or person in charge of such structure fails, neglects or refuses to comply with a notice of violation ordering such structure to be demolished or boarded, or the violations corrected, the Commissioner may take necessary action to demolish or effectively board such structure in accordance with the procedure and requirements set forth in Section 3103.08(f) or take such other action as may be necessary to abate the nuisance. The Commissioner shall give written notice in conformance with the procedures set forth in this Housing Code for the service of notice of violation informing the owner or agent, mortgagee of record, lessee of record or lien holder of record of the City's intention to demolish or effectively board such structure at least thirty days prior to such intended action by the City.
(Ord. No. 365-81. Passed 7-6-81, eff. 7-8-81)
Whenever, in the opinion of the Commissioner of Building and Housing, the condition of dwelling structure or premises constitutes an immediate hazard to human life or health, he shall declare a case of emergency and shall order immediate vacation of the dwelling structure or premises concerned.
He may request the Director of Public Safety to enforce the orders he gives that are necessary to cause the structure to be vacated in accordance with the terms of the notice. The Director of Public Safety has the authority to enforce such orders.
(Ord. No. 54-94. Passed 6-6-94, eff. 6-15-94)
Note: This section became effective 90 days after passage on September 5, 1994.
Whenever the Commissioner of Housing orders a dwelling structure or premises to be vacated or condemned, he shall cause to be posted at each entrance to such structure or premises a placard "THIS BUILDING IS IN A DANGEROUS CONDITION AND HAS BEEN CONDEMNED AND ITS USE HAS BEEN PROHIBITED BY THE COMMISSIONER OF HOUSING." No person shall deface or remove such placard, until the repairs or demolition are completed, without written permission of the Commissioner of Housing. No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs or demolishing the structure or premises.
(Ord. No. 68-A-67. Passed 4-3-67, eff. 4-5-67)
(a) Any expenses or costs incurred under the provisions for demolition or boarding contained in this Housing Code shall be paid by the owner of the dwelling structure or premises.
(b) Whenever an inspection is made after the compliance date stated on a notice of violation of the Housing Code or the Zoning Code or after a compliance date determined by a court of competent jurisdiction for compliance to determine whether the violation has been remedied and the violation has not been remedied, there shall be charged a fee of fifty dollars ($50.00) for each such inspection, except that this fee shall not apply to one-family and two-family owner-occupied dwelling structures.
(c) If the owner fails to pay for the cost of demolition or boarding or of inspections of violations that have not been remedied within thirty days after the receipt from the Director of Community Development of a statement of the charges and costs incurred therein, then the Director of Community Development may certify the amount to the Commissioner of Assessments and Licenses. The Commissioner shall make written return to the County Auditor of the action, under this Code, with a statement of the charges for their services, the amount paid for the performing of such labor and a proper description of the premises for the purpose of making the same a lien upon such lands, to be collected as other taxes and returned to the City with the General Fund with special accounting thereof in accordance with RC 715.261.
(d) Notwithstanding the method of collection set forth above, the Director of Law may take any action necessary to collect the costs of demolition or boarding from the owner or other responsible party or parties.
(Ord. No. 54-94. Passed 6-6-94, eff. 6-15-94)
Note: This section became effective 90 days after passage on September 5, 1994.
The owner, agent or person in charge of any dwelling structure shall have the right to appeal from any notice issued by the Commissioner of Housing, within the time specified in such notice for compliance therewith, and to appear before the Board of Building Standards and Building Appeals or the Board of Zoning Appeals, as the case may require, at a specified time and place to show cause why he should not comply with such notice. However, when an appeal is from a notice of revocation of a certificate of occupancy, such appeal shall be filed not more than thirty days from the date of such notice of revocation. Failure to file an appeal within the time prescribed shall constitute a waiver of the right to appeal. Filing of an appeal from any notice of the Commissioner shall suspend action on enforcement of such notice until the appeal is acted upon by the Board of Building Standards and Building Appeals, or, in matters relating to zoning, by the Board of Zoning Appeals.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
(a) The Director of Community Development is hereby authorized to adopt such written rules and regulations as may be necessary for the proper interpretations and enforcement of this Code. Such rules and regulations shall not conflict with or waive any provisions of this Housing Code or any other of these Codified Ordinances. Such rules and regulations shall be submitted to the Board of Building Standards and Building Appeals for approval and no such rule or regulation shall be adopted without such approval. Failure of the Board to approve, disapprove or modify such rules and regulations within ninety days after submission shall be deemed to constitute approval thereof.
(b) Such rules and regulations, upon adoption, shall be published in the City Record for two consecutive weeks and shall be in effect on and from fifteen days after the second publication therein. Such rules and regulations shall have the force and effect of this Code and shall continue in effect until revoked by the Director with the approval of the Board or by action of Council.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
No person shall knowingly misrepresent the legal occupancy of a dwelling, building or structure as an inducement for the sale of such property.
(Ord. No. 204-65. Passed 4-18-67, eff. 4-20-67)
For purposes of Sections 367.12 and 367.13 of these Codified Ordinances, the following definitions apply:
(a) Appraiser. A person who makes an appraisement of property to determine a just and true valuation.
(b) Buyer. A party in a real property transaction who buys or purchases real property or who contracts to buy or purchase real property. Buyer includes the grantee, vendee or purchaser in a real property transaction.
(c) Escrow Agent. A person with whom the seller deposits the deed and other documents or items regarding the sale of real property until specified conditions are met.
(d) Loan Originator. A person who negotiates or arranges a mortgage loan between a person who makes or funds mortgage loans and a buyer; or who issues a commitment for a mortgage loan to a buyer; or who places, assists to place, or finds a mortgage loan for a buyer. A loan originator also includes a person who makes or funds mortgage loans.
(e) Mortgage Broker. As defined in division (G) of Section 1322.01 of the Revised Code, a person who holds him, her, or itself out as being able to assist a buyer in obtaining a mortgage and charges or receives from either the buyer or lender money or other valuable consideration readily convertible into money for providing this assistance; or a person who solicits financial and mortgage information from the public, provides that information to a mortgage broker and charges or receives from the mortgage broker money or other valuable consideration reality convertible into money for providing the information; or a person engaged in table-funding or warehouse-lending mortgage loans that are first lien mortgage loans.
(f) Real Estate Agent. A person licensed by Chapter 4735 of the Revised Code to represent another in a real estate transaction.
(g) Seller. A party in a real property transaction who sells, transfers or grants real property or who contracts to sell, transfer or grant real property. Seller includes the grantor, vendor, or transferor in a real property transaction. The seller is the transferring agent if there is no escrow agent involved in the transaction.
(Ord. No. 1864-01. Passed 10-20-03, eff. 10-22-03)
(a) No person, agent, firm or corporation shall sell, by land contract or otherwise, any interest in any dwelling building or structure, as defined in Section 363.04 of five or more units, without furnishing the buyer, prior to the sale, (i) a current certificate of occupancy or a statement from the Department of Building and Housing describing the authorized use of the dwelling under the ordinances of the City, (ii) a copy of any outstanding notice or order from the City, including any notice of violation or outstanding notice of the City's intention to demolish or effectively board, and, when an escrow has been established, depositing in escrow prior to delivery of possession or transfer of title a statement from the buyer acknowledging the receipt of these documents. However, a statement signed by both the seller and the buyer describing the fact that the property being transferred does not contain a dwelling building or structure may be deposited in escrow instead of the documents regarding use required herein.
(b) An application to provide the statement required by this section shall be accompanied by a fee of forty dollars ($40.00).
(c) No person, agent, firm or corporation shall enter into a contract for the sale of a one, two, three or four unit dwelling building or structure, as defined in Section 363.04, without furnishing to the purchaser a Certificate of Disclosure addressing the condition of the property, which Certificate shall be in a form prescribed by the Director of Building and Housing. No real estate agent, escrow agent or seller shall sell or transfer a one, two, three or four unit dwelling building or structure without furnishing to the purchaser information required by the Certificate of Disclosure described above. If the purchaser does not receive any portion of the Certificate of Disclosure to be completed by the City prior to sale, the purchaser may rescind the purchase contract for the sale of the property prior to the sale of the property.
(d) A request for a Certificate of Disclosure shall be accompanied by a nonrefundable fee of sixty dollars ($60.00).
(Ord. No. 1864-01. Passed 10-20-03, eff. 10-22-03)
No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of a dwelling building or structure situated in the City shall disburse any funds unless the provisions of Section 367.12 have been met.
(Ord. No. 1864-01. Passed 10-20-03, eff. 10-22-03)
The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to require compliance with the provisions of this Housing Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Commissioner of Housing or the Board of Building Standards and Building Appeals.
(Ord. No. 2409-59. Passed 4-4-60, eff. 4-6-60)
A request for a statement from the Division based on its records, which statement is not specified in any other section, must be in writing and accompanied by a fee of twenty dollars ($20.00).
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) Whoever violates any provision of this Housing Code for which no other penalty is provided or any rule or regulation promulgated thereunder or fails to comply with this Housing Code or with any written notice or written order issued thereunder, or whoever refuses to permit entry by the Housing inspector at a reasonable hour, and whoever interferes with, obstructs, hinders or delays such housing inspector while attempting to make such inspection shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for the first offense, and for a second or subsequent offense shall be fined not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), or imprisoned for not more than six months or both. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
Whoever causes or permits the continuation of any violation of this Code or any rule or regulation promulgated hereunder or fails to comply with this Housing Code or with any written notice or written order issued hereunder, subsequent to conviction therefor shall be liable for further prosecution, conviction and punishment upon the same order or notice without the necessity of issuing a new order or notice, until full compliance has been had on such order or notice upon which the original conviction was had.
(b) Whoever violates Section 367.11 shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) for each offense thereof.
(c) Whoever violates Section 367.12 or 367.13 shall be guilty of a misdemeanor of the first degree.
(d) Whoever violates Section 371.01 shall receive a mandatory fine of not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00) or imprisoned for not more than six months or both. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(e) Whoever violates Sections 369.13, 369.14, 369.15, 369.16, 369.17, 369.18, 369.19, 371.05, 371.07, 371.10 or 371.13 or Section 369.08 as a first offense shall be fined not more than one fifty hundred dollars ($150.00). In addition to any other method of enforcement provided for in this chapter, the above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. Whoever violates Sections 392.02, 392.03, 392.04, 392.05 or 392.06 is subject to the penalty established in Section 392.99 of these Codified Ordinances. In addition to any other means of enforcement provided for in these Codified Ordinances by statute. Sections 392.02, 392.03, 392.04, 392.05 or 392.06 may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Rules of Criminal Procedure, provided that the offense is a minor misdemeanor.
(f) Whoever violates Section 369.08 as a second offense of that section shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days or both. Whoever violates Section 369.08 as a third or subsequent offense of that section shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than six months, or both.
(g) A court of competent jurisdiction may require whoever is convicted of or pleads guilty to a violation of this Housing Code to pay to the City's Department of Building and Housing, fees for inspections of violation that have not been remedied, which fee is described in Sections 367.08 and 3105.26, and the expenses or costs incurred under the provisions for demolition or boarding contained in the Housing Code.
(Ord. No. 899-06. Passed 8-9-06, eff. 8-16-06)