The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

   "Housing license." An annual permit that has been implemented to ensure basic habitability of rental properties, to ensure property owners remain responsible for their properties and remove blight and unsafe conditions from neighborhoods.

   "Designated City Official." The Building Commissioner of the City of Broadview Heights, Ohio or his/her designee.

   "Dwelling unit." A space within a dwelling, comprised of a living, cooking and dining area, a sleeping room or rooms, storage closets and bathing and toilet facilities, all used by only one family.

   "Property owner." The person claiming, or in whom is invested, the ownership or title to real property, including but not limited to: the holder of a fee-simple title; the holder of a life-estate; the holder of leasehold estate for a term of five years or more; a buyer under contract for deed; a mortgagee, receiver, executor or trustee in control of real property; but not including the holder of a leasehold estate an initial term of less than five years.

   "Person." An individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity.

   "Non-owner occupied." The registered owner of the property is not physically residing at the property.

   "Property manager." A person other than the property owner that has managing control of a rental unit with or without compensation.

   "Renting." The offering, holding out or actual leasing of a rental unit to an occupant other than the property owner, and generally involves the payment of a rental amount in cash, check or money order, although other forms of consideration (such as property safekeeping) may be involved; or no consideration at all may be involved.

   "Rental unit." A one, two or three-family dwelling unit, including a town home dwelling unit, a condominium, apartment condominium or apartment dwelling that is not continuously occupied by the property owner 12 months out of the year. A tax mailing address which is not the address of the dwelling unit creates a rebuttable presumption that the dwelling unit is a rental unit.

   "Tenant." Any person, other than the property owner, who occupies, rents or leases a rental unit for any period of time for living or dwelling purposes with the consent of the owner or the landlord.

   "Vacant building." Any structure that is unoccupied.

   "Tax mailing address." The address shown on the Cuyahoga County Fiscal Officer's website as being the location to which the property tax bill is to be mailed.

(Ord. 64-2021, passed 12-6-2021)

   (A)   Each property owner of a residential and/or commercial unit that is non-owner occupied or offered for rental within the city shall register each such non-owner occupied or rental unit with the Designated City Official, and shall renew such registration annually on the date prescribed by the Designated City Official pursuant to § 1281.01 and the provisions of this section regarding registration fees. A separate registration shall be required for each rental unit.

   (B)   (1)   Each new property owner of a residential and/or commercial unit that will not be owner occupied or that will be offered for rent within the city shall make an application for registration with the Designated City Official within 30 days after the date of acquiring ownership of a rental unit, or within 30 days of non-owner occupancy of a dwelling unit. Each initial application for rental registration or renewal of a rental registration shall be accompanied by a non-refundable fee of $100 for each one-family dwelling unit; $200 for each two-family dwelling unit; and $300 for each three-family dwelling unit and $50 for each town home, condominium or apartment condominium dwelling unit. Fees for apartment complexes, shall be $300 for each building and $50 per unit within the building per year.

      (2)   If a property owner as defined in § 1281.01 fails to register a property or properties by the prescribed date, the registration fee shall be doubled regardless of whether or not the dwelling unit was inspected. Said property owner shall also be subject to the penalty provisions as set forth in § 1281.08.

   (C)   Application for non-owner occupied or rental registration shall be made upon a form provided by the city for such purpose, and shall include at least the following information:

      (1)   Property owner's name, address (no post office box), work and home telephone number, and email address;

      (2)   If the property owner is a partnership, the name of all partners, and the principal business address, telephone number and email address of each partner;

      (3)   If the property owner is a corporation, the person registering must state whether it is organized under the laws of this state or is a foreign corporation, and must show the mailing address, business location, telephone number, email address, name of the person in charge of the local office of such corporation, if any, and the names of the registered and statutory agent, and, if a foreign corporation, the place of incorporation;

      (4)   Name, address, telephone number and email address of the property manager, if applicable;

      (5)   Street address of the rental unit;

      (6)   Name, phone number and email address of each primary or principal tenant;

      (7)   Whether there has been a change of occupancy or an additional tenant of the rental unit since the date of last registration;

      (8)   Be signed by the property owner or property owner's agent.

   (D)   The Designated City Official shall, within 30 days after receipt of the registration application, either issue a certificate of registration or provide notification to the property owner that the application does not comply with the requirements of this chapter.

      (1)   Upon receipt of an application for a housing license, the Building and Zoning Department shall schedule inspections of the rental dwelling unit(s) as necessary or according to the schedule initiated by the Building Commissioner.

      (2)   If upon inspection of the rental dwelling unit it is determined that a violation(s) of the current Residential Code of Ohio, the International Property Maintenance Code or this chapter exists, notice of said violation(s) shall be made to the owner or agent. The owner or agent shall obtain the proper permits as required by the Building Code to correct the noted violation(s). No housing license shall be issued until the violations have been corrected and the repairs inspected and approved.

   (E)   A certificate of registration shall be valid until December 31st following issuance thereof.

   (F)   Rental registration is not assignable or transferable.

   (G)   It is a violation for a property owner to fail to register and/or fail to renew the registration for the property owner's rental units within the city. Each day that the property owner continues to fail to register and/or renew the registration of the property owner's rental units within the city shall constitute a separate offense.

   (H)   It shall be unlawful for any person to file a false registration application with the Designated City Official.

   (I)   In order to verify a unit is no longer required to be registered as non-owner occupied or as a residential rental unit an affidavit, on the form prescribed by the city, must be completed and placed on file with the Broadview Heights Building Department.

(Ord. 61-07, passed 6-4-2007; Ord. 101-08, passed 9-2-2008; Ord. 64-2021, passed 12-6-2021)

   (A)   In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter.

   (B)   The Building Official is hereby authorized to make or cause to be made inspections once every three years to determine the condition of dwelling(s), occupied structures and premises located within the city. Such inspections may also be made whenever the Building Official has reasonable cause to believe that a violation of the Code exists therein or thereon.

   (C)   Upon presentation of proper credentials, the Code Official may enter, with the permission of the occupant, 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 or her by the Code; provided, however, that if the occupant refuses permission to enter, no entry shall be made without first obtaining a warrant.

(Ord. 61-07, passed 6-4-2007; Ord. 18-16, passed 2-8-2016; Ord. 36-2020, passed 11-2-2020)

   The Building Commissioner shall issue the housing license applied for if the building and the uses to which it is intended to be put are found to comply in all respect with this chapter and all other laws and ordinances. The certificate shall be posted by the owner, agent or person in charge of any dwelling structure at the main entrance of the building for which it is issued, or if not possible such certificate shall be readily available for exhibition to the Building Official.

(Ord. 61-07, passed 6-4-2007)

   (A)   In the event there is a change in ownership of record, the housing license issued under the provisions of this chapter to the former owner shall become null and void within 30 days of the recorded date of such change of ownership, and a new certificate must be obtained by the new owner.

   (B)   Application for new license shall be made within 30 days after such change of ownership has occurred. A fee of $50 shall be paid upon application for each new certificate. Such new certificate shall expire on the same date as that of the certificate which it replaces.

(Ord. 61-07, passed 6-4-2007; Ord. 36-2020, passed 11-2-2020)

   The issuance of a housing license does not guarantee compliance with the Housing Code, nor does the Building Commissioner or his or her agent accept any liability for noncompliance with this chapter.

(Ord. 61-07, passed 6-4-2007)

   See Chapter 1348 (formerly Chapter 1494) - International Property Maintenance Code.

(Ord. 61-07, passed 6-4-2007)

   See referenced § 1440.99 for General Code Penalty if no specific penalty is provided.

(Ord. 61-07, passed 6-4-2007)