AN ORDINANCE
AMENDING SECTION 17-107.5, PRE-SALE INSPECTION AND CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OWNERS AND TENANTS, OF THE OAKWOOD PROPERTY MAINTENANCE CODE, TO PROVIDE FOR THE WAIVER OF RENTAL INSPECTIONS WHEN A RENTAL UNIT HAS ALREADY BEEN INSPECTED IN THE PREVIOUS 12 MONTHS.
WHEREAS, the city operates a program for the inspection of residential rental properties; and
WHEREAS, pursuant to the program, a rental unit inspection is required every time there is a change of tenant for a particular rental unit, with no cap on the number of potential inspections that could be required; and
WHEREAS, to ensure that inspections are reasonably related to legitimate governmental interests, and are not undertaken any more frequently than necessary, staff has recommended that in the absence of any complaint or other objective basis to inspect, rental inspections should be capped at not more than one (1) per rental unit per year; and
WHEREAS, Council finds that imposing a reasonable limit on the number of rental inspections that may occur within a year balances legitimate governmental interests with private property rights, and benefits the public health, safety and welfare of the city of Oakwood;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO:
SECTION I.
Section 17-107.5, Pre-Sale Inspection and Certificate of Occupancy Required for New Owners and Tenants, of the Oakwood Property Maintenance Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:
17-107.5
PRE-SALE INSPECTION AND CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OWNERS AND TENANTS.
The title of this section is amended to read as set forth above. The content of this section is revised to read as follows:
A.
It shall be unlawful for the owner of any real estate premises to transfer legal or equitable ownership of that premises ("title"), or change of tenant, without having obtained a pre-sale inspection of it under this code. This inspection will enable the code official to work toward accomplishing the purposes of this code by listing any repairs or other work necessary to eliminate any unsafe or hazardous conditions, to comply with applicable requirements of the Fire Code, Zoning Code and other ordinances, and also to correct any unlawful nuisance conditions in the form of violations of this Property Maintenance Code. Such an inspection and list shall be part of the process of issuing the required certificate of occupancy.
B.
Application for a pre-sale inspection shall be made on such form and in such manner as may be prescribed from time to time by the code official. The city may charge a fee for this service as provided for under Chapter 153.
C.
Within 21 days after application was made for a pre-sale inspection, the code official shall have completed the inspection, compiled a list of any items to be brought into compliance with this code and applicable provisions of the Fire Code, Zoning Code and other ordinances, and shall have issued a violation letter to the owner or lienholer of a premises. This period of time may be extended by the code official if a delay is caused by any matter beyond the reasonable control of that official.
D.
A certificate of occupancy shall be valid for one year after the violations have been corrected to the satisfaction of the code official or until 60 days after the premises may be transferred to a new owner or tenant, whichever occurs sooner.
E.
Any rental unit inspection required under this chapter may be waived by the code official, and an occupancy certificate may be granted without such inspection, so long as all of the following conditions are met:
1.
The subject property has already undergone a pre-sale or rental unit inspection during the twelve (12) months immediately prior to the most recent change of tenant;