CITY OF SALEM
ORDINANCE NO. 990720 - 53 INTRODUCED BY: MR. MURPHY
First Reading _______________
Second Reading _______________
Third Reading _______________
BEING AN ORDINANCE AMENDING SALEM CITY CODE SECTION 1309.10, TO CERTIFY UNPAID OCCUPANCY LICENSE FEES AS A SPECIAL ASSESSMENT BY THE COUNTY AUDITOR, AND TO REQUIRE CURRENT ADDRESSES OF THE OWNERS OF NON-OWNER-OCCUPIED DWELLING UNITS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Salem's Housing Code does not require that owners of non-owner- occupied dwellings provide a mailing address for said owners; and
WHEREAS, the Housing-Planning & Zoning Office is hampered in its responsibility for correspondence with owners of non-owner-occupied dwellings, without current addresses of the owners.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, STATE OF OHIO:
SECTION 1:
That section 1309.10, Salem Codified Ordinances, is hereby amended to read as follows:
1309.10 OCCUPANCY LICENSE
(a) Issuance. An occupancy license shall be issued for dwelling units as required in this
section by the Enforcing Official. No dwelling unit shall be occupied by any person other than the owner
thereof without an occupancy license certifying that the dwelling meets the provisions of this Housing Code,
the Zoning Cod and applicable Fire Codes and amendments thereto.
(b) Permit Fee. An annual occupancy license fee of ten dollars ($10.000 shall be paid by the
owner or landlord for each dwelling unit regardless of the number of dwelling units per structure.
(c) Non payment of Fee. In the event the owner or landlord fails to pay the occupancy license
fee within 60 days after being notified of such cost by the Housing-Planning& Zoning Office, the unpaid fee shall
be certified by the City to the Auditor of Columbiana County, to be placed upon the tax duplicate for collection
as a special assessment. The Housing-Planning & Zoning Office shall certify the cost to the City Auditor, and an
additional charge of twenty dollars ($20.00) for each dwelling unit shall be assessed for the purpose of defraying
the cost of such certification.
(d) Local Agent. Owners of dwelling units residing outside of Columbiana, Stark or Mahoning
Counties shall designate a local agent within the City of Salem.
(e) Expiration and Renewal; Nontransferable. An occupancy license shall expire annually from
date of issue and is not transferable. It shall be the responsibility of the owner or his agent to secure licenses
and renew them annually, on or before December 31 of each year.
(f) Fee Deposit. Such frees shall be collected by the Enforcing Official and deposited in the
General Fund of the City. The owner/landlord shall be the responsible party for the fees.
(g) Occupancy License required for Water Service. The Utilities Department of the City shall not
accept applications for service for other than owner-occupied dwellings within the corporate limits unless the
occupancy license number is included on the application. In the event the building is under construction or being
repaired, the zoning permit number may be substituted, provided that the Zoning Office is notified.
(h) Revocation of Occupancy License. When a holder of an occupancy license has, subsequent to
previous issuance of a notice of violation, failed to comply with any provisions of the Housing Code, the Zoning
Code and applicable Fire Codes and amendments thereto, the holder's occupancy license may be revoked by the
Enforcing Official. Upon written notification or the revocation, it shall be the responsibility of the owner or
agent to evict the tenant. It shall also be the responsibility of the owner/operator to insure that the eviction
process is conducted in a timely manner and in accordance with current acceptable legal standards.
(i) Denial Notification. When the Enforcing Official denies issuance or revocation of a permit,
he shall notify the applicant, owner or agent in writing. The notice shall include the date, the time limit within
which to appeal the decision, and a brief statement of the reason for the action taken.
(j) Required Address. The owner/landlord, agent or tenant is hereby required to provide the
Enforcing Official with the proper and/or current mailing address of the owner of each non-owner-occupied
dwelling unit.
SECTION 2:
This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this ordinance or resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 3:
Existing section 1309.10 of Salem Codified Ordinances is hereby repealed.
SECTION 4:
That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety in the City of Salem, and shall go into immediate effect for the reason that it is immediately necessary for adequate enforcement of the Housing Code.