MEMORANDUM
Date: August 5, 2005
To: Neighborhood Associations, James
Coady, Ohio University Student Senate, Ohio University Off-Campus Housing,
Ohio University Dean of Students, Media
From: Nancy Bain, City Council Member
RE: OFF-CAMPUS HOUSING
Athens City Council proposes to require that tenants be presented and educated
with the attached form prior to occupying the premises. This approach
has been very effective in college towns with a similar transient population.
More specifically, this form available on the City’s website and by mail
from the Office of Development, Enforcement, and Facilities would be the
basis for discussion of city laws that impinge upon the neighborhood.
It provides the landlord and tenant the opportunity to discuss certain civic
responsibilities. After the materials are reviewed, the landlord and
tenant would each retain a copy and the original would be given to the Office
of Development, Enforcement, and Facilities for their files.
We would be grateful if you would review the form and the process.
Please offer feedback to: Nancy Bain/Dale Tampke,
City Building, 8 East Washington Street, Athens, OH, 45701 or via e-mail
at: nbain@ci.athens.oh.us or dtampke@ci.athens.oh.us
Attachment
LANDLORD/OCCUPANT DECLARATION OF COMPLIANCE AND DISCLOSURE
Dwelling:
(Street Address)
Owner: Telephone: Street Address:
Owner’s Authorized Agent:
Telephone: Street Address:
For each dwelling unit subject to the provisions of the Athens City Code,
this form must be current, completed and signed by the owner or the owner’s
agent and by each occupant at the time of renting or leasing any residential
rental property or at the time of any change in ownership, or occupancy of
any residential rental property. This form shall be kept by the occupants
at the address of the residential rental property above. The occupants
shall make it available immediately upon request to an Athens City Code Enforcement
Officer or Police Officer in connection with an investigation of a violation
occurring at the residential rental property.
DECLARATION OF COMPLIANCE WITH
OCCUPANCY RESTRICTIONS
I have made personal and diligent inquiry and make this declaration based
upon personal knowledge. The names of all the occupants, other than
minor children living with a parent or other legal custodian, who reside
in this dwelling, are as follows. If any relationship is claimed between
occupants for the purpose of claiming the benefit of the family exemption
that allows three adults to reside in the dwelling, the names of the occupants
who claim to be related shall be identified below, together with the names
of the persons through whom they claim to be related. You are not required
to provide information concerning relationships unless more than three adults
reside in the dwelling, and the dwelling is located in an R-1 or R-2 Zone.:
Name: ______________________________Relationship:_____________________
Name: ______________________________Relationship:_____________________
Name: ______________________________Relationship:_____________________
NOTICE OF DISCLOSURE TO OCCUPANTS
PLEASE READ CAREFULLY THE INFORMATION PROVIDED BELOW CONCERNING LOCAL LAWS
AND DISCUSS IT WITH YOUR LANDLORD. THIS NOTICE PROVIDES INFORMATION
YOU WILL NEED TO KNOW WHILE LIVING IN A RENTAL DWELLING UNIT OR ROOMING HOUSE.
The summary paragraphs below are not meant to be a substitute for careful
reading of the complete ordinances found in the Athens City Code.
Occupancy Restrictions
Section 29.03.04 The Rental Dwelling or Rooming House Permit
shall state the maximum number of persons who may occupy the rental dwelling
or rooming house.
Front Yard Parking
Section 23.08.01 Exclusive of hard surface driveways where
parking is permitted, off-street parking areas or parking structures for
residential structures shall not be located in front of any residential structure.
Trash Can Placement
Section 5.02.03 All trash cans shall be kept in containers
stored out of view from the street behind the front edge of the house except
when the containers are at the curbside for pickup. Trash cans may
be placed at the curbside after 7:00 p.m. the day before the regularly scheduled
pickup day, plastic bags may be placed at curbside for pickup but no earlier
than 7:00 a.m. the day of regularly scheduled pickup. Trash cans and
recycling containers shall be removed from the curb by sundown on the pickup
day.
Litter
Section 29.12.01 & 13.07.06 All exterior property areas
and premises shall be maintained in a clean, safe and sanitary condition
free from any accumulation of rubbish or garbage. The occupant shall
maintain the exterior property area in a condition that does not deteriorate
or debase the appearance of the neighborhood or adversely alter the appearance
and general character of the neighborhood that creates a fire, safety, or
health hazard, or is a public nuisance that contributes to neighborhood blight.
No person shall place or dispose of any garbage or waste, or peelings of
vegetables or fruits, ashes, cans, bottles, wire, paper, cartons, boxes,
furniture, glass, oil, or anything else of an unsightly or unsanitary nature
on any land adjoining a public road.
Accumulation of Refuse
Section 29.34.02 & 5.02.11 Every occupant shall dispose
of all solid waste in a clean, safe, and sanitary manner by placing it in
containers equipped with tight-fitting covers.
Noise Control
Section 13.04.10 No person shall recklessly make or cause
to be made or continued or participate in any loud or unusual noise that
disturbs the peace and quiet.
Nuisance Party
Section 9.14 A social gathering or party which is conducted
on premises within the City and which, by reason of the conduct of the persons
in attendance, and results in any four or more of the following offenses
occurring at the site of the said party or social gathering, or on neighboring
public or private property: disorderly conduct; illegal open container;
outdoor urination or defecation in a public place; unlawful sale, furnishing,
dispensing or consumption of beer or intoxicating liquor; sale or furnishing
of beer or intoxicating liquor to an underage person; possession or consumption
of beer or intoxicating liquor by an underage person; illegal use of a controlled
substance; public indecency; unlawful deposit of litter or refuse; the damage
or destruction of property without the consent of the property owner; unlawful
pedestrian or vehicular traffic; standing or parking of vehicles that obstructs
the free flow of traffic on the public streets and sidewalks or that impedes
the ability to render emergency services; unlawfully loud noise; or any other
conduct or condition that threatens injury, inconvenience, or alarm to persons
or damage to property which is hereby declared to be an unlawful public nuisance.
Animal Control
Section 9.01.01 & 9.01.05 No animal shall be permitted
to run at large in any street or public ground, or to go upon or enter any
private yard or lot, without consent of the owner of such yard, lot or enclosure.
It is unlawful for any person in charge of any dog to take or allow said
dog to go onto public property or in a public place without being on a leash.
No person having charge or control of a dog shall permit such dog to cause
physical harm to any person. The person having charge of any animal
shall have in their possession necessary implements to remove any excrement
or objectionable wastes deposited on public or private, and shall remove
such excrement immediately. It shall be unlawful for any person to
harbor or keep a dog which by loud and frequent or habitual barking, howling
or yelping, shall cause annoyance or disturbance to the neighborhood.
Owner Confirmation: I hereby affirm that the above Declaration
of Compliance and information provided herein is true and correct and that
I have reviewed this form in its entirety with the above occupants.
I further affirm that the above occupants are the only occupants authorized
to reside at the rental dwelling unit located at the address of the rental
property identified above and that such occupancy by those persons complies
with current Athens City Code regulations.
I further understand and declare that this form and the information contained
herein are pursuant to current Athens City Code regulations. The penalty
for failure to have this form shall be a minor misdemeanor.
Date: _______________ Signature :______________________________( owner/agent)
Occupant Confirmation: I hereby affirm that the above Declaration
of Compliance and information contained herein are true and correct and that
if this information changes, I will be required to complete a new form.
I certify that the persons listed above are the only tenants or occupants
of the property listed above. I further certify that I have read the
Notice of Disclosure to Occupants and reviewed it with the owner/agent of
the property. I further understand and declare that this form and the
information contained herein are made pursuant to current Athens City Code
regulations. I know that the penalty for failure to have this form
is a minor misdemeanor.
Occupant Signature: ______________________________ Date: ____________________
Occupant Signature: ______________________________ Date: ____________________
Occupant Signature: ______________________________ Date: ____________________
Occupant Signature: ______________________________ Date: ____________________
Occupant Signature: ______________________________ Date: ____________________