[Ord. No. 24-05, 2-5-2024]
It is the purpose of this Chapter to provide for the effective
monitoring and routine inspection of vacant buildings and structures
that, due to Building Code violations, may endanger the life, health,
property, safety or welfare of the general public and this Chapter
shall apply to all commercial structures that have been vacant for
more than six (6) months and that are subject to Building Code violations.
[Ord. No. 24-05, 2-5-2024]
The following words and phrases, when used in this Chapter,
shall have the meanings respectively ascribed to them:
BUILDING CODE
The local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of commercial buildings.
COMMERCIAL STRUCTURE
A structure devoted primarily to commercial use, whether
classified as residential or commercial.
[Ord. No. 24-05, 2-5-2024]
Every parcel of commercial property improved by a structure,
that is vacant and has been vacant for at least six (6) months and
is characterized by violation of the Building Code shall be registered
as a vacant commercial structure and shall be subject to the registration
fee.
[Ord. No. 24-05, 2-5-2024]
A. Registration.
The Building Inspector for the City or his/her designee shall investigate
any property that may be subject to registration. Based upon his/her
findings, the inspector may register property as a vacant commercial
structure to this Chapter.
B. Notice
Of Registration. Within five (5) business days of such registration,
the City Clerk shall notify the owners of the registered property
by mail at their last known address according to the records of the
City and Butler County. Such notice shall state:
1. A description of the property registered;
2. A description of the Building Code violations found on the property;
3. The fact that a semi-annual registration fee has been levied on the
property; and
4. The amount of the semi-annual registration fee.
C. Time
To Cure — Reconsideration. Within thirty (30) days of the date
of notification, the property owner may complete any improvements
to the property that may be necessary to remove the property from
registration under this Chapter and may request a reinspection of
the property and reconsideration of the levy or the registration fee.
Upon receipt of a written request for reconsideration of the levy
or the registration fee which sets out the reasons claimed by the
property owner as to why the registration fee should be waived, the
inspector may waive the registration fee following timely compliance.
D. Appeal
Of Fee And/Or Reconsideration To Municipal Court. Within thirty (30)
days of the date of such notification or within thirty (30) days of
the date of reconsideration by the inspector, the property owner may
appeal the decision to the office of the Municipal Court for the City.
[Ord. No. 24-05, 2-5-2024]
A. Amount
Of Fee. There is hereby established and assessed a semi-annual fee
in the amount of five hundred dollars ($500.00) imposed on all owners
of property registered under this Chapter.
B. Owner
Responsible. It shall be the joint and several responsibility of each
owner of property registered pursuant to this Chapter to pay the semi-annual
registration fee.
C. Accrual
Of Fee. The registration fee shall begin to accrue on the beginning
of the second (2nd) calendar quarter after registration by the inspector
or reconsideration by the inspector; however, in the event that an
appeal is filed with the Municipal Court, the registration fee shall
begin to accrue on the beginning of the second (2nd) calendar quarter
after the final decision of the Municipal Judge or court of competent
jurisdiction.
D. Billing
Procedures — Late Penalties. The City Collector shall cause
to be mailed to the owner of property registered under this Chapter,
at his/her last known address, a bill for the semi-annual registration
fee. The fee shall be due and payable within thirty (30) days of mailing.
In addition to any other penalties provided by law, if an owner fails
to pay the fee assessed for such property within thirty (30) days
of the date of mailing, a late payment fee of twenty-five dollars
($25.00) per month shall be assessed for each month during which the
fee remains unpaid.
E. Failure
To Pay Fee Unlawful. It shall be unlawful for any owner of property
registered pursuant to this Chapter to fail to pay the registration
fee imposed for such property. Any person found guilty of failing
to pay any required fee shall be punished as provided in the Municipal
Code.
F. Collection
Of Delinquent Fees — Lien On Property And Other Effects Of Delinquent
Fees — Foreclosure Proceedings.
1. Action To Recover. In addition to any other penalties provided by
law, the City may initiate and pursue an action in a court of competent
jurisdiction to recover any unpaid fees, interest and penalties from
any person liable therefore and, in addition, may recover the costs
of such action, including reasonable attorney fees.
2. Lien On Property. Any unpaid or delinquent fee, interest and/or penalties,
whether or not reduced to judgment, shall constitute a lien against
the property for which the fee was originally assessed until the same
shall be fully satisfied. The City Collector is authorized to take
all steps necessary to file and perfect such liens as may be required
or directed by the inspector from time to time.
3. Obtaining Permits Prohibited. In addition to any other penalties
provided by law, if an owner fails to pay the fee assessed for such
property, including any late payment fee subsequently imposed, within
sixty (60) days of the date of mailing of the initial bill, said owner
shall not be permitted to apply for, obtain or renew any City license
or permit of any kind until such delinquency has been satisfied.
4. Foreclosure. Any registration fees which are delinquent for a period
of one (1) year shall be subject to foreclosure proceedings in the
same manner as delinquent real property taxes. The owner of the property
against which the assessment was originally made shall be able to
redeem the property only by presenting evidence that the violations
of the applicable Building Code cited by the inspector have been cured
and presenting payment of all registration fees and penalties.
5. Sale Of Property. Upon bona fide sale of property to an unrelated
party, the lien on such property for the registration fees shall be
considered released and the delinquent registration fee forgiven.