City of Harrington, DE Chapter 108 Buildings, Vacant

[HISTORY: Adopted by the Mayor and Council of the City of Harrington 6-20-2011 by Ord. No. 11-01.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Addition of assessments to tax bills — See Charter § 12.4.12.4.

Building code — See Ch. 102, Art. II.

Property maintenance — See Ch. 305.

[1] Editor's Note: This ordinance also repealed former Ch. 108, Buildings, Vacant, adopted 10-1-2007 by Ord. No. 07-11.

§ 108-1 Purpose; applicability.

[Amended 6-16-2014 by Ord. No. 14-05]

A. Purpose. The purpose and intent of this chapter is to establish a registration and identification program of vacant buildings within the City. Vacant buildings are detrimental to the surrounding buildings and neighborhoods in which they exist. The chapter is also to ensure the public health, safety and welfare insofar as they are affected by vacant buildings within the City. The health, safety and welfare of the neighborhoods in which vacant buildings are located are of the utmost importance to the City, as is the general community character in which these vacant buildings are located.

B. Applicability. The provisions of this chapter shall apply to all matters affecting or relating to vacant buildings. Where, in this Code, different sections of this Code may specify different requirements, the most restrictive shall govern. A vacant building is defined as a building, structure or dwelling unit or commercial unit within a building that has been left unoccupied or unattended for three months or more. A building is considered unoccupied or unattended when it is no longer being used for the accustomed and ordinary purpose of the building and/or is no longer connected to utilities or maintained according to the property maintenance code.

§ 108-2 Registration; fee.

A. Registration of building. There are two ways to register the building as vacant.

(1) The owner shall register with the City not later than 30 days after any building in the City becomes vacant, as defined by § 108-1.

(a) The registration of the vacant building shall include the site address, the name of the current owner or owners, current address of the owner and of all applicable owners, tax parcel number, proof of insurance on the building, description of the condition of the building, plans for the building (to eliminate the vacancy), the responsible person or agent and their contact information and any other applicable information. If any information changes the owner is responsible for informing the City of those changes in a timely manner.

(2) The Code Enforcement Officer or his designee shall investigate any property that may be subject to registration. Based upon his findings, the Code Enforcement Inspector may register the property as a vacant building subject to this chapter.

[Amended 6-16-2014 by Ord. No. 14-05]

(a) Notice of registration. Within five business days of such registration, the licensing and permitting office shall notify the owners of the registered property by certified mail at their last known address according to the records of the City and Kent County. Within 30 days, the owner shall provide the information required by Subsection A(1) of this section.

(b) Registration fee.

[1] The registration administrative fee shall be paid at the time of registration. If the Code Enforcement Officer registers the building as vacant, the fee shall be due not later than 30 days after the building is registered as vacant. The registration fee includes the inspection for the first year.

[2] The registration administrative fee is provided for in Chapter 180, Municipal Fees.[1]

[1] Editor's Note: Former § 108-3, Exemptions, which immediately followed this subsection, was repealed 6-16-2014 by Ord. No. 14-05.

§ 108-3 Monitoring, inspection and condition standards.

[Amended 6-16-2014 by Ord. No. 14-05]

A. The Code Enforcement Officer shall inspect any premises in the City for the purpose of enforcing and assuring compliance with the provisions of this chapter. Upon request of the Code Enforcement Officer, an owner shall provide access to all interior portions of a vacant building in order to permit a complete inspection.

B. Once a building/structure/unit or residence (hereinafter referred to as "building") is registered as a vacant building, the vacant building shall be inspected as deemed necessary by the Code Enforcement Officer and charged an inspection fee as stated in Chapter 180, Municipal Fees, for as long as it is vacant.

C. The vacant building shall be secured.

D. The property owner may apply in writing for utility disconnection rates as stated in Chapter 180, Fees, Municipal and further defined in Chapter 399, Utility Services, Payment for. All registered vacant buildings must have the water meters read quarterly to ensure services are not being provided.

E. Any corporation, partnership or artificial entity owning a vacant building shall have a designated member, partner, or employee having charge, care and control of the vacant building. The designated member, partner or employee shall reside in or have an office located within 50 miles of the City limits of the City, or shall be required to have a licensed property manager residing or having an office located within 50 miles of the City limits of the City, or other designated individual who does not manage any other real estate for a fee, and who resides within 50 miles of the City limits of the City, acting as a property manager. The property manager or other designated individuals shall have charge, care and control of the vacant building and shall provide access to the vacant building for inspection, upon request by the Code Enforcement Officer, within 30 days.

F. Any owner of a vacant building residing more than 50 miles from the City limits of the City shall be required to have a licensed property manager residing or having an office located within 50 miles of the City limits of the City, or a family member or other designated individual who does not manage any other real estate for a fee and who resides within 50 miles of the City limits of the City acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care and control of the vacant building, and shall provide access to the vacant building for inspection upon request by the Code Enforcement Officer, within 30 days.

§ 108-4 Violations and penalties.

A. If the registration fee is not paid within 30 days of being due, the owner shall be in violation of this chapter. The owner shall be assessed a fine as set forth in Chapter 180, Municipal Fees, for each month the property remains vacant and unregistered.

[Amended 6-16-2014 by Ord. No. 14-05]

B. Any fines imposed pursuant to this article which remain unpaid shall be placed by the City as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the City Solicitor shall be directed to enforce the lien or to collect the charges imposed by the City by any other means he may deem desirable and most advantageous.

[Amended 6-16-2014 by Ord. No. 14-05]

C. The fee will be added to the parcel's tax bill.

D. All fees and fines shall be paid in full prior to the issuance of any building permits for the subject building and for any other building that is owned by the owner within the City.

[Amended 6-16-2014 by Ord. No. 14-05]

§ 108-5 Appeals.

[Amended 6-16-2014 by Ord. No. 14-05]

An appeal of the Code Enforcement Officer's decision must be made in writing and received by the Clerk of Council within 30 days of the decision. The appeal would be heard by the City Council.