[HISTORY: Adopted by the City Council of the City of Las
Vegas 6-15-2005 by Ord. No. 05-06. Amendments noted where applicable.]
This chapter may be known and cited as the "Vacant Building
Ordinance."
A.
Vacant buildings throughout the City are being neglected and are
not being cleaned up or maintained for years by owners or agents in
control of the properties, which are significantly reducing the attractiveness
of the City and creating public nuisances in business and family neighborhoods
around Las Vegas.
B.
Vacant buildings throughout the City are resulting in negative community
impacts contributing to neighborhood deterioration, reducing property
values and are contrary to providing safe, clean, livable and healthy
communities for families and businesses.
C.
The purpose of this chapter is to ensure that owners' responsibilities
to clean up and maintain vacant properties are performed in a timely
and consistent manner.
Vacant buildings that are not maintained and licensed in conformity
with this chapter are declared a public nuisance.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
- OWNER
- Includes any person that holds record title to the property and any person entitled under any agreement to the control or direction of the management or disposition of the building or premises or of any part of the building or premises where the violation in question occurs.
- VACANT BUILDING
- A residential or commercial building which is lacking habitual presence of natural persons who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased. Residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property. Multifamily residential property containing five or more dwelling units shall be considered vacant when substantially (60%) all of the dwelling units are unoccupied. Lodging and multi-unit commercial properties shall be considered vacant when substantially (60%) of the units are unfit for use or unoccupied. Notwithstanding the foregoing, if the City Manager determines that a substantial, unoccupied portion of an otherwise occupied structure has the potential for becoming a nuisance or having a negative affect on the neighborhood, the City Manager may notify the property owner that a vacant building maintenance license shall be required for the unoccupied portion of the otherwise occupied building. If a vacant building is used for the storage of materials related to a commercial enterprise, the owner must possess a valid business license consistent with said business. If stored materials are not related to a commercial enterprise and determined by the City Manager or designee to be a nuisance, fire hazard or having a negative affect on the neighborhood, the owner may not obtain a vacant building maintenance license until such time as the unacceptable conditions are addressed.
A.
Application. Application for a vacant building maintenance license
shall be made on a form provided by the City Manager and verified
by the owner.
B.
Inspection.
(1)
Inspection by City. The City Manager shall cause an inspection of the premises for the purpose of determining that it will be safe for entry by firefighters and police officers in time of emergency, and that the building complies with the vacant building maintenance standards set forth in § 148-5D. If the building does not so comply, the City Manager or designee shall promptly specify the deficiencies and may specify the time for completion of the work. The City Manager may conditionally grant a license while the owner completes the work necessary for the building to comply with the standards set forth in § 148-5D.
(2)
Inspection by Assessor's Office. The City Manager shall coordinate
an inspection of the premises with the San Miguel County Assessor's
Office for the purpose of determining proper valuation and assessment
of stored materials.
C.
Issuance. The City Manager or designee shall issue a vacant building maintenance license on being satisfied after having inspected the building that the building is in compliance with the vacant building maintenance standards set forth in § 148-5D; otherwise, the City Manager or designee shall deny the license or may conditionally grant the license while the owner completes the work necessary to comply with the standards.
D.
Vacant building maintenance standards.
(1)
Building openings. Doors, windows, areaways and other openings are
weathertight and secured against entry by birds, vermin and trespassers.
Missing or broken doors, windows and opening coverings must be replaced
or covered with one-half-inch CDX plywood, painted grey, weather protected,
and tightly fitted to the opening and secured by screws or bolts.
(2)
Roofs. The roof and flashings are sound, tight, will not admit moisture,
and drained to prevent dampness or deterioration in the walls or interior.
(3)
Drainage. The building storm drainage system is adequately sized,
installed in an approved manner, functional and discharged in an approved
manner.
(4)
Building structure. The building is maintained in a good repair,
structurally sound, free from debris, rubbish and garbage, and sanitary,
so as not to pose a threat to the public health or safety.
(5)
Structural members. The structural members are free of deterioration
and capable of safely bearing imposed dead and live loads.
(6)
Foundation walls. The foundation walls are plumb, free from open
cracks and breaks, and verminproof.
(7)
Exterior walls. The exterior walls are free of holes, breaks, and
loose or rotting materials. Exposed metal and wood surfaces are protected
from the elements and against decay or rust by application of weather-coating
materials, such as paint or similar surface treatment as needed or
determined by the City Manager or designee.
(8)
Decorative features. The cornices, belt courses, corbels terra cotta
trim, wall facings and similar decorative features are safe, anchored,
and in good repair. Exposed metal and wood surfaces are protected
from the elements and against decay or rust by application of weather-coating
materials, such as paint or similar surface treatment as needed or
determined by the City Manager or designee.
(9)
Overhanging extensions. All balconies, canopies, marquees, signs,
metal awnings, stairways, fire escapes, standpipes, exhaust ducts
and similar features are in good repair, anchored, safe and sound.
Exposed metal and wood surfaces are protected from the elements and
against decay or rust by application of weather-coating materials,
such as paint or similar surface treatment as needed or determined
by the City Manager or designee.
(10)
Chimneys and towers. Chimneys, cooling towers, smokestacks,
and similar appurtenances are structurally safe. Exposed metal and
wood surfaces are protected from the elements and against decay or
rust by application of weather-coating materials, such as paint or
similar surface treatment as needed or determined by the City Manager
or designee.
(11)
Sidewalk openings. Openings in sidewalks are safe for pedestrian
travel. Sidewalks are kept free of snow, ice and debris.
(12)
Accessory and appurtenant structures. Accessory and appurtenant
structures such as garages, sheds, and fences are free from safety,
health, and fire hazards.
(13)
Premises. The premises on which a structure is located is clean,
safe and sanitary and does not pose a threat to the public health
or safety.
(14)
External appearance. The external appearance of the structure
and premises shall be maintained in such a manner that the vacant
building will not be unreasonably detrimental to property values or
the character of the neighborhood as determined by the City Manager
or designee.
E.
Insurance.
(1)
Certificate of insurance. Upon application for a vacant building
maintenance license, the owner shall provide a certificate(s) of insurance
for commercial liability, if a commercial building; a certificate
of insurance for personal, premises or both types of liability insurance;
and a fire legal endorsement, if applicable.
F.
Designation of local agent.
(1)
In addition to other information required by the City Manager, the
application shall include the name, street address and telephone number
of a natural person 21 years of age or older, designated by the owner
or owners as the authorized agent for receiving notices of code violations
and for receiving process, in any court proceeding or administrative
enforcement proceeding, on behalf of such owner or owners in connection
with the enforcement of this chapter. This person must maintain an
office in San Miguel County, New Mexico, or must actually reside within
San Miguel County, New Mexico. An owner who is a natural person and
who meets the requirements of this subsection as to location of residence
or office may designate himself as agent. By designating an authorized
agent under the provisions of this subsection, the owner is consenting
to receive all legal notices regarding the vacant building. The agent's
designation for the purposes of this subsection continues until the
owner notifies the appropriate department or division thereof of a
change of authorized agent or until the owner files an application
for a renewal of the vacant building maintenance license.
(2)
Any owner who fails to register a vacant building under the provisions
of this chapter shall be deemed to consent to receive, by posting
at the building and by regular mail to the owner's address of
record in the San Miguel County Assessor's Office, any and all
notices of code violations and all process in an administrative proceeding
brought to enforce code provisions concerning the building.
G.
Procedure for renewal.
(1)
At the time of application for a renewal of a vacant building maintenance license, the owner may arrange with the City Manager or designee for the inspection of the building, its premises and interior. If the owner fails or refuses to consent to and arrange for an inspection, the application for renewal shall be denied. The City Manager or designee shall renew a vacant building maintenance license on being satisfied after having inspected the building that the building is in compliance with the vacant building maintenance standards set forth in § 148-5D; otherwise the City Manager shall deny renewal.
(2)
The license renewal shall be for one year, which renewal shall run
from the date of expiration of the previously issued or renewed license.
H.
Multiple year renewals. It is the policy of the City that multiple
year renewals of a vacant building maintenance license are generally
discouraged. An exception to this policy is recognized in circumstances
where it would not be feasible to promptly lease, repair or restore
a building and it would not be desirable to raze the building. Included
in this exception are historical buildings, landmarks, buildings in
redevelopment areas, and other properties that are subject to unique
factors or conditions that require special consideration.
I.
Fees.
(1)
Commercial, business, industrial zoned property. A nonrefundable
fee of $50 shall be charged for processing each vacant building maintenance
license and for each application for any renewal of a vacant building
maintenance license. A separate application shall be completed for
each noncontiguous structure, excluding accessory and appurtenant
structures to the main structure. Upon approval of any vacant building
maintenance license or approval of any renewal of any vacant building
maintenance license, a license fee of $300 shall be paid as a condition
of the license or renewal thereof. All fees and penalties assessed
pursuant to this chapter shall be dedicated to the City's Abatement
Fund or similar fund.
(2)
Agricultural, residential zoned property. A nonrefundable fee of
$25 shall be charged for processing each vacant building maintenance
license and for each application for any renewal of a vacant building
maintenance license. A separate application shall be completed for
each noncontiguous structure, excluding accessory and appurtenant
structures to the main structure. Upon approval of any vacant building
maintenance license or approval of any renewal of any vacant building
maintenance license, a license fee of $150 shall be paid as a condition
of the license or renewal thereof. All fees and penalties assessed
pursuant to this chapter shall be dedicated to the City's Abatement
Fund or similar fund.
A.
Parties liable.
(1)
Unless otherwise specifically provided, the owner, his agent for
the purpose of managing, controlling or collecting rents and any other
person managing or controlling a building or premises in any part
of which there is a violation of the provisions of this chapter shall
be liable for any violation therein, existing or occurring, or which
may have existed or occurred, at or during any time when such person
is or was the person owning or managing, controlling, or acting as
agent in regard to said buildings or premises and is subject to injunctions,
abatement orders or other remedial orders.
(2)
The liabilities and obligations imposed on an owner shall attach
to any mortgage company or any other person with or without an interest
in the building or premises who knowingly takes any action in any
judicial or administrative proceeding that is intended to delay issuance
or enforcement of any remedy for any violation of this chapter; provided
that with respect to fines such person shall be liable only for fines
which accrue on or after the date of such action; and further provided
that no liability shall be imposed under this chapter for any action
taken in any proceeding, including a proceeding to foreclose on a
lien, that does not delay or prevent the prosecution of any action
brought by the City Manager or designee to enforce this chapter.
B.
Civil penalties.
(1)
Thirty days after a building becomes a vacant building with no vacant building maintenance license application, or renewal application, having been submitted, the owner shall be liable for a civil penalty of $500. The City Manager's designee shall notify the owner as provided in § 148-5F of the statutory penalty.
(2)
The owner shall have 30 days after notification of the initial $500
civil penalty to acquire a vacant building maintenance license or
to renew a vacant building maintenance license. The City Manager may
abate all or a portion of the initial $500 civil penalty if the owner
acquires or renews that vacant building maintenance license within
the thirty-day period after notification of the initial penalty and
if the City Manager finds that imposition of the initial $500 civil
penalty would be unjust.
(3)
If no vacant building maintenance license is acquired or renewed
within 30 days after the notification of the initial $500 civil penalty,
the owner shall be liable for a second $500 civil penalty.
(4)
If the owner of the building is continuing to maintain a vacant building without a vacant building maintenance license after being notified, pursuant to § 148-5F, of the second $500 civil penalty, the City Manager may impose daily civil penalties of up to $100 per day for every day an owner maintains a building without a vacant building license after receiving notification of the second $500 civil penalty. Each day after receiving notification of the second $500 civil penalty is a separate occurrence and a separate violation of this chapter. The City Manager shall notify, pursuant to § 148-5F, the owner of the accrual of the civil penalties at least once per week.
(5)
The City Manager may abate the second $500 civil penalty or any subsequent
daily penalties only upon the owner affirmatively establishing that
the owner was not negligent in failing to comply with this chapter.
(6)
The City Manager may extend the time periods for acquiring or renewing
a vacant building maintenance license, if a request for extension
is made prior to the expiration of any time period and if the owner
or other interested party is engaged in good faith negotiations with
the City Manager or City Manager's designee regarding the conditions
or requirements of any vacant building maintenance license.
C.
Lien. In addition to being the personal liability of the owner, the
civil penalties provided in this chapter shall be a lien on the property
and may be filed and foreclosed in the manner provided by NMSA §§ 3-36-1
through 3-36-7. With regard to an innocent creditor with a mortgage
on the property, the City Manager may subordinate all or part of the
civil penalty to the mortgage if the City Manager finds that enforcing
the statutory priority of the penalty assessment lien would be unjust
under the circumstances.
D.
Criminal penalties. Any violation of this chapter may, in addition
to any other remedy provided by law, be punished in accordance with
the City's criminal code procedure.
E.
Judicial enforcement. The City Manager may bring an action in any
court of competent jurisdiction to acquire preliminary injunctive
relief or any other appropriate remedy to enforce this chapter. The
City's costs and attorney fees incurred in any such action shall
be a lien on the property that may be filed and foreclosed in the
manner provided by NMSA §§ 3-36-1 through 3-36-7.
A.
The owner or other interested party may appeal the determination of either the refusal to grant a vacant building maintenance permit, the refusal to renew a vacant building maintenance permit, or any civil penalty provided for in this chapter. The appeal is to the City of Las Vegas Board of Adjustment by filing an appeal within 30 calendar days of the date of service, pursuant to § 148-5F or in person, of the notice of the refusal to grant a vacant building maintenance permit, the refusal to renew a vacant building maintenance permit or the notice of any civil penalty provided in this chapter. Such request shall be made in writing and filed in the Office of the City Clerk. The appeal shall identify the property and state the grounds for appeal together with all material facts in support thereof. A filing fee of $50 shall accompany each appeal application. When an appeal hearing is requested, the City staff for the Board of Adjustment shall send written notice by certified mail, return receipt requested, to the owner of the time and place of the hearing and shall publish and post notice of appeal hearing. At the hearing the owner or other interested party shall have the right to present evidence as relating to whether the City Manager or City Manager's designee engaged in an abuse of discretion by not approving or renewing a vacant building maintenance license or relating to whether a civil penalty should have been imposed. The Board of Adjustment shall, following the hearing, issue a written decision.
B.
If the City Manager refuses to exercise his discretion to abate,
reduce or subordinate a civil penalty that has been properly imposed,
such refusal shall not be reviewable by appeal. With regard to civil
penalties provided for by this chapter, the Board of Adjustment's
jurisdiction is limited to the issue of whether the penalty was properly
imposed. In order to protect the City's interests, a lien for
the civil penalty may be filed while the appeal is pending; any lien
securing a civil penalty shall be promptly released or partially released
if and to the extent the Board of Adjustment rules in favor of the
owner or other interested party.