[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 12-14-2015 by Ord.
No. O-16-02. Amendments noted where applicable.]
This chapter shall be known as the "Vacant Building and Vacant
Lot Code" for the City of Seat Pleasant.
The health, welfare, and safety of the citizens of the City
need to be protected from the ill effects of poor property maintenance
and all ramifications arising therefrom. Further, the value of all
property within the corporate limits of the City needs to be protected
from said ill effects and ramifications. Thus, the City Council hereby
establishes requirements for the registration of vacant properties,
including buildings and lots.
A.
VACANT BUILDING
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A building that is: empty; not occupied on a regular and
habitual basis by the owner, tenant, agent of the owner, or other
person having permission of the owner on a regular and habitual basis
for the usual and customary purposes for which the building is designed
and lawfully permitted; or partially occupied as defined herein.
B.
Obligation to register vacant buildings.
(1)
Commercial and industrial buildings. Except as provided in Subsection B(3) below with respect to rental properties that are less than 25% occupied and in Subsection B(4) and (5) below with respect to single-family dwellings, whenever any commercial or industrial building in the City is vacant for more than 60 days, or whenever any building in the City is vacant and such building or premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such a building as a vacant building and submit a vacant building plan.
(2)
Mixed-use residential and commercial properties. Whenever the commercial portion of any mixed-use residential and commercial building in the City is vacant for more than 60 days, or whenever any such portion of such building in the City is vacant and such portion of such building or the premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such portion of the building as a vacant building and submit a vacant building plan. Whenever the residential portion of any mixed-use residential and commercial building in the City is less than 25% occupied for more than 60 days, or whenever any such portion of the building in the City is less than 25% occupied and such portion of the building or the premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such portion of the building shall, within 10 business days of notification by the City, register such portion of the building as a vacant building and submit a vacant building plan.
(3)
Residential rental properties less than 25% occupied. Whenever any building designed as a rental property with four or more dwelling units is less than 25% occupied or such building or premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such building as a vacant building and submit a vacant building plan.
[Amended 10-9-2017 by Ord. No. O-18-02]
(4)
Single-family dwellings, previously not owner-occupied. Whenever any building designed as a single-family dwelling is vacant and the immediately preceding occupant was not the owner or such building or premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such building as a vacant building and submit a vacant building plan.
[Amended 10-9-2017 by Ord. No. O-18-02]
(5)
Single-family dwellings, previously owner-occupied; new owner will not occupy. Whenever any building designed as a single-family dwelling is vacant and the immediately preceding occupant was the owner and ownership has changed hands and the new owner will not occupy the premises or such building or premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such building as a vacant building and submit a vacant building plan.
[Amended 10-9-2017 by Ord. No. O-18-02]
(6)
Single-family dwellings, previously owner-occupied; new owner will occupy. Whenever any building designed as a single-family dwelling is vacant and the immediately preceding occupant was the owner and ownership has changed hands and the new owner will occupy the premises and such building or premises thereof contains one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the owner of such building shall, within 10 business days of notification by the City, register such building as a vacant building and submit a vacant building plan.
D.
Notice of registration requirement. Upon a determination by the City Administrator that a building in the City is required to be registered as set forth herein, the City Administrator or his/her designee shall provide notice to the owner or agent of the requirement to register the building and submit a vacant building plan to the City Administrator. In the event of the existence of one or more violations of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, in connection with the building or premises thereto, then the City Administrator shall specify in the notice the existence of such violation(s). The failure of the City Administrator to provide this notice, or the failure of an owner to receive notice from the City Administrator, shall not relieve the owner of the obligation to register such building as a vacant building and submit a vacant building plan.
[Amended 10-9-2017 by Ord. No. O-18-02]
E.
Registration of vacant buildings; filing fee.
(1)
The owner or agent registering a vacant building shall supply the
following information:
(a)
The name, address, and telephone number of the owner.
(b)
The name, address, and telephone number of any local agent or
representative.
(c)
The name, address, and telephone number of all persons with
any ownership interest in the building and premises.
(d)
The name, address, and telephone number of any and all mortgagors.
(e)
The legal description and tax account number of the premises
on which the building is situated.
(f)
The common street address of the building.
(g)
The date on which the building became vacant.
(h)
A vacant building plan.
(2)
The vacant building registration shall be filed with the City Administrator.
All such registrations shall be accompanied by a filing fee as established
and amended from time to time by resolution of the City Council.
(3)
Registration of a vacant building shall be valid for a period of
six months. If the building is still vacant at the expiration of any
six-month registration period and the requirements of the vacant building
plan are not completed, then the owner shall reregister such building
and pay another filing fee.
(4)
If the building is still vacant at the expiration of any six-month registration period but the requirements of the vacant building plan are completed, the owner shall reregister such building, without the requirement of a new vacant building plan but with a payment of 25% of the usual filing fee if the building was required to be registered under Subsection B(1) through (5) herein.
F.
Other enforcement. The registration of a vacant building shall not
preclude action by the City to force repair of the building or to
initiate condemnation and demolition of the building pursuant to other
provisions of this chapter or other applicable law.
G.
Vacant building plan. When a building is registered as required herein,
the owner or agent of the owner shall submit a vacant building plan.
The plan shall contain the following:
(1)
A plan of access to the interior by the Code Enforcement Officer,
or his/her designee, of sufficient frequency to determine that, from
evidence on the interior, the exterior structure is in good repair,
structurally sound and sanitary, and weatherproof.
(2)
A plan of action to repair any doors, windows, or other openings
which are boarded up or otherwise secured by any means other than
conventional methods used in the design of the building or permitted
for new construction of similar type. The proposed repair shall result
in openings secured by conventional methods used in the design of
the building or by methods permitted for new construction of similar
type.
(3)
For buildings and property which are identified as being in violation of Chapter 67, Buildings, Unfit; Property Maintenance, of the City Code, as amended from time to time, then the vacant building plan shall contain a plan of action to remedy such violation(s).
(4)
For each required plan, a time schedule shall be submitted identifying
a date of commencement of repair and date of completion of repair
for each improperly secured opening and identified violation.
(5)
Whenever the owner proposes to demolish the vacant building, then
the owner shall submit a plan and time schedule for such demolition
and obtain the necessary permit(s) as required pursuant to other provisions
of this chapter or other applicable law.
H.
Placarding. The owner or agent of the registered building shall place
a City-provided identification placard on the building's exterior
as directed by the City so as to be clearly visible from the nearest
public right-of-way. Such identification placard shall be kept in
readable condition by the owner or agent and shall provide the following
information: the owner's name, address, phone number, and expiration
date of registration. The City may require removal of all other signage
and graffiti at the owner's expense.
I.
Approval of plan. If the proposed vacant building plan complies with
the standards herein and in any regulations to be promulgated by the
City Administrator, the Code Enforcement Officer shall approve it.
If the Code Enforcement Officer approves the plan, notice shall be
sent to the owner or agent of the vacant building.
J.
Authority to modify and appeal right. The Code Enforcement Officer
shall, upon notice to the vacant building owner or agent, have the
right to modify the vacant building plan by altering the dates of
performance or the proposed methods of action. If the owner or agent
of the vacant building objects to the modifications made by the Code
Enforcement Officer, such owner or agent shall have the right of appeal
to the City Administrator for final determination. Such appeal shall
be in writing and personally delivered or sent by certified mail,
return receipt requested, to the City Administrator within 15 calendar
days of the date of the Code Enforcement Officer's notice of
modification. If no appeal is filed, then the plan as modified by
the Code Enforcement Officer shall constitute the approved vacant
building plan.
K.
City Administrator's review on appeal.
(1)
The City Administrator shall specify a time and place for an appeal
conference on a vacant building plan and shall advise the owner, in
writing, of the time and place of the appeal conference. At the appeal
conference, the owner shall be permitted to present reasons to support
the appeal and relevant evidence why the Code Enforcement Officer's
modifications of the vacant building plan should be rejected.
(2)
In considering the appropriateness of a vacant building plan on appeal,
the City Administrator shall consider the following:
(a)
The public interest in minimizing the period of time a building
is vacant, boarded up, and/or has any defects which constitute public
nuisances;
(b)
The effect of the proposed plan on adjoining property and/or
the neighborhood in which the building is located;
(c)
Whether there is practical difficulty or unnecessary hardship
(financial or otherwise) to the owner connected with the performance
on any act required by the plan;
(d)
The length of time the building has been vacant; and
(3)
After the appeal conference, the City Administrator shall render
his/her decision on the owner's or agent's appeal of the
Code Enforcement Officer's modifications to the proposed vacant
building plan. The City Administrator shall have the right to fashion
his/her own vacant building plan or to approve or modify the plan
submitted by the owner or agent or to approve or further modify the
plan as modified by the Code Enforcement Officer. The decision of
the City Administrator shall be final and constitute the approved
vacant building plan.
L.
Failure to submit or to comply with plan.
(1)
If an owner of a vacant building fails to submit a vacant building
plan, the Code Enforcement Officer shall develop a plan and give notice
of the plan to the vacant building owner or agent. If the owner or
agent objects to the plan made by the Code Enforcement Officer, such
owner or agent shall have the right of appeal to the City Administrator
for final determination. Such appeal shall be in writing and personally
delivered or sent by certified mail, return receipt requested, to
the Code Enforcement Officer within 15 calendar days of the date of
the Code Enforcement Officer's notice of modification. If no
appeal is filed, then the plan as modified by the Code Enforcement
Officer shall constitute the approved vacant building plan.
(2)
Failure to comply with an approved vacant building plan shall constitute
a violation of this chapter.
M.
Change of ownership. The vacant building plan shall remain in effect
even if ownership changes. Within 30 calendar days of the date of
any change of ownership, the new owner or agent shall file a new vacant
building registration with the City and supply the name, address,
and telephone number of the new owner(s). The new registration shall
be in the same form as the original registration and shall be accompanied
by a filing fee of 25% of the usual filing fee.
A.
Registration required.
(1)
Owner to register annually. By July 1 of each year, each owner of
a vacant lot shall file a vacant lot registration statement with the
City on a form provided by the City Administrator or his/her designee.
The registration statement shall be accompanied by an annual registration
fee, as established and amended from time to time by resolution of
the City Council.
(2)
Purchaser required to register upon acquisition. A new owner of a
vacant lot must file a registration statement within 30 days of the
acquisition and pay the annual registration fee, unless that fee was
already paid by the prior owner.
(3)
Information required with registration. The registration statement
shall contain the following information:
(a)
A description of the vacant lot by street address, property
tax account identification number, and any other information required
in order to accurately identify the vacant lot;
(b)
The name, address (which shall not be a post office box), and
telephone number of the property owner of record, and in addition,
if the owner is a corporation, limited-liability company, limited-liability
partnership, limited partnership, or other such entity, the name,
address, and telephone number of the resident agent and, if the owner
is an entity not having a resident agent, the name, address, and telephone
number of all partners, owners, or officers of the owner or of the
owner's authorized agent; and
(c)
The name, address (which shall not be a post office box), and
telephone number of the owner's authorized agent if an agent
has been designated by the owner.
(4)
The City Administrator shall be notified within 14 days of any change
in the agent designated by the owner or any change in the address
of the owner or agent.
B.
Exception to vacant lot registration requirement. No registration
of a vacant lot is required if:
(1)
The vacant lot is zoned as residential and the owner occupies a residence
on a lot contiguous to the vacant lot;
(2)
The vacant lot is contiguous to a lot with an occupied building and
both lots are under common ownership; or
(3)
The vacant lot is being utilized as a parking lot in compliance with
applicable law.
A.
Municipal infraction. The failure to register a property or lot as required hereunder, to pay the required registration fee, or to provide all information required with registration shall be a municipal infraction, subject to a fine of $200 and punishable as set forth in Chapter 110, Municipal Infractions, of the City Code, as amended from time to time. Each additional 60 days a violation continues shall be deemed to be a separate violation and subject to an additional fine of $200.
B.
Lien on real property. All registration fees, when overdue, shall
be a lien in favor of the City on the subject property and may be
collected and enforced in the same manner as delinquent real property
taxes, to the extent permitted by law.
