It is the purpose and intent of the City to establish a process
to address the deterioration and blighted property of City neighborhoods
caused by an increasing amount of abandoned, foreclosed or distressed
real property located within the City, and to identify, regulate,
limit and reduce the number of abandoned properties located within
the City. It is the City's further intent to establish a registration
program as a mechanism to protect neighborhoods from becoming blighted
property due to the lack of adequate maintenance and security of abandoned
and foreclosed properties.
This chapter shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the City above and beyond any other federal, state, county or local provisions for the same, including, but not limited to, Chapter
563 entitled "Registration of Vacant Buildings." In the event any real property is subject to both this chapter and said Chapter
563, compliance with this chapter shall constitute compliance with said Chapter
563.
Pursuant to the provisions of §
560-5, the City or designee shall establish a registry cataloging each abandoned property within the City, containing the information required by this chapter.
Failure of the mortgagee and/or owner to properly maintain the
property in accordance with all applicable codes of the City may result
in a violation of the applicable code(s) and issuance of a citation
or notice of violation in accordance with the applicable code of the
City. Pursuant to a finding and determination by the City's Code
Enforcement Officer, Magistrate or a court of competent jurisdiction,
the City may take the necessary action to ensure compliance with this
chapter.
All abandoned real property is hereby declared to be a public
nuisance, the abatement of which pursuant to the police power is hereby
declared to be necessary for the health, welfare and safety of the
residents of the City.
Adherence to this chapter does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s) which may apply to the property. Upon offer for sale or transfer
of title to the property, the owner shall be responsible to contact
the City's Department of Code Enforcement to schedule an inspection
of the building or structure.
Any person who opposes, obstructs or resists any enforcement
officer or any person authorized by the Department of Code Enforcement
in the discharge of duties as provided in this chapter shall be punishable
as provided in the applicable code(s) or a court of competent jurisdiction.
Any code enforcement officer or any person authorized by the
City to enforce this chapter shall be immune from prosecution, civil
or criminal, for reasonable, good faith entry upon real property while
in the discharge of duties imposed by this chapter.
Registration requirements and penalty fees outlined in this
chapter may be modified by a resolution, passed and adopted by the
City Council.
A nonrefundable registration fee in the amount established by
resolution of City Council from time to time shall accompany the registration
form.