[Ord. 2018-442]
For the purpose of this chapter, certain terms, phrases, words
and their derivatives shall be construed as specified in either this
chapter or as specified in the Building Code or the Property Maintenance
Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used. Unless
otherwise expressly stated or unless the context clearly indicates
a different intent, the following terms shall, for the purpose of
this chapter, have the following meanings:
Any building or portion thereof which has stood with an incomplete
exterior shell for six months or longer (City's board up effort is
disregarded when determining "completeness") which meets one or more
of the following criteria:
Includes the neighborhood services director's designee.
Any building or portion thereof which has been unoccupied
for a continuous period of time over 12 months and which meets one
or more of the following criteria:
Unsecured;
Secured by means other than those used in the design of the
building;
Declared a "dangerous building" as defined in Chapter 8.17;
Unfit for occupancy as determined by the neighborhood services
director;
Noncompliant with the property maintenance code;
Has housing, building, fire, health or zoning code violations;
Open to vagrants, vandals, children or the unwary; or
Not receiving service by public utilities.
[Ord. 2018-442]
No person or business shall maintain a vacant or abandoned building
as defined by this chapter, in the City unless such person or business
registers the abandoned or vacant building as provided in this chapter.
[Ord. 2018-442]
A.
The owner shall register a vacant or abandoned building with the
City not later than 30 calendar days after any building in the City
becomes abandoned or vacant as defined in this chapter. Failure to
register an abandoned or vacant building or providing false information
to the City shall be a violation of this chapter.
B.
The registration shall include the following information:
1.
A description of the premises;
2.
The names and addresses of the owner or owners;
3.
The names and addresses of all known lien holders and all other parties
with an ownership interest in the building;
4.
The name of the agent designated to act on the behalf of an out of
town property owner to accept legal processes and notices, and to
authorize repairs as required; and
5.
The period of time the building is expected to remain vacant and/or
a plan and timetable to comply with applicable City codes.
[Ord. 2018-442]
The owner of a vacant or abandoned building shall pay an annual
fee as established, from time to time, by resolution of the City Council,
and said fee shall be paid in full prior to the issuance of any permits
or acceptance of the registration form for the subject property.
[Ord. 2018-442]
A.
Every registration is for the period of one year and shall be effective
from July 1 to and through the following June 30.
B.
The registration may be renewed and remain effective for successive
periods of one calendar year unless sooner revoked at any time by
the neighborhood services director for noncompliance with any applicable
provisions of this code. The owner shall keep the required information
current and up to date.
C.
Registrations may be transferred from one person or business to another,
provided notice of the transfer is given in writing within five working
days of the transfer.
D.
Registrations shall not be transferable from one building to another.
E.
Every person or business holding a registration shall give notice
in writing to the City within five working days after having transferred
or otherwise disposed of the legal control of the registered building.
Such notice shall include the name and address of the persons or businesses
succeeding to the ownership or control of such building.
[Ord. 2018-442]
The owner shall allow inspection of the building by City representatives
upon request and shall allow annual inspection of the interior and
exterior of the premises for the purpose of enforcing and assuring
compliance with the provisions of this chapter and the Housing, Building
and Fire Codes.
[Ord. 2018-442]
The City is hereby authorized to issue and renew vacant or abandoned
building registrations for specific buildings, in the names of the
applicant owners, operators or managers, provided the following criteria
are met:
A.
The building to be registered is warranted by the owner or operator
to substantially comply with applicable provisions of the City code.
B.
The owner or operator legally authorized and responsible for maintenance
of the building to be registered shall first make application therefor
using the City's application.
C.
All fees required by this code pursuant to the issuance of a vacant
or abandoned building license are paid in full to the City.
D.
The applicant shall designate a responsible agent to represent the
owner/operator whenever the said applicant is not available for maintenance
of the building sought to be registered. Said agent shall have full
authority and responsibility, the same as the owner/operator, for
maintaining the building.
[Ord. 2018-442]
An application for renewal of a registration for a vacant or
abandoned building may be made within 60 days prior to the expiration
of an existing registration. Application for renewal shall be due
on July 1. Application may be made and registration fees paid until
July 31 without penalty. Each day that the owner fails to renew such
registration as required by this chapter shall constitute a separate
violation for which a municipal infraction citation may be issued.
[Ord. 2018-442]
If a vacant or abandoned building registration is revoked by
the City for noncompliance with any applicable provisions of the code,
the owner/operator of the building shall be given 30 days to comply
with the provisions of this code. Extensions of such thirty-day period
may be granted at the discretion of the neighborhood services director.
Upon expiration of the thirty-day period, or any extension thereof,
if the building continues to be noncompliant, the registration is
deemed revoked. The revocation may be appealed in accordance with
Chapter 2.86.
[Ord. 2018-442]
The issuance of any registration for any vacant or abandoned
building shall not in any way signify or imply that the building conforms
with the Iowa state building code or the housing, building, property
maintenance, zoning, fire ordinances or other codes and ordinances
adopted by the City. The issuance of a registration shall not relieve
the owner or operator of the responsibility for compliance with said
codes and ordinances.
