There are hereby adopted rules and regulations regarding vacant
structures in Historic Overly Districts Nos. 1 through 15 and any
other historic overlay district as may subsequently be designated
by the city council. This article shall be known and may be cited
as the vacant building regulations.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-81; Ordinance 2022-028 adopted 5/9/22)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An individual structure or property that has been designated
as such through approved means by city council, state or federal authority.
Located as adopted and described in the city zoning ordinance,
as amended, and as more particularly described as Historic Overlay
Districts Nos. 1 through 15 as well as any other historic overlay
district as may be subsequently designated by the city council.
That for which the structure was built or intended to be
used. No building shall be used primarily for storage of personal
or business items.
Any person, agent, firm, partnership or corporation having
a legal interest in the property.
All accessible means of ingress and egress to the vacant
structure, including but not limited to all exterior doorways and
windows, being locked so as to prevent unauthorized entry.
That which is built or constructed.
All accessible means of ingress and egress to the vacant
structure, including but not limited to all exterior doorways and
windows, are covered with plywood (or other appropriate material)
that has been nailed or bolted in place so as to prevent unauthorized
entry.
All lawful activity has ceased, or reasonably appears to
have ceased, for thirty (30) days. The term shall include business
or residential structures that are not occupied including but is not
limited to commercial buildings open to the public, residential structures
not lived in, structures being used solely for storage of personal
property, properties which do not have an active account for service
of one or more utilities including water, sewer and trash, electric
and gas service as evidenced by active meter service to the property.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-82; Ordinance 2022-028 adopted 5/9/22)
(a)
This
article shall apply to all vacant structures, as defined herein, which
are now in existence or which may hereafter be constructed or converted
from other uses and which are within any historic overlay district
(otherwise known as historic overlay districts No. 1 through 15, and
any other subsequent districts which may be added following the effective
date of this ordinance) and all vacant designated historic landmarks.
(b)
The
city manager or his/her designee is authorized to administer and enforce
the provisions of this article.
(c)
The
city manager or his/her designee shall have the authority to render
interpretations of this article and to adopt policies and procedures
in order to clarify the application of its provisions. The city manager
or his/her designee, at his/her sole discretion, may also enter into
an agreement with a registered property owner to obtain compliance
with this article by a date certain.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-83; Ordinance 2022-028 adopted 5/9/22)
(a)
The
vacant structure property owner shall have ninety (90) days in which
to register from the date written notice is issued to the property
owner. Written notice shall be issued to the vacant structure property
owner by means of personal service, or by first class mail to his/her
last known address according to the county appraisal district records,
and by posting on the property. Should mailings be returned undeliverable,
a notice published once in the local newspaper shall serve as notice
to the property owner.
(b)
The
city manager or his/her designee may consider provided evidence that
the property is listed for sale or lease for fair market value and
for a reasonable length of time for purposes of extending the length
of time before the property must be registered. Such listing shall
not extend the registration required under this section for greater
than one hundred twenty (120) days from the first date of such initial
listing.
(c)
Upon
the issuance of notice by the city to register a vacant property,
and prior to the issuance of a certificate of registration for any
vacant building, the owner shall register with the city manager or
his/her designee and provide the following information:
(1)
The address and legal description of the property.
(2)
The current name, physical address, mailing address, telephone number
and e-mail information for any owner(s) with an ownership interest
in the property. Corporations or corporate entities shall submit the
same information pertaining to their registered agent.
(3)
The contact information for a local manager of the properties and/or
improvements located on said property, as applicable.
(4)
Proof of insurance of the building, which the owner shall procure
and keep in full force and effect at all times during the registration
term, for commercial general liability and property insurance coverage,
with minimum combined bodily injury (including death) and property
damage limits of not less than $1,000,000.00 for each occurrence and
$2,000,000.00 annual aggregate.
(5)
A written comprehensive plan of action detailing a timeline for correcting
violations, rehabilitation, and maintenance while vacant, and future
use(s) of the structure. Said plan of action must be updated every
six (6) months.
(6)
A complete floor plan of the property for use by first responders
in the event of a fire or other catastrophic event.
(7)
Written notice to the city, including a copy of the deed, of a change
in:
(A)
Ownership of the property.
(B)
Contact information for the owner or the designated manager. Written
notice must be provided to the city no later than thirty (30) days
after said changes have occurred.
(C)
Continued annual registration of the property by the vacant structure
property owner until said structure is deemed occupied and in compliance
with all relevant code requirements by the city.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-84; Ordinance 2022-028 adopted 5/9/22)
Vacant structure property owners shall tender an annual registration and inspection fee as set forth in the fee schedule in appendix A of this code. Annual registration fees shall be due and postmarked no later than January 31st of each year.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-85; Ordinance adopting 2021 Code; Ordinance 2022-028 adopted 5/9/22)
(a)
Vacant
structure property owners must designate a local manager for said
properties and include the relevant contact information for the designated
manager upon registering the property with the city. The property
manager shall serve as agent for the property owner for purposes of
accepting legal service; however, the vacant property owner remains
personally liable in criminal prosecutions for code violations.
(b)
The
property manager or agent must be available at the number listed at
all times in the event of an emergency or catastrophe.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-86; Ordinance 2022-028 adopted 5/9/22)
The 2021 International Property Maintenance Code as adopted in article 4.02, division 9, sections 4.02.230 et seq., as amended, shall apply to all vacant structures located in historic overlay districts in the city.
(Ordinance 2022-028 adopted 5/9/22)
All fee waivers must be applied for on an annual basis, and
are subject to approval by the city manager or his/her designee. A
fee waiver is valid for no more than twelve (12) months, and may be
issued for a shorter period of time.
(1)
Property
which has been devastated by a catastrophe such as fire or flood:
The owner has thirty (30) days to register from the date of the disaster
but may be exempt from the fees. This exemption is for the duration
of one year from the date of the catastrophe; thereafter all applicable
fees are due.
(2)
A
property owner who is indigent must register and is otherwise subject
to this article but may be exempt from the fees.
(3)
Representatives
of a property owner who is deceased or is no longer legally competent
must register the property and are otherwise subject to this article,
but may be exempt from the registration fees. If representatives of
the property owner cannot be identified and provisions of this article
are required to be carried out by the city to protect the property,
then the city reserves the right to make corrections and charge the
cost to the owner(s) by filing appropriate liens with the county clerk.
(4)
Where
the owner of the property has obtained a building permit and is progressing
in an expedient manner to prepare the premises for occupancy, the
owner must register the property and is otherwise subject to this
article but may be exempt from the registration fees. In the event
the property owner or his or her representative obtains a building
permit for correction of any code violation(s), or remodeling of the
structure, said permit for corrections and work shall be continuous
for the premises as evidenced by on-going work and inspections of
the property. If not, said permit shall be deemed as expired within
six (6) months from the issuance of such permit or halting of such
permitted work. This shall render the property as required to complete
and continued vacant structure registration status and payment of
fees required under this section.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-88; Ordinance 2022-028 adopted 5/9/22)
The city shall provide for financial assistance for capital
repairs and renovations to qualified vacant structures as defined
in this article, though the use of grants, loan guarantees, loans,
and other financial programs, the eligibility for which shall be determined
on a case-by-case basis.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-89; Ordinance 2022-028 adopted 5/9/22)
(a)
Notice of violation.
Written notice of violation will
precede the issuance of a citation, in which the vacant property owner
will be given a reasonable length of time, as determined by the city
manager or his/her designee, to remedy the violation. Written notice
shall be issued to the vacant structure property owner by means of
personal service, or by first class mail to his/her last known address
according to the county appraisal district records, and by posting
on the property.
(b)
Failure to register.
Failure to register with the city
after written notice to the vacant structure property owner, as is
herein specified, is a violation of this article.
(c)
Penalty.
Any person, firm, or corporation found guilty of violating any of the provisions of this article shall be deemed guilty of a misdemeanor of an ordinance affecting the public health and safety, and upon conviction shall be subject to a fine in accordance with section 1.01.009.
(d)
Additional remedies.
Administrative, civil, and criminal
enforcement are alternative remedies which may be sought independently
of each other.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-90; Ordinance 2022-028 adopted 5/9/22)
