Applicant.
The owner of a vacant building that applies for a certificate of registration under this article.
Certificate of registration.
A certificate of registration issued by the building official to the owner of a vacant building under this article.
Occupied.
One or more persons lawfully conducting business in or residing in a building as the legal or equitable owner, operator, lessee, or invitee pursuant to a valid certificate of occupancy.
Registrant.
A person issued a certificate of registration for a vacant building under this article.
Secure.
To take measures to ensure that the building is weatherproof and watertight and that the interior of the building cannot be accessed by:
(1) 
Unauthorized persons; or
(2) 
Birds, rodents or other animals through broken windows or other openings in the structure.
Vacant building.
A building, regardless of its structural condition, that is not occupied by its owner, lessees, or other invitees.
(Ordinance 10-0520 adopted 5/20/10; Ordinance adopting Code)
(a) 
Registration required.
Any person who owns a vacant building shall obtain and maintain a current and valid certificate of registration. A certificate of registration is required only if each building on the premises is a vacant building. Affirmative defenses to this subsection include:
(1) 
The building has been occupied in the preceding thirty (30) days;
(2) 
The building suffered damage or destruction from a fire, flood, storm, or similar event that was not the result of the actions of the owner and that rendered the building incapable of being occupied, the building was occupied at the time of the fire, flood, storm, or similar event, and only one hundred and twenty (120) days have passed since the fire, flood, storm, or similar event occurred;
(3) 
The building is in the process of being renovated, rehabilitated, repaired, or demolished pursuant to and with all necessary permits and has been occupied in the preceding one hundred and twenty (120) days;
(4) 
The building is in the process of being repaired or demolished pursuant to a court order issued by a court of competent jurisdiction in a case in which [the city] is a party;
(5) 
The building is in the process of being marketed and advertised for lease or sale and has been occupied within the preceding one hundred and twenty (120) days; or
(6) 
The building is owned by the state or the United States of America.
(b) 
Registration application and issuance.
(1) 
An owner of a vacant building shall submit to the city an application on a form supplied by the building official. The following information must be supplied on the application:
(A) 
The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the applicant;
(B) 
The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the owner or all owners of the vacant building;
(C) 
If the owner is not an individual, the name, street address, mailing address, facsimile number, e-mail address, and telephone number of the high managerial agent of the owner and a copy of the documents establishing the business;
(D) 
The name, street address, mailing address, facsimile number, e-mail address, and telephone number of all mortgagees, lienholders, or other persons with a financial or legal interest in the vacant building;
(E) 
All address numbers and names for the vacant building and all dwelling unit numbers for dwelling units located in the vacant building;
(F) 
A description of the use of building, such as single-family, multifamily dwelling community, manufactured home community, hotel, automobile repair garage, office building, gasoline service station, or warehouse;
(G) 
The number of vacant buildings on the premises and the square footage of each vacant building;
(H) 
The number of pools, structures, dwelling units, or accessory structures on the premises;
(I) 
The last date that the vacant building was occupied;
(J) 
A description of any hazardous materials, uses, or conditions that currently exist in the vacant building;
(K) 
The number of tanks on the premises, including underground gasoline storage tanks;
(L) 
The name, street address, mailing address, facsimile number, email address, and telephone number of a person or persons to contact in an emergency;
(M) 
Proof of insurance as required by section 3.06.006 of this article;
(N) 
A sketch or diagram showing the configuration of the vacant building and premises which need not to be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;
(O) 
Documentary evidence of payment of ad valorem taxes owed in connection with the vacant building or the premises on which it is located;
(P) 
A vacant building plan as required by section 3.06.007 of this article; and
(Q) 
Additional information as the applicant wishes to provide the city or that the building official deems necessary to determine if the requested certificate of registration should be granted.
(2) 
The applicant shall not provide a post office box as the address for the owner or emergency contact person on the application for a certification of registration.
(3) 
The applicant shall sign the application for the certificate of registration.
(4) 
The applicant must notify the building official in writing of any material change in the information contained in the application for a certificate of registration within seven (7) days of the change, including a change of ownership of the vacant building.
(5) 
The building official shall issue a certificate of registration to the applicant if the building official determines that:
(A) 
All required fees have been paid to the city;
(B) 
The applicant has submitted a complete application and has complied with all requirements for issuance of a certificate of registration; and
(C) 
The applicant has not made a false statement as to a material matter in the application for the certificate of registration.
(c) 
Transfer of certificate of registration prohibited.
A certificate of registration is not transferable to a new owner of the vacant building or to a vacant building on another premises.
(d) 
Denial.
If the building official determines that the requirements of subsection (b)(5) of this section have not been met, the building official shall deny the certificate of registration to the applicant. The building official shall deliver written notice to the applicant that the certificate of registration has been denied and the basis for the denial.
(e) 
Expiration and renewal.
(1) 
A certificate of registration expires:
(A) 
One year after the date of issuance;
(B) 
Upon demolition of all vacant buildings on the premises pursuant to a valid demolition permit and removal of all demolition debris from the premises such that the premises is to grade;
(C) 
When the ownership of the vacant building or premises changes; or
(D) 
When the vacant building becomes legally occupied pursuant to a valid certificate of occupancy.
(2) 
An owner shall renew a certificate of registration by making application in accordance with this section and paying all fees described in section 3.06.003. A registrant shall apply for renewal of the certificate of registration at least thirty (30) days but no more than sixty (60) days prior to its expiration.
(f) 
Revocation and reinstatement.
(1) 
The building official shall revoke a certificate of registration if the:
(A) 
Registrant fails to comply with any provision of the city ordinances or any state or federal law applicable to vacant structures or properties;
(B) 
Registrant intentionally makes a false statement regarding a material matter in the application for the certificate of registration or in a hearing concerning the certificate of registration;
(C) 
The vacant building plan is not approved by the building official pursuant to section 3.06.007 of this article; or
(D) 
Registrant failed to pay a fee required by this article at the time the payment was due.
(2) 
Prior to revoking the certificate of registration, the building official shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the registrant has ten (10) days after delivery to comply with the notice to prevent revocation.
(3) 
Upon revocation of the certificate of registration, the building official shall send written notice of revocation, the basis of the revocation, and a statement informing the registrant of the right to appeal a revocation.
(4) 
Once during a registration period, the building official may reinstate a certificate of registration of a vacant building if the basis of the revocation is remedied within thirty (30) days of revocation.
(g) 
Appeal of revocation or denial.
(1) 
If the building official denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the board of adjustment within seven (7) calendar days of delivery of the notice of revocation.
(2) 
If a written request for an appeal hearing is filed with the building official within the seven-day period, the board of adjustment shall hear the appeal within thirty (30) days from the city’s receipt of the appeal unless otherwise agreed by the city and the appellant.
(3) 
Failure to file an appeal in accordance with this section is a waiver of appeal and the building official’s decision shall be final.
(4) 
The revocation of a certificate of registration is stayed pending appeal.
(5) 
At the appeal hearing, the board of adjustment is limited to affirming or reversing the denial or revocation based upon proof by the appellant that there was error as to the date of the revocation or denial. Subsequent repair, renovation, correction, or payment of a fee shall not form the basis of the board’s decision. Otherwise, the appeal shall be handled in accordance with section 112 of the 2003 International Building Code. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted.
(h) 
Presentation of certificate of registration.
The certificate of registration must be presented upon request to the code enforcement director, building official, or city employee or to a peace officer.
(Ordinance 10-0520 adopted 5/20/10; Ordinance adopting Code)
(a) 
Applicants for issuance of renewal of a certificate of registration shall pay an administrative fee and a fee for the yearly inspection in the amounts established by city council. The city is exempt from these fees.
(b) 
The fee shall be paid at the time the initial application is filed and at the time each renewal application is filed with the building official.
(c) 
The fee for issuing a replacement or duplicate certificate of registration in the amount established by city council.
(d) 
If the certificate of registration expires pursuant to section 3.06.002(e) less than six (6) months from issuance and the registrant files a written request with the building official within sixty (60) days of the expiration, the administrative fee will be prorated on a monthly basis and partially refunded to the registrant.
(e) 
If the certificate of registration expires pursuant to section 3.06.002(e), no yearly inspection has been performed by the city, and the registrant files a written request with the building official within sixty (60) days of the expiration, the inspection fee will be refunded to the registrant.
(Ordinance 10-0520 adopted 5/20/10; Ordinance adopting Code)
(a) 
The owner shall designate a person or persons who will be able to arrive at the premises on which a vacant building is located within one (1) hour of being contacted by a city employee regarding an emergency at or in the vacant building or premises. An emergency includes a fire, serious police incident, natural disaster, or other condition that requires an immediate response to prevent adverse health impacts and risk substantial danger of injury to persons or property.
(b) 
The designated person shall be at least twenty-one (21) years of age, be authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building, and be capable of being contacted twenty-four (24) hours a day and seven (7) days a week.
(c) 
In the application for the certificate of registration, the owner shall supply the name, street address, mailing address, facsimile number, e-mail address, and telephone number of the designated person to the city.
(Ordinance 10-0520 adopted 5/20/10)
(a) 
An applicant or registrant shall permit representatives of the city to inspect, at reasonable times and upon request, the interior of the vacant building to determine whether the vacant building complies with this article, any other city ordinance, or any state or federal law. An applicant or registrant also shall permit subsequent inspections, at reasonable times and upon request, until the noted violations have been remedied.
(b) 
The building official shall inspect the interior and exterior of a vacant building at least once during each 12-month period.
(Ordinance 10-0520 adopted 5/20/10)
The owner shall maintain in full force and effect liability insurance during the registration period for the vacant building in an amount of not less than $1,000,000 for any vacant building. The policy shall designate the city as an additional insured and cover any loss or damage resulting from damages to persons or property resulting from the owner’s supervision, management, and maintenance of the vacant building, the use of the building, or a condition of the vacant building. The insurance policy shall require notice to the building official within thirty (30) days of the policy’s lapse, cancellation, or change in coverage. The insurance policy must be written by an insurance company approved by the state and issued in a standard form approved by the state department of insurance. The owner shall provide a current certificate of insurance upon application, reinstatement, or renewal of the certificate of registration and every six (6) months that the building is required to be registered pursuant to this article. Upon a reasonable request by the building official, the owner shall provide the building official such additional information and documents as are necessary to ensure compliance with this section.
(Ordinance 10-0520 adopted 5/20/10)
(a) 
Vacant building plan required.
At the time that the owner applies for a certificate of registration or renewal of the certificate of registration, the owner shall submit to the building official a vacant building plan containing the following information:
(1) 
The amount of time that the building is expected to remain vacant;
(2) 
A plan and time table for correcting all current violations of city ordinances and state and federal law at the building or its premises;
(3) 
A plan for regular maintenance of the building during vacancy in compliance with city ordinances and state and federal law;
(4) 
[The measures that] the owner will take to ensure that the vacant building is secured in accordance with section 3.06.001;
(5) 
The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during the building’s vacancy, including provisions for lighting, security patrols, alarm systems, and fire suppression systems or execution of a trespass affidavit, allowing peace officers to enforce criminal trespass laws at the property; and
(6) 
The measures that the owner will take to monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least twenty-one (21) years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building.
(b) 
Approval of plan by building official.
The vacant building plan submitted by the applicant must be approved by the building official, which approval may not be unreasonably withheld. The building official must approve or disapprove the vacant building plan within ten (10) working days of receipt.
(c) 
Notification of change.
A registrant shall notify the building official in writing of any material change in the information contained in the vacant building plan within seven (7) days of the change. Such change must be approved by the building official and may form the basis of a revocation of the certificate of registration.
(d) 
Inspection by the owner.
The owner of a vacant building shall monitor and inspect the vacant building and its premises on at least a weekly basis; such inspections must be performed by a person who is at least twenty-one (21) years of age and authorized by the owner to make decisions regarding the day-to-day supervision, management, and maintenance of the vacant building. If within fourteen (14) days of the city observing that a vacant building, for which a vacant building plan has been filed, is unsecured or that weeds remain uncut or litter remains on the property in violation of city ordinances, there is a presumption that the owner has failed to inspect the vacant building and its premises on a weekly basis.
(Ordinance 10-0520 adopted 5/20/10)
A notice required to be given by the city pursuant to this article is deemed to have been delivered by the city on the date that it is hand delivered to the applicant/registrant or three (3) days after the date the notice is placed in the United States mail to the address provided by the applicant/registrant in the application for the certificate of registrant.
(Ordinance 10-0520 adopted 5/20/10)
The building official shall implement and enforce this article and may establish in writing such policies, regulations, or procedures, not inconsistent with this article as the building official determines are necessary to discharge any duty under or to affect the policy of this article.
(Ordinance 10-0520 adopted 5/20/10)
A person who violates a provision of this article, or fails to perform an act required of the person by this article commits an offense. A violation of any of the provisions of this article shall be punishable by a fine not to exceed $500.00. However, a fine for the violation of a provision of this article that governs fire safety, zoning, or public health and sanitation, including dumping or refuse, may not exceed $2,000.00. A person commits a separate offense each day or portion of a day during which the violation is committed, permitted, or continued.
(Ordinance 10-0520 adopted 5/20/10)