means a structure for the support or shelter of any use or
occupancy.
means the person designated by the city manager to enforce
and administer this article and includes any representatives, agents,
or department employees designated by the official to enforce the
terms of this article.
means a certificate of registration issued by the building
official under this article to the owner or operator of a vacant building.
means one or more rooms designed to be a single housekeeping
unit to accommodate one family and containing one or more kitchens,
one or more bathrooms, and one or more bedrooms.
means any principal use of a building, structure, or portion
thereof which is an occupancy type or use group other than a residential
use group having less than four dwelling units.
means that one or more persons lawfully conduct business
in or reside in at least 50 percent of the total area of a building
(excluding stairwells, elevator shafts, and mechanical rooms) as the
legal or equitable owner, operator, lessee, or invitee on a permanent,
nontransient basis pursuant to and within the scope of a valid certificate
of occupancy; or within an occupancy use that is authorized for the
building or structure.
means a person in whom is vested the ownership or title of
real property:
Including but not limited to:
The holder of fee simple title;
The holder of a life estate;
The holder of a leasehold estate for an initial term of five
years or more;
The buyer in a contract for deed;
A mortgagee, receiver, executor, or trustee in control of real
property; and
The named grantee in the last recorded deed; and
Not including the holder of a leasehold estate or tenancy for
an initial term of less than five years.
means any individual, corporation, organization, partnership,
association, governmental entity, or any other legal entity.
means a lot, plot, or parcel of land, including any structures
on the land.
means a person issued a certificate of registration for a
vacant building under this article.
means that which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
means a building located in the city that, regardless of
its structural condition, is not occupied.
[Ord. No. 1231-12, § 2, 6-20-2012]
The building official shall implement and enforce this article
and may by written order establish such rules, regulations, or procedures,
not inconsistent with this article, as the building official determines
are necessary to discharge any duty under or to effect the policy
of this article.
[Ord. No. 1231-12, § 2, 6-20-2012]
Any written notice that the building official is required to
give an applicant or registrant under this article is deemed to be
delivered:
(1)
On
the date the notice is hand delivered to the applicant or registrant;
or
(2)
Three
business days after the date the notice is placed in the United States
Mail with proper postage and properly addressed to the applicant or
registrant at the address provided for the applicant or registrant
in the most recent registration application.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
A person
who violates a provision of this article, or who fails to perform
an act required of the person by this article, commits an offense.
A person commits a separate offense each day or portion of a day during
which a violation is committed, permitted or continued.
(b)
An
offense under this article is punishable by a fine not to exceed $2,000.00.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
Upon
payment of all required fees, the building official shall issue a
certificate of registration for a vacant building to the applicant
if the building official determines that:
(1)
The applicant has complied with all requirements for issuance of
the certificate of registration;
(2)
The applicant has not made a false statement as to a material matter
in an application for a certificate of registration; and
(3)
The applicant has no outstanding fees assessed under this article.
(b)
If the building official determines that the requirements of subsection (a) have not been met, the building official shall deny a certificate of registration to the applicant.
(c)
If
the building official determines that an applicant should be denied
a certificate of registration, the building official shall deliver
written notice to the applicant that the application is denied and
include in the notice the reason for denial and a statement informing
the applicant of the right of appeal.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
The
building official shall revoke a certificate of registration for a
vacant building if the building official determines that:
(1)
The registrant failed to comply with any provision of this article
or any other city ordinance or state or federal law applicable to
the building;
(2)
The registrant intentionally made a false statement as to a material
matter in the application or in a hearing concerning the certificate
of registration; or
(3)
The registrant failed to pay a fee required by this article at the
time it was due.
(b)
Before revoking a certificate of registration under subsection (a), the building official shall deliver written notice to the registrant that the certificate of registration is being considered for revocation. The notice must include the reason for the proposed revocation, action the registrant must take to prevent the revocation, and a statement that the registrant has ten days after the date of delivery to comply with the notice.
(c)
If, after ten days from the date the notice required in subsection (b) is delivered, the registrant has not complied with the notice, the building official shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the building official orders the revocation, and a statement informing the registrant of the right of appeal.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
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 vacant
property registration appeal board within seven calendar days of delivery
of the notice of revocation.
(b)
The
zoning board of adjustment shall serve as the vacant property registration
appeal board unless the city council creates and appoints a separate
vacant property registration appeal board.
(c)
If
a written request for an appeal hearing is filed with the building
official within the seven-day period, the vacant property registration
appeal board shall hear the appeal within 30 days from the city's
receipt of the appeal unless otherwise agreed by the city and the
appellant.
(d)
Failure
to file an appeal in accordance with this section is a waiver of appeal
and the building official's decision shall be final.
(e)
The
revocation of a certificate of registration is stayed pending appeal.
(f)
At
the appeal hearing, the vacant property registration appeal board
is limited to affirming or reversing the denial or revocation based
upon proof by the appellant that there was error as of 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.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
A certificate
of registration for a vacant building expires the earlier of:
(1)
One year after the date of issuance;
(2)
The date the vacant building changes controlling ownership, as determined
by the building official;
(3)
The date the vacant building becomes occupied, as determined by the
building official; or
(4)
The date the vacant building is demolished, as determined by the
building official.
(b)
A certificate
of registration may be renewed by making application in accordance
with this article and paying the registration fee and inspection fee
required by this article. The building official shall notify a registrant
in writing at least 60 days prior to the expiration of an existing
certificate of registration of the impending expiration and the process
for renewal. A registrant shall apply for renewal at least 30 days
before the expiration of an existing certificate of registration.
[Ord. No. 1231-12, § 2, 6-20-2012]
A certificate of registration for a vacant building is not transferable.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
For
the purpose of ascertaining whether violations of this article or
any other city ordinance or state or federal law applicable to the
building exist, the building official is authorized at a reasonable
time to inspect:
(b)
The
building official shall inspect a vacant building at least as frequently
as provided in this article.
(c)
An
applicant or registrant shall permit representatives of the police
department, the fire department, the department of code compliance,
and the building official to inspect the interior and exterior of
a vacant building, for the purpose of ensuring compliance with the
law, at reasonable times upon request, and to attend, in person or
by representative, such inspection. The applicant or registrant commits
an offense if he, either personally or through an agent or employee,
refuses to permit a lawful inspection of the vacant building as required
by this subsection.
(d)
Whenever
a vacant building is inspected by the building official and a violation
of this article or any other city ordinance or state or federal law
applicable to the building is found, the building or premises will,
after the expiration of any time limit for compliance given in a notice
or order issued because of the violation, be reinspected by the building
official to determine that the violation has been eliminated.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
An
owner, operator, or other person in control of a vacant building shall
provide the building official with the name, street address, mailing
address, e-mail address (if applicable), and telephone number of a
person or persons who can be contacted 24 hours a day, seven days
a week, in the event of an emergency condition in or on the premises
of the vacant building. An emergency condition includes any fire,
natural disaster, collapse hazard, burst pipe, serious police incident,
or other condition that requires an immediate response to prevent
harm to property or the public.
(b)
The
owner, operator, or other person in control of the vacant building
shall notify the building official within five days after any change
in the emergency response information.
(c)
The
owner, operator, or other person in control of a vacant building,
or an authorized agent, must arrive at the premises within one hour
after a contact person named under this section is notified by the
city or emergency response personnel that an emergency condition has
occurred on the premises.
[Ord. No. 1231-12, § 2, 6-20-2012]
Prior to the issuance of a certificate of registration for any
vacant building, the registrant shall maintain in full force and effect
at all times during the registration period property casualty insurance
in an amount not less than the value of the building according to
the last Tarrant County Appraisal District assessment and with a deductible
not to exceed $5,000.00, and, for property zoned for residential use
or last used for residential purposes, liability insurance for the
vacant building in an amount of not less than $25,000.00, and for
property zoned for nonresidential use or last used for nonresidential
purposes, liability insurance for the vacant building in an amount
of not less than two times the value of the building according to
the last Tarrant County Appraisal District assessment. 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 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 of Texas and issued in a standard form approved by the
Texas Department of Insurance. The owner shall provide a current certificate
of insurance upon application, reinstatement, or renewal of the certificate
of registration. 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.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a)
Within
30 days after the date a certificate of registration is issued for
a vacant building, the registrant shall submit to the building official
a vacant building plan complying with this section.
(b)
The
vacant building plan must contain the following:
(1)
A plan of action and a time schedule for correcting all existing
violations of this article or any other city ordinance or state or
federal law applicable to the building or its premises.
(2)
A plan of action for maintaining the building and its premises in
compliance with this article and all applicable city ordinances and
state and federal laws.
(3)
A plan of action for maintaining the building and its premises in
a safe and secure manner, including but not limited to, provisions
for pest control, securing the building from unauthorized entry, and,
for buildings zoned for nonresidential uses or last utilized for nonresidential
purposes, lighting, security, and maintenance of any existing alarm
systems and fire suppression systems.
(4)
A plan of action for occupying, leasing or selling the building,
including a plan for marketing, advertising, or offering the building
for sale or lease. If such plan does not provide for listing the property
through a bona-fide licensed real estate marketing firm or organization,
the applicant must provide a specific marketing strategy designed
to aggressively market or utilize the property, which plan shall be
subject to city council review.
(5)
A plan of action and time schedule for any repair, renovation or
demolition of the building.
(c)
A registrant
may update the vacant building plan at any time, but shall provide
the building official with an updated vacant building plan at least
once every six months that the building is required to be registered
under this article.
[Ord. No. 1231-12, § 2, 6-20-2012]
