(a) 
A person commits an offense if the person owns a vacant building zoned for nonresidential uses or last utilized for nonresidential purposes without a valid certificate of registration. A certificate of registration is required for any vacant building, regardless of any separate occupied buildings that may also be located on the same property or at the same street address. If more than one vacant building is located at the same street address, only one certificate of registration is required for all of the vacant buildings. Also, only one certificate of registration is required for a single vacant building that has more than one street address. Suite numbers or unit numbers will not be considered in determining the street address of a vacant building.
(b) 
A building designated for nonresidential use or last utilized for nonresidential purposes is presumed vacant 90 days after the earlier of the following: (1) the date a valid certificate of occupancy expires; (2) the date one or more necessary utilities are disconnected; (3) the date of a water bill for that address which shows no water usage; or (4) the date the building appears unoccupied based on a physical inspection by the city.
(c) 
It is a defense to prosecution under this section that:
(1) 
The building was occupied within 90 days preceding the date of the alleged offense;
(2) 
At the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied at any time within 90 days preceding the date of the alleged offense;
(3) 
Within 60 days preceding the date of the alleged offense, the building suffered damage or destruction from a fire, flood, storm, or other casualty that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee;
(4) 
The building official has granted a written extension to the time frame for the presumption of vacancy set out in subsection (b) immediately above; or
(5) 
The building is owned by the City of Richland Hills, the State of Texas, or the United States Government.
[Ord. No. 1231-12, § 2, 6-20-2012]
(a) 
To obtain a certificate of registration for a vacant building zoned for nonresidential uses or last utilized for nonresidential purposes, a property owner must submit an application on a form provided for that purpose to the building official. The application must contain all of the following information:
(1) 
The name, street address, mailing address, e-mail address (if applicable), and telephone number of the applicant or the applicant's authorized agent.
(2) 
The name, all street addresses, and the main telephone number, if any, of the vacant building, and a description of the last permitted use and the type of property (e.g., a commercial retail building, a warehouse, an office, a hotel), the date on which the vacant building was last occupied, and a description of any hazardous materials, uses or conditions that currently exist or previously existed in the vacant building.
(3) 
The names, street addresses, mailing addresses, e-mail addresses (if applicable), and telephone numbers of all owners of the vacant building and any lien holders and other persons with a financial interest in the vacant building.
(4) 
The name, street address, mailing address, e-mail address (if applicable), and telephone number of a person or persons to contact in an emergency as required by this article.
(5) 
The nature of the business of the applicant; the name, street address, mailing address, e-mail address (if applicable), and telephone number of the applicant if an individual or a managerial agent of the applicant if the applicant is a noncorporeal entity; and, if the business is a noncorporeal entity, documentation regarding the legal standing of the business.
(6) 
Proof of insurance as required by this article.
(7) 
The number of buildings (including vacant and occupied buildings), units and other structures located in or on the premises of the vacant building.
(8) 
The total area in square feet of the vacant building, the number of stories contained in the vacant building, the area in square feet of each story, and whether each story is above or below ground level.
(9) 
Such additional information as the applicant desires to include or that the building official deems necessary to aid in the determination of whether the requested certificate of registration should be granted.
(10) 
Consent for the building official to enter at reasonable times, provided that such entry shall either be in the presence of the owner or the owner's representative, or, should the owner or owner's representative fail to appear when requested, based upon a search warrant issued by the municipal court based on a showing of reasonable suspicion that a violation of this article has occurred.
(b) 
If the application for a certificate of registration is being made for multiple vacant buildings located at the same address, then the information required in subsection (a) must be provided for each vacant building located at that address.
(c) 
A registrant shall notify the building official within ten days after any material change in the information contained in the application for a certificate of registration for a vacant building, including any changes in ownership of the property.
[Ord. No. 1231-12, § 2, 6-20-2012]
The fees for a certificate of registration and required inspection for each vacant occupancy or unit or demised space zoned for nonresidential use or last utilized for nonresidential purposes are as shown in the city's fee schedule.
[Ord. No. 1231-12, § 2, 6-20-2012]