(a) A person
commits an offense if the person owns a vacant building zoned for
residential use or last utilized for residential purposes without
a valid certificate of registration. 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. Apartment numbers or unit numbers will
not be considered in determining the street address of a vacant building.
(b) A building
designated for residential use or last utilized for residential 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
residential use or last utilized for residential 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 type of property
(e.g., an apartment complex, a group home, a condominium, or a single-family
residence), 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 section
14-494 of 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),
dwelling units, swimming pools, and spas 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 ordinance has occurred.
(b) If the application for a certificate of registration is being made for multiple vacant buildings dwelling units located at the same address, then the information required in subsection
(a) must be provided for each vacant dwelling unit 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 unit zoned for residential use or last utilized for
residential purposes are as shown in the city's fee schedule.
[Ord. No. 1231-12, § 2, 6-20-2012]