A.
Registration required; renewal; waiver of fee.
(1)
Effective on June 1, 2023, the owner of any vacant property as defined herein shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later; or within 10 days of receipt of notice by the municipality, file a registration statement for such vacant property with the municipal officer, on forms provided for that purpose by the municipal officer, along with any fee required by this section. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
(2)
Each property having a separate tax block and lot number shall be registered separately.
(4)
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection D for each vacant property registered.
(5)
For purposes of efficient administration, the municipal officer may establish a single date in each year upon which all registrations shall be renewed, in which case the initial registration fee shall be prorated for any property that has become a vacant property less than 10 months prior to that date.
(6)
The owner shall notify the municipal officer within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the municipal officer for such purpose.
(7)
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township against the owner or owners of the building.
(8)
The municipal officer is authorized to draft and enforce rules and regulations to effect the provisions and purposes of this section. Such rules and regulations shall be made available on the Township's website and in the available in the municipal building of the Township.
B.
At any time after filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Township to conduct exterior and interior inspections of the building to determine compliance with municipal codes, on reasonable notice to the property owner or the designated agent.
C.
Registration statement information; authorized agent.
(1)
The registration statement shall include:
(a)
The name, street address, email address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and
(b)
The name, street address, email address and telephone number of the firm or individual responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons.
(2)
An owner who is a natural person may designate himself or herself as agent or as the individual responsible for maintaining the property.
(3)
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding and administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the municipal officer, in writing, of a change of authorized agent or until the owner files a new annual registration statement.
(4)
Any owner who fails to register a vacant property under the provisions of this section shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
D.
Fees.
(1)
The registration and renewal fee for each building or structure shall be as follows:
Type | Fee |
|---|---|
Initial registration | $500 |
First annual renewal | $750 |
Second annual renewal | $1,000 |
All subsequent annual renewals | $2,000 |
(2)
All fee income resulting from the application of this section shall be deposited in a trust fund that shall be used for the sole purpose of carrying out municipal activities with respect to vacant and distressed properties, including, but not limited to, code enforcement, abatement of nuisance conditions, stabilization, rehabilitation, and other activities designed to minimize blight and/or promote further productive reuse of properties.
E.
The owner of any structure that has become vacant property, and any person responsible for maintaining any such building that has become vacant, shall, within 30 days of the structure becoming vacant or 30 days of the owner taking title to the property:
(1)
Enclose and secure the structure as provided in the applicable code of the Township of Florence or as set forth in rules and regulations adopted by the municipal officer to supplement those codes;
(2)
Ensure that the grounds of the structure, including yards, fences, sidewalks, walks and driveways, are well maintained and kept free from trash or debris;
(3)
Post a sign affixed to the structure with the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process, and the name, address and telephone number of the entity responsible for maintenance of the property, which may be the same as the authorized agent. The sign shall be at least eight inches by 24 inches in dimension, shall include the words "To report problems with this building, call. . . .", and shall be placed in a location where it is clearly legible from the nearest public street sidewalk; and
(4)
Maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied or demolished or until repair or rehabilitation of the building is complete.
F.
Liability insurance.
(1)
The owner of any vacant property shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000 for buildings designed primarily for one- to four-unit residential use and not less than $1,000,000 for any other building, including, but not limited to, buildings designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building.
(2)
Any insurance policy acquired or renewed after the building has become vacant shall provide for written notice to the municipal officer within 30 days of any lapse, cancellation or change in coverage. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration.
G.
Violations and penalties.
(1)
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $250 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
(2)
For purposes of this section, failure to file a registration statement within 30 days after a building becomes vacant property or within 30 days after assuming ownership of a vacant property, whichever is later; or within 10 days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsection E or F of this section or such other matters as may be established by the rules and regulations of the municipal officer shall be deemed to be violations of this section.