The definitions contained in this section shall govern the construction of this Chapter.
(A) 
“Blight”
shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including but not limited to conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
(B) 
“Boarded building” or “boarded up”
shall mean a building, any of the doors or windows of which have been covered with plywood, other kinds of wood or other material.
(C) 
“Vacant building” or “vacant”
shall mean a building which is without a legal resident or occupant or which is not being put to lawful, commercial or industrial use.
(A) 
Fee Imposed. There is hereby imposed upon every owner of a vacant or boarded building a monthly vacant or boarded building monitoring fee in an amount to be set by resolution of the City Council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building and shall be used solely for that purpose. The fee shall be payable as to any building, residential or nonresidential, which:
(1) 
Is vacant for more than ninety (90) days for any reason; or
(2) 
Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City.
(B) 
Fee Waiver. The vacant or boarded building monitoring fee may be waived by the City’s Building Official upon a showing by the owner that:
(1) 
The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or
(2) 
The building meets all applicable codes and is actively being offered for sale, lease or rent.
(C) 
Procedure. The vacant or boarded building monitoring fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (B) of this Section by submitting a written statement of the grounds for the waiver with the owner’s day-time telephone number to the City’s Building Official within thirty (30) days after the billing is mailed to the owner. The City’s Building Official shall review the written statement and may contact the owner to discuss the application for waiver. The City’s Building Official shall prepare a written decision which shall be mailed to the owner. Any owner who disagrees with the decision of the Building Official relating to an application for waiver may appeal by submitting a written appeal hearing request to the City Clerk within thirty (30) days of receipt of the Building Official’s decision. The hearing shall be set and conducted by the City Planning Commission.
(D) 
Collection. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Building Official or the Hearing Officer, the fee may be collected through a lien, a special assessment or a civil lawsuit.
The City Manager or designee may impose such requirements to secure the property as deemed reasonably necessary to protect the public’s health, safety and welfare. The City Manager or designee shall notify the affected property owner of the decision to impose specific securing requirements in writing. Any owner who disagrees with the decision of the City Manager relating to any specific securing requirements may appeal by submitting a written appeal hearing request to the City Clerk within thirty (30) days of receipt of the written notice imposing specific securing requirements on the property.
The owner of a vacant building may designate in writing to City an agent to authorize the resumption of City utility service to the property. However, this Section shall not be interpreted to reduce or eliminate outstanding debts, fees or costs the owner or agent may be required to pay prior to the City resuming the owner’s utility service connection.
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this Chapter are cumulative to each other and to any others available under State law or other City ordinances.