[HISTORY: Adopted by The Mayor and Council
of New Castle 3-11-2003. Amendments noted where applicable.]
This chapter shall be known as the "Dangerous
or Vacant Buildings Code" and is herein referred to as such or "this
code."
The purpose of this code is to protect the public
health, safety and welfare as to buildings or structures in the City
of New Castle which are determined to be vacant, defective or to have
deteriorated to the extent that they constitute a blight that affects
the quality of life of the citizens of New Castle, as well as being
public health and safety hazards. This Code will fix the responsibilities
of owners, operators and occupants of buildings and structures and
will provide for administration, enforcement and penalties as to dangerously
defective buildings or structures.
The following words, terms and phrases, when
used in this code, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
All buildings or structures, including, but not limited to,
buildings and structures used for dwelling purposes, which have any
or all of the following defects:
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
33% or more of damage or deterioration of the supporting member or
members, or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe, for the purpose
used.
Those which have been damaged by fire, wind
or other causes so as to have become dangerous to life, safety, or
the general health and welfare of the occupants or the people of the
City.
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work
injury to the health, safety or general welfare of those living therein.
Those having light, air and sanitation facilities
which are inadequate to protect the health, safety or general welfare
of human beings who live or may live therein.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
Those which because of their condition are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the people of the City.
As to a residential building or structure means that no one
has resided in such building or structure for a period of 45 days.
As to a commercial or industrial building or structure, they shall
be deemed vacant if not used for the commercial or industrial use
to which previously dedicated or for any other legitimate permissible
use for a period of 45 days.
A.
The owners of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish the building given by the Building Official and/or Board of Building Appeals shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in § 141-4D of this code.
B.
The occupant or lessee in possession who fails to comply with any notice to vacate or who fails to repair the building in accordance with any notice given by the Building Official and/or Board of Building Appeals as provided for in this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in § 141-4D of this code.
D.
The owner, agent, occupant or other person in control of any dangerous building or any building that is vacant or boarded who shall refuse or obstruct access to such building or the parcel on which it lies by the Building Official or his/her designees for purposes of inspection, securing, boarding up or emergency repairs as authorized in this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in § 141-4E of this code. If the Building Official is denied entrance to a dangerous building, or any building that is vacant or boarded for purposes of inspecting, securing and boarding up or emergency repairs as authorized by this chapter, he/she may, upon a showing of probable cause of a violation of this chapter, obtain a warrant from a Justice of the Peace or other judicial officer having jurisdiction for purposes of entering, inspecting, securing, boarding up or making emergency repairs to the subject building or structure. No entry by the Building Official, whether with or without a warrant, onto private property pursuant to this chapter shall be deemed a trespass.
[Added 3-30-2021 by Ord.
No. 532[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
Any person who shall violate any provision of this code or who fails to comply with any notice or order issued by the Building Official and/or Board of Building Appeals as set forth in Subsections A, B and C above, shall be fined not less than $200 nor more than $500 or imprisoned for a term of not more than 30 days, or both for a first offense. For a subsequent like offense, violation shall be punishable by a fine of not less than $500 and not more than $1,000 or by a term of imprisonment of not more than 60 days, or both. Each day of continuing violation shall be deemed a separate offense. The application of the foregoing penalty shall not preclude application to a court of equity for appropriate injunctive relief.
A.
The following standards shall govern decisions by
the Building Official and/or the Board of Building Appeals in ordering
any repairs, vacation, or demolition of a building determined to be
dangerous in violation of this code:
(1)
If, under all of the circumstances, it would be reasonable
to repair the building so that it will no longer exist in violation
of this code, it shall be ordered repaired. Factors that may be taken
into consideration in determining whether it is reasonable to make
repairs may include, but shall not be limited to, the extent and estimated
cost of the repairs necessary in comparison to the fair market value
or fair rental value of the building if such repairs were made; the
practicality of making such repairs due to construction, engineering,
safety, or similar constraints; the uniqueness of the building from
an architectural or historic vantage point; and the financial ability
of the owner, occupant, or lien holder to initiate such repairs and
complete them in a workmanlike and timely manner. Where the building
is located within an historic district or if eligible for nomination
to the National Historic Register, consultation with the Historic
Area Commission shall occur throughout the procedures provided for
by this code.
(2)
If the building is in such condition, or if authorized
repair work is such as to endanger the health, safety, or general
welfare of the building's occupants, it shall be ordered vacated.
(3)
In all cases where it is determined that it would
not be reasonable to repair the building so that it will no longer
exist in violation of the terms of this code, it shall be ordered
demolished.
(4)
In all cases where it is determined that a dangerous
building is a fire hazard existing or erected in violation of the
terms of this code or any City ordinance or state statute, it shall
be ordered demolished.
(5)
In any case where the building is determined to be
damaged, decayed, or deteriorated to such an extent as to require
replacement of 50% or more of its major structural components (e.g.,
foundation, supporting structural members, floors, exterior walls,
roof, windows and doors); the total square footage of all enclosed
floor area; or the reasonably estimated current cost (including all
labor, materials, engineering, building permits, insurance, and the
like) of reconstructing the entire building then, in such case, the
building shall be ordered demolished.
B.
Provided, however, anything herein to the contrary
notwithstanding:
(1)
Whenever a building has been ordered repaired, but
the owner, occupants, or lien holders have not, within a reasonable
time (not to exceed one year) properly completed all repairs necessary
so that the building will no longer exist in violation of the provisions
of this code, a rebuttable presumption shall arise that it is not
reasonable to repair the building and the Building Official shall
re-initiate proceedings under this code to have the building demolished.
(2)
Whenever any building has been ordered demolished
and any property owner, occupant, or lien holder provides the City
with a written performance bond, in a form acceptable to the City,
with approved surety, to make all repairs, modifications, and replacements
approved by the Building Official as necessary, so that the building
will no longer exist in violation of this code, the property owner
shall be allowed a reasonable period of time under the circumstances,
(not exceeding one year), to make such repairs, modifications, and/or
replacements. Approved surety may include a completion bond issued
in favor of the City by a reputable insurance company licensed to
do business in this state, or an irrevocable letter of credit in an
amount equal to 125% of the estimated cost of the project from a bank
with offices in this state, or a first lien mortgage on real estate
in this state having an appraised value of not less than 150% of the
estimated cost of the project, or cash in an amount equal to 125%
of the estimated cost of the project to be held by the City pending
completion of the project. For purposes hereof, the estimated cost
of the project shall be determined by a professional engineer and
shall include all costs associated with the project, including construction,
permits, insurance, landfill charges, and landscaping/restoration.
[Added 3-30-2021 by Ord.
No. 532]
A.
It shall be unlawful for any owner, agent, or person in control of
any building or structure which is vacant and open or otherwise dangerous
to fail to secure and board up the open areas of any such building
or structure. If, after seven days' written notice by certified
mail to the owner at his/her last known address as shown on the tax
records of New Castle County, the building or structure is not secured,
but rather remains vacant and open or otherwise dangerous, the Building
Official may enter upon the premises, building or structure and secure
or board up the open areas of such building or structure, or cause
the same to be done.
B.
The owner or owners of the subject building or structure shall be
jointly and severally liable to the City for the full amount so expended
in securing and boarding it up. The owner, agent or person in control
of such building or structure shall reimburse the City for all costs
incurred by the City in so securing or boarding up such building or
structure. The City may maintain an action at law in debt against
such owner or owners to recover the amount of money, so expended,
plus interest at the rate of 18% per annum, court costs and legal
fees.
C.
The Building Official shall send certified mail notice to the owner or owners of a boarded building or structure at his/her last known address as shown on the tax records of New Castle County advising them that they are jointly and severally responsible for taking appropriate action to repair and rehabilitate such building or structure by returning it to full compliance with the City's Building Construction Code (Chapter 102), Building Standards for One- and Two-Family Dwellings Code (Chapter 103) and the Housing and Property Maintenance Code (Chapter 140) and securing a certificate of occupancy from the Building Official within 90 days of the date of such notice. The notice shall provide that unless an extension is granted pursuant to Subsection E, the owner or owners of a boarded building or structure shall be jointly and severally liable for fines in the amount of $500 per day for each day beyond said ninety-day period (or each day beyond the period of extension granted pursuant to Subsection E) that such building or structure remains boarded in whole or in part. The notice shall further provide that such fines, as well as all costs incurred by the City in so securing or boarding up such building or structure, if any, shall represent a lien on the subject building or structure and the real property on which it lies, and that the amount of the lien shall be considered a tax lien and executable as such and shall include all court costs and legal fees.
D.
The Building Official shall send certified mail notice to any person(s) or entity that acquires record title to any boarded building or structure to the owner at his/her last known address as shown on the tax records of New Castle County that they are jointly and severally responsible for taking appropriate action to repair and rehabilitate such building or structure by returning it to full compliance with the City's Building Construction Code (Chapter 102), Building Standards for One- and Two-Family Dwellings Code (Chapter 103) and the Housing and Property Maintenance Code (Chapter 140) and securing a certificate of occupancy from the Building Official within 90 days of the date of such notice. The notice shall provide that unless an extension is granted pursuant to Subsection E, the owner or owners of a boarded building or structure shall be jointly and severally liable for fines in the amount of $500 per day for each day beyond said ninety-day period (or each day beyond the period of extension granted pursuant to Subsection E) that such building or structure remains boarded in whole or in part. The notice shall further provide that such fines, as well as all costs incurred by the City in so securing or boarding up such building or structure, if any, shall represent a lien on the subject building or structure and the real property on which it lies, and that the amount of the lien shall be considered a tax lien and executable as such and shall include all court costs and legal fees.
E.
It shall be within the discretion of the Building Official to grant an extension of time to permit a boarded building or structure to remain so in excess of the ninety-day periods set forth in Subsections C and D above, provided no extension shall exceed nine months, if active rehabilitation of the building or structure is on-going and the following additional requirements are met:
(1)
The owner of the property must submit a written letter to the Building
Official describing in detail the specific work taking place or to
take place, including a timetable of each aspect of the rehabilitation.
(2)
All necessary building permits must be acquired or, if previously
acquired, must be active and maintained throughout the rehabilitation
process.
(3)
The work being performed must be continual throughout the entire
period the building remains vacant or boarded. If work is discontinued
for more than 20 consecutive days, the Building Official may send
written notice revoking the extension granted.
G.
An owner shall have the right to appeal the imposition of a fine
assessed under this section or any decision of the Building Official
made under authority of this chapter to the Board of Building Appeals
upon filing an application, in writing, stating the reasons therefor,
along with a filing fee in an amount equal to that required of Board
of Adjustment applications, no later than 30 calendar days after the
date of the billing statement for such fine or the date of such decision,
as the case may be. On appeal, the owner shall bear the burden of
providing satisfactory evidence why such fine(s) shall not apply or
why the Building Official's decision should be reversed or revised.
All dangerous buildings are hereby declared
to be public nuisances and shall be repaired, vacated or demolished
as provided in this code.
The Building Official shall:
A.
Inspect or cause to be inspected periodically, all
public buildings, schools, halls, churches, theaters, inns, tourist
homes, tenements, commercial, manufacturing, or loft buildings for
the purpose of determining whether any conditions exist which render
such places a dangerous building, as follows:
(1)
As to buildings held out to the public, the Building
Official may periodically enter to inspect such buildings without
reasonable suspicion. This includes, but is not limited to, schools,
churches, restaurants, and other public buildings.
(2)
As to private buildings, including but not limited
to any structure used for private dwelling purposes or rented for
such purpose, the Building Official may not enter periodically to
inspect such buildings and may only enter such buildings if the Building
Official has a reasonable suspicion of a violation of this code. A
reasonable suspicion is any reasonable ground to suspect a violation
of this code.
B.
Inspect any building, wall or structure about which
complaints are filed by any resident, adjoining property owner, or
occupant thereof, to the effect that a building, wall or structure
is or may be existing in violation of this code.
C.
Inspect any building, wall or structure reported (as
provided for in this code) by any resident, adjoining property owner,
or occupant thereof, as probably existing in violation of the terms
of this code.
D.
Inspect such other buildings as shall from time to
time come to his/her attention as possibly dangerous buildings.
E.
Notify, in writing, by registered or certified mail,
the owner, occupant, lessee, mortgagee, agent and all other persons
having an interest in the building as shown by the land records of
the Recorder of Deeds of New Castle County, of any building found
by him/her to be a dangerous building that:
(1)
The owner must vacate, repair or demolish in accordance
with the terms of the notice and this code.
(2)
The occupant or lessee must vacate the building or
have it repaired in accordance with the notice and this code.
(3)
The mortgagee, agent or other persons having an interest
in the building as shown by the land records of the Recorder of Deeds
of New Castle County may, at his/her own risk, repair, vacate or demolish
the building or have such work or act done.
(4)
Any person notified under this subsection to repair,
vacate or demolish any building shall be given such reasonable time,
not exceeding 30 days, as may be necessary to do, or have done, the
work or act required by the notice.
F.
Set forth in the notice provided for in Subsection E of this section, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this code within such length of time, not exceeding 30 days, as is reasonable.
H.
Appear at all hearings conducted by the Board of Building
Appeals and testify as to the condition of dangerous buildings.
I.
Place a notice or placard on all dangerous buildings
reading as follows: "This building has been found to be a dangerous
building by the Building Official. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice which has been given to the owner, occupant, lessee,
mortgagee or agent of this building, and all other persons having
an interest in the building as shown by the land records of the Recorder
of Deeds of New Castle County. It is unlawful to remove this notice
until such notice is complied with." In addition, the notice or placard
shall include the following:
(1)
The location and/or address.
(2)
The name of the authorized department having jurisdiction
(3)
The chapter and section of the Code under which the
notice issued.
(4)
An order that the building or structure, when vacated,
must remain vacant until the provisions of the order are complied
with and the order to vacate is withdrawn.
(5)
The date that the placard is posted and the date when
the property must be vacated.
(6)
A statement of the penalty for defacing or removing
the placard.
J.
Prosecute all persons failing to comply with the terms
of the order provided for above.
K.
Service of notice to vacate shall be as follows:
(1)
Notice shall be deemed to be served upon the responsible
person if the copy thereof is delivered to him/her personally, or,
if not found, by leaving a copy thereof, at his/her usual place of
abode with a person of suitable age and discretion who shall be informed
of the contents thereof, or if the notice is returned showing that
it has not been delivered, substitute notice shall be served by sending
a copy thereof by certified or registered mail to his/her last known
address and posting a copy thereof in a conspicuous place in or about
the dwelling affected by the notice and by publishing it once each
week for three successive weeks in a newspaper of general circulation
in accordance with the rules of the Superior Court of the State of
Delaware.
(2)
A copy of the notice shall be given to the occupant
or occupants of the building.
[Amended 11-4-2020 by Ord. No. 531]
A.
The City Solicitor shall:
(1)
When directed by the City Council, prosecute all persons failing
to comply with the terms of any order provided for in this code.
(2)
Bring suit to collect all municipal liens, assessments or costs incurred
in repairing or causing to be vacated or demolished any dangerous
buildings.
(3)
Take such other legal action as is necessary to carry out the terms
and provisions of this code.
[Amended 11-4-2020 by Ord. No. 531]
A.
The Board of Adjustment shall serve as the City's Board of Building
Appeals (the "Board").
B.
Except in emergency cases under § 141-14 of this chapter, a property owner aggrieved by any notice or order to repair, vacate or demolish a dangerous building received from the Building Official under this chapter may file an appeal with the Board of Building Appeals within 30 days from the date of such notice or order. Upon the filing of an appeal as set forth herein, the Board of Building Appeals shall set a hearing date and hold a hearing within 40 days. At such hearing, the Board shall receive any evidence which the person aggrieved, the Building Official, or a complainant may desire to offer, shall make findings and shall render a decision, in writing, within 30 days of the date of the hearing. The Board, with a concurring vote of the majority of its members, may affirm, modify, reverse, vacate, or revoke the action appealed; provided, however, that the action of the Building Official shall be affirmed by the Board if the action was not arbitrary or capricious and was taken pursuant to law; and provided, further, that the decision of the Board shall not vary the terms of any law, code, or ordinance.
C.
The Board of Building Appeals, subject to approval by City Council,
shall have the power to make, revise, or rescind such rules as it
may deem necessary or appropriate to regulate and govern practice
and procedure before the Board and the conduct of the Board's
affairs.
The Board of Building Appeals shall:
A.
Upon receipt of a report from the Building Official as provided for in § 141-8G or upon the written request by any other persons having an interest in the building, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building to appear before it on the date specified in the notice to show cause why the building Or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Official's notice.
B.
Hold a hearing and hear such testimony as the Building
Official or the owner, occupant, mortgagee, lessee or any other person
having an interest in the building as shown by the land records of
the Recorder of Deeds of New Castle County shall offer relative to
the dangerous building.
C.
Make written findings of fact from the testimony offered pursuant to Subsection B of this section as to whether or not the building in question is a dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C this section commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building as shown by the land records of the Recorder of Deeds of New Castle County to repair, vacate or demolish any building found to be a dangerous building within the terms of this code, setting the time within which the building shall be repaired, vacated or demolished and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing the dangerous building; or any person not the owner of the dangerous building but having an interest in the building as shown by the land records of the Recorder of Deeds of New Castle County may demolish the dangerous building at his/her own risk to prevent the acquiring of a lien against the land upon which the dangerous building stands by the City as provided for in this code.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D of this section within 10 days, the City Council, on the recommendation of the Board of Building of Appeals, shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards provided for in § 141-5, and shall, with the assistance of the City Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this City, the City Council on the recommendation of the Board of Building Appeals shall notify the City Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
When any building or structure has been ordered
razed and removed, the Building Official may sell the salvage and
valuable materials resulting from such razing or removal, and such
proceeds of such sale, after deducting the expenses of such razing
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
for the use of the person who may be entitled thereto, subject to
any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
It shall be unlawful for the owner of any building
or structure who has received a compliance order or upon whom a notice
of violation has been served to sell, transfer, mortgage, lease or
otherwise dispose of such property to another until the provisions
of the compliance order or notice of violation has been complied with
or until such owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the Building Official and shall furnish to the Building
Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building is immediately repaired, vacated or demolished, the Building Official shall report such facts to the City Council and the Board of Building Appeals, and the Board may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous buildings shall be collected in the same manner as provided in §§ 141-11E and 141-18.
In cases, except emergency cases, where the
owner, occupant, lessee or mortgagee is absent from the City, all
notices or orders provided for in this code shall be sent by registered
or certified mail to the owner, occupant, mortgagee, lessee and other
persons having an interest in such building as shown by the land records
of the Recorder of Deeds of New Castle County, to the last known address
of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. Such mailing
and posting shall be deemed adequate service.
No officer, agent or employee of the City shall
render himself/herself personally liable for any damage that may accrue
to persons or property as result of any act required or permitted
in the discharge of his/her duties under this code, and shall be defended
by the City Solicitor until the final determination of the proceedings
therein.
The fire marshal, all officers of the police
force, and all other employees of the City shall report, in writing,
to the Building Official all buildings or structures within the City
which shall come to their knowledge or attention as being dangerous
or vacant buildings within the terms of this code.
A.
Whatever expenses incurred in relation to authorized
improvements and/or demolition pursuant to this code shall be paid
by the City, the owner or owners shall be jointly and severally liable
to the City for the full amount so expended. Whenever costs or expenses
have been incurred as aforesaid, the expenditure of public funds for
improvements to or demolition of any building or structure deemed
to be unsafe, following notice to the owners, the costs so incurred,
with interest to be levied at a rate of 18% accrued annually from
the date of expenditure, shall be reimbursed to the City, on demand,
by the person or persons who were the owner or owners of such building
or structure at the time such improvement or demolition commenced.
B.
The City may maintain an action at law in debt against
the owner or owners to recover the sums of money so expended, plus
interest at a rate of 18% accrued annually, plus court costs and legal
fees.
C.
When the City expends public funds for the purpose
of improvements and/or demolition to any vacant building or dangerous
building and after such notice has been given, the City may enter
a lien for the amount so expended in a lien book maintained by the
New Castle County Prothonotary for the Superior Court of the State
of Delaware.
D.
The amount of the lien, which shall be considered
a tax lien, shall include the total cost of the improvements and/or
demolition, all court costs, all legal fees, and engineering fees,
and all interest accrued thereon, on the lands and premises on which
such work of improvements and/or demolition was performed.
[Added 10-9-2007 by Ord. No. 451; 3-30-2021 by Ord. No. 532]
A.
Purpose. The purpose of this section requiring the registration of
all vacant buildings and the payment of registration fees is to assist
the City government in protecting the public health, safety and welfare,
to monitor the number of vacant buildings in the City, to assess the
effects of the condition of those buildings on nearby homes and/or
businesses and the neighborhoods in which they are located, particularly
in light of fire safety hazards and unlawful, temporary occupancy
by transients, including illicit drug users and traffickers, to require
of the owners of such vacant buildings their registration and the
payment of related fees, and to promote substantial efforts to rehabilitate
such vacant buildings. The provisions of this section are applicable
to the owners of such vacant buildings as set forth herein and are
in addition to and not in lieu of any and all other applicable provisions
of this chapter, the health and sanitation code, and any other applicable
provisions of the New Castle City Code.
B.
Definitions; applicability; registration statement and fees.
(1)
BOARDED
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS
OCCUPIED
OPEN
OWNER
VACANT
Definitions. For purposes of this section, the following words and
phrases shall have the meanings respectively ascribed to them as follows:
A building or structure subject to the provisions of this
section shall be deemed to be "boarded" if, in place of one or more
exterior doors, other than a storm door, or of one or more windows,
there is a sheet or sheets of plywood or similar material covering
the space for such door or window.
The safe and lawful maintenance of the facade, windows, doors,
roof, and other parts of the exterior of the building and the maintenance
of its major systems consisting of the roof, the electrical and plumbing
systems, the water supply system, the sewer system, and the sidewalk
and driveway, if any, area of the lot.
Any building or structure shall be deemed to be occupied
if one or more persons actually conduct a lawful business or reside
in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner-occupant or tenant on a permanent,
nontransient basis, or any combination of the same. For purposes of
this section, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the U.S. Postal Service; proof of continual
telephone, electric, gas, heating, water and sewer services; a valid
City business license or the most recent federal, state or City income
tax statements indicating that the subject property is the official
business or residence address of the person or business claiming occupancy;
or proof of pre-rental inspection.
A building or structure subject to the provisions of this
section shall be deemed to be "open" if any exterior door other than
a storm door is broken, open, or closed but without a properly functioning
lock to secure it, or if one or more windows are broken or not capable
of being locked and secured from intrusion, or any combination of
the same.
An owner of the freehold of the premises or any lesser estate
therein, a mortgagee, a vendee-in-possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
that is directly or indirectly in control of a building subject to
the provisions of this section, and as set forth below.
A building or structure shall be deemed vacant if no person
or business entity actively conducts a lawfully licensed business
on a regular basis therein, or if no person lawfully resides or lives
on a regular basis therein. A building or structure shall not be deemed
vacant for purposes of the application of this section if a person
who normally conducts a lawfully licensed business in the building
or structure, or if a person who lawfully resides or lives in any
part of the building or structure, shall be temporarily absent from
the premises for reasons of:
(2)
Applicability. Except as otherwise provided in this chapter, the requirements of this section shall be applicable to each owner of any building that is not a dwelling that shall have been vacant for more than 45 consecutive days, and to each owner of residential property consisting of one or more vacant dwellings that shall have been vacant for more than 45 consecutive days. Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each such vacant building, the names and valid addresses, telephone numbers and email addresses of all owners, as hereinafter described, and any other information deemed necessary by the City. The registration fees as required by Subsection B(3) of this section shall be billed by the City and shall be paid by January 1 of each year. For purposes of this section, the following shall also be applicable:
(a)
If the owner is a corporation, limited-liability company or
other artificial entity, the registration statement shall provide
the names, addresses, telephone numbers and email addresses of all
members, partners, principals and owners holding an interest of 10%
or greater in the entity, as well as all officers and managers of
the entity, and shall be accompanied by a copy of the most recent
annual franchise tax report filed with the Secretary of State;
(b)
If an estate, the registration statement shall provide the name(s),
address(es), telephone number(s) and email address(es) of the personal
representative of the estate;
(c)
If a trust, the registration statement shall provide the name(s),
address(es), telephone number(s) and email address(es) of all trustees,
grantors and beneficiaries;
(d)
If an individual person, the registration statement shall provide
the name, residence address, telephone number and email address of
that individual person.
(3)
Registration statement and fees; local agent. If none of the persons listed above is shown at an address within the state, the registration statement shall also provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith. Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open or vacant and boarded, and shall be required whenever any building has remained vacant for 45 consecutive days or more. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with all other provisions of this Chapter 141, or any other building code or housing code requirement. One registration statement may be filed to include all vacant buildings of the owner so registering. The owner of the vacant property as of November 15 of each calendar year shall be responsible for the payment of the nonrefundable registration fee.
C.
Inspections. Any structure or dwelling that remains vacant (whether or not registered with the City under this section) for in excess of one year shall be subject to inspection by the Building Official from time to time as the Building Official reasonably deems appropriate to determine the safety and stability of such structure or dwelling. If the Building Official is denied entrance to the vacant building or structure for purposes of inspecting same, he/she may, upon a showing of probable cause, obtain a warrant from a Justice of the Peace as authorized by § 141-4D of this chapter.
D.
Retroactivity. This section shall be applied retroactively. Any building
which is vacant on the date of the enactment of this section shall
be charged such registration fee as is appropriate based upon the
length of time which such building or structure has been continuously
vacant immediately prior to the date of enactment of this section.
E.
Appeal rights. The owner shall have the right to appeal the imposition
of the registration fees to the Board of Building Appeals upon filing
an application, in writing, with a nonrefundable filing fee equal
to that required of Board of Adjustment applications to the Department
of Licenses and Inspection no later than 30 calendar days after the
date of the billing statement. On appeal, the owner shall bear the
burden of providing satisfactory, objective proof of occupancy.
F.
One-time waiver of registration fee. A one-time waiver of the registration
fee may be granted by the Board of Building Appeals upon application
of the owner, if the owner:
(1)
Demonstrates with satisfactory proof that he/she is actively and
continuously in the process of demolition, rehabilitation or other
substantial repair of the vacant building; and
(2)
Objectively demonstrates the anticipated length of time for the demolition,
rehabilitation or other substantial repair of the vacant building,
not to exceed nine months from the date the waiver is granted.
G.
Two-year waiver. Upon application by the owner and satisfaction of Subsection F above, the Board of Building Appeals may grant a two-year waiver of the registration fee if the owner of a property intended for residential use meets the criteria for nonprofit organizations as defined by § 501(c)(3) of the Internal Revenue Code of 1986, as same may be amended.
H.
Delinquent registration fees as a lien. After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal pursuant to Subsection E above, and the owner fails to pay the amount due, said amount shall constitute a civil debt due and owing to the City and shall further constitute a lien in favor of the City on the subject building or structure and the real property on which it lies. The amount of the lien shall be considered a tax lien, executable as such, and shall include all interest, court costs and legal fees.
I.
Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is
the responsibility of the owner, responsible party or agent for the
same to contact the Department of Licenses and Inspections within
30 days of the occurrence of such change and advise the Department,
in writing, of those changes.
J.
Exceptions. This section shall not apply to:
K.
Violations and penalties. The failure or refusal, for any reason,
of any owner or agent of an owner acting on behalf of the owner to
register a vacant building or to pay any fees required to be paid
pursuant to the provisions of this section within 30 days after they
become due shall constitute a violation, punishable upon conviction
thereof by a fine in the amount of not less than $100 nor more than
$500 for each failure or refusal to register, or for each failure
or refusal to pay a required vacant building fee, as applicable. In
such cases, whenever the minimum fine of $100 is imposed, it shall
not be subject to suspension or reduction for any reason.
