(a) "Vacant building" shall be defined for purposes of this section, means a building which is not actually occupied by its owner, lessee or other invitee, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content, that has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises may be entered and utilized by vagrants or other uninvited persons as a place of harborage, or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers public safety, health, or welfare.
(b) Duties of Owner. The owner or registered agent of the owner of any building that has become vacant shall, maintain the vacant building as follows:
(1) Lawns and landscaping shall be kept mowed, maintained and trimmed.
(2) All building exteriors shall have adequate weather protection, including paint, siding and or similar finishes in good condition.
(3) All buildings and grounds must be secured against trespassers or rodents. This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition. It shall be noted that it is deemed unlawful to utilize boards, plywood or similar means or materials to secure windows and doors of vacant structures within the City of Bedford. Doors and/or windows that are deemed insecure shall be secured by their replacement with similar, new doors or window units equipped with the necessary locking hardware.
(4) Roofs on all buildings shall be in good, weather tight condition with no leakage.
(5) Any accumulated trash or debris must be removed from the property immediately.
(c) Insurance Required.
The owner of any building that has become vacant shall maintain liability insurance, covering any damage to any person or any property caused by any physical condition of or in the building.
(d) Administration. The Building Inspector may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be guilty of a first degree misdemeanor punishable by a fine of up to one thousand ($1,000) dollars and a term of imprisonment of up to six (6) months in jail. Every day that a violation continues shall constitute a separate and distinct offense.
(e) Notice to Owner. If at any time after making an inspection of a property the building inspector determines that the building is vacant and open or insecure, the building inspector shall notify the owner that the building must be enclosed and secured within thirty (7) days or the City will commence "declaration of nuisance" proceedings on the building. A written statement by the building inspector setting forth the basis for his or her determination shall accompany the order.
(f) City May Secure Building. Upon failure of an owner to secure a vacant building within the required time, the City will secure the building in accordance with the established rules and regulations and assess the costs of said work to the tax duplicate of the affected property.
(g) Enforcement by Assessment. The cost of securing and enclosing a vacant building incurred by the City shall be recoverable from the owner or owners and shall be an assessment on the property upon which the building or structure shall also be enforceable in the same manner as assessments for delinquent property taxes.
(Ord. 8307-09. Passed 3-2-09.)