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1. This article is designed to allow for the designation, and subsequent protection of, properties which have been determined to be architecturally, archaeologically, culturally or historically significant to the city and to allow interested parties the opportunity to arrange for the preservation of such properties.
2. The purposes of this article are to:
a. Promote the designation of historic properties and landmarks and the creation of historic districts for the educational, cultural, economic and general welfare of the public;
b. Safeguard the cultural and architectural heritage of the city;
c. Preserve and enhance the environmental quality of neighborhoods;
d. Strengthen the city’s economic base through stimulation of structural and district conservation, re-use and revitalization;
e. Stabilize and preserve property values; and
f. Promote harmonious, orderly and efficient growth and development of the community, through the integration of the preservation and comprehensive planning processes within the city.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOWNTOWN BUSINESS DISTRICT/HISTORIC. Located as adopted and described in the City of Cache zoning ordinance.
HISTORIC LANDMARK. An individual structure or property that has been designated as such through approved means by City Council, state or federal authority.
LAWFUL ACTIVITY. That for which the structure was built or intended to be used. No building shall be used primarily for storage of personal or business items.
OWNER. Any person, agent, firm, partnership or corporation having a legal interest in the property.
SECURED. All accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows being locked so as to prevent unauthorized entry.
STRUCTURE. That which is built or constructed.
TEMPORARILY SECURED. All accessible means of ingress and egress to the vacant structure, including, but not limited to, all exterior doorways and windows are covered with plywood (or other appropriate material) that has been nailed or bolted in place so as to prevent unauthorized entry.
(Ord. 2019-05, passed 7-8-2019)
1. This article shall apply to all vacant structures, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses and which are within the Downtown Business District/Historical and all vacant designated historic landmarks.
2. The City Mayor or his or her designees may consider provided evidence that the property is listed for sale or lease for fair market value and for a reasonable length of time for purposes of extending the length of time before the property must be registered.
3. Upon the issuance of notice by the city to register a vacant property, and prior to the issuance of a certificate of registration for any vacant building, the owner shall register with the city enforcement and provide the following information:
a. The address and legal description of the property;
b. The current name, physical address, mailing address, telephone number and e-mail information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent;
c. The contact information for a local manager of the properties and/or improvements located on said property, as applicable;
d. Proof of insurance of the building, which the owner shall procure and keep in full force and effect at all times during the registration term, for commercial general liability and property insurance coverage, with minimum combined bodily injury (including death) and property damage limits of not less than $1,000,000 for each occurrence and $2,000,000 annual aggregate;
e. A written comprehensive plan of action detailing a timeline for correcting violations, rehabilitation and maintenance while vacant, and future use(s) of the structure. Said plan of actions must be updated every six months;
f. A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event;
g. Written notice to the city, including a copy of the deed, of a change in:
(1) Ownership of the property;
(2) Contact information for the owner of the designated manager. Written notice must be provided to the city no later than 30 days after said changes have occurred; and
(3) Continued annual registration of the property by the vacant structure property owner until said structure is deemed occupied and in compliance with all relevant code requirements by the city.
(Ord. 2019-05, passed 7-8-2019)
Vacant structure property owners shall tender an annual registration and inspection fee of $500 for each vacant property after the initial partial year of registration, for which no fee shall be due. Subsequent annual registration fees shall increase by $500 per year of registration, and shall be due and postmarked no later than January 31 of each year with proceeds to go to business district maintenance.
(Ord. 2019-05, passed 7-8-2019)
1. Vacant structure property owners must designate a local manager for said properties and include a relevant contact information for the designated manager upon registering the property with the city. The property manager shall serve as agent for the property owner for purposes of accepting legal service; however, the vacant property owner remains personally liable in criminal prosecutions for code violations.
2. The property manager or agent must be available at the number listed at all times in the event of an emergency or catastrophe.
(Ord. 2019-05, passed 7-8-2019)
The standard of care, subject to approval by the City Mayor or his or her designee, shall include, but is not limited to:
1. Window, skylight and door. Every window, storefront, skylight and exterior door part, including, but not limited to, the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with appropriately sized doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the City Mayor or his or her designee;
2. Structure. All structural members and foundation shall be maintained free from deterioration, and all be capable of safely supporting the imposed loads;
3. Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weather-proof and properly surface-coated where necessary to prevent deterioration;
4. Roof and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, and operational;
5. Interior and exterior areas. The property must be dept free of junk, trash, debris and combustible materials;
6. Vegetation and landscaping. Shall be maintained in good and healthy condition;
7. Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals and/or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of one-half inch;
8. Overhang extensions and awnings. Overhand extensions including, but not limited to, canopies, marquees, signs, awnings and fire escapes shall be maintained in good repair and be properly anchored and supported as to be kept in a sound and safe condition;
9. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with property anchorage, and capable of supporting the imposed loads;
10. Handrails and guards. Every exterior handrail and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition;
11. Protective treatment. Exterior surfaces, including, but not limited to, doors, door and window frames, porches, balconies, decks and fences, shall be maintained in good condition, weather-tight and in such condition so as to prevent the entry of rodents and other pests. All exposed surfaces subject to rust or corrosion, other than decay-resistant woods or surfaces designed for stabilization by oxidation, shall be protected from the elements and against decay or rust by periodic application of weather costing materials such as paint or similar surface treatment. All siding, cladding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather-resistant and water-tight; and
12. Repairs. All repairs shall be subject to approval by the city. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules.
(Ord. 2019-05, passed 7-8-2019)
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