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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)
1. All fee waivers must be applied for on an annual basis, and are subject to approval by the City Mayor or his or her designee.
2. A fee waiver is valid for no more than 12 months, and may be issued for a shorter period of time.
a. Property which has been devastated by a catastrophe such as fire or flood, the owner has 30 days to register from the date of the disaster but may be exempt from the fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due.
b. A property owner who is indigent must register and is otherwise subject to this article but may be exempt from the fees.
c. Representatives of a property owner who is deceased or is no longer legally competent must register the property and are otherwise subject to this article, but may be exempt from the registration fees. If representatives of the property owner cannot be identified and provisions of this article are required to be carried out by the city to protect the property, then the city reserves the right to make corrections and charge the cost to the owner(s) by filing appropriate liens with the County Clerk.
d. Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees.
(Ord. 2019-05, passed 7-8-2019)
1. Written notice of violation will precede the issuance of a citation, in which the vacant property owner will be given 30 days, as determined by the City Mayor or his or her designee, to remedy the violation. Written notice shall be issued to the vacant structure property owner by means of personal service, or by first class mail to his or her last known address according to the county appraisal district records, and by posting on the property.
2. Failure to register with the city after written notice to the vacant structure property owner, as is hereinafter specified, is a violation of this article.
3. Any person, firm or corporation found guilty of violating any of the provisions of this article shall be deemed guilty of a misdemeanor of an ordinance affecting the public health and safety, and upon conviction shall be subject to a fine in accordance with the general provisions of this code of ordinances.
4. Administrative, civil and criminal enforcement are alternative remedies which may be sought independently of each other.
(Ord. 2019-05, passed 7-8-2019)
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