It is the purpose and intent of this ordinance to establish a vacant property code registration and maintenance program as a mechanism for preserving and promoting public health, safety, prosperity, and welfare; to abate and prevent public and private nuisances and potential fire hazards; and to provide for administration, enforcement, and penalties. This ordinance applies to all property types in the City of Carroll.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. ACCESSORY BUILDING/STRUCTURE. A separate subordinate building the use of which is incidental to that of the principal use or of the principal building or land and is located on the same parcel as the principal building.
2. AGENT. A designated representative of the property owner who may act on behalf of and make decisions for the owner with regard to the vacant property.
3. AUTHORIZED OFFICIAL. Members of the City Staff, including, but not limited to, the Building Official, Code Compliance Officer, or Fire Department Chief, shall oversee the administration and enforcement of this code. Work may include but is not limited to completion of administrative work, inspections or assessments, and/or other necessary actions in order to ensure compliance.
4. BUILDING. Any Structure used or intended for supporting or sheltering any use or occupancy.
5. DANGEROUS BUILDING. A building is deemed to be dangerous if it meets any of the definitions set forth in Chapter 145, City Code of Ordinances.
6. EXTERIOR PREMISES. The open space on the property or the portion of the property upon which there is not a structure.
7. GOOD REPAIR. Shall mean free from blight and hazardous conditions, clean, sanitary, and safe.
8. ILLEGALLY OCCUPIED. Shall include any occupancy in violation of City ordinances.
9. IMMINENT HAZARD. A condition which could cause serious or life-threatening injury or death at any time.
10. JUNK. Scrap metals or scrap materials, abandoned, dismantled or partially dismantled machinery, motor vehicles, other vehicles or appliances, and other items defined as junk in Chapter 51, City Code of Ordinances.
11. MIXED OCCUPANCY. Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
12. OCCUPANT. An occupant is any person other than the record owner who leases or otherwise lawfully resides in a building or premises, or a portion of a building or premises.
13. OWNER. Any person holding title to the property, or with a legal or equitable interest in the property, as recorded in the Office of the Recorder for Carroll County.
14. PARTIALLY VACANT. A building that has one (1) or more stories or dwelling units vacant.
15. RESPONSIBLE PERSON. A natural person who is the owner, operator, agent or manager of any building, structure, or property and is responsible for the property's maintenance and/or management.
16. REFUSE. All garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health, or detrimental to the best interests of the community.
17. STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.
18. UNOCCUPIED. A building which lacks a physical presence of any occupant for at least 180 consecutive days for the purpose for which it was erected or a building unfit for occupancy due to a failure to meet minimum standards set out by City Code of Ordinances. The storage of products, materials, or other personal property does not constitute occupancy unless otherwise authorized by the City zoning ordinance.
19. UNSECURED. A building or portion of a building that is open to entry by unauthorized persons without the use of tools.
20. VACANT BUILDING. A building shall be deemed to be vacant if it is unoccupied and/or no person currently resides in the building or operates a lawful business open regularly for business with the exception of holidays and seasonal businesses, and if it meets one or more of the following:
A. Unsecured or secured by means other than those used in the design of the building;
B. Declared unfit for occupancy as determined by the Building Official, Code Compliance Officer, Fire Department Chief, or other authorized City representative;
C. Been deemed a dangerous and/or dilapidated building by the City of Carroll;
D. Subject to housing, building, fire, health and safety, nuisance, or zoning code violations; or
E. Lacks one or more utilities for a period of at least one hundred eighty (180) consecutive days. Vacant buildings do not include any buildings being constructed pursuant to a valid building permit issued by the City of Carroll that is progressing in accordance with timelines authorized under the issuance of the permit.
21. VACANT PROPERTY. Includes vacant buildings.
22. WASTE. Shall mean garbage, ashes, rubbish, refuse, or trash.
23. WEEDS. Dense growth of all weeds, vines, brush, or other vegetation which may constitute a health, safety, or fire hazard.
1. General. The provisions of this Chapter shall apply to all buildings in any zoning district in the City of Carroll, vacant or partially vacant for over one hundred eighty (180) consecutive days.
2. Conflict. In any case where a provision of this Chapter is found to be in conflict with a provision of any of the provisions of the Code of Ordinances, the provision which established a higher standard for the protection of the public health, safety, and welfare shall prevail.
3. Application of Other Ordinances. Nothing contained herein shall be deemed to authorize the use of a structure or premises contrary to any other provision of the Code of Ordinances. Repairs, additions, or alterations to a structure shall be done in accordance with the procedures and provisions of State and local laws. Nothing in this Section shall be construed to cancel, modify, or set aside any provision of the City Zoning Ordinance or Building Code.
4. Existing Remedies. The provisions in this Chapter shall not be construed to abolish or impair existing remedies of the City, or its officers or agencies, under State laws or this Code of Ordinances, including the Zoning Ordinance, relating to the removal or demolition of any structure which is dangerous, unsafe, and/or unsanitary, or the abatement of public nuisances.
1. Vacant Property Registration Required.
A. Vacant Building. The owner of a vacant building to which this Chapter applies shall be required to register the property within ninety (90) days of becoming vacant. Upon enactment of this Chapter of the City Code, any vacant building must register no later than 90 days thereafter.
2. Vacant Property Registration Form. The required form shall be completed by the property owner or agent and submitted to the Building Department. The owner/agent is responsible for updating the registration form annually and as changes occur. The Registration Form shall require information including, but not be limited to, the following:
A. Contact information for all owners. If the owner does not reside within the State of Iowa, the owner shall provide the name, address, telephone number, and email address of an agent who is available for service of process within the State of Iowa. If the owner is other than a natural person or persons, the following shall apply, as appropriate:
(1) If the owner is a corporation, limited liability company, or limited or general partnership, the registration statement shall provide the names and addresses of all responsible persons and the name and business address of the registered agent for service of process pursuant to the Iowa Code.
(2) If an estate, the name and address of the executor of the estate.
(3) If a trust, the names and address of the trustee or trustees.
(4) If a partnership, the names and addresses of the partner or partners.
B. Contact information for a responsible person, as defined by this Chapter, who is a natural person who may be contacted at all times for inspections, emergency repairs, or maintenance, and who can respond to the vacant property when requested.
C. Proof of insurance coverage for the property including the following minimum amounts:
(1) $100,000 in general liability coverage; and
(2) Fire and casualty coverage for all structures equal to no less than their replacement value, as determined by the applicant's insurance provider, or its assessed value determined by the Carroll County Assessor, or a minimum of $50,000, or
(3) If insurance is not able to be obtained, a Bond in the amount of $50,000 must be secured in the City's favor to ensure all structures on the property can be properly demolished and removed in the event of destruction without taxing public resources. Said Bond shall be submitted to the City Clerk.
(4) If neither insurance nor bond is secured, an Uninsured Property Fee shall be charged annually, in the amount of $3,000. If the uninsured property fee is not paid, the Clerk shall send a statement of the annual fee by certified mail to the property owner and if not paid within 30 days, the Clerk shall certify the amount to the County Treasurer and such amount shall then be collected with and in the same manner as general property taxes.
D. Proposed plans for the property and corresponding timeline for action. This may include any new construction, redevelopment, rehabilitation, or demolition plans for the property.
E. An acknowledgement by the owner/agent that grass and weeds shall not exceed a height as established by Section 50.02(9) of the Code of Ordinances and a plan for how the owner will comply with this requirement, including (if applicable) the name and telephone number of any company engaged to manage grass and weeds at the property.
F. An acknowledgment by the owner that snow and ice shall be removed from the public right-of-way within twenty-four (24) hours of snowfall and a plan for how the owner will comply with this requirement, including (if applicable the name and telephone number of any company engaged to provide snow and ice removal services at the property.
G. An acknowledgment by the applicant that the owner is aware of and understands the vacant property standards set forth in § 159.05.
3. Vacant Property Registration Fee. A Registration Fee shall be collected at the time of registration and annually thereafter. Failure to register a vacant property will result in the City charging an Unregistered Property Fee of $750.00 and any other enforcement means provided in the City's Code of Ordinances. The vacant property registration fee shall be $500.00 or 1% of the total assessed value of the property, whichever is greater. All fees, whether established herein or not, shall be set, or amended by subsequent resolution.
All vacant buildings subject to registration shall comply with the following standards:
1. Building Openings. Doors, windows, and other openings shall be weathertight and secured against entry by birds, vermin, and trespassers. Missing or broken glass in doors, windows, and other such openings shall be repaired and/or replaced with glass within twelve (12) months of becoming vacant. No building opening shall be boarded for more than twelve (12) months. All first floor or ground level windows, doors, and openings shall be free of any posters, paper, or fabric coverings.
2. Waste Removal. All waste, debris, rubbish, and garbage shall be removed from the exterior of the property and from areas visible from the public right-of-way and adjacent properties such as porches, carports, or other open areas.
3. Roofs. The roof and flashings shall be sound and tight, not admit moisture, or have defects which might admit moisture, rain, or roof draining and shall allow for sufficient drainage to prevent dampness or deterioration in the interior of the building.
4. Building Structure. The building shall be maintained in a sanitary manner and in a manner that does not pose a threat to the public health, safety, and welfare.
5. Structural Members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
6. Foundation Walls. The foundation walls shall be maintained in a structurally sound and sanitary condition so as not to pose a threat to the public health, safety, and welfare, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and resistant to vermin.
7. Exterior Walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials such as paint or similar surface treatment.
8. Decorative Features. The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
9. Overhanging Extensions. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features shall be in good repair, anchored, safe and sound. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
10. Chimneys and Towers. Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment.
11. Walkways. Public walkways shall be in good repair, shall be safe for pedestrian travel, and shall be free of snow and ice. Snow and ice removal shall be completed within twenty-four (24) hours of a snowfall.
12. Accessory Building/Structures. Accessory buildings and structures such as garages, sheds, and fences shall be free from safety, health and fire hazards; and shall comply with these Vacant Building Maintenance Standards.
13. Exterior Premises. The surrounding premises upon which the structure or building is located shall be clean, safe, sanitary, free from waste, rubbish, garbage, excessive vegetation, shall not be used for exterior storage, and shall not pose a threat to public health, welfare, or safety.
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