(a) Registry. There shall be established and maintained a Vacant Properties Registry, which shall include all vacant property and vacant structures.
(b) Voluntary Registration. The owner of any Vacant Property and the owner of any real property containing a Vacant Structure shall register the real property by filing a notice with the City on the form available at City Hall. Nonresident owners must designate a resident agent who shall execute the registration form with the owner(s), agreeing to accept, on behalf of such owner, service of process and notices of fees due under this Ordinance on behalf of the owner and who is designated as a responsible, local party or agent for the purposes of notification in the event of an emergency affecting the public health, safety or welfare by the City pertaining to such real estate under this Article.
(c) Involuntary Registration. Staff shall investigate properties that may be eligible for possible placement of the Property on the Registry. If inspection of a structure is necessary to an investigation, the provisions of Section 1759.04 shall apply. Upon determination that a property or structure is vacant, the Staff shall set forth in a written statement its findings supporting the determination and issue a notice that the real property be placed on the Vacant Properties Registry and that registry fees specified in Subsection (e) below be assessed against the owner of the real property. Staff shall cause a copy of the Order to be Served upon the owner of the subject real property and posted on the front door or another conspicuous location on the structure or property. If the owner of record disagrees with Staff's finding that the property is a Vacant Structure, the owner has the right to appeal that determination to the Vacant Properties Board. Such appeal shall be filed on an appeal form, available at City Hall. If no appeal is received within 30 days, from the date of the notice to the property owner, or as posted on the property, the right to an appeal shall expire.
(d) Exemption from Registration. The owner of real property containing a Vacant Structure may submit in writing to the Board a request for exemption from registration due to inability to occupy the structure for a period stated and for reasons stated in the request. Upon a finding of good cause shown, the Board may exempt the real property from registration for a time specific. Examples of circumstances when good cause for an exemption may exist include when real property is being actively marketed for sale following the owner's move to other property, or when a resident is deployed on active military duty.
(e) Registry Fee. When real property is placed on the Vacant Properties Registry, a registry fee as set forth in Section 1759.08 of this Article shall be assessed to the owner of the property. Thereafter, while the real property remains on the Vacant Properties Registry, an annual registry fee as also set forth in Section 1759.08 of this Article shall be assessed on each anniversary of the date that the property was placed on the registry, provided that properties placed on the registry between January 1 and June 31 of that year shall be deemed placed on the registry as of January 1 of that year and properties placed on the registry between July 1 and December 31 of any year shall be deemed placed on the registry as of July 1 of that year.
(1) The City shall have a lien for all registration assessments and for any legal fees and expenses incurred in enforcing same. If a registry fee is delinquent, the City may:
A. File notice of lien against the subject real property in the Office of the Clerk of the County Commission of Jefferson County for the full amount of the delinquent fees plus filing fees and serve owner(s) with a copy of same after first giving notice of its intent to do so 30 days after the date of receipt of said notice sent by certified mail as specified in this Ordinance.
B. Institute a civil action in the Circuit Court of Jefferson County against the real property owner(s) for the delinquent fees and reasonable attorney fees and court costs incurred relative to the civil action.
(2) A registry fee paid shall be refunded if, on timely appeal, the Board's decision requiring registration as a Vacant Structure is reversed.
(f) Removal from Registry. It shall be the obligation of the owner(s) of a Vacant Structure to notify the Staff in writing once the Vacant Structure has been lawfully occupied or removed from the premises and provide written verification to the Staff on a form available at City Hall. It shall be the obligation of the owner(s) of Registered Vacant Property to provide like notice and verification once it has been put to routine use and activity.
(Ord. 2018-002. Passed 4-17-18.)
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