(a) Maintenance of Vacant Properties Registry. The Code Official shall investigate Vacant Properties and Vacant Structures and as applicable advise the Board on cases requiring action by the Board. Violations of the Nuisance Code (Article 1101 of the City Code of Ordinances) may be referred for proceedings thereunder.
(b) Inspection. Upon identification of a Vacant Property or Vacant Building, the Code Official is charged with the responsibility of inspecting the real property within the City to determine whether the real property violates the applicable Building Codes of the City. The Code Official shall have the right of entry on any Vacant Property and any Vacant Structure for the purposes of making inspections under this Ordinance but, unless emergency circumstances dictate otherwise, shall make reasonable efforts to notify persons in possession of the property prior to entry, and may also avail himself/herself of an administrative search warrant from the municipal judge when appropriate.
(c) Uninhabitability Criteria. A structure is uninhabitable, if, in the determination of the Code Official:
(1) It is dangerous to the life, health, property or safety of the public or the occupants of the structure because:
A. It does not provide minimum safeguards to protect or warn occupants in the event of a fire;
B. It contains any equipment (including without limitation, any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment) that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the structure; or
C. It is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible;
(2) It is occupied by more persons than permitted under the IPMC, or it was erected, altered or occupied contrary to law;
(3) It is in disrepair or lacks maintenance, is unsanitary, is vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitation or heating facilities, or other essential equipment required by the IPMC;
(4) The location of the structure constitutes a hazard to the occupants of the structure or to the public; or
(5) It has any or all of the conditions or defects described below:
A. Any door, aisle, passageway, stairway, exit, or other means of egress that does not conform to the Building Code as related to the requirements for existing buildings;
B. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress;
C. Any portion of the structure has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism, or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged;
D. Any portion of the structure, or any member, appurtenance, or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached, or fastened into place, so as to be capable of resisting natural or artificial loads of one and one-half the original designed value;
E. The structure, or part of the structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way;
F. The structure, or any portion thereof, is clearly unsafe for its use and occupancy;
G. The structure is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in the structure to their danger, or so as to become a harbor for vagrants, criminals, or immoral persons, or so as to enable persons to resort to the building or structure for committing a nuisance or an unlawful act;
H. The structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such structure provided by the Building Code, or any other applicable law or ordinance, to such an extent as to present wither a substantial risk of fire, building collapse, or any other threat to life and safety;
I. The structure, if used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction of arrangement, inadequate light, ventilation, or mechanical or plumbing system, or otherwise, is unsanitary or in a condition that is likely to cause sickness or disease;
J. The structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system, or other cause is a threat to life or health; or
K. Any portion of the structure remains on a site after the partial demolition or destruction of the remainder of the structure, or the structure is abandoned so as to constitute the structure or a portion thereof as an attractive nuisance or hazard to the public.
(d) Further Uninhabitability Considerations. The following shall be considered in any determination of uninhabitability:
(1) No structure shall be determined Uninhabitable unless it violates a provision of the Building Code.
(2) All determinations shall be made with due consideration of the ordinary expected lawful use of the subject structure (for example, a garage for vehicles would not be expected to contain sanitary facilities).
(3) Structures under active construction or ongoing renovations, as evidenced by a valid and current and actively pursued building permit, shall not be deemed Uninhabitable merely due to conditions that will be rectified by such construction or renovation.
(e) Determination of Code Official. If the Code Official determines the property is Uninhabitable and violates the Building Code, then:
(1) The Code Official shall post a written notice on the property using forms provided by the Board, which shall include:
A. An explanation of the violation(s);
C. The date the fee will be assessed;
D. An explanation of how to be removed from the registration;
E. An explanation of the appeals process; and
F. A statement that if the fee is not paid, then the property is subject to forfeiture.
(2) Within five (5) business days of the inspection and the posting of the property with the notice described above, and by a placard easily visible from the curb, the Code Official shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(3) Within forty-five (45) days of receipt of the notification by the owner(s), the property owner must:
A. Obtain the required building permit(s) and complete any repairs to the property that violate the Building Code; or
B. Provide written information to the Code Official, demonstrating to the Code Official's satisfaction, that repairs will be forthcoming in a reasonable period of time. Such showing must include a timely application for necessary building permits and active progress under any permit that has been issued.
(4) After the repairs are made, the owner may request a re-inspection of the property to ensure compliance with the Building Code. If the Code Official finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred.
(5) The Code Official may re-inspect the property at any time to determine where in the process the repairs fall.
(6) Within ninety (90) days of the receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the Code Official to the Vacant Structures Board.
(7) If an appeal is not filed within ninety (90) days, the property is registered and the fee assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the Office of the Clerk of the County Commission of Jefferson County.
(8) If the Board affirms the registration and assessment of the registration fee, the property owner has the right to appeal the decision of the Board to the Circuit Court of Jefferson County within thirty days of the decision. Any decision not timely appealed will become final and the property will be registered and the fee assessed on the date specified in the notice.
(9) A fee assessed under this section shall be recorded in the same manner as a lien is recorded in the Office of the Clerk of the County Commission of Jefferson County.
(10) If the fee is paid subsequent to recordation, then the City shall record a release of the fee in the said Clerk's office.
(11) If an owner fails to pay the fee, then the Code Official shall annually post the written notice on the property and send the written notice to the owner(s) or registered resident agent by certified mail.
(12) If a registration fee remains delinquent for two (2) years from the date it was placed on record in the Office of the Clerk of the Jefferson County Commission, the City may take action to receive the subject property by means of forfeiture. Should the City take the steps necessary to receive the subject property, the City then becomes the owner of record and takes the property subject to all senior liens and real and personal property taxes.
(Ord. 2018-002. Passed 4-17-18.)
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