(A) (1) The owner of any building that shall become vacant shall, within 30 days after the building becomes vacant or after the effective date of this section, whichever is later, file a registration statement for each such building with the city’s Police Department on a form provided by the city’s Police Department for that purpose. The registration form shall remain valid for one year after the date of registration.
(a) The owner shall be required to renew the registration on an annual basis as long as the building remains vacant.
(b) The owner shall notify the Police Department within 30 days of any change in the registration information by filing an amended registration statement provided by the Police Department.
(2) In addition to other information required by the Chief of Police, the registration statement shall include the name, street address and telephone number of a person 21 years of age or older, designated by the owner or owners as an authorized agent. The authorized agent must maintain an office or residence in the county. The owner or owners who meet the requirements of this section as to the location of said office or residence may designate himself or herself as the authorized agent. By designating an authorized agent under the provisions of this section, the owner or owners are empowering the authorized agent to receive any and all notices of code violations, court proceedings or administrative proceedings concerning the registered vacant building by service of the notice or process on the authorized agent. Any owner or owners who have designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent’s designation for the purpose of this section until the owner or owners notify the Chief of Police of any change or until the owner or owners file a new annual registration statement designating a different authorized agent. Any owner or owners who fail to register a vacant building or fail to designate an authorized agent under the provisions of this section shall further be deemed to consent to receive, by posting at the building, any and all code violations and all administrative proceedings brought to enforce this subchapter.
(3) The Chief of Police may issue rules and regulations for the administration of this section. These rules may designate materials and methods that may be used when securing a building so the boarding is reasonably incapable of being removed by trespassers or other acts without the owner, owners or authorized agent’s consent.
(4) (a) For purposes of this section, VACANT shall mean a building:
1. Lacking the habitual presence of human beings who have a legal right to be on the premises; or
2. Substantially all lawful business operations or residency occupancy have ceased and which is substantially devoid of content.
(b) In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floors of occupied space, the condition and value of any items in the building or floors and the presence of rental or “for sale” signs on the property. A residential property shall not be deemed to be vacant if it has been used as a residence by the person entitled to possession of the same for a period of at least three months within the previous nine months and the person entitled to possession intends to resume residing at the property. A multi-family residential property shall not be deemed vacant unless all of the dwelling units are unoccupied.
(B) The owner, owners or authorized agent of any building, whether commercial or residential, that has become vacant shall enclose and secure the building within 30 days.
(C) Within 30 days, the owner, owners or authorized agent shall acquire and maintain liability insurance in an amount not less than $100,000 for buildings designed primarily for residential use and not less than $300,000 for any other building including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses. Such insurance shall cover any damage to any person or any property caused by any physical condition of or in the property. The insurance policy acquired after the building has become vacant shall provide for written notice to the Chief of Police within 30 days of any lapse, cancellation or change in coverage. The owner, owners or authorized agent shall provide evidence of the insurance policy upon the request of the Chief of Police’s designated representative.
(D) If, at any time after making an inspection of the property, the Chief of Police or the Chief of Police’s designated representative determines a building is vacant and open, the Chief of Police shall notify the owner, owners or authorized agent that the building must be enclosed or substantial action must be taken to demolish the building within 30 days after the date of the notice. If, at the expiration of the 30-day period, the Chief of Police determines the building has not been enclosed or that substantial action has not been taken to demolish the building, the city shall proceed under the nuisance sections of this code to have the building demolished by the city with the cost of said demolition to be paid for under the nuisance sections by the owner or owners.
(Prior Code, § 150.201) (Ord. 07-02, passed 2-5-2007; Ord. 17-03, passed 1-16-2017)