(a) A person commits an offense if the person owns or operates a vacant building or vacant lot located outside the central business district without a valid certificate of registration and has at least two non-complied property maintenance violations during any six-month period. A separate certificate of registration is required for each street address at which any vacant building or vacant lot is located, regardless of any separate occupied buildings or vacant lots that may also be located at the same street address. If more than one vacant building is located at the same street address, a certificate of registration is required for each separate vacant building. Suite numbers and apartment unit numbers will not be considered in determining the street address of a vacant building or lot.
(b) It is a defense to prosecution under this section that:
(1) the building was occupied within the 45-day period preceding the date of the alleged offense;
(2) at the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied within the 90-day period preceding the date of the alleged offense;
(3) at the time of the alleged offense, the vacant building or vacant lot was in the process of being actively marketed and advertised for lease or sale and had been occupied within the 90-day period preceding the date of the alleged offense;
(4) within the 90-day period preceding the date of the alleged offense, the building suffered damage or destruction from a fire, flood, storm, or similar event that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee; or
(5) the vacant building or vacant lot is owned by the city of Dallas, the State of Texas, or the United States government or is a site primarily utilized as farm or agricultural land. (Ord. 32145)