(A) The owner of a vacant building shall register with the Public Development Department no later than 30 days after any building becomes a “vacant building”. The obligation to register a building as a vacant building shall be on the owner of the building. The City may give notice to an owner requiring registration as indicated, but the obligation to register rests with the owner whether or not the owner receives any notice. An enforcement officer may identify vacant buildings through a routine inspection process. Upon notification by residents, neighborhood associations or other community groups that a building may be eligible for inclusion on the registry, an enforcement officer shall conduct an inspection to determine whether such building is a “vacant building” and required to be registered.
(B) A notice to register issued by an enforcement officer shall be served either in person or by first class mail to the owner of record and any registered property manager, if known. If the notice is served by first class mail, the notice shall be sent to the owner's and manager's last known address and the date of mailing shall be the date of service. The notice to register may also include information outlining programs available which may be useful to implement a rehabilitation plan.
(C) The registration shall be submitted on forms provided by the Public Development Department and shall include the following information:
(1) A description of the premises, including square footage, number of stories, age of the building, and most recent use of the building;
(2) The name, street address, and telephone numbers of the owner or owners;
(3) The name, street address, and telephone number of any registered property manager, or if none, another responsible person who can be reached and respond if an emergency situation arises;
(4) The name and street address of all known lien holders of record, and all other parties with an ownership interest in the building;
(5) A vacant building plan as described in subsection (D) below.
(D) The owner shall submit a vacant building plan, which must be approved by the Public Development Department Director or his designee. The plan shall contain a statement as to which of the following three options for the property the owner has chosen for the property, as well as the accompanying information.
(1) Building to be demolished. If the building is to be demolished, the owner shall provide a demolition plan indicating the proposed time frame for completion of the demolition.
(2) Building to remain vacant. If the building is to continue to be vacant, the owner shall provide a plan for securing the building, along with the procedure for maintaining the building and property. The owner shall also provide a statement as to the reason(s) why the building will continue to be vacant.
(3) Building to be rehabilitated. If the building is to be returned to appropriate occupancy or use, the owner shall provide a plan for rehabilitating the building. The rehabilitation plan shall provide for completion of the rehabilitation within a reasonable period commensurate with the condition of the building from the date of submission of the plan and will include a plan progress review every 4 months. Any repairs, improvements, or alterations to the property must comply with all applicable city codes, including but not limited to, zoning, historic preservation, property maintenance code and building codes. A plan progress review may be extended by the Public Development Department Director, or his designee, but only for good cause shown and upon receipt of a written statement from the owner detailing the reasons for the requested extension.
(E) The owner shall comply with all applicable laws and codes in meeting the obligations under the plan chosen. The owner shall notify the Public Development Department of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions shall be in writing and must meet the approval of the Public Development Department Director or his designee.
(F) The owner and any subsequent owner shall keep the building secured and safe and the building and property properly maintained, according to all applicable codes.
(G) Failure of the owner or any subsequent owner to meet the obligations of the plan or maintain the building and property as required herein or by other City Codes shall be grounds for the City:
(1) To remediate or demolish the building at the owner's expense; or
(2) To pursue any and all violations and to impose the fees provided in this Chapter and any applicable penalties provided in the City Code against the Owner.
(H) Any new owner shall register or re-register the vacant building with the Public Development Department within 30 days of any transfer of an ownership interest in a vacant building. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Public Development Director.
(I) Registration fees; Insurance.
(1) The owner of a vacant residential building shall pay a registration fee of $50. The owner of a vacant non-residential building shall pay a registration fee of $100. Any vacant building containing both residential and non-residential areas shall be considered non-residential for purposes of the registration fee. The registration fee is due and payable upon registration.
(2) The owner of a vacant building shall be required to maintain insurance in an amount sufficient to secure the repairs or demolition of the building. The owner shall maintain such insurance until the building is no longer vacant or is demolished. A copy of the certificate of insurance shall be attached to the registration form.
(3) If the building is to remain vacant, the owner shall also pay an annual vacant building fee of $500 until the building is properly demolished or rehabilitated. The $500 annual vacant building fee is due and payable together with the registration fee and on each anniversary thereafter until the building is demolished or rehabilitated. In the event the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the $500 annual fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such $500 annual vacant building fee.
(4) If the building is to be returned to appropriate occupancy or use, the rehabilitation plan shall include a plan progress review every four months. A plan progress review may be extended by the Public Development Department Director, or his designee, but only for good cause shown and upon receipt of a written statement from the owner detailing the reasons for the requested extension. If the rehabilitation has not been completed within a reasonable time period commensurate with the condition of the building, the owner shall pay an annual vacant building fee of $500 until the building is properly demolished or rehabilitated. In the event the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the $500 annual fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such $500 annual vacant building fee. The $500 annual vacant building fee is payable on the anniversary of the payment of the registration fee in (1) above, and on each anniversary thereafter until the building is demolished or rehabilitated.
(5) If the owner of a vacant building fails to register, pay the fees, and maintain the required insurance, the owner shall be subject to the penalties set forth in this Chapter.
(6) All fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. The fees will be disclosed by the seller to the buyer prior to the sale. If the fees are not paid prior to any transfer, the new owner will pay the annual fee plus $300 no later than 30 days after the transfer of ownership, and the subsequent annual fees will be due on the new anniversary date. If the building is no longer subject to the provisions of this Chapter within such 30-day period, the new owner will not be required to pay the annual fee or the $300 as indicated above.
(7) Any owner who fails to pay an annual vacant building fee when due shall be charged a late fee of $25 per month or any part thereof for which payment received within 30 days from the date of the demand for payment or an invoice.
(Ord. 8613, passed 12-2-08; Am. Ord. 8765, passed 12-6-11)