(A) (1) The owner of any building that has become vacant shall, within 90 days after the building becomes vacant or within 30 days after assuming ownership of a building that has already been vacant for 60 days, whichever is later, file a registration statement for each such building on forms provided by the city’s Fire and Building Department. The registration and provisions of this section shall remain in effect for that period the building remains vacant.
(2) Properties in foreclosure shall further be required to file registration paperwork within 30 days of filing a “notice of default” or “intent to foreclose” with the District Court.
(B) The following are exempt from the provisions of this section:
(1) Property that is undergoing an active renovation or rehabilitation, and where a permit for same has been secured from the city’s Fire and Building Department and has not expired;
(2) Properties that are part of an estate that is in probate and are not subject to bankruptcy shall be exempt from registration for a period of 12 months;
(3) Properties that are publicly and in good faith being actively marketed as “for sale” for a reasonable price shall not be required to be registered as a vacant building for the first six months of listing. After the property has been listed for the first six months, the property must be registered as a vacant building until sold. A property which is listed with MLS (Multiple Listing Service) is presumptively being actively marketed. An asking price not greater than 150% of the Total Assessed Value, as determined by the county property tax records, is presumptively a “reasonable price”;
(4) A building owned and occupied by persons who travel seasonally shall not be considered a vacant building. Any such building may be voluntarily registered as a “seasonal” property at no cost to the owner to assist city staff and the property owner with any concerns regarding said property during the owner’s absence;
(5) Properties constructed solely for the use of commercial warehouse/storage and located in a zoning district that allows such use shall be exempt from the fees required provided that utilities as designed and connected to the structures remain intact and active (service is on), and inspections as required by this code are completed and passed with needed corrections completed within 60 days of finding non-compliance. In the event items found during inspections by the owner or city are not repaired as required, fees will become active and remain fully required for a period of not less than two full registration cycles;
(6) A building which has suffered substantial damage shall be exempt from registration for a period of 90 days from the date of substantial damage. After 90 days, the structure must be registered as vacant;
(7) Properties which have active insurance policies on all structures equaling the actual cash value of the property but not be less than the cost of demolition/debris removal and that have active and in use utilities shall be exempt from the requirements of this chapter provided the city is added as a certificate holder on the insurance policy. To qualify for exemption, the owner must submit a form titled “Vacant Building Registration - Insurance/Utility Exemption” as well as proof of active utilities and have their insurance agent submit a certificate of insurance showing the city as a certificate holder. In the event code violations are found by the city and are not repaired as required by notice given, the property will be deemed non-compliant for vacant building registration - insurance/utility exemption and shall be required to be registered in the vacant building registration program for a period of not less than two full registration cycles; and
(8) Property owned by the city.
(Ord. D-87, passed 5-3-2022)