(A) Registration required; identifying structures; notice.
(1) The owner of a neglected vacant building or residential structure shall register with the town office no later than 30 days after any building or residential structure becomes a neglected vacant building/residential structure, as defined in § 92.31, or not later than 30 days after the date of mailing by an enforcement officer of notice of the requirement to register.
(2) An enforcement officer may identify neglected vacant buildings or residential structures through his or her routine inspection process as well as through notification by residents, neighborhood associations, community groups and others that a building or residential structure may be eligible for inclusion on the registry.
(3) Notice may be sent by first class mail to the owner at the address shown by the current year’s tax rolls in the County Treasurer’s office. At the time of mailing of the notice to the owner, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. Notice will be deemed received by the owner or any other addressee, as the case may be, upon personal delivery or three days after the date the notice is placed in United States mail with proper postage. The town may also post notices on the subject property. However, the town’s failure to post notices will not constitute a defense to any enforcement proceeding or collection of fines.
(B) Failure of owner to register. If the owner fails to register the subject property within 30 days following the date of mailing of the notice required in division (A) above, the town may prepare and file in the office of the County Clerk a notice describing the property, the reason it is deemed a neglected vacant structure in accordance with this subchapter and placing the owner and his or her successors on notice of the requirement to comply with this subchapter.
(C) Information on registration. The registration shall be submitted on forms provided by the Town Clerk-Treasurer and shall include the following information:
(1) A description of the premises, i.e., square footage, number of stories, age of the building and most recent use of the building or residential structure;
(2) The names, addresses and telephone numbers of the owner or owners. If the owner is a corporation, limited liability company or partnership, the address for each director, manager, member or partner, as the case may be. The address must include a street address; post office box is not acceptable;
(3) The names and addresses of all known lienholders and all other parties with an ownership interest in the building. Each address must include a street address; a post office box is not acceptable.
(4) A name, address and telephone number of an authorized, responsible natural person (not a corporation, partnership or limited liability company) who is authorized to act for the owner and is a local resident who can be reached at all times during business and nonbusiness hours in case of an emergency. The address must include a street address; a post office box is not acceptable;
(5) A neglected vacant building or residential structure plan as described in division (D) below; and
(6) Insurance verifications per § 92.34.
(D) Plan required; proposals. The owner shall submit a neglected vacant building/residential structure plan which must meet the approval of the town office. The town office may consult with the Fire Department office, as the case may be, to determine the appropriate plan. The plan, at a minimum, must include one of the following proposals for the property:
(1) If the building or residential structure is to be demolished: a demolition plan indicating the proposed time frame for demolition;
(2) If the building or residential structure is to remain unoccupied: a plan for the securing of the building in accordance with standards approved by the town code enforcement officer, along with the procedure that will be used to maintain the property as code compliant, and a statement of the reason(s) why the building or residential structure should be left unoccupied;
(3) If the building or residential structure is to be returned to appropriate occupancy or use: rehabilitation plans for the building or residential structure. The rehabilitation plans shall not exceed 365 days from the date of submission and shall include progress benchmarks at least every four months, unless the code enforcement officer/office grants an extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation and all applicable building codes. The building must be secured in accordance with the requirements of this subchapter during the rehabilitation; or
(4) Should the owner elect the provisions of division (D)(2) above (structure to remain unoccupied) or division (D)(3) above (structure to be rehabilitated) then, in addition to the written plan, the owner must submit the insurance as described in § 92.34 or deposit with the town, to be held in escrow, an amount of cash sufficient to cover the costs of demolition of the subject structure in the event the owner fails to perform as promised in the plan.
(E) Plan approval notice to county. If the plan is approved, a written notice prepared by the Town Clerk-Treasurer shall be recorded in the office of the County Clerk containing information regarding the registration of the subject property pursuant to this subchapter and the plan selected by the owners.
(F) Compliance by owner. If the plan is approved, the owner shall comply with all applicable laws and codes. The owner shall notify the code enforcement officer/office of any changes in the plan at least 30 days prior to the change. If the plan or timetable for the vacant building/residential structure is revised in any way, the revisions must be in writing and must meet the approval of the enforcement officer.
(G) Keeping building secure, grounds maintained. The owner and any subsequent owner shall keep the building secured and safe and the building and grounds properly maintained as provided hereafter.
(H) Noncompliance; town authority. Failure of the owner or any subsequent owner to maintain the building or residential structure and premises as required herein will be grounds for the town to do any or all of the following:
(1) Cause the building or residential structure to comply with this subchapter and bill the costs of same to the owner as provided in § 92.35;
(2) Revoke the rehabilitation plans; and
(3) Subject the owner to fees and penalties as provided in this subchapter.
(I) Notify town of transfer of ownership. The owner shall notify the Town Clerk-Treasurer’s office of any transfer of ownership a minimum of 15 days prior to the transfer. Before taking title, the new owner must agree in writing to comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted in writing to and approved by the enforcement officer/office.
(Prior Code, § 4-5-3) (Ord. 182, passed 6-25-2012) Penalty, see § 92.99