1507.03 OBLIGATIONS OF OWNERS AND PERSONS IN CONTROL.

   (a)   An Owner or Person in Control of a Vacant Property shall perform all of the following:

      (1)   Register the Vacant Property with the Fire Department in accordance with the requirements of this Chapter.

      (2)   Designate an Authorized Agent if the Owner or Person in Control of the Vacant Property does not reside within Butler County, or a contiguous county.

      (3)   Submit a Vacant Property Plan which shall be approved by the Fire Chief in accordance with Section 1507.09 of this Chapter.

      (4)   At all times maintain the property in accordance with the Vacant Property Maintenance Standards set forth in Section 1507.10 of this Chapter.

      (5)   Acquire or otherwise maintain general liability insurance covering the Vacant Property in an amount not less than one million dollars ($1,000,000.00). The insurance policy shall provide for written notice to the Fire Chief within thirty (30) days of any lapse, cancellation or change in coverage.

         (Ord. 2021-4-24. Passed 4-14-21.)

1507.04 REGISTRATION.

   (a)   Every Vacant Property located within the City shall be registered by the Owner or Person in Control thereof with the Fire Department within sixty (60) days after the effective date of this Chapter. Following this initial registration, every Vacant Property shall be registered on a yearly basis on or before December 31st.

   (b)   In the event the Fire Department notifies an Owner or Person in Control of property that such property must be registered pursuant to this Chapter based on evidence of vacancy, the Owner or Person in Control shall register the Vacant Property within thirty (30) days of receipt of the Fire Department's notice. Within thirty (30) days of receipt of the Fire Department's notice to register the Vacant Property, the Owner or Person in Control may provide evidence to the Fire Chief that the Vacant Property is entitled to exemption from registration pursuant to Section 1507.07 herein. If no evidence is provided, the property shall be conclusively deemed to be Vacant Property and failure to register the Vacant Property in accordance with this Chapter shall subject the Owner and/or Person in Control to the penalties and remedies set forth in Section 1507.99 herein.

   (c)   Registration shall be made on forms provided by the Fire Chief and verified by the Owner or Person in Control of the Vacant Property and shall contain all of the following:

      (1)   The name, address and telephone number of the Owner or Person in Control;

      (2)   The name, address and telephone number of the Authorized Agent, if required;

      (3)   The names, addresses and telephone numbers of all known lienholders on, and all other parties with any legal interest in, the Vacant Property;

      (4)   If the Vacant Property is for sale, the name, address and telephone number of the company and the realtor or agent responsible for marketing the property;

      (5)   The address of the Vacant Property and the permanent parcel tax identification number of the property;

      (6)   The date on which the property became vacant or will become vacant;

      (7)   The reason for the vacancy and the estimated length of time the property is expected to remain vacant;

      (8)   A certificate of general liability insurance in the amount required by Section 1507.03;

      (9)   A Vacant Property Plan in accordance with Section 1507.09.

   (d)   No person shall furnish false information to the Fire Department in the Registration Form. Registration shall be valid for the registering Owner and/or Person in Charge of the Vacant Property until December 31st of the year of registration. No Owner or Person in Control of a Vacant Property shall fail to notify the Fire Department and file an amended Registration Form within seven (7) days of any change in the registration information required by this section.

   (e)   Any transfer of title to the Vacant Property shall require the new Owner and/or Person in Charge to file a new Registration Form together with a new registration fee. No person, including but not limited to, an Owner, Person in Control, purchaser, escrow agent, real estate agent or realtor, shall participate in the transfer of title to, or disburse proceeds from transfer of title to, a Vacant Property without having in escrow with the escrow agent handling the property transaction a copy of the Registration Form completed by the purchaser of the property, the appropriate registration fee pursuant to Section 1507.05 herein and the deposit required by Section 1507.12 of this Chapter, if applicable. The annual registration fee shall not be prorated. If the transfer of title occurs within ninety (90) days from the end of the calendar year, the annual registration fee shall be applied to the following calendar year. The escrowed Registration Form and the annual registration fee shall be forwarded to the Fire Chief with seven (7) days of the transfer of title. (Ord. 2021-4-24. Passed 4-14-21.)

1507.05 REGISTRATION FEES.

   The fees imposed by this Chapter may be reasonably related to: (i) the City’s administrative costs related to registering and processing the Vacant Property Registration Form; (ii) the costs incurred by the City in monitoring the Vacant Property; (iii) the City’s costs to secure the Vacant Property; and (iv) the demolition, hazard abatement and repair costs the City incurs with respect to the Vacant Property. The progressive fee structure, set forth in subsection (a) below, for properties that continue to be vacant year-to-year is reasonably related to the progressive increase in the aforementioned costs the City incurs for properties which are continuously vacant over consecutive years.

   (a)   The Owner of a Vacant Commercial or Industrial Property shall pay an annual fee of four hundred dollars ($400.00) for the first year the property remains vacant. For every consecutive year that the property remains vacant, the annual registration fee shall be assessed at double the previous year's registration fee amount up to a maximum annual registration fee equaling the five (5) year registration fee of six thousand four hundred dollars ($6,400.00), which shall be the registration fee for the fifth and all subsequent years of vacancy. The registration fee is based on the duration of time the property has been vacant, regardless of a change in ownership.

   (b)   The Owner of a Vacant Residential Property shall pay an annual fee of two hundred dollars ($200) for the first year the property remains vacant. For every consecutive year that the property remains vacant, the annual registration fee shall be assessed at double the previous year’s registration fee amount up to a maximum annual registration fee equaling the five (5) year registration fee of three thousand two hundred dollars ($3,200.00) which shall be the registration fee for the fifth and all subsequent years of vacancy. The registration fee is based on the duration of time the property has been vacant, regardless of a change in ownership.

   (c)   The first annual fee shall be paid at the time the Vacant Property is registered. If the fee is not paid, the owner shall be subject to application penalties, as outlined in Section 1507.99 of this Chapter.

   (d)   The fee shall be paid in full prior to the issuance of any building permits unless the Vacant Property is granted an exemption pursuant to Section 1507.07 of this Chapter.

   (e)   The fee shall be prorated by day and a refund may be issued as set forth in Section 1507.06 of this chapter if the Vacant Property is no longer deemed vacant under the provisions of this Chapter.

   (f)   All delinquent fees shall be paid by the Owner prior to any transfer of ownership over the Vacant Property.

   (g)   All delinquent fees shall be paid in full prior to transfer or connection of any and all City utilities.

   (h)   Late fees shall be paid in addition to the annual registration fee and will be equal to one-fourth of the applicable annual fee.

   (i)   Fees incurred prior to the enactment of this Chapter will be assessed pursuant to the ordinance then in effect at the time the fees were incurred.

   If an Owner or Person in Control of a Vacant Property fails, neglects or refuses to pay a registration fee within the time ordered pursuant to this section, the designated administrator of the registry shall notify the Finance Director. The Finance Director shall certify the registration fee to the County Auditor who shall place the costs as a charge upon the tax list and duplicate to be paid as a special assessment on the Vacant Property. In addition to the registration fee, an interest rate equal to the current rate of interest charged by the City on special assessments shall be imposed by the City for the life of the registration fee and collected as provided in this section.

(Ord. 2021-4-24. Passed 4-14-21.)

1507.06 REFUNDING OF FEES.

   The City shall refund the Vacant Property registration fee paid in a certain year if the subject property is brought into compliance with the applicable standards set forth in all State and City Housing Codes, Building Codes and Property Maintenance Codes, and is reoccupied within one (1) year of payment of such annual registration fee, less a one hundred dollar ($100.00) administrative fee and any late fees paid. The refund shall be prorated by day for the fee paid during the calendar year in which the Vacant Property was brought into compliance with the aforementioned codes and reoccupied. Registration fees paid in previous years shall not be refunded. (Ord. 2021-4-24. Passed 4-14-21.)

1507.07 PROPERTIES EXEMPT FROM REGISTRATION.

   (a)   Property under active construction or renovation and having a valid building permit(s) shall be exempt from registration for a period of one (1) year from the date that the first building permit is issued unless a good cause exemption is granted by the Fire Chief.

   (b)   Property which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of ninety (90) days after the date of the fire or extreme weather event, contingent on the Owner submitting a request for the exemption in writing to the Fire Chief. This request shall include the names and addresses of the Owner(s), and a statement of intent to repair and reoccupy the property in an expedient manner, or of intent to demolish the building or other structure on the property.

   (c)   Property that is for sale and listed with a licensed State of Ohio realtor shall be exempt for a period of twelve (12) months from the start of the vacancy, provided that the Owner or Owner's representative submits proof to the Fire Chief of such listing and “for sale” status.

   (d)   Property that has been granted an exemption pursuant to a written request by the Owner for an exemption from the provisions of this Chapter and good cause shown therefore. The Fire Chief shall timely consider the request. In determining whether good cause exists to grant a request for exemption, the Fire Chief shall consider the following:

      (1)   The Owner's prior record of violations of State and City Housing Codes, Building Codes and Property Maintenance Codes;

      (2)   The amount of Vacant Property the Owner currently owns within the City; and

      (3)   The length of time that the Vacant Property for which the exemption is sought has been vacant.

         (Ord. 2021-4-24. Passed 4-14-21.)

1507.08 INSPECTION.

   (a)   At the time of registration, the Owner or Person in Control must arrange for an inspection of the Vacant Property by the Fire Chief, Code Official and Chief Building Official in the presence of the Owner, Person in Control or Authorized Agent of the Owner for the purpose of determining: (i) the structural integrity of any buildings and structures on the property; (ii) whether the property is safe for entry by firefighters and police officers in times of emergency; and (iii) whether the Vacant Property complies with the requirements of this Chapter.

   (b)   If the Owner or Person in Control fails to arrange, or refuses to consent to, an inspection, the Fire Chief may obtain a search warrant from a court of competent jurisdiction to authorize inspection of the Vacant Property.

(Ord. 2021-4-24. Passed 4-14-21.)