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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.)
1507.09 VACANT PROPERTY PLAN.
(a) The Owner or Person in Control of the Vacant Property shall submit to the Fire Chief for his or her approval. The Vacant Property Plan shall set forth the Owner or Person in Control's intention to carry out one, or a combination, of the following courses of action with respect to the property: (i) demolish any buildings or other structures on the property; (ii) secure any buildings or other structures on the property; and/or (iii) rehabilitate any buildings or other structures on the property. The following minimum requirements for each course of action must be included in the Vacant Property Plan:
(1) Demolition. If any buildings or other structures on the property are to be demolished, the Vacant Property Plan shall include a proposed timeframe for demolition, which shall include a commencement date within thirty (30) days of approval of the proposed demolition time frame. The demolition completion date shall be no more than one (1) year from the date demolition commences.
(2) Secured Structure. If any buildings or other structures on the property are to remain unoccupied, the Vacant Property Plan shall contain all of the following, as applicable:
A. A plan for fire alarms and fire protection, as required by all applicable State and City regulations.
B. A plan of action to remedy any declared public nuisance or code violation existing on the Vacant Property.
C. A lighting plan for the exterior of any buildings and structures on the Vacant Property, walkways adjacent thereto, parking or loading areas; and nighttime illumination of areas and walkways of buildings, structures and any other areas of the Vacant Property which may be vulnerable to vandalism and vagrancy, as determined by the Chief of Police.
D. A regular maintenance plan for any and all exterior lighting and illumination fixtures.
E. A plan for the maintenance of all structural openings, such as windows, doors, areaways and other openings to avoid the necessity of securing any buildings and structures on the Vacant Property by boarding up such structural openings. To avoid the appearance of vacancy, structural openings that are located on the first floor and facing the street shall not be papered, soaped, blacked out or boarded up.
A general maintenance plan to ensure the Vacant Property remains in compliance with the Vacant Property Maintenance Standards set forth in Section 1507.10 of this Chapter.
(3) Rehabilitation. If the Vacant Property is to be returned to lawful occupancy or use, the Vacant Property Plan shall include a rehabilitation time frame for the property. The rehabilitation time frame shall not exceed twelve (12) months. The Fire Chief or their designee may grant an extension of time upon receipt of a written statement from the Owner detailing the reasons for the extension and good cause shown therefore. The Vacant Property shall comply with all applicable laws and regulations, including the Vacant Property Maintenance Standards provided for in Section 1507.10 of this Chapter, at all times during rehabilitation.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.10 VACANT PROPERTY MAINTENANCE STANDARDS.
(a) All Vacant Property within the City shall be maintained in accordance with the following Vacant Property Maintenance Standards:
(1) Structural openings which cannot be secured through an existing locking mechanism shall be boarded, secured and protected from intrusion by birds, vermin and trespassers in accordance with the United States Fire Administration's National Arson Prevention Initiative Board Up Procedures, except to the extent prohibited by Section 1507.09(a)(2)E. herein. A copy of the United States Fire Administration’s National Arson Prevention Initiative Board Up Procedures shall be kept on file with the Fire Department and made available to any member of the public upon request.
(2) Any and all buildings and structures on Vacant Property shall be protected from deterioration and maintained in accordance with the General and Specific property maintenance requirements outlined in Sections 1937.05 and 1937.06 of the Non-Residential Property Maintenance Code set forth in Chapter 1937 of the City of Hamilton Codified Ordinances.
(3) A vacant residential, commercial, or industrial building and the property on which it is located shall be kept clean, safe, sanitary and free from public nuisance in accordance with Chapter 1935 of the Codified Ordinances of the City of Hamilton.
(4) A key box shall be installed on each residential, commercial or industrial building on Vacant Property in case immediate access to the interior of the building by the Fire Department is necessary for life-saving or firefighting purposes. Each key box shall be of a type that is approved by the Fire Chief. The key box shall be installed in accordance with the applicable manufacturer's recommendations and in a location approved by the Fire Chief. The cost of purchase and installation of each key box shall be paid by the Owner or Person in Control. Each key box shall have a lock for which the Fire Department has the key or combination, as applicable, and contain keys to gain access to all areas of the building, including the roof and any basement area. The Owner or Person in Control of the building shall immediately notify the Fire Department in writing if the key box is removed, replaced, changed, rekeyed or otherwise modified, and provide the Fire Department with a new key or combination, if necessary.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.11 NOTICE OF VIOLATION.
(a) Whenever the Fire Chief determines that there is a violation of the provisions of this Chapter, he or she shall give written notice of such violation to the Owner, Authorized Agent or Person in Control of the offending Vacant Property. The notice shall contain the following:
(1) A description of the Vacant Property sufficient for identification;
(2) A statement of the violation(s) with reference to the sections of this Chapter violated;
(3) A statement of necessary remedial action to bring the Vacant Property into compliance with the provisions of this Chapter within a reasonable time frame;
(4) A statement of the right of the Owner, Authorized Agent and/or Person in Charge to file an appeal of the notice and order with the City of Hamilton Nuisance Appeals Board in the manner and within the time limitations provided for in Section 1905.26 of the City of Hamilton’s Codified Ordinances; and
(5) A statement that any abatement activities with respect to the Vacant Property performed by or at the direction of the City shall be certified to the County Auditor to be placed as a charge on the tax list and duplicate, and shall be made a lien upon the Vacant Property.
(b) A notice of violation shall be deemed to be properly served if one (1) or more of the following methods are used:
(1) Service by personal delivery to the Owner, Authorized Agent or Person in Charge of the Vacant Property; or
(2) Service by certified mail, return receipt requested, to the Owner, Authorized Agent or Person in Charge of the Vacant Property at his or her last known address(es) as stated in the records of the County Auditor.
A. If the certified mail is returned unclaimed, then service shall be sent by ordinary mail to the last known address(es) of the Owner, Authorized Agent or Person in Charge and the mailing shall be evidenced by a certificate of mailing. Service shall be deemed complete on the date of mailing.
B. If the certified mail is returned undeliverable, a copy of the notice shall be posted in a conspicuous place in or on the Vacant Property.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.12 ESCROW DEPOSIT REQUIRED PRIOR TO SALE
(a) If any outstanding violations of this Chapter existing on a Vacant Property are not corrected prior to the scheduled date for transfer of title to such property, an escrow account shall be established by either party or both parties to the property transaction. The escrow amount shall contain an amount equal to one hundred percent (100%) of the estimated cost to bring the Vacant Property into compliance with this Chapter, but in no case less than one thousand dollars ($1,000.00), to pay for the cost to correct all remaining violations.
(b) The amount to be held in escrow shall be calculated by procuring written estimates from at least two (2) qualified companies capable of performing the work, which are currently registered to do business in the City of Hamilton. The amount deposited into escrow shall be one hundred percent (100%) of the higher of either: (i) the two estimates; or (ii) one thousand dollars ($1,000.00).
(c) No party to a transfer of Vacant Property shall authorize or accept such transfer without ensuring compliance with this section. Either party or both parties to the transaction shall provide the City with proof of compliance with this section, upon request by the City therefore. If the party or parties establishing the escrow account can demonstrate to the Fire Chief that, after a good faith effort, he or she is unable to obtain written estimates, the Fire Chief shall establish the amount to be placed into escrow.
(d) The escrow account provided for in this Section 1507.12 shall be held by an independent escrow agent. The account may only be closed after the Owner, Authorized Agent and/or Person in Charge receives written authorization from the Fire Chief to close the account.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.13 CERTIFICATES OF OCCUPANCY.
(a) Any violations of this Chapter shall be corrected prior to the issuance of any certificate of occupancy for Vacant Property. Violations that cannot be corrected due to seasonal conditions shall not preclude the issuance of a certificate of occupancy, provided that issuance of such certificate shall be contingent upon written acknowledgment by the Owner, Authorized Agent and/or Person in Charge of all outstanding violations on the Vacant Property and agreement to correct such violations within six (6) months of the date the certificate of occupancy is issued.
(b) The certificate of occupancy shall also be contingent upon the Owner, Authorized Agent and/or Person in Charge establishing an escrow account pursuant to Section 1507.12. Written notice of compliance with Section 1507.12 must be received by the Fire Chief prior to the issuance of a certificate of occupancy.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.14 DISPERSAL OF FUNDS BY ESCROW AGENTS.
(b) Funds shall be disbursed only upon written authorization from the Fire Chief. The Fire Chief or his or her designee may authorize the release of funds as payment in full to a contractor as each violation of this Chapter is corrected if the amount due does not exceed the written estimates obtained pursuant to Section 1507.12. In the event the amount due exceeds the contractor's original written estimates, the Fire Chief or his or her designee may only authorize the release of funds to the contractor if the Fire Chief or his or her designee makes a written finding that sufficient funds will remain in the escrow account to correct all other remaining violations on the property.
(Ord. 2021-4-24. Passed 4-14-21.)
1507.15 DEMOLITION ESCROW.
(a) The Owner of a residential, commercial, or industrial building on Vacant Property which is slated to be demolished pursuant to the Vacant Property Plan shall place in escrow with the City a deposit of twenty five thousand dollars ($25,000.00)for a building under 5,000 square feet in size, or seventy five thousand dollars ($75,000.00) for a building 5,000 square feet or more, unless a fire escrow is being administered by the City of Hamilton’s Fire Division, in which case the Owner shall comply with all requirements and orders of that Division.
(b) If the amount to be placed in escrow under this section cannot be paid in full, the City shall place a lien on the property for the amount specified. The City shall use escrowed funds to complete the plans submitted by the Owner in the event the Owner does not comply with the Vacant Property Plan. Escrowed funds may, by prior arrangement, be withdrawn during construction as follows: twenty percent (20%) upon commencement of work; twenty percent (20%) upon completion of half of all work; and the remaining sixty percent (60%) upon completion of all work, including debris disposal, backfill and seeding. Unused escrow funds will be released upon completion of the work or transfer of ownership, provided that all fees have been paid in full. New owners must sign the Vacant Property Plan and accept responsibility in writing for completing the demolition.
(Ord. 2021-4-24. Passed 4-14-21.)
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