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.

   (a)   No person acting in the capacity of an escrow agent in any real estate transaction involving the sale or transfer of a Vacant Property shall disperse any funds held in escrow in compliance with Sections 1507.12 unless there has been compliance with Section 1507.13.

   (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.)

1507.16 EFFECTING COMPLIANCE.

   (a)   In the event the Owner, Authorized Agent or Person in Control fails to comply with a Notice of Violation issued in accordance with Section 1507.11, within the period of time stipulated therein, the Fire Chief shall give notice to the Code Official or Chief Building Official or his or her designee that the Vacant Property is open and unsecure. The Code Official or Chief Building Official may proceed with any requirements of Section 1507.10 to secure the property. If the City completes such abatement work, upon completion of the work, the City department performing the work shall determine all costs associated therewith, including registration fees, with costs of labor charged at a rate of one hundred and fifty dollars ($150.00) per hour; provided, however, there shall be a minimum fee of not less than one hundred dollars ($100.00). In the event the City is required to employ outside services for the abatement work, the fee shall be the actual costs of the contract plus fifteen percent (15%) for administrative costs incurred by the City.

   (b)   The total abatement costs, inclusive of the registration fee, shall be forwarded by the Fire Chief to the Finance Director of the City, who shall certify the costs, together with the parcel number or another proper description of the lands on which the abatement activities occurred, the date the costs were incurred for each abatement activity and the name of the Owner of record at the time the costs were incurred to the County Auditor who shall place the costs as a charge upon the tax list and duplicate. The costs are lien upon the Vacant Property from and after the date the costs were incurred. The costs shall be collected as other taxes and returned to the City. (Ord. 2021-4-24. Passed 4-14-21.)

1507.17 APPEALS.

   Any person aggrieved by an order of the Fire Chief or the decision of the Division of Fire denying approval to a Vacant Property Plan may file an appeal with the Nuisance Appeals Board in the manner and within the time limitations provided for in Section 1905.26 of the City of Hamilton Codified Ordinances.

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

1507.18 INTERPRETATION OF CHAPTER.

   This Chapter is solely applicable to vacant residential, commercial, and industrial properties. Should any other provisions of the City of the Hamilton Codified Ordinances conflict or overlap with the provisions of this Chapter, the provisions of this Chapter shall control with respect to the abatement of nuisances on and registration of vacant residential, commercial, and industrial properties, as well as nuisance abatement activities related to securing, remedying, repairing and removing such properties and/or hazardous conditions thereon. This Chapter shall not, in any manner, abrogate any of the other provisions of the Codified Ordinances of the City of Hamilton pertaining to the abatement of public nuisances or unsafe buildings on any other type of property. 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 are expressly deemed not to conflict with the provisions of this Chapter 1507 and shall continue to be applicable to vacant commercial and industrial properties; provided, however, that a Vacant Property shall not be required to comply with any Non-Residential Property Maintenance Code ordinances from which the property is declared to be exempt in a Vacant Property Plan approved pursuant to Section 1507.09 herein.

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