(A) Findings. The town finds as follows:
(1) The business districts are the most publicly visible area in this community. The condition of these districts have significant economic and social impact on the community;
(2) When the owner of a vacant property in the business districts fails to actively maintain its condition and appearance, and does not strive to keep the property occupied with legally permitted uses, the building can become a major cause of blight to this community. Vacant buildings discourage economic development and negatively impact appreciation of property values;
(3) It is the responsibility of property owners to prevent their property from becoming a burden to this community and to the public health, safety, or welfare;
(4) One vacant property that is not well maintained and managed can be the core and cause of spreading blight.
(B) Applicability and scope. The requirements of this section shall be applicable to every property in the business zoning districts in the town, and to each owner of any property in the business zoning districts that has a vacant, ground-floor space, as defined by this section.
(C) Definitions. As used in this section, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning.
CELLAR. A room typically used for storage and mechanical equipment that is located in the basement of a building and is not used for commercial or residential purposes.
GROUND FLOOR. Any floor of a building with direct access to grade, that is located less than one story above, or less than one story below grade, provided that no portion of a floor that constitutes a cellar (as defined in this section) shall constitute a GROUND FLOOR.
PROPERTY. Improved real estate, including buildings or structures.
VACANT. A building or structure space shall be deemed to be VACANT if no person or persons currently conduct a lawfully licensed use in that space.
(D) Vacant property monitoring fee.
(1) During each calendar year, the municipality will identify ground-floor spaces in the business zoning district that are deemed vacant as defined by this section. Each ground-floor space that is considered vacant and that does not adhere to the guidelines of this section and all applicable ordinances shall be charged a vacant monitoring fee (VMF) of $2,500 per calendar year.
(2) The vacancy START DATE shall be the date of the mailing of a written notification by the municipality that the subject property’s ground-floor space has been identified as vacant. On the 45th day after the start date, should the ground floor space remain vacant as defined in this section, the owner of the building in which the vacant space is present shall be required to pay a vacant property monitoring fee, to be established by resolution of the municipal government.
(3) There shall be no proration of the monitoring fee.
(4) The monitoring fee shall not be imposed on vacant properties, as defined in this section, that are the subject of an active building permit for repair or rehabilitation, and the owner is progressing diligently to complete the repair or rehabilitation.
(E) Vacant property monitoring fee waiver.
(1) The monitoring fee, as required herein, shall be waived in full by the municipality if, by the 45th day after written notification as described in division (D) herein, all of the following conditions are present:
(a) The street-level exterior building components in which the ground-floor vacancy is identified are clean (including glass inside and out). A minimum of 70% window transparency must be maintained;
(b) The property is not in violation of any provision of the town’s property maintenance code (specifically, all applicable International Property Maintenance Code provisions, or any other municipal ordinance);
(c) A professionally produced legal sign is prominently displayed promoting the vacant space for sale and/or for lease, providing (at least) a contact phone number for information and showings. The sign must be in compliance with applicable sign ordinance(s), and at minimum its font size must be reasonably readable from the adjacent roadway. Handwritten signs are not permitted relative to this requirement.
(2) The monitoring fee waiver may be revoked by the municipality if any of the conditions required above is not in place continuously until the vacant condition no longer exists.
(Ord. 19-07, passed 9-9-2019)