(A) Determination. In light of the standards set forth in § 150.035, whenever the Director identifies a building that qualifies as a distressed building, the Director shall prepare a written determination and serve notice of such determination upon the property owner; as part of such notice, the Director or the Director’s designee must set forth the opportunities and timetable for appealing such determination. Notice may be effected under this subchapter by personal delivery or by mailing via certified mail to the address where the last tax bill for the property was sent.
(B) Appeal of determination. Any owner of property that the Director has determined to contain a distressed building may appeal such determination by filing a written request for review of the Director’s determination with the City Manager within 15 days after notice of the determination. In the event of any such appeal, a date for the appeal shall be set, at which time the property owner or the owner’s representative may present such information to the City Manager as may be relevant to the determination. The Director may also present relevant information to the City Manager in connection with the determination at the appeal. The City Manager, after considering all information presented at the appeal, will issue a written decision regarding the appeal, and the City Manager’s determination will be conclusive for purposes of this subchapter. During the pendency of an appeal, no building shall be considered a distressed building for purposes of this subchapter.
(C) Registration requirements for distressed buildings. The owner of a building who knows, or from all the facts and circumstances should know, that said building is or has become a distressed building, or the owner of a building that has been determined to be a distressed building pursuant to this subchapter, is required to, within 15 days after either the building becomes distressed or there is a determination that the building is a distressed building:
(1) Register the building with the Community Development Department on a form provided by the city and pay the applicable registration fee as established by the City Council and as adjusted on an annual basis. The form shall include, as a minimum, the name, street address and telephone number of the owner; the case name and number of any litigation pending concerning or affecting the building, including bankruptcy cases; and the name, street address and telephone number of all persons with any legal interest in the building or the premises. The form shall require the owner to identify a responsible party 21 years of age or older who maintains a permanent address in the county to accept service on behalf of the owner with respect to any notices the Director sends pursuant this subchapter or service of process in any proceeding commenced to enforce any provision of the city code, and file with the Director; the registration form must also include the name, street address and mailing address (if different), telephone number, of said person. A post office box is not an acceptable street address;
(2) Renew the distressed building registration each year on the anniversary date of the first filing for the time the building remains distressed and pay the applicable fee as established by the City Council as adjusted annually; and
(3) File an amended registration within 15 days of any change in the information contained in the initial or annual registration. A new registration is required for any change in ownership whatsoever.
(Ord. 2008-43, passed 12-1-2008)