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It is the purpose and intent of this article to protect the public health, safety, and welfare by establishing a registration process for vacant buildings and requiring responsible parties to implement a vacant building plan for such buildings to remedy any public nuisance, prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property, and to establish minimum maintenance standards for vacant buildings. To such ends, it is the specific purpose and intent of this article:
A. To minimize the period of time a building is boarded;
B. To provide alternative procedures for the abatement of dangerous buildings, which, if adequately secured and maintained against entry in accordance with the requirements of this article, will not constitute an immediate danger to the life, limb, health, property or safety of the public;
C. To prevent vacant buildings from becoming a public nuisance; and
D. To improve the aesthetic appearance of vacant buildings, in order to protect surrounding properties.
(Ord. 2001-69, 12-4-2001)
A. Except as provided in subsection B of this section, whenever a building is vacant for more than ninety (90) days, or whenever any building is vacant and such building or premises thereof contains one or more "public nuisance violations", as defined herein, then the owner of such building shall, within ten (10) days of notification, register such building as a vacant building and submit a vacant building plan, unless a stay is granted under subsection E of this section.
B. Whenever any building designed as a single-family dwelling is vacant and such building or premises thereof contains one or more "public nuisance violations", as defined herein, then the owner of such building shall, within ten (10) days of notification, register such building as a vacant building and submit a vacant building plan, unless a stay is granted under subsection E of this section.
C. Notification of the registration requirement shall be made in writing to the owner of such property either personally or by mailing notice first class, postage prepaid, addressed to the owner at their last known post office address, as disclosed by the records of the county assessor, or at such other address as is known by the building official.
D. For purposes of this article, "public nuisance violations" includes:
1. A building or structure in violation of one or more provisions of subsection 16-8A-6B of this chapter; and
2. Property maintenance violations pursuant to title 12, chapters 4, 5 and 8 of this code.
E. If repair or demolition of the building is required under a notice and order issued pursuant to section 16-8A-7 of this chapter, the building official may grant a stay of the registration requirement for a reasonable period of time, not to exceed ninety (90) days, while the owner diligently investigates abatement options and prepares plans for abatement. The maintenance standards imposed in section 16-8B-10 of this article shall be applicable during the stay period.
F. It is not the intention of this article to require the initial registration of a building being actively and diligently constructed or renovated, pursuant to valid building permit issued by the city, where persons responsible for such construction or renovation are present in the building on a regular basis; provided that the commencement of repair or rehabilitation pursuant to a vacant building plan shall not eliminate the continuing requirement for registration.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. The owner registering a vacant building shall supply the following information on a form provided by the building official:
1. The address of the vacant building;
2. The name, address, and telephone number of the owner;
3. The name, address and telephone number of a person authorized to act as an agent for the owner for performing the owner's obligations under this chapter, who lives within forty (40) miles of the city;
4. Legal description and tax parcel identification number of the premises on which the building is situated;
5. Date on which the building became vacant;
6. The vacant building plan;
7. A description of the condition of the building and the landscaping of the surrounding property.
B. The initial vacant building registration shall be accompanied by a filing fee of one hundred dollars ($100.00), together with any mitigation fees due under section 16-8B-8 of this article.
C. Registration of a vacant building shall be valid for a period of six (6) months.
D. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are not completed, or have not otherwise been met, then the owner shall reregister such building and pay a reregistration fee of five hundred seventy one dollars ($571.00), together with any mitigation fees due under section 16-8B-8 of this article. If the building is vacant at the expiration of any registration period and the requirements of the vacant building plan are completed and otherwise met, the owner shall reregister such building, paying any mitigation fees due under section 16-8B-8 of this article, without filing a new vacant building plan or paying a filing fee.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
When a building is registered as required herein, the owner or agent shall submit a vacant building plan. The plan shall contain the following:
A. A plan of action to repair any doors, windows, or other openings which are boarded or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type.
B. For building and premises which are identified as being or containing public nuisance violations unrelated to improperly secured openings, a plan of action to remedy such public nuisance violations.
C. For each required plan, a time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and identified public nuisance violations.
D. If the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
E. If the owner proposes to repair the vacant building, then the owner shall submit a plan and time schedule for such repair.
F. A plan of action to maintain the building and premises thereof in conformance with the provisions of this article.
G. A plan of action to maintain the building against unlawful entry.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
A. The building official shall have sole discretion to approve the vacant building plan in accordance with the standards and requirements of this article, and article A of this chapter.
B. The building official shall, upon notice to the vacant building owner or agent, have the authority to modify the vacant building plan by altering the dates of performance or the proposed methods of action.
C. If the owner or agent of the vacant building objects to the modifications made by the building official, such owner shall have the right to appeal to the board for final determination. Such appeal shall be filed with the building official within ten (10) days of receipt of the building official's notice of modification.
D. The board, after considering the testimony of the building official, the building owner, and any other interested person, shall render its decision on the owner's appeal of the building official's modifications to the proposed vacant building plan. The board shall have the authority to fashion its own vacant building plan or approve the plan submitted by the owner or the plan as modified by the building official. The decision of the board shall be final and constitute the approved vacant building plan.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
In considering the appropriateness of a vacant building plan, the building official and the board shall consider the following:
A. The purpose and intent of this article to minimize the period of time a building is boarded or otherwise vacant.
B. The effect of the proposed plan on adjoining property.
C. The general economic conditions of the community.
D. The financial resources of the owner.
E. The cost to implement the proposed plan.
F. The length of time the building has been vacant.
G. The presence of any public nuisances on the property.
H. The relative hardship on or gain to the public as contrasted and compared to the hardship or gain of the owner resulting from approval or modification of the proposed plan.
(Ord. 2001-69, 12-4-2001, eff. 12-9-2001)
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