(A) General. At the time a building is registered as required herein, the owner shall submit a vacant building plan. The plan shall contain the following as a minimum:
(1) A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the Building or permitted for new construction or similar type. The proposed repair shall result in openings being secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type with board removed. The owner shall maintain the building in an enclosed and secure state until the building is reoccupied or made available for immediate occupancy.
(2) For building and/or premises which are determined by the Commissioner as being or containing public nuisances, as defined in § 156.11(C), then the vacant building/premises plan shall contain a plan of action to remedy such public nuisance(s).
(3) A time schedule identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and nuisance identified by the Commissioner.
(4) When the owner proposes to demolish the vacant building, the owner shall submit a permit, plan, time schedule for demolition and all other information requested by the Commissioner.
(5) A plan of action to maintain the building and/or premises thereof in conformance with this chapter.
(6) A plan of action, with a time schedule, identifying the date the building will be habitable and occupied or offered for occupancy or sale. The time schedule shall include date(s) of commencement and completion of all actions required to achieve habitability. No plan which fails to provide for compliance with this chapter, or which will not, as determined by the Commissioner, achieve such compliance, within six months, in the case of a vacant boarded building, and two years, in the case of a vacant, un-boarded, and code-compliant building will be approved, except that the commissioner may approve an extension of the time during which the building will be unoccupied beyond two years to a date certain, but then only based upon clear and documented evidence of good cause shown by the owner as determined by the Commissioner.
(B) All premises upon which vacant buildings are located, and the building exteriors, shall at all times be maintained in compliance with the city code.
(C) All ground floor windows facing street frontage, including but not limited to all display windows in commercial buildings that are unoccupied buildings or vacant buildings shall be kept in a well maintained and clean condition. All ground floor windows facing street frontage, except display windows in commercial buildings that are unoccupied buildings or vacant buildings, shall be covered on the interior side in a professionally finished manner with an opaque window covering material manufactured for that purpose and approved by the Commissioner.
(D) Commercial buildings must maintain in working order all fire alarm and fire sprinkler systems, maintain the heat on and set at a minimum of 42 degrees, keep current all building access keys in the Knox Box.
(E) Review and approval of plan. The Commissioner shall review and approve the proposed vacant building plan if it satisfies the standards below. The Commissioner shall send notice to the owner of the vacant building of his or her approval or denial of the proposed vacant building plan. In considering the appropriateness of a vacant building plan, the Commissioner shall include the following in his or her consideration and shall make written findings as to each:
(1) The purposes of this chapter and intent of the city is to minimize the time a building is boarded or otherwise vacant.
(2) The effect of the building and the proposed plan on adjoining property.
(3) The length of time the building has been vacant.
(4) The presence of any public nuisance(s) on the property.
(5) The likelihood that the plan or portion(s) thereof will prevent or ameliorate the condition it is designed to address.
(F) Failure to obtain or comply with approved vacant building plan. Failure to register within 14 days of a building becoming vacant, failure to obtain the Commissioner's approval of a vacant building plan within 30 days of filing the registration form, failure to submit a revised plan within 15 days of the date of the Commissioner's written denial of a proposed plan, or failure to comply with the approved plan shall constitute a violation of this chapter subjecting the owner of the building to penalties as provided in this chapter and to any remedies the city may avail itself of as provided or herein and elsewhere in the city code, at law, or in equity, including but not limited to, an action to compel correction of health or fire code violations and/or an action to seek demolition.
(Ord. O-29-16, passed 11-1-16)