§ 9-3905. Vacant Structure License.
   (1)   Required. The owner of any structure that lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased within the past three (3) months, shall obtain a Vacant Structure License.
      (a)   Exception. The owner of a vacant structure for which a current and valid rental license has been issued shall not be required to obtain a Vacant Structure License.
   (2)   Additional Requirements for LVCIPs. 1222
      (a)   Bonding. In addition to the license issuance requirements set forth in subsection 9-3901(2), the Department shall issue or renew a vacant structure license for a Large Vacant Commercial and Industrial Property (as defined in Section PM-202) only if the applicant has also posted a bond or other security or a deposit in form approved by the Law Department and in an amount determined by the Department to be necessary to secure the City's potential cost of correcting Code violations or abating unsafe or imminently dangerous conditions as authorized by Section PM-108.2, Section PM-110.4, Section PM-902.13 or any other provision of this Code. If the City does incur such costs, the City may recover such costs from the posted bond or other security or deposit, in addition to pursuing any other remedy authorized by law. The bond or other security shall provide that it will not expire and the City need not release it upon transfer of the property unless and until a subsequent owner posts a comparable bond or other security or deposit. Failure to post the required security or deposit or to maintain such security or deposit may result in the suspension or denial of any license issued to the owner under this Code, which license suspension(s) or denial(s) shall continue until the owner has posted the required security. No license shall be suspended under this provision until the owner has been provided written notice.
      (b)   Owner Consent Statement. At the time of license application, a building owner may complete a written statement on a form provided by the Department granting consent to the City for access to the building for purposes of inspection, enforcement of the City Code and protection of public safety.
      (c)   City Inspections of LVCIPs. In connection with inspections of LVCIPs conducted pursuant to Section F-108.6 of the Code or otherwise, if consent has not been provided under subsection (b) and is not otherwise provided by the owner or lawful occupant, the City shall take such steps as may be necessary to gain access to the property in order to carry out the inspection, including, when needed, obtaining an administrative warrant.

 

Notes

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   Amended, Bill No. 150650 (approved December 23, 2015).