A. Purpose And Intent: It is the purpose and intent of this section to impose a legal duty upon the owners of vacant buildings and properties to secure them, to prevent the buildings from deteriorating into havens for crime and vagrancy to the degree that a nuisance is created, ruining the safe, peaceful and quiet enjoyment of neighboring properties. This section creates a system to notify owners of the problems reasonably attributable to their vacant property and a process to secure the vacant property.
B. Definitions:
ABANDONED BUILDING/SITE: A site or building in which construction has not been completed and the said site or building has been vacated by construction activity for a substantial amount of time. This site or building may contain exposed foundation and footings, protruding metal reinforcing, incomplete framing, construction waste, large holes, piles of construction material and open excavations.
BOARDED BUILDING: A building in which all or some of the utilities have been disconnected and shut off. All windows and doors of this structure at the ground level have been boarded to prevent unauthorized access.
CLOSED TO OCCUPANCY: A building in which access is denied for any purpose (living, working, sleeping, etc.). The only allowable access to this structure is by the building owner or the owner's authorized agent.
DILAPIDATED: A building or structure, or part of said building or structure, in which access is denied due to unsafe, unsanitary, or hazardous conditions as determined by the building official.
EMERGENCY CONDITIONS: One or more conditions that exist within a building or structure that constitutes an imminent danger to any person who enters or occupies it.
NOXIOUS WEEDS: Weeds that are listed as noxious by the Utah state extension service.
NUISANCE: A condition or conditions that:
1. Wrongfully annoys, injures, or endangers the comfort, repose, health or safety of the general public.
2. Offends the public decency.
3. Unlawfully interferes with, obstructs, or causes a dangerous passage for any pond, stream, canal, basin, ditch, public park, square, street, or highway.
4. In any way, endangers the security of life to the general public, or affects the rights of a community or neighborhood.
SECURING: The boarding of openings to a building or structure to prevent entrance pursuant to the provisions and standards of this section due to the nonoccupancy of the building or structure.
UNFIT: A building or structure which has been deemed hazardous to the health or safety of the occupants or general public as a result of remodeling or neglect on the part of the building's owner or owner's authorized agent as determined by the building official.
VACANT BUILDING: A building where any of the following exist: the utilities have been disconnected, windows, doors and other fenestration are missing or damaged significantly, building has not been occupied for more than sixty (60) days, or any condition exists in the building or structure that is determined to be unhealthy or hazardous by the building official. Unhealthy or hazardous conditions include lack of utilities, vermin presence, structural defects, electrical, plumbing defects, filth, etc.
VACANT SITE: A site where any of the following exist: utilities have been disconnected, no construction work has occurred for a period longer than sixty (60) days, site has been unoccupied by the property owner or tenants for a period longer than sixty (60) days, or any condition exists in the site that is determined to be unhealthy or hazardous by the building official. Unhealthy or hazardous conditions include lack of utilities, vermin presence, noxious weeds, landscaping is not watered or maintained, excess garbage and filth on the site, etc.
VERMIN: Rats, mice, cockroaches, bedbugs, mosquitoes or any other pest as determined by the city to be harmful to life.
C. Notice And Order To Secure Building Or Property:
1. If the city determines that a building/property needs securing, based on dilapidated, vacant, unfit conditions of the building, or where a building has been closed to occupancy, an abandoned or idle construction site exists or because of nonmaintenance of property or because of vandalism due to vacancy the city shall send a written notice and order by certified mail, return receipt requested, and regular mail, to the property owner stating the reason(s) why the building/property must be secured, the method for obtaining a permit, the date it must be secured by, the method(s) for securing the building/property, what will happen for failure to comply, and the appeal process. The city shall also, on the same day, post a notice on the building/property.
2. If, due to the existence of "emergency conditions", as defined in this section and as identified by the city, it is not possible or practical to give notice in advance, the city may nevertheless secure the building or property without giving a prior notice and order to the owner or occupant, but the city shall provide all required notices immediately following the securing of the building and/or property.
D. Permit Required For Securing Building: It is unlawful to secure a building except pursuant to a permit issued under this section.
E. Securing Without A Permit: Securing a building before obtaining a permit pursuant to this section will require payment of double the initial building securing application fee specified in the fee schedule.
F. Building Securing Permit Application: Permits for securing a building must be applied for on an application provided by the city. The application shall specify the following:
1. The address of the structure to be secured;
2. The type of building;
3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the square footage of the building and the linear footage of all building faces at ground level and number of other openings;
5. The name, address and telephone number and e-mail address of the property owner or person authorized to act as an agent for the owner who lives within forty (40) miles of the property;
6. Whether the property has an external water source to maintain landscaping, if not a separate permit must be obtained to install exterior water to maintain landscaping; and
7. A description of the current condition of the building and landscaping of the property complete with photographs.
The applicant shall submit the completed application to the planning commission for review fifteen (15) days prior to securing the building if possible before the second Thursday of each month. The permit shall be processed and maintained in the building inspection department.
G. Fees:
1. Application/inspection fee: As adopted in the fee schedule.
a. Any structure over three thousand (3,000) square feet will be assessed a minimum fee of one thousand dollars ($1,000.00).
b. The applicant is responsible to reimburse the city for any and all legal and inspection fees including over the one thousand dollars ($1,000.00) paid at the time of application for buildings over three thousand (3,000) square feet.
2. A daily late fee, as adopted in the fee schedule, shall be assessed by the city for each day the fee is delinquent.
3. If the property owner fails to pay the initial or late fees, the city may take legal action to collect the fees.
H. Failure To Comply With Notice And Order:
1. If, within the time specified in the notice and order, the property owner fails to comply with the notice and order sent pursuant to this section, or fails to apply for a stay pursuant to this section, the city may cause the building/property to be secured.
2. If the city determines that "emergency conditions" exist as defined in this section, the city may secure the building/property pursuant to this section.
I. Completion Of Securing: Securing the building or property must be completed within ten (10) days of the issuance of a securing permit.
J. Posting Of Secured Or Closed To Occupancy Buildings: Whenever a building is secured or closed to occupancy, the city shall be authorized to install a placard mounted on the front facade of the building or property. The placard shall state the building is secured or closed to occupancy and that it is unlawful for any unauthorized person to enter the building. The placard shall also provide phone numbers to call if people are seen on the property or if the doors or windows are unsecured.
K. Stays Authorized: The owner of any property which should be secured pursuant to this section, either voluntarily by the owner or pursuant to a notice and order, may apply for a stay of the securing requirement.
L. Stay Process:
1. An owner seeking a stay shall state in writing that a stay is requested and shall outline the reasons for the request.
2. The city shall promptly inspect the building/property and render a determination, in writing.
3. If the city determines that the building/property is in such a condition as to pose an imminent danger to occupancy or general public or is an attractive nuisance which creates a significant risk or transient occupancy or vandalism, the city shall deny the request for a stay.
4. If the city denies a stay request, the building owner shall obtain a securing permit or demolition permit or submit an application for a building permit within seven (7) days or the city may proceed to board the property pursuant to this section.
5. If the city determines that a stay is appropriate, the city shall certify in writing that a stay of up to three (3) months has been issued.
M. Actions During The Stay Period:
1. Within the stay period, the building owner shall obtain either a securing permit pursuant to this section, a building permit to rehabilitate the building or a demolition permit.
2. If the owner obtains a securing permit, the owner shall, at that time, pay all the fees required pursuant to the fee schedule.
3. If the owner obtains a building permit for rehabilitation, the owner shall not be required to pay the securing application fee but shall pay, instead, the appropriate building permit fees.
4. If the owner obtains a demolition permit, the owner shall not be required to pay the securing application fee but shall pay, instead, the appropriate demolition permit fee.
N. Building Permits:
1. If an owner has obtained a stay pursuant to this section and obtains a building permit for rehabilitation, work under the building permit must begin within thirty (30) days of obtaining the permit and all work must be completed within six (6) months of issuance of the building permit.
2. If work under the building permit is not begun or completed as required, the city may revoke the building permit without further notice and secure the building as necessary.
O. Method Of Securing Buildings: All buildings shall be secured in the following manner:
1. All doors, except as allowed in subsection O4 of this section, and windows of the structure on the first two (2) floors, and other openings easily accessible from the ground, and openings with broken glass, shall be secured either by erecting a single one-half inch (1/2") thick layer of exterior grade plywood sheathing, or exterior grade wafer board, covering over all exterior openings, overlapping the opening or every edge by three inches (3"), and fastened with two and one-half inch (21/2") exterior grade screws along the outside edges spaced every six inches (6") or by fastening with eightpenny common nails spaced every six inches (6") on the outside edges;
2. Alternately, the openings may be secured by conventional wood frame construction. The frames shall use wood studs of a size not less than two inches by four inches (2" x 4") (nominal dimension) placed not more than twenty four inches (24") apart on center. The frame stud shall have the four inch (4") sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with exterior grade plywood or exterior wafer board sheathing or at least one-half inch (1/2") thickness or equivalent lumber nailed or screwed over the opening by using eightpenny common nails or two and one-half inch (21/2") exterior screws spaced every six inches (6") on the outside edges and every twelve inches (12") along intermediate stud supports;
3. All coverings shall immediately be painted the same color as the building or its trim; and
4. Exterior doors shall be secured by a solid wood core, or metal door with a dead bolt type lock to preclude entry of unauthorized persons, or shall be secured as described in subsection O1 or O2 of this section.
P. Methods Of Securing Property: Property to be secured pursuant to this section shall be secured by removing all volunteer tree growth, removing or mowing weed growth, leveling or removing piles of soil, sand and rock, removing all construction waste, removing unused construction material, burying or removing exposed footings and foundations, securing all partially constructed buildings and erecting a six foot (6') high chainlink fence around the entire perimeter of the property.
Q. Compliance Inspections By The City: The city will make periodic inspection of all secured buildings and property to ensure that the buildings/property is still secure and that all requirements of this section are complied with.
R. Landscape Maintenance:
1. Existing landscaping and lawn on the property where a permit exists shall be irrigated, routinely mowed, pruned and maintained as though the building was occupied.
2. If the city determines that the landscaping on the property surrounding a permitted secure building is not being maintained, the city shall send a notice to the property owner and/or the property owner's agent, requiring compliance with landscaping standards within seven (7) days.
3. If the city determines that the property owner has failed to comply with the notice and order, the city may cause the work to be done by a contractor employed by the city pursuant to section 4-2-7 of this chapter.
S. Exterior Maintenance:
1. Exterior walls and surfaces must be properly maintained. Severely weathered, peeling or unpainted wood or unpainted or damaged roofing must be replaced or repaired with similar materials and colors.
2. If the city determines that a boarded building is not being maintained, the city shall send a notice to the property owner and/or the property owner's agent requiring compliance with the building maintenance standards within seven (7) days.
3. If the city determines that the property owner has failed to comply with the notice and order, the city may cause the work to be done by a contractor employed by the city pursuant to section 4-2-7 of this chapter.
T. Snow Removal:
1. Snow must be removed from public sidewalks surrounding the property in the manner otherwise required by law.
2. If the city determines that sidewalks adjacent to a permitted secure building are not having the snow removed as required by city ordinance the city shall send a notice to the property owner and/or the property owner's agent, requiring snow from the present snowfall to be removed and notifying the property owner that if snow from a subsequent snowfall is not removed as required, the city will contract for the removal and charge the property owner.
3. If the city determines that the property owner has failed to comply with the notice and order, the city may cause snow, during the winter, to be removed by a contractor employed by the city pursuant to section 4-2-7 of this chapter.
U. Existing Boarded Properties:
1. The city shall take reasonable actions to notify the owners of buildings previously boarded or secured at the enactment hereof and shall notify that a secured building permit is required. Owners of buildings boarded as of the effective date hereof shall apply for a permit as mandated by the provisions of this section.
2. In fairness, if any owner of a building which has already been boarded/secured as of the effective date hereof and is maintained as per this section, the owner shall receive a discount of fifty percent (50%) off the application fee, if the owner applies for a permit according to the provisions of this section. If the application and fee are not received according to the provisions of this section a normal application fee is required.
V. Inspections Required: Whenever a property owner, manager or tenant intends to clean, repair, renovate, reopen or reoccupy a building that has been secured, the building is to be inspected and a permit must be issued by the city prior to the building owner, manager or tenant initiating any of the above actions. Any person conducting any work on a building that has been secured or closed to occupancy must have a copy of the permit on the site at all times.
W. Legal Action Authorized: The city may take appropriate legal action to collect all unpaid fees or bills provided by this section.
X. Appeal Process: Any person aggrieved by the decision of the city may appeal the decision in compliance with title 2, chapter 3 of this code. (Ord. 2009-10, 12-3-2009, eff. 12-3-2009)