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Recognizing that vacant commercial and residential buildings (hereinafter referred to as "vacant properties") contribute to blight, discourage economic development, hinder appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent vacant properties from becoming a burden to the neighborhood and community and a threat to the public health, safety and welfare. Maintenance of the public health, safety, and welfare thus requires the city to maintain an accurate registration of all vacant properties. Any fees imposed under a vacant property registration ordinance have the potential to benefit the owners of vacant properties by helping to finance additional government services to protect the value and security of such properties.
(Ord. 730, passed 11-9-2022)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL BUILDING. A building with more than 50% of its floor space used for commercial activity. For the purpose of this subchapter, floor space shall be designated as the area on the main or street level of the building. Also for the purpose of this subchapter, commercial activity means having the objective of supplying commodities (goods and services), industrial uses, industrial manufacturing, and ancillary business functions.
OWNER OF VACANT PROPERTY. The person or persons shown to be the owner or owners of record on the records of the register of deeds.
RESIDENTIAL BUILDING. A housing structure or other framework, together with such land on which the dwelling and appurtenant buildings are located, that is used or intended to support occupancy of one or more persons for non-business purposes. This includes, but is not limited to the following: a house, a condominium, a townhouse, an apartment unit or building, or a trailer house.
VACANT. The property has been vacant for 180 days or longer and during such time, has continuously exhibited evidence of vacancy as described in § 150.74.
(Ord. 730, passed 11-9-2022)
Vacant properties shall constitute a public nuisance. The City of Randolph is given the power and authority pursuant to Neb. RS 18-1720 to define, regulate, suppress and prevent such nuisances. A vacant property registration ordinance places a duty on the owner of vacant properties to assist the city in preventing public nuisance. The City Clerk shall be the program administrator for the vacant property registration list and said registration applies to any and all vacant properties within the city limits.
(Ord. 730, passed 11-9-2022)
(A) The owner of a vacant property must register said property with the City Clerk within 30 calendar days of written notice provided to the owner or the owner's resident agent of the existence of the vacant property. Such notice shall be served on the owner or resident agent by personal service or by certified mail, return receipt requested. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the commercial building or residential building which is vacant. A copy of the notice under this section shall be recorded by the County Clerk, or his or her designee, in the records of the Register of Deeds for Cedar County, Nebraska and indexed against the premises. For purposes of this section, EVIDENCE OF VACANCY means any condition or circumstance that on its own or in combination with other conditions or circumstances would lead a reasonable person to believe that a residential building or commercial building is vacant. Such conditions or circumstances may include, but are not limited to, the following:
(1) Overgrown or dead vegetation, including grass, shrubbery, and other plantings;
(2) An accumulation of abandoned personal property, trash or other waste;
(3) Visible deterioration or lack of maintenance of any building or structure on the property;
(4) Graffiti or other defacement of any building or structure on the property; or
(5) Any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes or being used for the operation of a lawful business.
(B) For purposes of this section, a vacant property shall not be used for storage unless specifically allowed pursuant to the City of Randolph zoning ordinances.
(Ord. 730, passed 11-9-2022)
This subchapter provides the following exemptions to the vacant property registration and fee requirements, including, but not limited to, the following:
(A) Property only considered to be a seasonal residence;
(B) Property of an owner who is temporarily absent, but who has demonstrated his or her intent to return;
(C) Property damaged by fire, weather, an act of God, or vandalism;
(D) Property under construction or renovation pursuant to a valid building permit issued by the City of Randolph;
(E) Property subject to divorce, probate or estate proceedings;
(F) Property of an owner who is absent and cannot occupy such property due to medical reasons;
(G) Property that is "for sale," "for rent," or "for lease" and where the owner can produce sufficient good faith evidence of active marketing of sale, rent or lease; and
(H) Property owned by the federal government, the State of Nebraska, or any political subdivision thereof.
(Ord. 730, passed 11-9-2022)
(A) The required vacant property registration shall be submitted on the form provided by the city. The form shall include, but not be limited to the following: the name, current mailing address, telephone number, facsimile and email address (if applicable) of the property owner and his or her agent; the street address and parcel identification number of the vacant property; the transfer date of the instrument conveying the property to the owner; the date on which the property became vacant; and such other information deemed necessary by the city. The form shall also include the period of time the vacant property is expected to remain vacant, and a plan and timetable for performance of one or more of the following:
(1) Returning the vacant property to the appropriate occupancy or use;
(2) Marketing the property for sale or lease;
(3) Making any necessary repairs; or
(4) Demolition of the property.
(B) All applicable laws and codes shall be complied with by the owner. The owner shall notify the city of any changes in information supplied as part of the vacant property registration within 30 calendar days of the change.
(C) If the owner of the vacant property does not reside in Cedar County for at least 180 days in a calendar year, then the owner must provide information for a resident agent with authority to act with respect to the property, including the name, current mailing address, phone number, and any other contact information of the owner's agent. Any subsequent owner of a vacant property must register or re-register the building with the city within 30 calendar days of any transfer of any ownership interest in the vacant property. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted by the new owner and meet the approval of the city.
(D) An owner who acquires a vacant property for which a registration fee has already been paid for a particular period is not liable for an additional registration fee for that period; however, the new owner must register the change of ownership with the city.
(Ord. 730, passed 11-9-2022)
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