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If any section, subsection, paragraph, sentence, clause, phrase or part hereof is declared unconstitutional or invalid, the validation of the remaining portions shall not be affected, since it is the express intent of the City Commission of the City of Raton to pass each section, subsection, paragraph, sentence, clause, phrase or provisions, and every part thereof separately and independently of every other part.
(Ord. 1012, passed 4-27-2021)
(A) Any government agency or entity that owns vacant property will be exempt from the requirements of this chapter. For the purposes of this chapter, any insured mortgage or financing provision from or through a federal, state or local government housing program shall not be considered a government agency or entity and shall not be exempt from the requirements of this chapter. Ownership acquired through a federal or state housing program foreclosure shall also not be exempt from the provisions of this chapter.
(B) Residential housing and rental units will be exempt from the requirements of this chapter provided the vacancy rate of the building they are situated in does not exceed 75%.
(Ord. 1012, passed 4-27-2021)
APPLICATION OF REGULATIONS
(A) (1) The owner of a vacant building or structure shall obtain a vacant building permit in accordance with the requirements of § 97.21 for the period during which it is vacant. When a building or structure becomes vacant, as defined in this chapter, the owner of the building shall apply for and obtain a vacant building permit and pay the fee within 30 days of the vacancy of the building. A separate permit is required for each vacant building. A vacant building permit issued is not transferable.
(2) Upon the expiration of a vacant building permit, if the building or structure is still vacant, the owner shall renew the permit within ten days of expiration in the same manner as the expired permit. All renewed permits shall be subject to all conditions and obligations imposed by this chapter or the initial permit unless expressly exempted therefrom. Failure to timely renew a property registration is a violation of this chapter and shall subject the property owner to late fees.
(3) The owner of a vacant building or structure shall comply with all building, fire, life safety, zoning, nuisance and other applicable codes or ordinances and shall apply for all necessary building, fire prevention, and zoning permits upon application for a vacant building maintenance permit.
(4) The owner of a vacant building or structure shall immediately remove any waste, combustible refuse, rubbish or debris from the interior of the structure in compliance with the applicable fire prevention code. The owner of a vacant building or structure shall also immediately remove any waste, rubbish, debris or excessive vegetation from the yards surrounding the vacant building or structure.
(5) The owner of a vacant building or structure shall immediately lock, barricade or secure all doors, windows and other openings in the building or structure to prohibit entry by unauthorized persons. The owner of a vacant building or structure shall provide the police department with a list of persons authorized to be present in the building and shall provide notices of trespass to the police authorizing the arrest for trespass of individuals not on the list. The owner shall update the authorized person list as needed.
(6) The owner of a single family residential vacant building or structure shall provide proof of general liability insurance, no less than $100,000 for the property and/or a surety bond for the value of structure if insurance cannot be obtained. The owner of a commercial or industrial vacant building or structure shall provide proof of general liability insurance, no less than three $300,000 for the property, or the current actual property value as determined by the Colfax County Assessor (whichever is greater) and/or a surety bond for the value of structure if insurance cannot be obtained. Owner shall submit a valid current certificate of insurance for personal and premises types of liability insurance, and a fire legal endorsement if applicable.
(B) The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this article. The Code Enforcement Officer shall have continuing abatement authority throughout the time of vacancy.
(C) The owner shall notify the Code Enforcement Officer within 30 days of any change in the registration information by filing an amended registration statement on a form provided for such purpose.
(D) Each owner and each designated agent is severally liable for responsibilities of this chapter.
(Ord. 1012, passed 4-27-2021)
(A) Each vacant building registration shall be submitted in writing by the owner to the Code Enforcement Officer prior to issuance of a vacant building permit by the Officer. The owner shall remit fee as described in § 97.36 with registration documentation. Initial registration for every vacant building, regardless of condition, is due no later than October 1, 2021.
(B) An owner of a foreclosed, vacant or abandoned residential property shall apply for a registration on forms provided by the Department of Code Enforcement. No registration is valid unless filled out accurately and completely, signed by the owner, and the proper fees have been paid. A registration fee once tendered may not be refunded or transferred. It is a violation of this article for an owner to provide inaccurate information on an application for registration.
(Ord. 1012, passed 4-27-2021)
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