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(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)
(A) The Code Enforcement Officer may evaluate all buildings in the city believed to be vacant and make a determination for each as to whether the building is a "vacant building" within the meaning of this chapter. The Officer may determine that a building which meets any of the criteria set forth in this chapter is not to be regulated under this chapter for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, the Officer determines that regulation of the building under this chapter would not serve the public health, welfare, and safety and makes written findings in support of his/her decision. Any such determination shall be in writing and shall state the factual basis for the determination. For buildings the Officer determines to be "vacant buildings," he/she shall send notice of the written determination, with the factual findings, to the last owner of record listed by the County Recorder of Deeds, failure of delivery shall not excuse a person from complying with this chapter. The Officer may personally serve or cause personal service of the notice of determination.
(B) The notice shall contain a statement of the obligations of the owner of a building determined to be a vacant building, a copy of the registration form the owner is required to file pursuant to this chapter, and a notice of the owner's right to appeal the Officer's determination.
(Ord. 1012, passed 4-27-2021)
(A) The owner of a building determined by the Code Enforcement Officer to be a vacant building as provided for in this chapter may appeal that determination to the Raton City Commission. Such appeal shall be in writing and shall be filed with the City Manager or Code Enforcement Officer within 30 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register his/her building as required by this chapter, unless the City Manager certifies to the City Commission after the notice of appeal shall have been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.
(B) The appeal shall contain a complete statement of the reasons the owner disputes the Code Enforcement Officer's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The City Commission shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Code Enforcement Officer's written determination and shall affirm, deny or modify the determination.
(C) The City Commission shall send written notice of the appeal decision to the owner within 30 days of the appeal. The City Commission may, at its option, seek additional information from the owner.
(Ord. 1012, passed 4-27-2021)
FEES
(A) The owner of a vacant building shall submit an annual fee for the registration of a vacant building. The owner shall be required to renew the vacant building registration each year on the anniversary date of the initial filing for the time the building remains vacant and pay the escalating annual fee as follows:
Less than 10,000 SF | Greater than 10,000 SF | |
Initial Registration Fee | $100 | $200 |
Second Year Registration Fee | $200 | $400 |
Third Year Registration Fee | $300 | $600 |
Fourth Year Registration Fee | $400 | $800 |
Fifth Year and Each Subsequent Year Registration Fee | $500 | $1,000 |
(B) Annual fees are non-refundable, shall be capped at the fifth-year amount, and shall not increase after the fifth year.
(C) Basis of structure area determination shall be the following:
(1) Area of primary building or structure (including additions) where one primary building and one or more accessory buildings or structures exist;
(2) Aggregate area of multiple housing unit complex where more than 75% of the complex of is vacant;
(3) Each discrete unit of a commercial development consisting of independently operated businesses or commercial enterprises.
(D) No prorated refunds shall be returned. All fees are non-refundable.
(E) The payment of all fees under this chapter is secured by a lien against the property, which may be placed on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments.
(Ord. 1012, passed 4-27-2021; Am. Ord. 1019, passed 9-27-2022)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a minimum of $100, or an amount not exceeding $200, or be imprisoned for a period not exceeding 30 days, or be both so fined and imprisoned, in the discretion of the court. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 1012, passed 4-27-2021)