(A) Monitoring program. The City Manager or their designee shall be responsible for administering a vacant or boarded building monitoring program for identifying and monitoring the maintenance of all vacant or boarded buildings in the city. Any building, residential or non-residential, which is boarded up by voluntary action of the owner or as a result of enforcement activities by the city or is vacant for more than 90 days for any reason, must register for the program. Every owner of a vacant or boarded building that is registered in the program shall be subject to a monthly fee in an amount set by resolution of the City Council not to exceed the reasonable cost of monitoring the vacant or boarded building, and must submit a rehabilitation plan containing:
(1) A statement outlining the property owner's plan, if applicable, for repairing the premises for occupants, meeting all applicable codes, offering the premises for sale, lease, or rent, or actively maintaining and monitoring the premises; and
(2) The expected timeline for completing any actions listed above.
(B) Fee waiver. The vacant or boarded building monitoring program fee may be waived by the City Manager or their designee upon a showing by the owner that:
(1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy.
(2) The building meets all applicable codes and is actively being offered for sale, lease or rent.
(3) The City Manager or their designee determines that the building does not contribute to, and is not likely to contribute to blight, because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:
(a) Maintenance of landscaping and plant materials in good condition.
(b) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.
(c) Regular removal of all exterior trash, debris, and graffiti.
(d) Maintenance of the building in continuing compliance with all applicable codes and regulations.
(e) Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
(C) Procedure. The vacant or boarded building monitoring program fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the County Assessor.
(1) Any owner billed may apply for a waiver on the grounds set forth in division (B) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the City Manager or their designee within 30 days after the billing is mailed to the owner. The City Manager or their designee shall review the written statement and may contact the owner to discuss the application for waiver. The City Manager or their designee shall prepare a written decision which shall be mailed to the owner.
(2) Any owner who disagrees with the decision of the City Manager or their designee relating to an application for waiver may appeal by submitting a written appeal hearing request to the City Clerk within 30 days of receipt of the City Manager or their designee's decision. The hearing shall be set and conducted pursuant to §§ 99.06 and 99.07 of this Code.
(D) Collection. If the monthly fee is not paid within 90 working days after billing, or within 60 days after the decision of the City Manager or their designee or the outcome of an appeal hearing, the fee may be collected through a lien pursuant to § 99.16 of this Code.
(Ord. 2023-004, passed 5-23-23)