(A) There is hereby created the city’s Registry of Uninhabitable Property. The owner of any real property improved by a structure that has been determined to be uninhabitable and violates the city’s Building Code shall register their property with the Housing Enforcement Officer, said Housing Enforcement Officer being hereby specifically designated and appointed by the City Manager as being the city’s Code Enforcement Officer.
(B) The Housing Enforcement Officer shall investigate and determine whether any real property situated within the corporate limits violates the provisions of the city’s Building Code.
(C) After inspecting property, if the Housing Enforcement Officer determines the property is uninhabitable and violates the city’s Building Code, then:
(1) The Housing Enforcement Officer shall post a written notice on the property which shall include:
(a) An explanation of the violation(s);
(b) A description of the registration;
(c) The date the fee will be assessed;
(d) An explanation of how to be removed from the registration;
(e) An explanation of the appeals process; and
(f) A statement that if the fee is not paid, then the property is subject to forfeiture.
(2) Within five business days of the inspection and the posting of property, the Housing Enforcement Officer shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(D) Within 45 days of receipt of the notification by the owner(s), the property owner may:
(1) Make and complete any repairs to the property that violate the city’s Building Code; or
(2) Provide written information to the officer showing that repairs are forthcoming in a reasonable period of time.
(E) After the repairs are made, the owner may request a re-inspection of the property to ensure compliance with the applicable Building Code. If the Housing Enforcement Officer finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred.
(F) The Housing Enforcement Officer may reinspect the property at any time to determine where in the process the repairs fall.
(G) Within 90 days of receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the officer to the Housing Enforcement Board.
(H) If an appeal is not filed within 90 days, the property is registered and the fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the County Clerk’s office.
(I) If the Housing Enforcement Board affirms the registration and assessment of the registration fee, the property owner has the right to appeal the decision of the enforcement agency to the Municipal Court within 30 days of the decision. If the decision is not appealed in a timely manner to the court, then the property is registered and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the County Clerk’s office.
(J) After all fees are paid, and at such time as the property is no longer determined to be uninhabitable either as a result of improvements to the property that make the property habitable, or the uninhabitable structure being razed and removed, the municipality shall record a release of the fee in the County Clerk’s office.
(K) If an owner fails to pay the fee, then the Housing Enforcement Officer shall annually post the written notice on the property and send the written notice to the owner(s) by certified mail.
(L) If a registration fee remains delinquent for two years from the date it was placed on record in the County Clerk’s Office, the city may take action to receive the subject property by means of forfeiture. In the event the city takes the steps necessary to receive the subject property, the city then becomes the owner of record and takes the property subject to all liens and real and personal property taxes.
(M) An owner subject to property registration pursuant to this section shall be assessed a monthly fee in the amount of $0.02 per square foot of the uninhabitable structure, said square footage to be determined from the records maintained by the County Assessor’s office.
(N) Any and all funds realized from the imposition of the fee authorized pursuant to this section are hereby declared to be dedicated to a special account to be established by the city’s Finance Director for the purpose of facilitating the city’s razing, demolition and removal of uninhabitable dwellings and other buildings and structures situated within the corporate limits, or may otherwise be expended to discharge the functions, duties and expenses of the city’s Housing Enforcement Board and/or Housing Enforcement Officer.
(Ord. passed - -2016) Penalty, see § 150.99