(A) There is hereby created the city’s Registry of Vacant Buildings. For purposes of this section, the term VACANT BUILDING means a building or other structure that has been unoccupied for six months or longer, or unsecured and occupied by one or more unauthorized persons for six months or longer; provided that, a new building under construction or a building that by definition is exempted by ordinance of the municipality, is not deemed a vacant building; provided further, however, that, the City Council shall on a case by case basis, upon the written request of the property owner, exempt vacant buildings from registration upon a finding for good cause shown that a person will be unable to occupy the buildings for a determinant period of time.
(B) An owner subject to property registration pursuant to this section, shall be assessed a monthly fee in the amount of $0.01 per square foot of all vacant buildings, said square footage to be determined from the records maintained by the County Assessor’s office.
(C) Any owner subject to property registration pursuant to this section, upon six months of their property becoming vacant, shall register his or her property as being vacant with the city’s Housing Enforcement Officer. The Housing Enforcement Officer shall determine the appropriate monthly fee after conferring with the County Assessor’s office.
(D) In any event that the owner of a vacant building resides outside the state, then the owner shall designate a person residing within the state who shall be authorized to accept service of process and notices of fees due and owing pursuant to this section on behalf of the owner and who shall be designated by the owner as a responsible, local party or agent for the purposes of notification in the event of any emergency affecting the public health, safety or welfare as attributable to the owner’s vacant building.
(E) The city is authorized to institute a civil action against the owner of any vacant property and/or file a lien on real property for unpaid and delinquent vacant building registration fees. Before any lien is filed, the city shall give notice to the property owner or owner’s agent, by certified mail, return receipt requested, stating that the city will file the lien unless the delinquent fees are paid by a date stated in the notice, which shall be not less than 30 days from the date the notice is received by the owner or the owner’s agent, which shall be the date of delivery shown on the signed certified mail return receipt card. If service of the notice cannot be attained by certified mail, notice may be affected by posting of the notice at the property or by publication.
(F) Within 30 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.
(G) If an appeal is not filed within 30 days, the property is registered and the fee is assessed to the owner(s) on the date specified in the notice.
(H) 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 Board’s decision. If the decision is not appealed in a timely manner to the Municipal Court, then the property is registered and the fee is assessed on the date specified in the notice.
(I) The city shall deposit all fees collected pursuant to this section into a special account, which funds shall be used to:
(1) Improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant properties;
(2) Monitor and administer this section; and
(3) Repair, close or demolish a vacant structure as authorized pursuant to § 150.30 of this chapter.
(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, 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 an annual fee in accordance with the following schedule:
Less Than One Year | No Fee |
One year | $200 |
Two years | $400 |
Three years | $600 |
Four years | $800 |
Five years | $1,600 |
Five years or more | $1,600, plus $300 for each additional year |
(Ord. passed - -2016)