The fees shall be reasonably related to the administrative costs for registering and processing the vacant building registration form and for the costs incurred by the City in monitoring the vacant building site. The annually increased fee amounts shall be reasonably related to the costs incurred by the City for demolition and hazard abatement of, or repairs to, vacant buildings, as well as the continued administrative costs stated above.
(a) But for a valid arms-length transaction, the annual registration fee for a vacant residential, commercial, or industrial building shall be based on the duration of time the building has been vacant regardless of a change in ownership. In the event of a valid arms-length transaction, the new purchaser would start at the first year registration fee and proceed as described above, regardless of the status of the seller. A valid "arms-length transaction" is one between a buyer and seller in which the buyer and seller are independent of each other, ensuring that all parties in the deal are acting in their own self-interest, are not subject to any pressure or duress from the other parties, and are dealing from equal bargaining positions. A valid written contract with legally sufficient consideration as determined in the sole discretion of owner, or designee must be provided.
(b) The owner of a vacant residential building shall pay an annual fee of two hundred dollars ($200.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of three thousand two hundred dollars ($3,200.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(c) The owner of a vacant commercial, four or more residential dwelling unit building, industrial building and/or mixed use building shall pay an annual fee of four hundred dollars ($400.00) for the first year the building remains vacant. For every consecutive year that the building remains vacant, the annual fee will be assessed at double the previous year's fee amount for a maximum annual fee equaling the five-year fee of six thousand four hundred dollars ($6,400.00) to be used for the fifth and for all consecutive, subsequent years of vacancy.
(d) Vacant buildings without an approved Development Plan. The registration fee shall be paid in full prior to the issuance of any building or development-related permits. The Community Development Department shall refund a prorated amount of the vacant property registration fee paid if the subject building is brought into compliance with standards of federal, state, and local codes to the satisfaction of the City Manager or designee and reoccupied within one hundred and eighty (180) days of the required date to register per the notice. The refund shall be for the amount of the registration fee paid during the year in which the building was approved for re-occupancy. Registration fees paid in previous years and/ or any arrearages of registration fees which are paid in the same year in which the building was approved for re-occupancy shall not be refunded.
(e) Vacant buildings with an approved Development Plan. The registration fee shall be paid in full prior to the issuance of any building or development-related permits. The Community Development Department shall refund the vacant property registration fees paid if the subject building is brought into compliance with standards of federal, state, and local codes and reoccupied within the time frame specified in the approved Development Plan. The refund shall be for the full amount of all registration fees (less any funds used by the City to maintain the safety and security of the subject building) paid in the time period after the approval of the Development Plan in accordance with Section 1329.07.
(f) The fee shall be paid in full prior to the issuance of any City of Sidney permits unless the property is granted an exemption. The fee shall be prorated and a refund may be issued if the building is no longer deemed vacant under the provisions of this chapter within 180 days of the required date to register per the notice.
(g) All late fees shall be paid by the owner prior to any transfer of an ownership interest in the vacant building, and all liens paid hereunder. A hold may be placed on the transfer or activation of utilities (water and sewer) until all unpaid fees are paid.
(h) If a registration form is filed late, an additional late fee shall be paid in addition to the annual registration and will be equal to the annual fee or one thousand dollars ($1,000.00), whichever is less.
(i) All liens and late fees shall be assessed and collected in accordance with Section 1329.04 of the Codified Ordinances of the City of Sidney.
(Ord. A-2936. Passed 8-27-18; Ord. A-2975, Passed 8-12-19.)