§ 150.156 DEFINITIONS.

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DANGEROUS STRUCTURE. A structure that is potentially hazardous to persons or property, including, but not limited to:

      (1)   A structure that is in danger of partial or complete collapse;

      (2)   A structure with any exterior parts that are loose or in danger of falling; or

      (3)   A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, that are accessible and that are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads.

   OWNER. Those shown to be the owner or owners on the records of the Minnehaha County and Lincoln County directors of equalization, those identified as the owner or owners on a vacant building registration form, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the freehold of the premises or lessor state therein. Any person shall have a joint and several obligation for compliance with the provisions of this subchapter.

   SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.

   UNOCCUPIED. A building which is not being used for a legal occupancy.

   UNSECURED. A building or portion of a building that is open to entry by unauthorized persons without the use of tools.

   VACANT BUILDING.

      (1)   A building or portion of a building that is:

         A.   Unoccupied and unsecured;

         B.   Unoccupied and secured by other than normal means;

         C.   Unoccupied and a dangerous structure;

         D.   Unoccupied and condemned;

         E.   Unoccupied and has city code violations; or

         F.   Condemned and illegally occupied.

      (2)   VACANT BUILDING does not mean any building being constructed pursuant to a valid permit issued pursuant to the city building code and residential code for one- and two-family dwellings.

(1992 Code, § 11-101) (Ord. 112-03, passed 11-17-2003)

§ 150.157 VACANT BUILDING REGISTRATION.

   (a)   The owner shall register with the city not later than 30 days after any building in the city becomes a vacant building, as defined in this subchapter.

   (b)   The registration shall be submitted on forms provided by the city. The forms shall include a plan for the continued care and upkeep of the property acceptable to the city and a timetable for returning the building to appropriate occupancy or use and/or for demolition of the building and other information deemed necessary by the city.

   (c)   All applicable laws and codes shall be complied with by the owner. The owner shall notify the city of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the city.

   (d)   The owner and any subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed. The building shall not be used for storage.

   (e)   Any new owner(s) shall register or re-register the vacant building with the city within 30 days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the city.

(1992 Code, § 11-102) (Ord. 112-03, passed 11-17-2003)

§ 150.158 VACANT BUILDING FEES.

   (a)   The owner of a vacant building shall pay an annual fee of $1,000 for the first year the building becomes a vacant building. If the property is located in a historic district identified by the city of Sioux Falls, the owner shall pay an annual fee of $2,000 for the first year the building becomes a vacant building. Thereafter, if any property remains unoccupied, the subsequent annual fee shall increase by $1,000 increments each year.

   (b)   The first annual fee shall be paid not later than 30 days after the building becomes a vacant building. Any subsequent annual fee shall be due upon renewal of the vacant building registration. If the fee is not paid within 30 days of being due, the owner shall be in violation of this subchapter.

   (c)   The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

(1992 Code, § 11-103) (Ord. 112-03, passed 11-17-2003; Ord. 137-21, passed 11-9-2021; Ord. 53-23, passed 7-5-2023)

§ 150.159 EXEMPTIONS.

   (a)   A building that has suffered fire damage shall be exempt from the registration requirement for 90 days after the date of the fire if the property owner submits a request for exemption in writing to the city.

   (b)   This request shall include the following information supplied by the owner:

      (1)   A description of the premises;

      (2)   The names and addresses of the owner or owners; and

      (3)   A statement of intent to repair and reoccupy the building in an expedient manner.

(1992 Code, § 11-104) (Ord. 112-03, passed 11-17-2003)

§ 150.160 INSPECTIONS.

   The city may inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this subchapter. Procedures for inspections shall be as permitted by § 104 of the Property Maintenance Code.

(1992 Code, § 11-105) (Ord. 112-03, passed 11-17-2003; Ord. 105-08, passed 8-18-2008)

§ 150.161 ALTERNATIVE PROCEDURES.

   Nothing in this subchapter shall be deemed to abolish or impair existing remedies of the city authorized by this Code.

(1992 Code, § 11-107) (Ord. 112-03, passed 11-17-2003)