(A) Purpose:
1. Abandoned or vacant buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the property fails to actively maintain and manage it. Boarded buildings, substandard or unkempt properties and long term vacancies discourage economic development, lower property values or degrade their appreciation, and constitute a public nuisance.
2. Vacant properties are often overgrown with weeds and other vegetation, used as a dumping ground for debris, toxic or other hazardous substances, and illegal personal storage of potentially combustible materials. Blighted vacant properties also attract vagrants, squatters and other criminal elements as prime locations to conduct illegal activities.
3. When the owner of a vacant or abandoned building allows the building to deteriorate to such an extent that the building must be demolished, persons and neighboring properties could be endangered. In these circumstances, the owner of the building can often evade notice and hearing procedures that would otherwise be required, and the neighborhood and the city as a whole lose an important and sometimes historical significant resource.
(B) Definitions:
1. A building shall be defined as vacant or abandoned if it:
(a) Is unoccupied or unsecured; or
(b) Is unoccupied and secured by boarding or other similar means; or
(c) Is unoccupied and unsafe, as defined in section 3-4.2-11 of this code; or
(d) Is unoccupied and has multiple code violations; or
(e) Has been unoccupied for over thirty (30) days; or
(f) Has an expired business license for over thirty (30) days.
2. A building shall not be considered vacant or abandoned if:
(a) There is a valid building permit for repair, rehabilitation or construction of a building on the parcel and the owner completes the repair, rehabilitation or construction within one year from the date the initial permit was issued; or
(b) The building complies with all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease or rent.
(c) The property owner suffers an unforeseen and undue hardship that limits their ability to comply with subsections (B)2(a) and (B)2(b) of this section, as determined by the director.
(C) Vacant Building Registration: The owner of a building defined as vacant or abandoned shall register that building with the planning and community development department within thirty (30) days after it has become vacant or abandoned on a form provided by the department. The form shall describe the methods by which the owner has secured the property against unauthorized entry, declare any future plans for the property, state whether or not there is fire and liability insurance coverage, and provide such other information as the department may require. A registration fee shall be paid at the time of registration and annually thereafter.
(D) Notice To Owner: Whenever the director has probable cause to believe, based upon an inspection, complaint or report from another agency of the city or other governmental agency, that a building is vacant or abandoned and it has not been registered as required by this section, the director shall serve the owner of record, as shown on the assessor's records, or authorized agent, with a written notice requiring the owner to register the building with the department as vacant or abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than thirty (30) days.
(E) Posting: The owner of record of the vacant or abandoned building is required to post a sign at the front of the building, in a conspicuous location protected from the weather, which provides the current name, address and phone number of the owner of record and authorized agent, if different from the owner. If a notice of default or foreclosure has been recorded for the property, the lender's name, address and telephone number must also be provided. The sign shall be no smaller than eight inches by eleven inches (8"x11").
(F) Vacant Building Maintenance And Security Requirements: The following maintenance and security requirements shall apply to a vacant or abandoned building. The director has the discretion to modify these requirements in the case of a partially vacant building, and to modify or waive some or all of these requirements in the case of a building that has been damaged by fire, a natural disaster or other calamity.
1. The property owner shall actively maintain and monitor the exterior of the building and the grounds so that they remain in compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight. Active exterior maintenance and monitoring shall include, but not limited to:
(a) Maintenance of landscaping and plant materials in good condition;
(b) Regular removal of all exterior trash, debris and graffiti;
(c) Maintenance of the exterior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks;
(d) Removal of business identification signs; repair, patch and paint sign area; and replace existing cabinet sign faces with a black face so electrical and lighting is not exposed;
(e) Prevention of criminal activity on the premises and trespass by unauthorized persons;
(f) Turning off all utilities that are not necessary for the upkeep and maintenance of the building.
2. The property owner shall preserve the interior of the building from damage by the elements or plumbing leaks, and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects or other pests. Active interior maintenance shall include, but not be limited to:
(a) Removal of interior furnishings, racks, displays, trash, debris, vehicles, business identification signs and other potentially combustible materials to reduce the risk of a potential fire and provide clear paths of travel for emergency personnel;
(b) Maintenance of the interior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint, wall and floor finishes, lighting fixtures and switches, plumbing fixtures, heating and air conditioning systems, and doorways and openings;
(c) Prevention of criminal activity and trespass within the interior of the vacant or abandoned building by unauthorized persons;
(d) The personal use of or leasing to other individuals for use of a vacant or abandoned building for storage of personal items, commercial goods, personal or commercial vehicles and other similar items, as determined by the director, is prohibited.
3. The building shall be secured against unauthorized entry. The methods of security shall be as approved by the director, who shall take into consideration whether the property has been cited for nuisance activities or criminal conduct by another department of the city or other government agency.
(G) Insurance: The owner of record of a vacant building shall maintain a minimum fire and liability insurance coverage. The insurance policy shall be required to provide notice to the department in the event of cancellation of insurance or a reduction in coverage.
(H) Violation And Enforcement: A property in violation of the provisions of this section is deemed to be a public nuisance and subject to enforcement by the department and other departments, as necessary. The property owner may be subject to violation fees in addition to the vacant building registration fee. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)