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CHAPTER 18: VACANT BUILDING REGISTRATION
Section
   18.01   Purpose and findings
   18.02   Definitions
   18.03   Vacant building registration requirement
   18.04   Change of ownership
   18.05   Inspections
   18.06   Maintenance of vacant buildings
   18.07   No occupancy or trespass
   18.08   Vandalism or removal of items prohibited
   18.09   Appeal
   18.99   Penalties
§ 18.01 PURPOSE AND FINDINGS.
   (A)   The City Council is enacting this chapter to help protect the public health, safety and welfare by establishing a program for the identification and regulation of vacant buildings within the city. This chapter also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with same.
   (B)   The City Council finds that vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Neglect of vacant buildings, as well as use of vacant buildings by transients and squatters, creates a risk of fire, explosion or flooding for the vacant building and adjacent properties.
   (C)   Pursuant to authority provided in M.S. § 463.26, permitting cities to enact and enforce ordinances on hazardous buildings, and in order to enhance the livability and preserve the tax base and property values of buildings within the city, and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly demolished, the city hereby declared that it is the policy of the city to promote rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition of hazardous buildings through a procedure fixing appropriate responsibility in accordance with due process requirements.
   (D)   Vacant properties often are used as dumping grounds for junk and debris and often are overgrown with weeds and grass. Vacant buildings that are boarded to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. There is a substantial cost to the city for monitoring vacant buildings whether or not those buildings are boarded. This cost should not be borne by the general taxpayers of the community; but, rather, these costs should be borne by those who choose to leave their buildings vacant.
(Ord. passed 10-22-2019)
§ 18.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ABANDONED PROPERTY. Property that the owner has surrendered, voluntarily relinquished, disclaimed, or ceded all right, title, claim, and possession, with the intention of not reclaiming it.
   BUILDING. Any roofed structure used or intended for supporting or sheltering any use or occupancy.
   COMPLIANCE OFFICIAL. City Administrator and the City Administrator’s designated agents authorized to administer and enforce this chapter.
   PROPERTY OWNER. The owner of record according to St. Louis County property tax records; those identified as owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association, corporation or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer or director of any partnership, corporation, association or other legally constituted business entity. All owners shall have joint and several obligations for compliance with the provisions of this chapter.
   RESPONSIBLE PARTY. An owner, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located; any party having a legal or equitable interest in the property. Responsible party may include but is not limited to a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity.
   VACANT BUILDING. A building is vacant if no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, non-transient basis in accordance with City of Virginia zoning regulations.
(Ord. passed 10-22-2019)
§ 18.03 VACANT BUILDING REGISTRATION REQUIREMENT.
   (A)   Application. The owner or responsible party shall register a vacant building with the city no later than 30 days after the building becomes vacant. The registration shall be submitted on a form provided by the city and shall include the following information supplied by the owner:
      (1)   The name, address, telephone number and email address, if applicable, of each owner and each owner’s representative;
      (2)   The names, addresses, telephone numbers and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building;
      (3)   The name, address, telephone number and email address, if applicable, of a local agent or person responsible for managing or maintaining the property;
      (4)   The tax parcel identification number and street address of the premises on which the building is situated;
      (5)   The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and correcting code violations and nuisances, or for demolition of the building; and
      (6)   The status of water, sewer, natural gas and electric utilities.
      (7)   The owner shall notify the Compliance Official within 30 days of changes in any of the information supplied as part of the vacant building registration.
   (B)   Property plan. The property plan identified above in division (A)(5), shall meet the following requirements:
      (1)   General provisions. The plan shall comply with all applicable regulations and meet the approval of the Compliance Official. It shall contain a timetable regarding use or demolition of the property. The plan shall be completed within 30 days after the building is registered.
      (2)   Maintenance of building. The plan shall identify the means and timetable for addressing all maintenance and nuisance-related items identified in the application. Any repairs, improvements or alterations to the property shall comply with building code provisions and applicable city regulations.
      (3)   Plan changes. If the property plan or timetable for the vacant building is revised in any way for any purpose, the revisions shall meet the approval of the Compliance Official.
      (4)   Demolition required. If a building has remained vacant for a period of 365 consecutive days, and the Compliance Official has not approved an alternative schedule in the property plan, the city may declare the building to be a nuisance and direct the owner to demolish the building and restore the grounds. If the owner does not demolish the building and thereby eliminate the nuisance conditions, the city may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with § 17.11 of this code and M.S. § 429.101.
   (C)   Non-compliance and notification. If the owner does not comply with the property plan, or maintain or correct nuisance violations, the city may commence abatement and recover its costs for correction of those items in accordance with § 425.25 of this code and M.S. § 429.101. In the case of an absent owner and ongoing nuisance issues, the city need not provide notice of each abatement act to the owner. A single notice by the city to the owner is determined to be sufficient notice that it intends to provide ongoing abatement until the owner corrects the violations.
   (D)   Exemptions.
      (1)   Fire damage. A building that has suffered fire damage is exempt from the registration requirement for a period of 90 days after the date of the fire if the owner submits a request for exemption in writing to the Compliance Official. An exemption request for review by the Compliance Official shall include the following information supplied by the owner:
         (a)   A description of the premises;
         (b)   The name and address of owner or owners;
         (c)   A statement of intent to repair and reoccupy the building in an expeditious manner and the time frame for completion; and
         (d)   Actions the owner will take to ensure the property does not become a nuisance for the neighborhood.
      (2)   Snowbirds. Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. Requests for “snowbird” exemption will be considered annually with proper verification.
   (E)   Fees. The owner shall pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the city in monitoring the vacant building site. The fee shall be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit.
   (F)   Waiver of fees. The city may waive the registration fee if the owner or responsible party has paid all past due registration fees and all other financial obligations and debts owed to the city that are associated with the vacant property and demonstrates, to the satisfaction of the Compliance Official that:
      (1)   The property is re-occupied, with the exception of demolition, within a period of time deemed reasonable to the Compliance Official; and either
      (2)   (a)   The owner or responsible party is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; or
         (b)   The owner or responsible party has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the Compliance Official.
   (G)   Assessment. If the registration fee or any portion is not paid within 60 days after billing or within 60 days after any appeal becomes final, the City Council may certify the unpaid fees against the property in accordance with M.S. § 429.101.
   (H)   Issuance of registration. Upon completion of the registration process and payment of the fee, the city will issue a vacant building registration to the owner. The owner shall securely post the registration on the vacant building on a side entrance door, where possible, that is not generally visible from the public street. If no side entrance door is available, the registration shall be securely posted on another available entrance door.
   (I)   Failure to register. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property.
(Ord. passed 10-22-2019)
§ 18.04 CHANGE OF OWNERSHIP.
   (A)   A new owner(s) shall register or re-register a vacant building in accordance with § 18.03 within 15 days of any transfer of an ownership interest in a vacant building.
   (B)   The new owner(s) shall comply with the approved property plan and timetable submitted by the previous owner or shall submit any changes proposed to the property plan to the Compliance Official for review and approval as required by § 18.03 of this chapter.
   (C)   For the purposes of this section, a new owner is an “owner” as defined in § 18.02 who has purchased the vacant building since its registration by the previous owner and has succeeded to all rights of that previous owner.
(Ord. passed 10-22-2019)
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