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At the time of registration, the Building Code Official, Fire Chief, and Chief of Police shall determine whether it is necessary for any or all of them to inspect the structure so as to identify any public safety issues needing addressed. Inspections shall also be available to verify the status of any property concerning occupancy, vacancy, and the like. If an internal inspection is deemed necessary, the owner will be notified of the same and arrangements made for the same. If the owner fails or refuses to consent to and arrange for an inspection, the city, before performing any inspection, must seek an administrative search warrant from a court of competent jurisdiction, which shall include the Municipal Court, to authorize inspection of the premises for the purpose of determining the structural integrity of the building, the repairs necessary to ensure its structural integrity and that it will be safe for entry by firefighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time that the building remains vacant.
(Ord. 2022-06, passed 3-7-2022)
The property owners shall be notified, in writing, of any corrective action deemed necessary for life, safety, and Building Code matters by city officials, the applicable code provisions or regulations, and will be afforded a reasonable time to perform the corrective action. Corrective action concerning the occupancy of vacant structures is discussed later herein.
(Ord. 2022-06, passed 3-7-2022)
(A) Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to the City Manager. An appeal shall exist upon the filing of an application, in writing, to the Building Code Enforcement Department no later than 15 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this chapter.
(1) Within five days of receiving an appeal, the Building Code Official shall alert the City Manager to such appeal and the City Manager shall hear said appeal within 30 calendar days of the date the appeal was filed. The City Manager shall provide the parties with adequate notice of any hearing. Parties to the hearing may be represented by another person.
(2) The decision of the City Manager may be appealed to the Municipal Court.
(3) The decision of the Municipal Court may be appealed to any court of competent jurisdiction.
(B) One-time waiver of registration fee. A one-time waiver of the registration fee per property/structure is available. A waiver shall not last more than 60 days unless, in his or her discretion, the City Manager permits a longer waiver or an extension of any waiver. A party may seek such waiver through the Building Code Enforcement Department. The Building Code Official shall provide such waiver to the City Manager within five days of receiving such waiver request. The waiver may be granted by the City Manager or his or her designee, upon review and advice of the Building Code Official and/or other relevant authorities, if the owner:
(1) Demonstrates with satisfactory proof to the City Manager or his or her designee that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
(2) Objectively demonstrates to the City Manager or his or her designee a reasonable anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building;
(3) Provides satisfactory proof to the City Manager or his or her designee that he or she was actively attempting to sell or lease or rent the property during the vacancy period; or
(4) Provides satisfactory proof to the City Manager, to be evaluated on a case-by-case basis, that the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and document able as necessary.
(C) Grant or denial of request. Within 30 days, or as soon thereafter as possible, after the waiver application is received by the City Manager or his or her designee, the City Manager or his or her designee shall grant or deny the waiver or request for extension, in writing, and dispatch the written decision by mail to the owner.
(1) If the owner properly submitted an application for a one-time waiver or request for extension to the City Manager or his or her designee, and the City Manager or his or her designee rendered a decision which the owner seeks to appeal, the owner may appeal to the Municipal Court.
(2) To constitute a timely appeal, the owner must file an application in writing no later than 15 calendar days from the date of the City Manager or his or her designee’s decision. The Municipal Court shall either grant or deny the appeal.
(3) Thereafter the decision of the Municipal Court is final, unless within 15 days of such decision is appealed to a court of competent jurisdiction. Such appeal shall stay any registration and/or payment of registration fees or other actions available to the city concerning the property/structure at issue related to vacant building registration.
(Ord. 2022-06, passed 3-7-2022)
(A) Duty to amend registration statement. If the status of the registration information changes, it is the responsibility of the owner, responsible party, or agent for the same to contact the Building Code Enforcement Department with 30 days of the occurrence of such change and advise the Building Code Official, in writing, of those changes.
(B) Exceptions. This chapter shall not apply to any building owned by the United States, the state, the city, or any of their respective agencies or political subdivisions.
(C) Violations and penalties for failure to register. The Building Code Official, or his or her designee, shall have the authority to determine fine amounts for failure to register a vacant building. The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building upon adoption of this chapter or to pay any fees required to be paid pursuant to the provisions of this chapter, within 30 days after they become due shall constitute a violation of this chapter.
(Ord. 2022-06, passed 3-7-2022) Penalty, § 153.99
All vacant structures are subject to reinspection on an annual basis or as deemed necessary pursuant to § 153.05.
(Ord. 2022-06, passed 3-7-2022)
(A) After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal pursuant to § 153.07, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the city and the city may commence a civil action to collect such unpaid debt.
(B) Lien, or liens, as used in this chapter shall arise whenever the fees and charges as described in this chapter are levied or imposed. The liens created in this chapter shall be subject to the provisions of relevant federal, state, or municipal law that control liens, legal processes related to liens, and remedies related to liens, or other laws that are related to liens.
(C) If an owner fails to pay the registration fee as assessed and the city begins the collection action to enforce its lien, then the city shall post the written notice on the property and send the written notice to the owner(s) by certified and regular mail.
(D) (1) The city may take action to sell the subject property by means of forfeiture and the court ordered enforcement process to collect the debt owed the city. The city shall institute the process of forfeiture in any court of competent jurisdiction, with an aggrieved party having all available rights to appeal said court decision.
(2) Should the city take the steps necessary to sell the subject property, the city shall do so, subject to all liens and real and personal property taxes that are due.
(3) Purchasers of the subject property shall be similarly responsible for registration pursuant to this chapter in the same manner as the prior owner and must begin the registration process anew if said property remains vacant.
(Ord. 2022-06, passed 3-7-2022) Penalty, see § 153.99
For unpaid registration fees, the city is authorized to take any legal measures necessary and available to obtain any unpaid fees. Unpaid registration fees will result in the inability of the owner to obtain other city permits, such as building, business, and the like. The Building Code Official may use his or her discretion to determine any hardship exceptions to this rule.
(Ord. 2022-06, passed 3-7-2022)
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