There are hereby adopted rules and regulations regarding vacant structures in Historic Overly Districts Nos. 1 through 15 and any other historic overlay district as may subsequently be designated by the city council. This article shall be known and may be cited as the vacant building regulations.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-81; Ordinance 2022-028 adopted 5/9/22)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Historic landmark.
An individual structure or property that has been designated as such through approved means by city council, state or federal authority.
Historic overlay districts and landmarks.
Located as adopted and described in the city zoning ordinance, as amended, and as more particularly described as Historic Overlay Districts Nos. 1 through 15 as well as any other historic overlay district as may be subsequently designated by the city council.
Lawful activity.
That for which the structure was built or intended to be used. No building shall be used primarily for storage of personal or business items.
Owner.
Any person, agent, firm, partnership or corporation having a legal interest in the property.
Secured.
All accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows, being locked so as to prevent unauthorized entry.
Structure.
That which is built or constructed.
Temporarily secured.
All accessible means of ingress and egress to the vacant structure, including but not limited to all exterior doorways and windows, are covered with plywood (or other appropriate material) that has been nailed or bolted in place so as to prevent unauthorized entry.
Vacant structure.
All lawful activity has ceased, or reasonably appears to have ceased, for thirty (30) days. The term shall include business or residential structures that are not occupied including but is not limited to commercial buildings open to the public, residential structures not lived in, structures being used solely for storage of personal property, properties which do not have an active account for service of one or more utilities including water, sewer and trash, electric and gas service as evidenced by active meter service to the property.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-82; Ordinance 2022-028 adopted 5/9/22)
(a) 
This article shall apply to all vacant structures, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses and which are within any historic overlay district (otherwise known as historic overlay districts No. 1 through 15, and any other subsequent districts which may be added following the effective date of this ordinance) and all vacant designated historic landmarks.
(b) 
The city manager or his/her designee is authorized to administer and enforce the provisions of this article.
(c) 
The city manager or his/her designee shall have the authority to render interpretations of this article and to adopt policies and procedures in order to clarify the application of its provisions. The city manager or his/her designee, at his/her sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this article by a date certain.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-83; Ordinance 2022-028 adopted 5/9/22)
(a) 
The vacant structure property owner shall have ninety (90) days in which to register from the date written notice is issued to the property owner. Written notice shall be issued to the vacant structure property owner by means of personal service, or by first class mail to his/her last known address according to the county appraisal district records, and by posting on the property. Should mailings be returned undeliverable, a notice published once in the local newspaper shall serve as notice to the property owner.
(b) 
The city manager or his/her designee may consider provided evidence that the property is listed for sale or lease for fair market value and for a reasonable length of time for purposes of extending the length of time before the property must be registered. Such listing shall not extend the registration required under this section for greater than one hundred twenty (120) days from the first date of such initial listing.
(c) 
Upon the issuance of notice by the city to register a vacant property, and prior to the issuance of a certificate of registration for any vacant building, the owner shall register with the city manager or his/her designee and provide the following information:
(1) 
The address and legal description of the property.
(2) 
The current name, physical address, mailing address, telephone number and e-mail information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent.
(3) 
The contact information for a local manager of the properties and/or improvements located on said property, as applicable.
(4) 
Proof of insurance of the building, which the owner shall procure and keep in full force and effect at all times during the registration term, for commercial general liability and property insurance coverage, with minimum combined bodily injury (including death) and property damage limits of not less than $1,000,000.00 for each occurrence and $2,000,000.00 annual aggregate.
(5) 
A written comprehensive plan of action detailing a timeline for correcting violations, rehabilitation, and maintenance while vacant, and future use(s) of the structure. Said plan of action must be updated every six (6) months.
(6) 
A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event.
(7) 
Written notice to the city, including a copy of the deed, of a change in:
(A) 
Ownership of the property.
(B) 
Contact information for the owner or the designated manager. Written notice must be provided to the city no later than thirty (30) days after said changes have occurred.
(C) 
Continued annual registration of the property by the vacant structure property owner until said structure is deemed occupied and in compliance with all relevant code requirements by the city.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-84; Ordinance 2022-028 adopted 5/9/22)
Vacant structure property owners shall tender an annual registration and inspection fee as set forth in the fee schedule in appendix A of this code. Annual registration fees shall be due and postmarked no later than January 31st of each year.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-85; Ordinance adopting 2021 Code; Ordinance 2022-028 adopted 5/9/22)
(a) 
Vacant structure property owners must designate a local manager for said properties and include the relevant contact information for the designated manager upon registering the property with the city. The property manager shall serve as agent for the property owner for purposes of accepting legal service; however, the vacant property owner remains personally liable in criminal prosecutions for code violations.
(b) 
The property manager or agent must be available at the number listed at all times in the event of an emergency or catastrophe.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-86; Ordinance 2022-028 adopted 5/9/22)
All fee waivers must be applied for on an annual basis, and are subject to approval by the city manager or his/her designee. A fee waiver is valid for no more than twelve (12) months, and may be issued for a shorter period of time.
(1) 
Property which has been devastated by a catastrophe such as fire or flood: The owner has thirty (30) days to register from the date of the disaster but may be exempt from the fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due.
(2) 
A property owner who is indigent must register and is otherwise subject to this article but may be exempt from the fees.
(3) 
Representatives of a property owner who is deceased or is no longer legally competent must register the property and are otherwise subject to this article, but may be exempt from the registration fees. If representatives of the property owner cannot be identified and provisions of this article are required to be carried out by the city to protect the property, then the city reserves the right to make corrections and charge the cost to the owner(s) by filing appropriate liens with the county clerk.
(4) 
Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. In the event the property owner or his or her representative obtains a building permit for correction of any code violation(s), or remodeling of the structure, said permit for corrections and work shall be continuous for the premises as evidenced by on-going work and inspections of the property. If not, said permit shall be deemed as expired within six (6) months from the issuance of such permit or halting of such permitted work. This shall render the property as required to complete and continued vacant structure registration status and payment of fees required under this section.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-88; Ordinance 2022-028 adopted 5/9/22)
The city shall provide for financial assistance for capital repairs and renovations to qualified vacant structures as defined in this article, though the use of grants, loan guarantees, loans, and other financial programs, the eligibility for which shall be determined on a case-by-case basis.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-89; Ordinance 2022-028 adopted 5/9/22)
(a) 
Notice of violation.
Written notice of violation will precede the issuance of a citation, in which the vacant property owner will be given a reasonable length of time, as determined by the city manager or his/her designee, to remedy the violation. Written notice shall be issued to the vacant structure property owner by means of personal service, or by first class mail to his/her last known address according to the county appraisal district records, and by posting on the property.
(b) 
Failure to register.
Failure to register with the city after written notice to the vacant structure property owner, as is herein specified, is a violation of this article.
(c) 
Penalty.
Any person, firm, or corporation found guilty of violating any of the provisions of this article shall be deemed guilty of a misdemeanor of an ordinance affecting the public health and safety, and upon conviction shall be subject to a fine in accordance with section 1.01.009.
(d) 
Additional remedies.
Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other.
(Ordinance 2018-014, sec. 1, adopted 4/23/18; 1988 Code, sec. 7-90; Ordinance 2022-028 adopted 5/9/22)