Chapter 8.21
VACANT BUILDING MONITORING FEE AND SECURING OF VACANT BUILDINGS
Sections:
8.21.010 Findings - vacant buildings.
8.21.030 Vacant or boarded building monitoring fee.
8.21.040 Securing vacant buildings.
8.21.050 Authority to designate agent to resume utility service.
8.21.010 Findings - vacant buildings.
The city council finds as follows:
Vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract transients and criminals, including drug users. Use of vacant buildings by transients and criminals, who frequently employ primitive cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values.
Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police, public works and building departments and the code enforcement division. There is a substantial cost to the city for monitoring vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings.
(Ord. 2008-02, Repealed and Replaced, 06/03/2008; 98-03, Added, 03/03/1998)
8.21.020 Definitions.
The definitions contained in this section shall govern the construction of this Chapter.
A. Blight shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
B. Boarded building or boarded up shall mean a building, any of the doors or windows of which have been covered with plywood or other material.
C. Vacant building or vacant shall mean a building which is without a legal resident or occupant or which is not being put to a lawful commercial or industrial use. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; 98-03, Added, 03/03/1998)
8.21.030 Vacant or boarded building monitoring fee.
A. Fee imposed. There is hereby imposed upon every owner of a vacant or boarded building a monthly vacant or boarded building monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building and shall be used solely for that purpose. The fee shall be payable as to any building, residential or non-residential, which:
1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city, or
2. Is vacant for more than ninety (90) days for any reason.
B. Fee waiver. The vacant or boarded building monitoring fee may be waived by the building official upon a showing by the owner that:
1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy, or
2. The building meets all applicable codes and is actively being offered for sale, lease or rent.
C. Procedure. The vacant or boarded building monitoring fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the county assessor.
Any owner billed may apply for a waiver on the grounds set forth in subsection (B) of this section by submitting a written statement of the grounds for the waiver, and the owner’s daytime telephone number, to the building official within thirty (30) days after the billing is mailed to the owner. The building official shall review the written statement and may contact the owner to discuss the application for waiver. The building official shall prepare a written decision which shall be mailed to the owner.
Any owner who disagrees with the decision of the building official relating to an application for waiver may appeal by submitting a written appeal hearing request to the city clerk within thirty (30) days of receipt of the building official’s decision. The hearing shall be set and conducted pursuant to section 21.03.060.
D. Collection. If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the building official or the hearing officer, the fee may be collected through a lien pursuant to section 21.01.100 or a special assessment pursuant to section 21.01.110. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; Ord. 2006-07, Amended, 06/06/2006; 98-03, Added, 03/03/1998)
8.21.040 Securing vacant buildings.
The city manager or designee may impose such requirements to secure the property as deemed reasonably necessary to protect the public health, safety and welfare. The city manager or designee shall notify the affected property owner of the decision to impose specific securing requirements in writing. Any owner who disagrees with the decision of the city manager relating to any specific securing requirements may appeal by submitting a written appeal hearing request to the city clerk within thirty (30) days of receipt of the written notice imposing specific securing requirements on the property. The hearing shall be set and conducted pursuant to section 21.03.060. (Ord. 2008-02, Repealed and Replaced, 06/03/2008; 98-03, Added, 03/03/1998)
8.21.050 Authority to designate agent to resume utility service.
The owner of a vacant building may designate in writing to city an agent to authorize the resumption of city utility service to the property. However, this section shall not be interpreted to reduce or eliminate outstanding debts, fees or costs the owner or agent may be required to pay prior to city utility service connection. (Ord. 2008-02, Repealed & Replaced, 06/03/2008)
8.21.060 Penalties.
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this Chapter are cumulative to each other and to any others available under state law or other city ordinances. (Ord. 2008-02, Repealed & Replaced, 06/03/2008)