Chapter 8.38
VACANT STRUCTURES
Sections:
8.38.070 Termination of utilities.
8.38.010 Purpose.
In order to better provide for the health, safety, and welfare of its citizenry, the city desires to establish regulations applicable to vacant structures in addition to the provisions set forth in the previously adopted 2003 Edition of the International Property Maintenance Code. (Ord. 1273 § 2 (part), 2007).
8.38.020 Definition.
“Vacant structure” shall mean any building or other structure that is or remains unoccupied or unutilized for 90 or more consecutive days. (Ord. 1273 § 2 (part), 2007).
8.38.030 Appearance.
Vacant structures shall be maintained in a clean, safe, secure, and sanitary condition, suitable for human occupancy and use. Any vacant structures not in compliance with this chapter shall constitute a public nuisance. (Ord. 1273 § 2 (part), 2007).
8.38.040 Security.
Vacant structures shall, at all times, be secured against unlawful or otherwise unauthorized outside entry. Vacant structures shall contain at least one operable exterior door. Exterior walls and roofs shall remain fully intact. Untreated plywood or similar structural panels may not be used to secure windows, doors, and other openings. The building official may permit the use of medium-density overlay or other approved materials, painted to match the building exterior. (Ord. 1273 § 2 (part), 2007).
8.38.050 Prohibitions.
A. Flammable Liquids. No vacant structure or portion thereof shall be used to store flammable liquids, or other materials, which constitute an unreasonable safety or fire hazard as determined by the building official or fire marshal.
B. Combustible Materials. All debris, combustible materials, and garbage shall be removed from vacant structures, any accessory structures, and adjoining yard areas. (Ord. 1273 § 2 (part), 2007).
8.38.060 Maintenance.
The following maintenance provisions apply to vacant structures:
A. Fire Inspections. The city may periodically inspect vacant structures to ensure compliance with all applicable fire and other code provisions.
B. Plumbing. Plumbing fixtures connected to an approved water system or an approved sewage or on-site septic system shall be maintained in sound condition and good repair. If not so maintained, such fixtures shall be removed and the service terminated to the vacant structure in the manner prescribed by applicable codes.
C. Electrical and Gas. Electrical and gas service lines, wiring, outlets or other fixtures not installed or maintained in accordance with applicable codes shall be removed or repaired in accordance with applicable code. If not so removed or repaired, the electrical or gas services shall be terminated to the vacant structure.
D. Heating. Heating facilities or heating equipment in vacant structures shall be removed, rendered inoperable, or maintained in accordance with applicable codes.
E. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. “Weeds” shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. (Ord. 1273 § 2 (part), 2007).
8.38.070 Termination of utilities.
The building official may, by written notice to the vacant structure owner and to the appropriate water, electric, gas, or other utility service provider, require the termination or disconnection of any utility service failing to comply with the provisions of this chapter or otherwise failing to comply with applicable code. (Ord. 1273 § 2 (part), 2007).
8.38.080 Enforcement.
Violations of this chapter shall be enforced pursuant to the provisions set forth in Chapter 1.20 NBMC. (Ord. 1585 § 8, 2016: Ord. 1273 § 2 (part), 2007).
8.38.090 Exceptions.
This chapter shall not apply to any vacant structure undergoing construction, renovation, or rehabilitation, in compliance with all applicable ordinances, codes, and regulations, and for which construction, renovation, or rehabilitation is proceeding regularly to completion. A vacant structure is not proceeding regularly to completion under this chapter when no construction, renovation, or rehabilitation activities have occurred for 60 or more consecutive days. (Ord. 1273 § 2 (part), 2007).