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2022-028 - Amending Chapter 4, “Building Regulations,” Article 4.02, “Construction Codes and Standards.” Article 4.03, Section 4.03.004, “Building and Standards Commission Established; Proceedings; Civil Penalties,” Article 4304, “Residential Rental PropeORDINANCE NO. 2022 - 028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 4, "BUILDING REGULATIONS," ARTICLE 4.02, "CONSTRUCTION CODES AND STANDARDS," ARTICLE 4.03, SECTION 4.03.004, "BUILDING AND STANDARDS COMMISSION ESTABLISHED; PROCEEDINGS; CIVIL PENALTIES," ARTICLE 4.04, "RESIDENTIAL RENTAL PROPERTY MAINTENANCE," ARTICLE 4.05, "VACANT BUILDINGS;" AND AMENDING APPENDIX A, "FEE SCHEDULE," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council has previously adopted Chapter 4, "Building Regulations," Article 4.02, "Construction Codes and Standards," to the Code of Ordinances, by which the City the has adopted the 2015 International Building Code, the 2015 International Residential Code, the 2015 International Existing Building Code, the 2015 International Plumbing Code, the 2015 International Mechanical Code, and the 2014 National Electrical Code to provide for safe and orderly development of structures in the city; and WHEREAS, the City Council has previously adopted Chapter 4, Article 4.03.004, "Building and Standards Commision Established; Proceedings; Civil Penalties" to embue the Building and Standards Commission with certain powers, jurisdiction, and authority; and WHEREAS, the City Council has also previously adopted Chapter 4, Article 4.04, "Residential Rental Property Maintenance" to provide for a basic level of safety in residential rental properties throughout the city; and WHEREAS, the City Council has previously adopted Chapter 4, Article 4.05, "Vacant Buildings" to encourage development of precious building stock in the Downtown Historic Overlay District and to provide a basic level of safety for those buildings; and WHEREAS, the City Council has previously adopted Appendix A, "Fee Schedule," Section A3.004, "Registration of Vacant Building" to provide for a fee for maintaining a vacant building covered by Article 4.05; and WHEREAS, the City Council has identified a need for additional regulation of vacant buildings and residential rental properties in the city's historic overlay districts so as to better preserve the historic value of those structures as well as to maintain the historic character of those districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Chapter 4, Article 4.02 of the Code of Ordinances of the City of Paris shall be amended by adding a new Division 9, "Property Maintenance Code," to read as set forth in full in Exhibit A which is attached hereto and incorporated by reference as if fully set forth. Section•3. That Chapter 4, Article 4.02, Section 4.03.004, "Building and Standards Commission Established; Proceedings; Civil Penalty," Subsection (e), "Authority of Commission; Civil Penaltly," shall be amended to add Subsection (3)(9) to read as follows: "Provide notice, conduct public hearings, and issue orders related to residential rental property maintenance as set forth in Article 4.04, Section 4.04.004." Section 4. That Chapter 4, Article 4.04, "Residential Rental Property Maintenance," of the Code of Ordinances of the City of Paris, Texas shall be renamed "Article 4.04 Residential Rentals and Property Maintenance," and shall be amended as set forth in in full in Exhibit B which is attached hereto and incorporated by reference as if fully set forth herein. Section S. That Chapter 4, Article 4.05, "Vacant Buildings," of the Code of Ordinances of the City of Paris, Texas shall be amended as set forth in full in Exhibit C which is attached hereto and incorporated by reference as if fully set forth herein. Section 6. That Appendix A, "Fee Schedule," Sec. A3.004, "Registration of Vacant Building," of the Code of Ordinances of the City of Paris, Texas shall be amended as set forth in full in Exhibit D which is attached hereto and incorporated by reference as if fully set forth herein. Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 9. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 10. That this ordinance shall become effective upon publication as required by law. PASSED AND ADOPTED this 9th day of May, 2022. c ITY0,1111 .............. ATTEST: r\(V (Vnice Ellis, City Clerk AS TO FORM: StephaAie H. Harris, City Attorney Paula Portugal, Mayor c�/ EXHIBIT A Division 9. Property Maintenance Code Sec. 4.02.230 Adopted (a) Definition. For purposes of this division, the following definition shall apply: Property maintenance code means the 2021 International Property Maintenance Code, including any and all amendments, revisions, or revised additions to the 2021 International Property Maintenance Code. (b) Adoption. In conformance with Texas Local Government Code, Chapter 214, Subchapter G, Sections 214.211 through 214.214, the International Property Maintenance Code, including Appendix A, is hereafter adopted as the municipal property maintenance code for all vacant properties and residential rental properties, whether vacant or occupied, in Historic Overlay Districts in the city as set forth in Article 4.04 and Article 4.05 in this Code of Ordinances. The provisions of the 2021 International Property Maintenance Code shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance for said properties. (c) Copies on file. Copies of the 2021 International Property Maintenance Code will be maintained on file in the office of the city engineering and community development departments and at the city public library, and the provisions thereof shall be controlling as set out herein. Sec. 4.02.231 Amendments The code adopted by Section 4.02.230 is hereby amended as set forth in this section: (1) Section 102.7, Historic Buildings, shall be amended to add the following underlined text: The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be save and in the public interest of health, safety and welfare. Notwithstanding the provisions of this Section, all other design regulations of this licensing requirement of the rental properties shall apply, including registration and basic life safety requirements such as: smoke detectors, carbon monoxide detectors, staircase handrails, electrical service conformity from meter base to panel, clutter obstructing exiting routes, and other such safety factors which do not constitute substantial structural alterations. (2) Section 109.4, Violation Penalties, shall be amended to read as follows: A person who shall violate a provision of this code or who fails to comply herewith or with any of the requirements hereof, shall be guilty of a misdemeanor and, upon conviction, shall be fined in any some not to exceed two thousand dollars ($2,000.00), and each and every day's continuance of any violation of the provisions of this code shall constitute and be deemed a separate offense. EXHIBIT B Additions to the text are und.erlined and in RED. Deletions to the text are strusk th,Feugh a . ARTICLE 4.04 RESIDENTIAL RENTALS AND PROPERTY MAINTENANCE Sec. 4.04.001 Title; purpose; applicability (a) Title. These regulations shall be known as the residential rentals and property maintenance code of the city, herein referred to as the "rental code." (b) Purpose. The purpose of this rental code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the maintenance of residential rental properties as defined herein. This rental code establishes minimum basic standards for safety from fire and for the safe and sanitary maintenance of residential rental properties. This rental code is in addition to other building and safety codes and ordinances adopted by the city in this code, including but not limited to the fire code. The cit also recce ni e a edwin the established Flistoric Districts in the comm unit t gr ure that rentaB B o asln units meet m nimurn safet and health standards b rovBin a system for ensuring that both absentee and local landlords correct deficiencies and pro erg maintain rentaB ro ert witBnin the cit This ur ose wilB be achieved b prpyidigly stm of organized inspection of residential rental units in the G stem to monitor and iris eot the order@ occu ancof residentiaB rental units in these areas. (c) Applicability. The provisions of this rental code shall apply to all existing residential rental single- family dwellings, duplexes, triplexes, quadraplexes, short-term rentals, boarding or rooming houses, habitable rooms, and group homes or halfway houses used, designed, or intended to be used for dwelling purposes on a rental basis. Sec. 4.04.002 Definitions 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: Duplex means a structure containing two (2) dwelling units. Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Group home or halfway house means a residential facility that provides training, care, supervision, treatment, or rehabilitation to persons with mental illness, persons with intellectual or developmental disabilities, the aged, the otherwise disabled, persons convicted of crimes, or persons suffering from drug or alcohol addiction, regardless of the number of such persons residing or receiving services therein. Habitable room means a room or enclosed floor space used or intended to be used for the purposes of living or sleeping, excluding bathrooms, water cBoset cornpartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. A room or enclosed floor space used or intended to be used for the purposes of cooking or eating shall be considered as a room or space Page 1 of 8 being used or intended to be used for the purpose of living Under this definition. A tent or RV is not included in the definition of a habitable room. Inspector means the City Manager, Community Development Director, Building Official, Code Enforcement Officer, Fire MarshaH and other persons designated by the City Manager. Multiple dweIIinq_MegLrIs any.vLel Ling ccLntqiLing2_or �LcLreAwe linq nits. _L_ _! L_ Occupant means an erson over I vear of age, liyjn sfe ng, coo Kng_j2r eating _j0_.gLhaving actual dweiring unit. OpeiLafor means an arson whra hgj_ghaLqe, care or control of a buiiding or part thereof an which dwellin. units arm Beti. Owner means any person, agent, operator, firm or corporation or any officer, principal or majority owner of a firm or corporation having legal or equitable interest in the property; or recorded in the official records of Lamar County as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person means an individual, corporation, partnership or any other group acting as a unit. Quadruplex means a structure containing four (4) dwelling units. Plumbing means any of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines. Rent or let property means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license- and shall include lease to own contract for deed, installment sales and_purchasEts whereby_nor the occua(ILs_,Mgy_ be evicted without the necessity. of either a pLoqe�ure and other siai rq ar cedu .L 12_ _Iqs Renter or tenant means a person, corporation, partnership, or group dwelling in residential rental property pursuant to a written or unwritten lease, agreement, or license with or from the owner. Residential rental property orresidentialrental unit means a structure containing a single dwelling unit, a duplex, a triplex, a quadraplex, gpartment short-term rental, a rooming or boarding house, or a group home or halfway house located within a cl,w lfin and Lqrminq a sip aabLitable unit. TlhTm Sh@11 RI_-t;.RGlude stpue­Wres in, ap@FtMeRt Gomp4exes wh;.Gh Gentain mere than four -(4) - '­.ZJ-U44t-e: Rooming house or boarding house means a building arranged or occupied for lodging, with or without meals, for compensation, and not occupied as a one- or two-family dwelling. Rooming unit means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Page 2 of 8 port-Ten'n rental means a rental which is a furnished linin s ace available fqr shirt periods of time from a few da WLLO weeks but 9e s than on a month -to rn nth basis�arj a e also comrncart9 known as vacatio[ rentals and ark considered an alternative fo hotel. Hca lied me ns aid for. furnished or ro\ ided b or under the control of the own r or opqrator. Terra ora r%aoca irr u Leans arty tent, trailer or other structure used for human shelter which is deli ne to be trans ortable and which is not a to i d to the round to another structure or to ani uu iiities s stent can the salt rerr�i es for more than 30 consecutive days Triplex means a structure containing three (3) dwelling units. 4.04.003 Minimum life, health and safety standards The owner of a residential rental property as defined herein shall maintain such property in compliance with the standards set forth herein and shall not permit another person to occupy said residential rental property that is not in a sanitary and safe condition and which does not comply with the requirements of this article. A. (1) The exterior of a structure shall be maintained in good repair, and shall be structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare. Foundation walls shall be maintained plumb and free from open breaks and shall be kept in such condition so as to discourage the entry of rodents and other pests. Exterior walls shall be free from large holes, breaks, and large areas of rotted materials. (2) Exterior doors, door assemblies, and hardware shall be maintained in good functioning condition. Exterior windows shall be maintained in a sufficient condition to prevent the ready access of water, vermin, insects, and other animals, and shall not present an undue danger of bodily injury as a result of broken glass. (3) All residential rental units shall be served with running water and functioning wastewater collection. Plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstruction, leaks, and defects and be capable of performing the function for which such fixtures are designed. Fixtures shall be maintained in a safe, sanitary, and functional condition, and shall be properly connected to either a public water system or to an approved private water system and shall also be properly connected to either a public or private wastewater system or to an approved private sewage disposal system. (4) Electrical and gas systems must present no hazard to the occupants of the structure. Equipment, wiring, and appliances shall be properly installed and maintained in a safe and approved manner. Flexible electric cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. (5) The roof shall be sound, tight, and free of defects that admit rain in an amount that causes or may cause deterioration of the walls or roof structure. The roof must be free of significant signs of deterioration, fatigue, or rotting; must have proper anchorage; and must be capable of supporting all nominal loads. Page 3 of 8 B. DESIGNATION ' UN IT DWELLINGS. This rovsion ap dies onl to vacant dwellin s or dwellun units. The designation of dwellin s or lima units as unfit for human habitation and the race urq g larin unfit aaud Vacaad n of such unfit dwellings or dening sanies; shall be carried out in compliance with the followin re uirements: 1 f lacaroira ��rafit avetl ra s, The irus actor ma deolare as unfit and LELc rd env dwellun or dwellina unit which is found to have anv of the followin defects: is tine wC�uich is so dame ed dace ed dilidated, unsanitary, unsafe, or vermin -infested That it creates a serious hazard to the health or safety o the ccuants rar of the ublic LtL_gne which lacks illumination ventilation or sanitation facilities adpc nate to rotect the health or safety of the occu ant , or of theublic. c One which because o condition or location is unsanitary or ottLerwise dn,g&ous to the health or safety of the occupants or of the , ubiic. 2 arse ofrfif cire/iirr s. No dweBCin or dweilin unit which has been declared as unfit for human hgaitation and lacarded shli a airy be used for human habitation until written a rol is secured from and such placard is removed the cit The citshall remove such placard whenever the defect or defects a on which the condemnation a Diacardin action were based have been eliminated. () De6agciaQaen70vir card from any dwelling oudwellinunit which has been declared as unfit for human habitation and Discarded as suclu, e ce t ss myji [din division esrio Anerson affected b an notice or order r latin to the declaration and lacardin of a e ria a on jhgmatter before the Buildilo and_Standards Commission under the procedures sot forthinthis chater. Sec. 4.04.004 Notice of violation; hearing (a) Notice required. In the event that any person owning occupied residential rental property within the corporate limits of the city fails or refuses to comply with the provisions of this article, the city shall give seven (7) days' notice of the violation to the owner prior to taking any further legal action against the owner. (b) Manner of notice. (1) The notice shall be given: (A) Personally to the owner in writing; (B) By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (C) If personal service cannot be obtained or the owner's address is unknown: (i) By publication at least once; Page 4 of 8 (ii) By posting notice on or near the front door of each building on the property to which the violation relates; or (iii) By posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (2) Any notice forwarded to the owner by mail as provided in subsection (b)(1)(B) and returned by the United States Postal Service as "refused" or "unclaimed" shall not affect the validity of the notice, and the notice shall be considered as delivered. (c) Contents of notice. The notice shall contain: (1) The name and address of the record owner; (2) An identification, which is not required to be a legal description, of the property upon which the violation is located; (3) A statement in conformance with V.T.C.A., Local Government Code section 54.005 affording a former property owner the opportunity, by sworn affidavit, to disavow current ownership and responsibility for the property; (4) A statement describing the violation and the work necessary to correct the violation; (5) A statement that the owner may, within five (5) days of the date of the notice of a violation, submit a written request to the appropriate person named in the notice for an hearing before the Gity m .-ager BuildigLnand Standards _q Commission to contest whether the violation exists; and (6) A statement that the city may, at any time after the expiration of seven (7) days from the mailing of the notice, file a criminal misdemeanor complaint in municipal court with a maximum fine in accordance with the general penalty provided in section 1.01.009 for each day the violation exists, in addition to or in lieu of any other remedy provided by law. (d) Hearing. If a written request is received according to subsection (c)(5), an-i-Rf-ern=a-a-I hearing shall be held before the Building_gndStandards Commission City Manager eF his designee. Unless the owner requests and is granted an immediate hearing and waives the right to notice, notice of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the Building acid standards Commission Gity manager or his desig-nee may consider all facts relating to the existence of a violation. After the hearing, the e4y4�Ra� 9F-��may determine that a violation requiring abatement does or does not exist gnd,Jifh e _t Commission determines a violation_ exists. issue orders re abatement of said violation or 71 _olafion�___' Sec. 4.04.005 Violations; penalty; inspections (a) Each individual violation of this article is hereby declared a class C misdemeanor prosecutable in the municipal court of the city, and upon adjudication of guilt thereof, any occupant, lessee, owner, lessor, agent or other person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be assessed a fine for each offense in accordance with the provisions of section 1.01.009. Each day that a violation is permitted to exist Page 5 of 8 shall be deemed a separate offense for which a separate fine may be assessed. Appeals from the municipal court shall be taken in the same manner as appeals from all other judgments of that court. Violations of this article are strict liability offenses subject to the defenses to prosecution set forth in this section. (b) Upon conviction or deferred disposition, the property upon which the violation or violations occurred and which is the subject of the municipal court case shall be subject to inspection by city inspectors for a period of twenty-four (24) months after the date of conviction or the entry into an agreement for deferred disposition to determine that the property is in compliance with this article. The property owner shall be assessed a fee as set forth in the fee schedule in appendix A of this code for each such inspection. (c) These inspections authorized in this article shall be at the discretion of city code inspectors. Code inspectors shall give reasonable notice to the owner and the residents of the property, and efforts will be made to coordinate dates and times of inspections with the owners and/or occupants. Failure of the owner or occupant to make the property available for inspection will constitute a separate violation of this article, and any violations discovered during such inspections will be separate violations as well. Convictions and/or deferred dispositions on new violations discovered during any twenty-four (24) month inspection period will result in a new twenty-four (24) month period during which the owner or occupant must make the property available for inspection. (d) (1) It shall be a defense to prosecution under this article that: (A) The occupant or tenant of residential rental property failed to give the owner reasonable notice of a violation of this article prior to the city's sending a violation notice to the owner; and (B) The violation is corrected by no later than three (3) days prior to trial on the violation to the court or no later than ten (10) days prior to trial on the violation to a jury. (2) For the purposes of this subsection, a reasonable notice from the occupant or tenant to the owner shall be twenty-four (24) hours in the case of a life- or health -threatening condition such as arcing electricity or non-functioning plumbing and five (5) business days in the event of non -health- or life-threatening conditions. (e) It shall be a defense to prosecution under this article that a residential rental property lacks functioning water and sewer service if the reason for that failure is that an occupant or tenant has failed to pay a utility bill, provided that the property otherwise complies with section 4.04.003(3). (1y I residential rental unit in a listoric vedU District shall be rented unW it has been re 1 se re 6r1i i accordance w the_provisions of this section. Page 6 of 8 other similar units which are owned or gpgEgjgd_hKjD_�!qgncv or local unit of government. INIUSAMMUMNIMP tuna for such MI MM and shall soecificallv reauire the followinq minimum information: (1) Name, caddrgss, and phone number of the proggjjMM� the Lamar CountY--Amgiag!-Mi�� number of the [gnjgLg[gpgg�L Qj eM���njbtjgnt (4) The naMnp, . _phone number, and address of the person authorized to make or order repairs or services made to the e iDerson is different than the owner or local administrator. LAI N M MA 461. USH "0 effoils will be made to coordinate dates and times of insoections with the owners and/or occ!4pgjnts. M %60 11 MI MO application will be reguired. �y C±L Council. Page 7 of 8 bv state law. It ts of this Article. An registration issued under this section is subiect to the right, which is hereb reserved bv the citv, to susDend, revoke, or fail to renew the same should the re istration hold or t te, or maintai the rental dwelli rdinance, of the cit of a soecial oermit issued bv the citv, or the laws of the state. Provided however re istration sh not be susoended, revoked, or failed to be renewed if the reoistration holder comolies with cornioliance order or orders in a timelv manner. his or her r has been denied or the reoistration holder that his or her reqistration is bein sus ende removed, or not renewed. T the date of the order or at such later date as set out in the order. The notice shall be served ma r and the desionated local oroDe administrator, if anv, as indicated in the records on file with the city. istration holder41 administrator shall have the right to reguest a hean before the Buildina and Standards Commission by fi [ig a written appeal from the order at th office of the Citv Manaaer's or designee as set forth in jtthjigs� �ch� (5) The decision of the BUilding and Standards Commission may be aDoealed by tLq re istrati —gistrati holder bv filino an ameal or an worooriate writ with the District Court within thi the date of the order of the Buildina and Standards Commission, Page 8 of 8 Additions to the text are underlined in ._Deletions to the text are st���r rid -in ARTICLE 4.05 VACANT BUILDINGS Sec. 4.05.001 Purpose There are hereby adopted rules and regulations regarding vacant structures in Historic Overly, Districts Nos. t through 1and any other historic overlaydistri as mm y subse gently be iG Overly dnate tl/ecit courmoil. � j i /^ F`w'1'JtP• J�-4r 'c�1'I7"R—)� G:IITC'�nC rl ie+bri nb ic+ rinf"fiTR�..�ft ��—u-'1'i y—�vc�d4Xv�f �A' Pner^ W i u de-&� ' Qfdk4anGe No. 2.0�� This article shall be known and may be cited as the vacant building regulations. Sec. 4.05.002 Definitions 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 Overlay Districts and Landmarks. Located as adopted and described in the city zoning ordinance, as amended, and as more particularly described as Historic Overly Districts Nos. 1 throw h 15 as well gs an _o&er histories c?verla district as mgy e subseruenti' deSiqnated ryhe City noil.. + �3t -� Historic landmark. An individual structure or property that has been designated as such through approved means by city council, state or federal authority. 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 occu ied incl d'in but is riot iimited to commercial buildings o en to the ublic re identiai s uctures not lived in structures bein used soie9y Torr sora e ofronal ro ert ro erties which do not have an Page 1 of 6 active account for service of one or more util'oties includin water sewer and trash electric and as service as evidenced b active meter servioe to the ro ert . Sec. 4.05.003 Applicability; administration (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 the gowAtewp a44 gLny Historic Overlay District (otherwise known as Historic Overlay Districts No. 1 thru 1„,nd n othe,� ut�se unt_dustriots which r�oa be added followin the effective date of this ordinance e- " --V" 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. Sec. 4.05.004 Registration required (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 listln shall not extend the registration re aired under this section for renter than one hundred twpnt 120 da s from the first date of such initial Vustur� (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. Page 2 of 6 (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. Sec. 4.05.005 Registration fee 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 31 of each year. Sec. 4.05.006 Property manager or agent (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. Sec. 4.05.007 d Int rnationalr �imItenance Code The 2021 international Property Maintenance :ode as ado ted in Ailicle 4.013 Di 0 Sections 4.02.230 et se as amended shaiV a l to aVB vacant structures located in Historic venaistr�ct irr_ p,. i y� Page 3 of 6 RHISFIR .. Page 4 of 6 ION wr � fir. M',r r+ ON' rt ,� r r ,� � ,.. # , r «.. ,r : .. ^'.i r ,�. ,r'. '` 4.05.008 Fee waivers 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 Page 5of6 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 lamer re r s ntatiy obtains a buildin ermit for correction of arra_code vioiationjsL or remodelin of the struoture said ermit for corrections and work slab be continuous for thepLq rises as evidenced bion -going work and in e tions of the ro ert . If not saidermit shalt deemed gs ex i red within six (6) months from the issu n eL,iu h errr�it or halting of such permitted work. This shall render thero rt a s re aired to com Sete and continued vacant structure re istration status and a meat of feed rare aired under this section. Sec. 4.05.009 Financial assistance in certain cases 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) Lia Sec. 4.05.010 Enforcement; penalty (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. Page 6 of 6 I�l11:3YII I] Appendix A Sec. A3.004 Registration of vacant building Vacant structure property owners subject to article 4.05 shall tender an annual registration and inspection fee of five hundred dollars ($500.00) for each vacant property after the initial partial year of registration, for which no fee shall be due. Subsequent annual registration fees shall increase by fifty dollars ($50.00) per year of registration. Vacant structure praperty owner. sub"ect to article 4.04 esidential rental propep ties is Histo hundred flLdollars t$250.ORLafter the initial aerial j of registration for which no fee shall bQ ague. Subse �uent�annuan registration .Les due ropktLtig, ub 11 increase we-nty-fJve--doIlars-(?5 QO-) car --JoiLp -s-5 — Q�L&'q J