CITY OF
ORDINANCE NO. 1979
AN
ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF
WHEREAS, it has come to
the attention of the Mayor and Council that some vacant dwellings create safety
hazards in the City;
WHEREAS, the City
Council desires to enact an administrative procedure requiring the registration
of vacant dwellings and establishing penalties for owners who fail or refuse to
register properties;
NOW, THEREFORE, be it
enacted and ordained by the City Council of the City of
1. That Chapter 15.25 of the
Chapter
15.25
Vacant
dwelling
Sections:
15.25.010 Scope
15.25.020 Purpose
15.25.030 Definitions
15.25.040 Vacant Dwelling Registration
15.25.050 Failure to
Register
15.25.060 Transfer
15.25.070 Appeals procedures
15.25.080 Violations-penalties
15.25.010 Scope
The provisions of this chapter govern
dwellings located within the city of
15.25.020 Purpose
The purpose of this chapter is to protect
the public health and safety and the general welfare of the citizens of the
City of Salisbury and to assist the City government in monitoring the number of
vacant dwellings in the City to assess the effects of the condition of those
dwellings on nearby businesses and the neighborhoods in which they are located,
particularly in light of fire safety hazards and unlawful, temporary occupancy
by transients, including illicit drug users and traffickers, and to require of
the owners of such vacant dwellings their registration and the payment of
related fees, and to promote substantial efforts to rehabilitate such vacant
dwellings.
15.25.030 Definitions
The following definitions shall be used in
the construction and interpretation of this chapter:
“Director” means the Director of the Department
of Neighborhood Services and Code Compliance.
“Occupied.” A dwelling shall be deemed to
be occupied if one or more persons actually reside in all or any part of the
dwelling as the legal or equitable owner/occupant(s) or tenant(s) on a
permanent, nontransient basis. For
purposes of this section, evidence offered to prove that a building is occupied
may include, but shall not be limited to, the regular receipt of delivery of
regular mail through the U.S. Postal Service; proof of continual telephone, electric,
gas, heating, water and sewer services; or the most recent, federal, state, or
city income tax statements indicating that the subject property is the official
residence address of the person or business claiming occupancy.
“Owner” has the meaning set forth in
Section 15.24.030 herein.
“Person” means any individual, partnership,
firm, corporation, association or other legal entity of whatsoever kind and
nature.
“Vacant” means no person or persons
actually, currently conduct a lawfully licensed business, or lawfully reside or
live in any part of the building as the legal or equitable owner(s) or
tenant-occupant(s), or owner-occupants, or tenant(s) on a permanent,
nontransient basis.
15.25.040 Vacant Dwelling Registration
A. Applicability. The requirements of this section shall be
applicable to each owner of a dwelling
that shall have been vacant for more than 45 consecutive days.
B. Registration. Each such owner of a vacant dwelling shall
file a registration form with the Department of Neighborhood Services and Code
Compliance. The registration form shall
include the street address of each such vacant dwelling, the names and
addresses of all owners, as hereinafter described, and any other information
deemed necessary by the Department of Neighborhood Services and Code
Compliance. The registration fee(s) as
required by sub-section (3) of this section shall be billed by the Department
of Neighborhood Services and Code Compliance and shall be paid by January 1 of
each year.
1. If the owner is a corporation, the registration statement
shall provide the names and residence addresses of all officers and directors
of the corporation;
2. If an estate, the name and business address of the
personal representative of the estate;
3. If a trust, the name and address of all trustees,
grantors, and beneficiaries;
4. If a partnership, the names and residence addresses of all
partners with an interest of ten percent or greater;
5. If any other form of unincorporated association, the names
and residence addresses of all principals with an interest of ten percent or
greater;
6. If an individual person, the name and address of that
individual person.
7. If none of the persons listed in paragraphs 1 through 6
hereinabove has an address in this State, the registration statement also shall
provide the name and address of a person who resides within the state and who
is authorized to accept service of process on behalf of the owner(s) and who
shall be designated as a responsible, local party or agent, both for purposes
of notification in the event of an emergency affecting the public health,
safety or welfare and as herein authorized and in connection herewith.
C. Registration Fees.
1. The fees for registration of vacant
dwellings shall be determined based on the following scale:
(a) No
fee for properties that are vacant for less than one yare;
(b) $500.00
for properties that are vacant for at least one year but less than two years.
(c) $1,000.00
for properties that are vacant for at least two years but less than three
years.
(d) $2,000.00
for properties that are vacant for at least three years but less than five years.
(e) $3,500.00
for properties that are vacant for least five years but less than ten years,
and
(f) $5,000.00
for properties that are vacant for at least ten years, plus an additional
$500.00 for each year in excess of ten years.
15.25.050 Failure to Register
A. Failure to timely
register a vacant dwelling pursuant to this chapter shall result in the
issuance of a nonregistration fee as adopted by resolution of the council from
time to time. The Department of
Neighborhood Services and Code Compliance shall issue a notice to the owner
advising him of the requirements of this chapter and the fees due as of the
date of the notice.
B. If the full amount of
any fees due to the City is not paid by the owner within 30 days after billing,
the Director shall cause to be recorded in the Finance Department the amount of
fees due and owing, and such amount will be carried on the records of the City
of Salisbury and shall be collectible in the same manner as real estate taxes
are collected.
15.26.060 Transfer
To transfer a vacant dwelling registration
from one property owner to another, the owner shall give written notice,
including the name and address of the transferee to the Department of
Neighborhood Services and Code Compliance at least 48 hours prior to any
transfer of the registered property. The
transferee must make application to the Department of Neighborhood Services and
Code Compliance and pay the required fee for a transfer of a registration
within 30 days of the transfer of the property.
Failure to make application within the specified time limit will result
in the automatic forfeiture of the registration, and the new owner shall be
subject to all of the sanctions provided in this chapter.
15.25.070 Appeals procedure
A. Any person wishing to appeal a determination of the Department of
Neighborhood Services and Code Compliance shall file a written notice of appeal
with the Director within 21 days after the Department’s action. The notice shall contain a statement of the
grounds for the appeal. The notice of
appeal shall be accompanied by a fee of one hundred dollars ($100.00).
B. The Director shall
refer the appeal to the Housing Board of Adjustments and Appeals. The Board shall meet monthly, or more
frequently at the call of the chair, to hear appeals. The board shall notify the owner in writing
of the time and place of the hearing.
C. When hearing appeals
under this Chapter, the Board shall follow the procedures set forth in Chapter
15.24 of the
15.25.080 Violations-penalties
A. Any
person found in violation of the provisions of this chapter shall be guilty of
a municipal infraction and shall be subject to a fine not to exceed five
hundred dollars ($500) per violation.
Each day a violation remains uncorrected is a separate violation subject
to an additional citation and fine.
2. That
Chapter 15.24, Article VII, be amended as set forth below:
Article VII Vacated
Vacant Dwellings and Land
A. All vacant structures, premises and
vacant land shall be maintained in a clean, safe, secure and sanitary
condition, to prevent blighted conditions or an adverse impact on public
health, or safety.
B. No structure caused to be vacant by
virtue of noncompliance with the provisions of this code shall be used again
for human habitation without first obtaining a certificate of occupancy from
the building official. No noncomplying structure may be left vacant longer than
six months. The city may at that time exercise condemnation and/or demolition.
The cost or expense shall be assessed as a lien on the property and shall be
entered on the tax records kept by the city treasurer and shall be collectible
as are taxes.
C. Each exterior door, window and
opening of any vacant dwelling shall be firmly secured and locked. Should a
structure become accessible and/or a nuisance by virtue of having windows or
doors repeatedly left opened and/or unlocked, they shall be firmly secured by
covering the opening with plywood or other approved material. Approved material
used to cover unsecured openings shall fit the openings squarely, and shall be
surface coated to match the exterior house trim. No structure shall be
permitted to be boarded up for any period of time in excess of six months
unless fully justified by the owner in writing to the building official stating
why and for what period of time the structure should be permitted to remain
boarded up. Any structure condemned in accordance with Section 15.24.280, which
has been boarded up for a period of time exceeding six months, and has not been
justified by the owner in writing to the building official, may be issued a one
hundred dollar ($100.00) citation for the first day of noncompliance and a two
hundred dollar ($200.00) citation for each day thereafter that the violation
continues. (Ord. 1795 (part), 2001; Ord. 1665 Exh. A (part), 1997)
3. That Section 15.24.490 be amended as
set forth below:
Section 15.24.490 General definitions.
Vacated Dwelling. Any
dwelling or dwelling unit vacated or caused to be vacated of noncompliance with
or enforcement of the provisions of this code.
AND BE IT
FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF
THIS ORDINANCE
was introduced and read at a meeting of the Council of the City of Salisbury
held on the ____ day of ________, 2005, and having been published as required
by law, in the meantime, was finally passed by the Council on the _____ day of
_________, 2005.
_________________________ _________________________
Brenda J. Colegrove, City Clerk Michael P. Dunn,
President of the Council of
the City of
Approved by me, this
________
day of
______________, 2005.
__________________________
Mayor of the City of