Staff recommends approval of the ordinance.

The City has been dealing with an increasing number of vacant commercial and residential structures.  These buildings that remain vacant for an extended period of time is an invitation for illegal activities and a potential fire hazard.  Unkempt grounds surrounding unoccupied buildings invite dumping which leads to those buildings become dilapidated and contribute to commercial and residential blight.  These buildings require additional services from the City, endanger the public safety and health, and generally remain detriment in the community.  This ordinance would enact a Vacant Structure Registration Program that requires property owners of vacant structures to register their property with the City.  The ordinance outlines the program and the registration and maintenance requirements. 

Over the last couple years, the City has been challenged with dealing with the increase in the number of vacant commercial and residential buildings.  These structures are unsightly and have a negative effect on the community, can cause a deterioration of neighborhoods and areas within the city, can have a negative impact on the value of property in close proximity to these buildings, can cause a serious threat to the safety and welfare of the residents of the City, can erode the quality of life of all who live and work in the City, can be places of infestations of rodents, vermin, and insects, and can provide shelter to individuals to conduct illicit activities as well as being an attractive nuisance.

In many cases, the building is under-utilized in that it does not economically perform as a commercial or residential structure would in generating income for the business/property owner so it is left vacant.  Conversely, some property owners may also purposely maintain the vacant status of their buildings to report lost revenue and decrease their personal tax liabilities.

Properties that are vacant over time suffer from deferred maintenance, which can lead to problems with the building’s roof, foundation, electrical, plumbing, and HVAC systems. Under such conditions, buildings become dilapidated and irreparable and can be declared unsafe or dangerous.  Currently there are 220 dangerous building and 73 unsafe building cases, both of these numbers are up significantly in the last year; in 2019 there were 135 dangerous building and 34 unsafe building cases.  In addition to these cases, there is an unknown number of vacant residential and commercial buildings that require code enforcement action but don’t meet the criteria in our existing unsafe and dangerous building ordinances.

In addition to increasing number of unsafe and dangerous building cases, staff has seen a couple alarming trends.  Staff has seen an increase in the number property owners who habitually don’t maintain their property; instead these property owners rely on the City to abate their property through the code enforcement process.  Additionally, staff has seen an increase in the number of record requests by investors looking for residential properties with open code violations for 6 months.

So far our regulations and enforcement actions have had limited success in motivating property owners to do something with their vacant properties, but the number of properties that need to be addressed keeps increasing.  The City has extremely limited resources to abate code violations and demolish dangerous structures  Legal mechanisms haven’t worked either – been too slow and ineffective – to get the desired outcomes.

As a response, Staff proposes a Vacant Structure Registration Program to help address these challenges and to supplement our code enforcement action.

The purpose of the program is to identify, register and monitor such properties and to set forth the responsibility of all persons with any interest in such properties to speed the rehabilitation and re-occupation of such properties.

Property owners of vacant, unsafe, and dangerous buildings must register within 14 days.  The registration involves gathering contact information for all persons responsible for the property, granting the City permission to access to all exterior areas, a statement of intent outlining expected period of vacancy, a plan for regular maintenance, a plan to ensure the structure will be kept weather tight and secure from trespassers, a list of persons authorized to be on the property, and a notice of trespass authorizing the arrest of individuals not authorized to be on the property.  It also requires a local authorized representative to be located within a fifty (50) mile radius of the City of Independence to be contacted to address any issues on the property.

The Owner, within fourteen (14) calendar days of registering the property, would be required to:

·         Remove all combustible materials from the structure in compliance with the applicable fire regulations; and

·         Remove all waste, rubbish or debris from the interior and exterior of the structure; and

·         Remove all excessive vegetation, including grass in excess of twelve (12) inches from the yard(s) surrounding the vacant structure in accordance with City ordinances; and

·         Secure all windows, doors, and other openings in the structure to prohibit entry by unauthorized persons as provided in Chapter 4.

The registration fees are paid by the property owner.  The fees vary depending on whether the structure is residential or multi-family/commercial.  The 6-month fee ranges from $350 for residential to $500 for multi-family and commercial.  The fee increases the longer the structure remains vacant.  All fees are required to be paid; if the property owner does not pay the fee, a lien will be placed on the property.

The owner must keep this information updated and must renew the registration every 6 months (including paying the registration fee).  Once the structure has been occupied and the appropriate fees paid, the property can be removed from the registry.

The Vacant Property Registration Program requires maintenance to a certain standard.  The property and structure must:

·         Be in compliance with our property maintenance code;

·         Replace dead landscaping in accordance with the UDO;

·         Remove or screen dumpsters in accordance with the UDO;

·         Remove all signage and sign structures;

·         Pools, spas, and other water features shall be kept in working order so that water remains clear and free of pollutants and debris, or drained and kept dry and free of debris;

·         Keep all fire protection systems intact and functioning. Any registered owner wishing to disconnect the systems, must provide notification to Community Development, Fire Department and Police Department and ensure that the building no longer contains any materials or fire load beyond the structure itself.

·         Any disconnected or discontinued fire protection systems will be required to be brought up to current City adopted fire code.

·          Be maintained in a weather-tight and secure manner so as not to be accessible to unauthorized persons.  Boarding opening can only be temporary.  Broken windows must be replaced.

These properties will receive regular proactive inspections to ensure compliance with the Program maintenance requirements.

Additionally, this ordinance makes an amendment to the Dangerous Building and Unsafe Building sections of Chapter 4 to make those buildings subject to the Vacant Structure Registration requirements.