HomeMy WebLinkAbout20110404 - VIII-C-2
City Council Memorandum To: Mayor Hicks & City Councilmembers From: David M. Osberg, City Administrator Date: March 31, 2011 Item: Vacant Buildings Registration Ordinance Council Action
Requested: It is the recommendation of the Administrative Committee (not necessarily unanimous on all aspects of the Ordinance) that the full City Council take action approving the first
reading of the attached "Ordinance of the City of Hastings Establishing Registration and Regulations Standards for Vacant Buildings" and to schedule a public hearing and second reading
for the April 18, 2011 City Council meeting. Background Information: Throughout the last several years there has been a considerable increase in the number of vacant buildings in the
City of Hastings,whether they be actual foreclosed properties or simply properties vacant due to a downturn in the economy. During the course of the discussions on the 2011 Budget, there
was direction given for the Staff to develop an ordinance that would attempt to address the situation and to also recognize the additional staff resources that are used to monitor vacant
properties. Throughout the last several months, the Administrative Committee has conducted three meetings to review the Ordinance establishing Registration and Regulation Standards.
As the City Council reviews the contents of the attached ordinance, Staff would draw your attention to the following key elements of the Ordinance: The purpose of the ordinance is to
assure identification of the vacant properties from a public safety perspective, as well as to establish resposibilities for the owners. In addition, the ordinance will outline administrative
and enforcement parameters. The Council is also encouraged to review closely the definition of vacant buildings, as this provides the foundation for those buildings that will be impacted
by the ordinance. In particular, any building that is vacant for 30 days or more will be required to register. Staff has also attached a copy of the registration form, which clearly
identifies the information required for submittal to the City. Section (2) of the ordinance describes the information that must be submitted in the property plan, illustrating the means
in which the property will be properly maintained. Properties damaged by fire and "Seasonal Occupants" (Snowbirds) are exempt from the
registration requirement. Staff has also attached a form that illustrates the check list items for basic safety inspections for vacant buildings and homes. While the actual setting of
the fees is done by a separate ordinance, the City Council may note on the attached registration form the recommended fees. For vacant property fees for single family and up to 4 units,
the initial annual registration fee is $400.00, and an annual registration fee of $200.00 thereafter. For vacant buildings with 4 or more living units and commercial buildings, the initial
registration fee is $500.00 and the annual renewal fee is $250.00 thereafter. Financial Impact: The 2011 Budget includes an estimate of $7,500 in revenue from the vacant building registration
ordinance. Advisory Commission Discussion: Council Committee Discussion: Administrative Committee meetings were conducted on January 27, 2011; February 22, 2011 and March 23, 2011. Attachments:
• An Ordinance of the City of Hastings Establishing Registration and Regulation Standards for Vacant Buildings • Vacant Building Registration Form • Basic Safety Inspections for Vacant
Buildings/Homes Checklist
CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2011-___, THIRD SERIES An Ordinance of the City of Hastings Establishing Registration and Regulation Standards for Vacant Buildings BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 95 IS HEREBY AMENDED AND SECTION 95.05 IS ADDED AS FOLLOWS: § 95.05 REGISTRATION AND REGULATION OF VACANT BUILDINGS
(A) Policy and Purpose. The purpose of this ordinance is to protect the public health, safety, and welfare by establishing a program for the identification and regulation of vacant buildings
within the City; to establish the responsibilities of owners of vacant buildings; and to provide for administration, enforcement, and penalties associated with the same. (B) Findings
of Fact. Vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible party of the building fails
to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Vacant buildings may attract transients, homeless people, trespassers, and
criminals. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates risks of fire, explosion, or flooding for the vacant building and adjacent
properties. Vacant properties may be used as dumping grounds for junk and debris and may become overgrown with weeds and grass. Vacant buildings that are boarded up to prevent entry
by transients and other long-term vacancies discourage economic development and impede appreciation of property values. There is a substantial cost to the City for monitoring vacant
buildings whether or not those buildings are boarded up. This cost should not be borne by the general taxpayers of the community but rather these costs should be borne by those who choose
to leave their buildings vacant. (C) Definitions. For the purpose of this section, the following words and terms shall have the meanings set forth in this subsection except where the
context clearly indicates that a different meaning is intended: BUILDING. A structure suitable for human shelter, a commercial structure that is maintained for business activities that
involve human occupation, any portion of such structures, or the real property on which the structure is located. CODE OR CITY CODE. The ordinances of the City of Hastings, as amended
from time to time, including all international and Minnesota State building and fire codes that have been adopted by reference, and incorporated into, the ordinances of the City of Hastings.
COMPLIANCE OFFICIAL. The Building Official for the City of Hastings, or his/her designee. OWNER. The person(s) in whose name or names the ownership of a building is recorded with the
Dakota County Department of Property Taxation for taxation purposes. An
owner also means any person, partnership, association, corporation, or fiduciary having legal or equitable title or any interest in the property or building. This includes any partner,
officer, or director of any partnership, corporation, association or other legally-constituted business entity. All owners shall have joint and several obligations for compliance with
the provisions of this section of the City Code. RESPONSIBLE PARTY. An owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority
over the building or real property upon which the building is located. Responsible party may include, but is not limited to, a realtor, service provider, mortgagee, leasing agent, management
company or similar person or entity. UNOCCUPIED. A building which is not being used for a legal occupancy. UNSAFE STRUCTURES. A structure that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. UNSECURED.
A building or portion of a building that is open to entry by unauthorized persons without the use of tools. VACANT BUILDING. A building other than a building being constructed pursuant
to a valid building permit that is: (a) Unoccupied and unsecured for (5) days or more; (b) Unoccupied for thirty (30) days or more; (c) Unoccupied and an unsafe structure; (d) Unoccupied
and posted for no occupancy or unfit for human habitation; or (e) Condemned and illegally occupied. (D) Vacant Building Registration. (1) Application. The owner or responsible party
must register a vacant building with the City no later than thirty (30) days after the building becomes vacant. The registration must be submitted on a form provided by the City City
and shall include the following information: (a) The Dakota County tax parcel identification number and street address of the premises on which the building is situated; (b) A description
of the premises, including the common address of the property; (c) The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan
and timetable for returning the building to appropriate occupancy or use and for correcting any Code violations and nuisances; or for demolition of the building; (d) The status of water,
sewer, natural gas and electric utilities; (e) The names, addresses, telephone numbers, and email addresses, if applicable, of all known lien holders and all other parties with any legal
interest in the building; and (f) The name, address, telephone number, and email address, if applicable, of a local agent or person responsible for managing or maintaining the property.
The owner must notify the Compliance Official of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. (2) Property Plan.
The property plan must meet the following requirements: (a) General Provisions. The plan must comply with all applicable regulations in the City Code and meet the approval of the Compliance
Official. It must contain a timetable regarding use or demolition of the property. (b) Maintenance of Building. The plan must identify the means and timetable for addressing all maintenance
and nuisance-related items identified in the application. Any repairs, improvements or alterations to the property must comply with the applicable City Codes, including applicable building
and fire codes and City regulations. (c) Plan Changes. If the property plan or timetable for the vacant building is revised in any way, the revisions must meet with the approval of the
Compliance Official. (3) Non-compliance and Notification. If the owner does not comply with the property plan or maintain or correct nuisance items, the City may commence abatement and
recover its costs for correction of those items in any manner authorized by law, including certification of the costs against the property in accordance with the process set forth in
Minn. Stat. Chapter 429. In the case of an absent owner and ongoing nuisance items, the City need not provide notice of each abatement act to the owner. A single notice by the City to
the owner that it intends to provide ongoing abatement until the owner corrects the items will be sufficient notice. (4) Exemptions. (a) Fire Damage. A building that has suffered fire
damage is exempt from the registration requirement for a period of ninety (90) days after the date of the fire if the owner submits a request for exemption in writing to the Compliance
Official. A request for exemption must be approved by the Compliance Official and include the following information supplied by the owner: (i) A description of the premises including
the street address and the Dakota County tax parcel identification number; (ii) The name and address of owner(s); (iii) A statement of intent to repair and reoccupy the building in an
expeditious manner and the estimated time frame for completion; (iv) Actions the owner will take to ensure the property does not become a public nuisance. (b) Seasonal Occupants (“Snowbirds”).
Property owners who vacate their primary residence on a temporary basis for vacation purposes or who reside elsewhere during a specific season and who have the intent to return and occupy
the residence are exempt from the registration requirements.
(5) Fees. The owner must pay an annual registration fee for each vacant building. The registration fee will be in an amount adopted by ordinance by the City Council. The amount of the
registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the City in monitoring and inspecting
the vacant building. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit, and must accompany the vacant
building registration application. (6) Waiver of Fee. The registration fee may be waived if the owner or responsible party has paid all prior registration fees and all other financial
obligations and debts owed to the City that are associated with the vacant building and demonstrates, to the satisfaction of the Compliance Official: (a) that the building is re-occupied,
with the exception of demolition, within a period of time deemed reasonable to the Compliance Official; and either (b) or (c) below apply: (b) that he or she is in the process of demolition,
rehabilitation, or other substantial repair of the vacant building; or (c) that he or she has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building
in a period of time that is deemed reasonable to the Compliance Official. (7) Assessment. If the registration fee or any portion is not paid within 60 days after billing, or within 60
days after any appeal becomes final, the City Council may certify the unpaid cost, plus applicable late fees, against the vacant building property in accordance with the process set
forth in Minn. Stat. Chapter 429. (8) Issuance of Permit. Upon completion of the registration process and payment of the fee, the City will issue a Vacant Building Permit to the owner.
The owner must securely post the permit on the vacant building, if possible, on a side entrance door that is not generally visible from the public street. If no side entrance door is
available, the permit must be securely posted on another available entrance door. If the property is abandoned or the owner or responsible party fails to complete the registration process,
the vacant building will be administratively registered as a vacant building and the associated costs assessed against the vacant building property in accordance with the process set
forth in Minn. Stat. Chapter 429. (E) Change of Ownership. A new owner(s) must register or re-register a vacant building under this section within fifteen (15) days after any transfer
of an ownership interest in a vacant building. The new owner(s) must comply with the approved property plan and timetable submitted by the previous owner unless and until a new property
plan is approved by the Compliance Official. Any proposed changes in the property plan must be submitted to and approved by the Compliance Official. (F) Inspections. The Compliance Official
may inspect any vacant building in the City for the purpose of enforcing and assuring compliance with Chapters 155 through 158, inclusive, and other applicable regulations. Upon the
request of the Compliance Official, an owner or responsible party must provide access to all interior portions of the
vacant building and the exterior of the property to complete an inspection. Once a vacant building is registered and the property plan is approved by the Compliance Official, an initial
inspection of the property will be performed by the City with the property owner or responsible party present. If the owner or responsible party is not available to provide access to
the interior of the building, the City may use any legal means to gain entrance to the vacant building for inspection purposes. If the initial inspection reveals any violations of applicable
City Codes (including applicable building and fire codes and City regulations), the Compliance Official shall issue to the owner or responsible party notice of orders to repair or mitigate
the violations setting forth a reasonable amount of time for the corrective action to be completed. The Compliance Official shall ensure by additional inspection or other means that
all corrective action has been completed within the required time. Prior to any re-occupancy, a vacant building must be inspected by the City and found to be in compliance with all applicable
sections of the City Code and all other applicable regulations. All application and re-inspection fees must also be paid prior to any re-occupancy of the building. All such fees shall
be set by ordinance by the City Council. (G) Maintenance of Vacant Buildings. The owner must comply with and address the following items in the property plan: (1) Appearance. All vacant
buildings must be so maintained and kept so that they appear from the exterior to be occupied. (2) Securing. All vacant buildings must be secured from outside entry by unauthorized persons
or pests. Security must be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall
be at least one operable door into every vacant building and into each housing unit. Exterior walls and roofs must remain intact without holes. (a) Architectural (Cosmetic) Structural
Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the vacant building.
Architectural panels may be of exterior gradefinished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material
such as plexi-glass to simulate windows. (b) Temporary Securing. Untreated plywood or similar structural panels or temporary construction fencing may be used only to secure windows,
doors and other openings for a maximum period of 14 days. (c) Optional Methods of Securing. With prior approval of the Compliance Official, artistic options may be utilized to secure
a vacant building. (d) Emergency Securing. The Compliance Official may take steps to immediately secure a vacant building at his or her discretion in emergency circumstances.
(3) Fire Safety. (a) Fire protection systems. The owner of non-residential vacant buildings must maintain all fire protection systems, appliances and assemblies in operating condition
and maintain monitoring of all systems as required by City Code. All systems must be registered with the City as required. (b) Removal of hazardous and combustible materials. The owner
of any vacant building, or vacant portion thereof, must remove all hazardous and combustible material and hazardous refuse as those terms are defined by the Minnesota State Fire Code,
and any materials or refuse which, in the opinion of the Fire Marshall, the Compliance Official, or their designees, may constitute a fire hazard, contribute to the spread of fire, or
create threats or hazards to life, safety or health. (4) Plumbing fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural
gas utility system must be installed in accordance with applicable City Codes including building and fire codes and be maintained in sound condition and good repair or removed and the
service terminated in the manner prescribed by applicable Codes. (5) Electrical. Electrical service lines, wiring, outlets or fixtures must be installed in accordance with applicable
Codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable Code. (6) Lighting. All exterior lighting fixtures
must be maintained in good repair, and illumination must be provided to the vacant building and all walkways in the same manner as provided at the time the vacant building was last occupied
or as otherwise provided in the approved property plan. (7) Heating. Heating facilities or heating equipment in vacant buildings must be removed, rendered inoperable, or maintained in
accordance with applicable Codes. (8) Termination of utilities. The Compliance Official may require that water, sewer, electricity, or gas service to the vacant building be terminated
or disconnected. Prior to the termination of any utility service, written notice must be given to the owner. No utility may be restored until consent is given by the Compliance Official.
Utilities may be discontinued at the request of the owner or responsible party as part of the approved property plan and must be communicated to the Compliance Officer. The Compliance
Official may authorize immediate termination of utilities at his or her discretion in emergency circumstances. (9) Signage. Obsolete or unused exterior signs and installation hardware
must be removed. Holes and penetrations must be properly patched and painted to match the building. Surfaces beneath the signs that do not match the vacant building must be repaired,
resurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs must be maintained in good condition and in
compliance with Chapter 155 of the City Code. Auction signs or attention-getting devices, if permitted by City Code, may be placed on a vacant building property for no more than fourteen
(14) consecutive days prior to the auction date and must be removed within three (3) days following the auction. (10) Exterior maintenance. The owner must comply with all applicable
property maintenance regulations and City Codes including, but not limited to, the following: (a) Public nuisances. The owner must eliminate any activity on the property that constitutes
a public nuisance as defined by Chapter 95 or other provisions of the City Code, including but not limited to the removal of snow and ice from sidewalks. (b) Grass and weeds. Weeds or
grass must be no greater than twelve (12) inches in height and all noxious weeds must be removed. (c) Exterior structure maintenance. The owner must maintain the vacant building in compliance
with Chapters 155 through 158, inclusive, of the City Code as determined to be necessary by the Compliance Official. (d) Abandoned or junk vehicles. The owner must remove abandoned and
junk vehicles from the vacant building property. The City may impound such vehicles consistent with the requirements in Chapters 32 and 158 of the City Code. (f) Animals. The owner must
ensure that all animals are removed from the vacant building property and handled in a humane manner. (g) Diseased, dead or hazardous trees. The owner must remove diseased, dead or hazardous
trees or branches from the vacant building property in accordance with Chapters 95 and 158 of the City Code. (h) Graffiti. The owner must remove all graffiti from the vacant building
property. (i) Abandoned pools. Swimming pools must be maintained in good operating condition; treated to prevent pest harborage; or properly drained and emptied. (11) Removal of garbage
and refuse. The owner of any vacant building, or vacant portion thereof, must remove all garbage, refuse (as these terms are defined in Chapter 50 of the City Code), rubbish, filth,
or other materials from the vacant building and the property upon which the building is located. (12) Loitering, criminal activities. Loitering or engaging in criminal activities is
not allowed in a vacant building or on the real property upon which the vacant building is located. The owner or responsible party must not allow these activities and shall take immediate
actions to eliminate these conditions once notified by the City. Failure to abate nuisances on the vacant building property may result in additional fees in compliance with City Code.
(13) Emergency Abatement. The City may authorize immediate abatement of any public nuisance or maintenance item if, in the discretion of the Compliance Official, emergency circumstances
exist that present an imminent threat to the public health and safety.
(14) Other Codes. The owner or responsible party must comply with all other City Codes and applicable regulations. (H) Appeal. Any person or responsible party aggrieved by a decision
under this Chapter may appeal the decision to the Board of Adjustment and Appeals as provided in § 30.02 of the City Code. The appeal must be in writing, must specify the grounds for
the appeal, and must be submitted to the City Clerk within ten business days of the decision that is the basis of the appeal. (I) Penalties. Any person or responsible party who violates
any provision of this section is subject to the penalty as provided under § 10.99 of the City Code. Nothing in this section however, shall be deemed to impair other remedies or civil
penalties available to the City under the City Code or state law, including, but not limited to, Minnesota Statutes Sections 463.15 through 463.261. Council member _____________________
moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this ____ day of ________,
2011, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS _______________________ Paul J. Hicks, Mayor ATTEST: _________________________ Melanie Mesko Lee, City Clerk I hereby
certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2011, as
disclosed by the records of the City of Hastings on file and of record in the office. ____________________________ Melanie Mesko Lee, City Clerk THIS INSTRUMENT DRAFTED BY: FLUEGEL LAW
FIRM P.A. 999 Westview Drive, Suite 1 Hastings, MN 55033 651-438-9777
City of Hastings Department of Building Safety and Inspections VACANT BUILDING REGISTRATION FORM PERMIT NO: ____________________ Date of Application: _______________________________
Property Address and PIN NO: ____________________________________________ Property Type: Commercial Industrial Residential Type__________________ Owner or Owner's Name: Business Name:
Representative Mailing Address: City State Zip Phone Cell Fax Email Lien Holders or Name: Business Name: others with Legal Interest Mailing Address: City State Zip Phone Cell Fax Email
Local Agent or Name: Business Name: Management Company Mailing Address: City State Zip Phone Cell Fax Email Applicant is: Owner Realtor Service Co Mortgage Co other __________ Property
became Vacant on: ________________ Expected Date of Occupancy__________ Sheriff Sale Date: ____________________ Building Secure Yes No Exterior Violations Yes No Natural Gas
On Off Electric Service Disconnected Yes No Water On Off Water Shut Off Requested Yes No Water Meter Removed Yes No # If the water is shut-off, the current water shut-off
and turn on fees will also apply.# Permit Sub Type: Vacant Building Registration Annual Registration Renewal Administrative Registration
General Information: The Permit Fee is due at the time of Registration Property Plan For Sale Listing Date Closing Date Renovation Start Date Permits Needed Convert Rental Property
Start Date Rental License Applied Demolish Remove By Please add any additional detailed information to your Property Plan below Purpose: The vacant building ordinance and registration
is a mechanism to protect neighborhoods from health and safety hazards and from blight through the lack of adequate maintenance and security of vacant buildings. Acknowledgement of Responsibility:
It is the joint responsibility of owner and/or applicable responsible Party(ies) to ensure information is complete and accurate. Failure to comply is a misdemeanor. The City of Hastings
Vacant Building Ordinance requires the buyer to meet all city codes and conditions of the approved property plan. Vacant Property Registration Fees for Single Family, Townhome units,
Condo Units, Duplex, and Triplex Living Buildings Initial Registration Fee $400.00 Annual Renewal Fee $200.00 Vacant Buildings with 4 or More Living Units and Commercial Buildings Initial
Registration Fee $500.00 Annual Renewal Fee $250.00
Applicant Name____________________________ Signature: ___________________________ (Please print) Required Inspections: Once the vacant property is registered and the Property Plan is
approved by the Building Safety Department, an inspection of the property will be performed by a City of Hastings Inspector with the property owner or its agent onsite. If there are
any violations of the City of Hastings Property Maintenance Code or structure life safety issues, notice of orders to repair or mitigate the violations will be given to the owner.
A reasonable amount of time to make repairs or improvements to bring the property into compliance with the provisions of the code shall be given. A required second inspection will be
made of the property before a Certificate of Occupancy will be issued. The property shall be in compliance with City of Hastings Codes before occupancy will be allowed. If the owner
fails to comply with an order within the prescribed time, the code official shall cause the violations to be corrected or abated and charged against the real estate upon which the structure
is located and shall be a lien upon such real estate. City Use Only Required Inspections Vacant Building Inspection Re-occupancy Inspection Final Building Secure Yes No Exterior
Violations Yes No Natural Gas On Off Electric Service Disconnected Yes No Water On Off Water Shut Off Requested Yes No Water Meter Removed Yes No Notes: Approved by:
____________________________________ Date: ______________________ Permits must be submitted in person or mailed with payment. City of Hastings Department of Building Safety and Inspections
101 E. 4th Street Hastings, MN 55033