§ 17.48.215. Registration of vacant buildings—Required.

For the purposes of this section, only buildings and structures in the Historic District are subject to vacant buildings registration requirements. The Department of Planning and Zoning may consider the following criteria in determining whether a building is vacant for the specified period:

(a)

Use consistent with zoning regulations for which there is no current valid certificate of occupancy; or

(b)

The absence of (i) paid utility receipts, (ii) executed lease agreements, or (iii) sales tax returns.

A.

Commercial and Industrial Buildings. Within ninety days after a commercial or industrial ground floor area of a building becoming vacant, the owner or agent of the building shall register the vacancy with the Department of Planning and Zoning and pay the registration fee established by resolution of the City Council. The Director or designee shall add the vacant building registration information to the registry of vacant buildings.

B.

Mixed Use Residential and Commercial Properties. Within ninety days after the commercial ground floor portion of any mixed use residential and commercial building becoming vacant, the owner or agent of the building shall register such portion of the building as a vacant building with the Department of Planning and Zoning and pay the registration fee established by resolution of the city council.

C.

The obligation to register a vacant building under subsections A and B above does not apply if:

(a)

The vacant building is owned by the federal government;

(b)

Under active construction or undergoing active rehabilitation, renovation, or repair, and there is a building permit to make the building fit for occupancy that was issued, renewed, or extended within twelve months after the required registration date;

(c)

In compliance with the property maintenance requirements of this chapter and the owner or his agent has been actively seeking in good faith to rent or sell the building, provided that:

(1)

The time period for sale or rent shall not exceed:

(i)

One year from the initial listing, offer, or advertisement of sale; or

(ii)

Six months from the initial listing, offer or advertisement to rent; and

(2)

Any leased property exempt under this paragraph shall have a valid certificate of occupancy.

D.

If a present interest in a vacant building registered under this section is transferred or otherwise conveyed, no person shall record a deed related to the vacant property until a new registration is filed with the Department of Planning and Zoning and the applicable fees are paid.

E.

If the name or address of an owner of a vacant building changes for any reason other than by transfer or conveyance, the change shall be reported to the Department in writing within thirty days.

F.

The owner or agent registering a vacant building shall supply the following information:

(a)

Name, address, and telephone number of owner(s);

(b)

Name, address, and telephone number of authorized agent, as applicable;

(c)

Legal description and tax account number of the building;

(d)

Street address of the building; and

(e)

Date on which the building or commercial portion of the building became vacant.

G.

Registration of a vacant building shall be valid for a period of one year. If the building is still vacant at the expiration of any one-year registration period, then the owner or agent shall re-register such building and pay another filing fee. If the vacant building or commercial portion thereof becomes occupied during any vacancy registration period, the owner or agent shall not be entitled to a pro-rated refund of the registration fee.

H.

Placarding. The owner or agent of the registered building shall place a City-issued identification placard on the building's ground floor exterior as directed by the Department of Planning and Zoning so as to be clearly visible from the nearest public right-of-way. Such identification placard shall be kept in readable condition by the owner or agent, and shall provide the following information: owner/agent's name, address, phone number, and expiration date of registration. Any unauthorized removal of the vacant building placard shall subject the owner or agent to a fine established by resolution of the City Council.

I.

The City may cause to be affixed to the ground floor exterior of a building subject to the registration requirement of this section, an eight and one-half-inch by eleven-inch sign setting forth the name of the owner of the property and any other pertinent information that the City may require to protect the health, safety, and general welfare of the public.

(Ord. No. O-40-18, § I, 1-28-2019)