§ 1101-79. Vacated Building Maintenance Licenses.

1101-79.1 Application: Application for a vacated building maintenance license shall be made on a form provided by the director of buildings and inspections and verified by the owner or person in control. The application shall disclose all measures to be taken to ensure that the building will be kept weathertight and secure from trespassers, safe for entry by police officers and firefighters in times of emergency, and, together with its premises, free from nuisance and in good order. At the time of application, the owner may arrange for a preliminary inspection of the premises by the director in the presence of the owner, or person in control, or an agent of the owner having responsibility for maintenance of the premises. Upon request by the owner or person in control, the director shall, after completing the preliminary inspection, issue a report in writing to the owner or person in control specifying the reasons why the premises does not conform with the vacated building maintenance standards set forth in § 1101-79.7. Upon conclusion of the time for compliance and any extension granted pursuant to § 1101-72.1, the director shall conduct a final inspection to determine if the premises conforms with the vacated building maintenance standards set forth in § 1101-79.4. If the owner or person in control fails or refuses to consent to and arrange for an inspection, the director must first obtain a search warrant from a court of competent jurisdiction to authorize inspection of the premises for the purpose of determining the structural integrity of the building.

1101-79.2 Inspection: The director of buildings and inspections shall inspect the premises at the end of the compliance period and any extension granted pursuant to § 1101-72.1, for the purpose of determining the structural integrity of the building, and that it will be safe for entry by fire fighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time that the building remains vacant.

The director of buildings and inspections shall ensure that:

(1)

The building is adequately protected from intrusion by trespassers and from deterioration by the weather in accordance with the vacated building maintenance standards set forth in § 1101-79.4; and

(2)

Allowing the building to remain will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood, and will not pose any extraordinary hazard to police officers or fire fighters entering the premises in times of emergency.

1101-79.3 Issuance: The director of buildings and inspections shall issue a vacated building maintenance license on being satisfied after having inspected the building that the building is in compliance with the vacated building maintenance standards set forth in §§ 1101-79.4 and is adequately protected from intrusion by trespassers and from deterioration by the weather.

1101-79.4 Vacated Building Maintenance Standards: A building shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if:

(1)

Building openings: Doors, windows, areaways and other openings are weathertight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and opening coverings are covered with at least one-half inch of CDX plywood, weather protected, tightly fitted to the opening and secured by screws or bolts.

(2)

Roofs: The roof and flashings are sound, tight, will not admit moisture, and drained to prevent dampness or deterioration in the walls or interior.

(3)

Drainage: The building gutters and downspouts are watertight and entire storm drainage system is adequately sized, installed in an approved manner, functional and discharged in an approved manner.

(4)

Building Structure: The building is maintained in good repair, structurally sound, free from debris, rubbish and garbage, and sanitary, and interior floors, walking surfaces and stairs are structurally sound, and interior walls and ceilings are free of loose or hanging plaster and finishes, so as not to pose a threat to the public health or safety.

(5)

Structural Members: The structural members are free of deterioration and capable of safely bearing imposed dead and live loads.

(6)

Foundation Walls: The foundation walls are plumb, free from open cracks and breaks, and ratproof.

(7)

Exterior Walls: The exterior walls are free of holes, breaks, and loose or rotting materials. Exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(8)

Decorative Features: The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features are safe, anchored, and in good repair. Exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(9)

Structure Extensions: All balconies, porches, canopies, marquees, signs, metal awnings, cornices, stairways, fire escapes, standpipes, exhaust ducts and similar features are in good repair, anchored, safe and sound. Exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(10)

Chimneys and Towers: Chimneys, cooling towers, smokestacks, and similar appurtenances are structurally safe. Exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(11)

Sidewalk Openings: Yardwalks, steps, and openings in sidewalks are safe for pedestrian travel.

(12)

Accessory and Appurtenant Structures: Accessory and appurtenant structures such as garages, sheds, and fences are free from safety, health, and fire hazards.

(13)

Premises: The premises on which a structure is located is clean, safe and sanitary, maintained free of weeds, junk cars, and litter, and does not pose a threat to the public health or safety.

1101-79.5 Procedure for Renewal: At the time of application for a renewal of a vacated building maintenance license the owner or person in control may arrange with the director of buildings and inspections for the inspection of the building, its premises and interior. If the owner or person in control fails or refuses to consent to and arrange for an inspection, the director must first obtain a search warrant from a court of competent jurisdiction to authorize inspection of the premises for the purpose of determining the structural integrity of the building, that it will be safe for entry by fire fighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time that the building remains vacant. The director of buildings and inspections shall renew a vacated building maintenance license on being satisfied after having inspected the building that the building is in compliance with the vacated building maintenance standards set forth in § 1101-79.4, adequately protected from intrusion by trespassers and from deterioration by the weather, will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood, and will not pose any extraordinary hazard to police officers or fire fighters entering the premises in times of emergency; otherwise the director shall deny renewal. The license renewal shall be for one year, which renewal shall run from the anniversary of the date that the building or portion thereof was initially vacated by the director of buildings and inspections.

1101-79.6 Appeals: A person affected by an order or decision of the director of buildings and inspections made pursuant to Section 1101-77 or 1101-79 may submit a written petition for reconsideration to the director pursuant to Section 1101-80, "Director's Actions."

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 355-1996, eff. Nov. 6, 1996; a. Ord. No. 311-1997, eff. Sept. 4, 1997; a. Ord. No. 59-2006, eff. April 14, 2006; a. Ord. No. 418-2010, § 24, eff. Nov. 24, 2010; Emer. Ord. No. 157-2012, § 1, eff. May 9, 2012; Emer. Ord. No. 238-2015, § 29, eff. July 1, 2015; a. Ord. No. 345-2017, § 1, eff. Jan. 20, 2018)