City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter requires owners of vacant and abandoned vacant properties (residential, commercial, and industrial) to register them with the City, keep them inspected, secured, and maintained, and obtain a certificate of compliance before reoccupancy.

Who this affects

Owners of properties that sit vacant for more than 30 days, and mortgagees who take an interest in a property through foreclosure — both may be required to register the property and pay associated fees.

Key rules

• A property is "vacant" if not used or occupied for more than 30 days (unless it remains furnished, has utilities connected, and is maintained during the owner's absence).
• A vacant property becomes "abandoned vacant property" after 30+ days vacant plus at least one of: use for loitering/vagrancy/unauthorized entry/criminal activity; broken or boarded windows; taxes in arrears over 365 days; disconnected/unused utilities; noncompliance with city codes or state law; or being only partially completed and unfit for occupancy.
• Vacant property and abandoned vacant property must both be registered with the Building Department within 30 days of the vacancy.
• The owner registration form requires a copy of a valid driver's license, date of birth, owner's name and mailing address, the name and contact information of the individual/entity responsible for care and control of the property, the owner's promise to permit inspections, and an explanation for the vacancy.
• Registration is valid for up to 365 days and must be renewed annually until the property is occupied and a certificate of compliance is issued.
• Registration fees: no fee for the first six months; a $25 fee for six to twelve months (waivable if the property is being actively marketed); a $50 annual fee after 12 months until occupancy and certificate of compliance.
• Properties not registered within the required time are assessed an additional fee for the City's costs (e.g., title searches) to determine ownership.
• If information on the registration form becomes outdated, the owner has 10 days to file a corrected form (no fee for updates).
• Registered vacant/unoccupied buildings are subject to an initial safety and maintenance inspection covering water, sewer, electrical, HVAC, plumbing, exterior finishes, roofing, structural systems, foundation, drainage, and more, then annual inspections thereafter.
• If an inspection reveals violations, the owner must apply for necessary permits within 10 days and complete repairs within 30 days (extendable by the Building Official to up to six months).
• A mortgagee must inspect a property securing a defaulted mortgage within five days of filing a foreclosure complaint or publishing a notice of foreclosure, and must register the property if it is found vacant or shows evidence of vacancy.
• Owners must daily keep vacant property free of weeds, grass over six inches high, dead vegetation, trash, junk, debris, and items suggesting abandonment, and free of graffiti.
• Front and side yards must be landscaped and maintained; pools, spas, and water features must have an approved safety cover and comply with fencing/barrier requirements.
• Property must be kept secure (locked windows, doors, gates); broken windows must be repaired or replaced with like glazing within 14 days, and boarding up windows is allowed only as a temporary measure not exceeding 14 days.
• Electrical power and natural gas must be maintained to power equipment keeping a minimum interior temperature of 45°F from September through April and to power a sump pump; a minimum seven-watt night light on a dusk-to-dawn timer must be placed on both the first and second levels of vacant residential buildings; water must be shut off at the street and the building winterized, unless served by a heating system requiring water.
• Open or unsecured properties may be entered by the City, and the owner is responsible for a securing fee to cover the City's cost of contacting the owner or securing the property (within a 24-hour reasonable time limit).
• Reoccupancy requires a certificate of compliance issued by the Building Official within 30 days prior to occupancy, correction of all violations, certification of mechanical/electrical/plumbing/structural systems by a licensed contractor, and payment of all outstanding costs, assessments, and liens owed to the City.
• If an occupied building is damaged by fire, the owner has 30 days from the date of the fire to apply for a construction or demolition permit, or the property is deemed vacant and subject to this chapter.
• Unpaid fees become a lien on the property (and may go on the tax roll or be pursued via civil judgment) if not paid within 14 days of written notice.

Penalties

A violation of this chapter is a municipal civil infraction, not punishable by imprisonment. A first offense carries a minimum $200 fine; second or subsequent offenses carry a minimum $400 fine, plus any other penalties authorized under state law.

Notable and archaic details

• The City is not liable for errors or omissions in issuing a certificate of compliance, and issuance does not represent that the property complies with the Fire Prevention, Building, Mechanical, Property Maintenance, Electrical, or Plumbing Codes — only that no dangerous conditions existed as of the inspection date.
• Mail sent to an owner's registered address that comes back marked "refused" or "unclaimed," or ordinary mail returned for any reason, is treated as prima facie evidence the owner failed to comply with the chapter.