Wilson ordinance for registration of vacant/abandoned buildings
(First Published in the Ellsworth County Independent/
Reporter, July 30, 2020)
ORDINANCE NO. 854
AN ORDINANCE PROVIDING FOR THE REGISTRATION OF ABANDONED AND VACANT BUILDINGS AND
PROVIDING PROCEDURES RELATED TO INCENTIVES, MAINTENANCE AND MARKETING OF THE SAME.
WHEREAS, the Governing Body finds that abandoned and vacant buildings adversely affect the quality of life, create blight, and impact local property values; and
WHEREAS, abandoned and vacant buildings are known to attract vandalism, become havens for drug use and other crime, and require expenditure of public funds for police protection, fire protection and housing inspection; and
WHEREAS, the Governing Body finds that public health, safety and welfare are adversely affected by abandonment and prolonged vacancies in residential and commercial buildings.
BE IT ORDAINED by the Governing Body of the City of Wilson, Kansas:
SECTION 1. Purpose and Definitions
The Governing Body of the City of Wilson, Kansas, hereby adopts an abandoned and vacant building ordinance as follows:
(a) Purpose
Recognizing that abandoned and vacant buildings contribute to blight in both residential and non-residential neighborhoods, discourage economic development and retard appreciation of property values, endanger public health and safety, attract criminal activity and create fire hazards, it is the responsibility of property owners to prevent buildings from becoming a burden to the neighborhood and community and a threat to the public health, safety and welfare. The Governing Body finds that abandoned and vacant buildings result in increased expenditures for police, fire and board of health inspections and calls. Maintenance of the public health, safety and welfare requires the City to maintain an accurate registration of all abandoned and vacant buildings.
(b) Definitions
For the purposes of this ordinance, certain phrases and words are defined below. Words or phrases not defined in this ordinance but defined in applicable state law shall be given that meaning. All other words or phrases shall be given their common ordinary meaning. The following words, terms or phrases, when used in this ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Abandoned Building means a building that is vacant and/or unsecured so that unauthorized admittance may be gained.
(2) Building means any structure intended for shelter, housing, or commercial use.
(3) City means the City of Wilson, Kansas.
(4) Chronic Vacancy or Chronically Vacant means an abandoned building or a vacant building which continues to remain vacant for three (3) months after initial notification by the City to the owner.
(5) Occupy means to conduct a lawful business or reside in all or any part of the building or structure as the business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis or any combination of the same. For the purposes of this ordinance, evidence offered to prove a person occupies a building or structure may include, but shall not be limited to, the regular receipt of regular mail through the U.S. Postal Service or proof of continual electric, water sewer or trash services.
(6) Owner means the person, persons or entity identified as the owner of the parcel with the Ellsworth County Appraiser’s Office; or any agent identified by a nonresident owner; or any mortgagee of a property in foreclosure.
(7) Public Officer means any board of health member, law enforcement officer, or other agent employed by or working on behalf of the City.
(8) Unsecured means being able to obtain access to the building through open, unlocked, broken or missing doors, windows or walls.
(9) Vacant means a building that is unattended or unoccupied and is not actively used as a place of residence or business, or the building is frequently open or unsecured so that unauthorized admittance may be gained without damaging any portion of the property.
SECTION 2. Inquiry and Inspection.
The public officer shall make inquiry and inspection of premises upon receiving information or becoming aware that a building may be abandoned or vacant. Upon making such inquiry and inspection, the public officer shall make a written report of his or her findings.
SECTION 3. Service of Notice.
If the public officer determines that a building is abandoned or vacant then such officer shall give written notice of the finding to the Governing body for review, prior to serving notice to the owner by personal service, certified mail, first class mail OR by posting the notice on the building in a conspicuous place.
SECTION 4. Notice Content – Vacant Building.
The notice issued by the City for a vacant building shall be in writing and shall contain the following:
(a) Common street address of the property;
(b) Description of the building;
(c) The determination that the building is vacant;
(d) The owner will be advised that the building will be subject to registration as a Chronically Vacant building after a period of three (3) months; and
(e) The owner will be advised that he or she has fourteen (14) days to appeal the determination of the public officer.
SECTION 5. Notice Content – Abandoned or Chronically Vacant Building.
The notice issued by the City for an Abandoned or Chronically Vacant building shall be in writing and shall contain the following:
(a) Common street address of the property;
(b) Legal description of the property;
(c) Registration requirements;
(d) Facts available to the City which resulted in the determination that the building is an abandoned or chronically vacant building;
(e) The owner will be advised that he or she has fourteen (14) days to appeal the determination to the public officer; and
(f) Steps which an owner may take to claim an exemption from registration fees.
SECTION 6. Written Notice and Information
The owner of an abandoned or chronically vacant building shall register the building with the City within twenty (20) days of service of a written Notice, that a building they own is an abandoned or chronically vacant building. In the alternative, the owner has the opportunity to show cause as to why the building is not abandoned or chronically vacant. If the owner contends that the building is neither abandoned nor chronically vacant then such owner shall provide the public officer information, in writing, to consider in making a final determination. The public officer shall render his or her written final determination within fourteen (14) days of the notice that the owner challenges the initial notice that the building was abandoned or chronically vacant.
SECTION 7. Registration and Maintenance Requirements for Abandoned and Chronically Vacant Buildings
The required registration shall be submitted on the form provided by the City. The registration shall include the name, current mailing address, phone number and any other contact information of the owner; name, current mailing address, phone number and any other contact information of all other parties with a legal or equitable ownership interest in the building; the common address of the building; and sale or rental price. The registration shall also include the period of time the vacant building is expected to remain vacant, a timetable for returning the vacant building to appropriate occupancy and a marketing plan for use or sale. Re-registration is required every twelve (12) months until the building is no longer abandoned or chronically vacant.
SECTION 8. Fees
The initial registration for an abandoned or chronically vacant building is fifty dollars ($50.00). The initial registration fee shall be collected by the City at the time of initial registration of the building and shall cover a twelve (12) month period. If the building remains abandoned and/or chronically vacant for a period of twelve (12) months the owner shall be subject to re-registration fees. The re-registration fees shall be calculated by doubling the initial registration fee every twelve (12) months with a maximum of a four hundred dollars ($400.00) annual re-registration fee. Funds derived from said fee shall be used to offset the City’s cost of inspections and incentives provided for in this ordinance. Registration fees are non-refundable.
SECTION 9. Incentives
Upon registration, the City shall waive the reconnect fee of any City utilities. If a building is sold, the property owner may request to be reimbursed for a portion of the closing costs or reality fees up to $500.00 at the Governing Body’s discretion.
SECTION 10. Resident Agent
If the owner of an abandoned or chronically vacant building does not reside within 50 miles of the City for at least 6 months a year, then such owner must designate a resident agent with authority to act with respect to the property. The owner must provide the resident agent’s name, current mailing address, residential address, phone number and any other contact information of the resident agent. Failure to appoint a resident agent will result in the owner being charged double the registration fee.
SECTION 11. Subsequent Owners
Any subsequent owner of a registered abandoned or chronically vacant building must amend the registration with the City Clerk to include their name, current mailing address, phone number and any other contact information. The amendment to the registration must be completed within thirty (30) days of any transfer of ownership interest of an abandoned or chronically vacant building. The new owner is not liable for additional registration fees for the period for which it has been registered. Registration for the new owner will start at $50 and increase as stated in Section 8.
SECTION 12. Marketing Exception to Registration Fees
An abandoned or chronically vacant building shall be exempt from the registration fee required pursuant to Section 8, for so long as the following marketing requirements are being met:
(a) Building marketed as “for rent” by signage in a conspicuous place, in a newspaper or in an online listing by organizations who provide real estate listings. The listing must be at a fair market value for rental rates based upon market rental rates for comparable properties. The owner may show entitlement to this exemption by submitting evidence of marketing to the City. In the event that active marketing ceases, the building in question shall be immediately subject to registration fees.
(b) Buildings which are being actively marketed as “for sale” by a licensed real estate broker or by the owner and advertised as such in a newspaper or listed on a recognized online website. The owner may show entitlement to this exemption by submitting evidence of marketing to the City. In the event that active marketing ceases, the building in question shall be immediately subject to registration fees.
(c) A building for which the owner executes a valid affidavit on a form provided by the City attesting that the owner intends to resume occupancy of the building within 180 days. Failure to actually resume occupancy of the building within 180 days will result in imposition of the registration fee that was exempted under this section, as well as any re-registration fees then becoming due.
SECTION 13: Productive Business Use Exception to Registration Fees
If a building no longer has a productive business use then an abandoned or chronically vacant building shall be exempt from the registration fee required pursuant to Section 8. This exception will only be granted if the property owner can prove that the business use of the building has become obsolete.
SECTION 14. Failure to Register; Costs Assessed
An owner who fails to register or re-register an abandoned or chronically vacant building under this ordinance, after written notice shall be in violation of this ordinance. An owner who fails to register or re-register shall be liable for double the registration fees as forth in Section 8. The fees assessed under this section shall be billed to the owner or other responsible party at their registered address.
Failure or refusal to pay fees within thirty (30) days after notice and opportunity to pay shall authorize the City to use any and all available legal remedies for the enforcement and collection of such fees, including but not limited to, suits in law or equity in any court of competent jurisdiction, injunction or assessment of said fees on the property to be collected with the property taxes. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the fees assessed as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City.
SECTION 15. Appeal
Any person aggrieved by a final determination made by the public officer pursuant to this ordinance may appeal the final determination to the Governing Body in writing within fourteen (14) days, excluding weekends and holidays, of the final determination. The Governing Body shall provide a hearing and make a decision affirming, overruling or modifying the final determination.
SECTION 16. Violation of Other Ordinance or State Statute
This ordinance in no way limits the penalties, actions or abatement procedures which may be taken by the City for a violation of any other ordinance of the City or statute of the State of Kansas.
SECTION 17. Severability
The provisions of this ordinance are severable. If any part is declared invalid or unconstitutional, that declaration shall not affect the part or parts which remain.
SECTION 18. Effective
This ordinance shall take effect on August 1, 2020, after publication as provided by law in the Ellsworth County Independent Reporter.
PASSED AND APPROVED by the Governing Body of the City of Wilson, Kansas this 20th day of July, 2020.
Michael J. Peschka, Mayor
ATTEST:
Susan R. Kriley, City Clerk
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