Gas City City Zoning Code

GENERAL REGULATIONS

§ 151.045 NONCONFORMING USES.

The following provisions shall apply to all nonconforming uses.

(A) A nonconforming use may be continued but may not be extended, expanded, or changed unless to a conforming use, except as permitted by the Advisory Board of Zoning Appeals in accordance with the provisions of this chapter.

(B) Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.

(C) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed.

(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985) Penalty, see § 151.999

§ 151.046 PRIVATE SWIMMING POOLS.

A private swimming pool shall be permitted as an accessory use to any permitted residential use provided.

(A) The pool is intended for private accessory use only, and not for commercial or club purposes.

(B) For an in-ground or surface (above ground) swimming pool, the property upon which said pool is located shall be enclosed by a fence of a type which effectively controls the entrance by children to the pool area. The fence must be at least five feet in height. Wooden fences with boards placed vertically shall not have any opening wider than four inches per opening and wooden fences with boards placed horizontally shall not have any opening wider than one inch per opening. For an in-ground pool, a mechanically controlled cover can be used in lieu of fencing requirements.

(C) For an above ground pool with a surrounding deck structure, the fence and deck shall not exceed a total height of nine feet from finish grade, pursuant to § 151.028(E).

(D) A pool (in-ground or above ground) shall not be located in any front yard and shall not be closer than ten feet to any side of rear property line of the property on which it is located.

(E) Gates installed for access to the property or pool area shall be equipped with a self-closing and latching device to protect against uncontrolled access to the property.

(F) For an above ground swimming pool, the pool shall be equipped with a retractable type ladder, a removable ladder, or shall be fenced in accordance with division (B) above. The ladder must be removed or retracted when the pool is not being attended.

(G) If access to the pool is via a deck or porch, then no access from the ground is permitted to the deck area unless the property or the ground access to the deck is fenced in accordance with division (B) above.

(H) It shall be the responsibility of the property owner whereof to maintain all pool covers, fences, gates, and closure devices in good operating condition.

(I) Enclosed pools shall be considered structures for purposes of regulations limiting lot coverage.

(J) Pool placement shall not be constructed under overhead power lines.

(Ord. 13 2020, passed 8-18-2020) Penalty, see § 151.999

§ 151.047 OFF-STREET PARKING.

(A) Off-street parking spaces shall be provided in accordance with the specifications in this section in all districts, except the B-1, business district, whenever any new use is established or existing use is enlarged.

Use	Parking Space Required
Bowling alleys	Five for each alley
Church	One per six seats in principal assembly room
Hospitals and rest homes	One per three beds and for each two employees on the maximum working shift
Hotels and motels	One per each rentable room
Industrial	One for each two employees on maximum working shift
Private club or lodge	One per four members
Professional offices, wholesale houses, and medical clinics	One for every 250 square feet of floor space
Recreational or assembly places; e.g., dance halls, night clubs, funeral homes	One for every 100 square feet of floor space
Residential	Two per dwelling unit
Retail businesses, eating or drinking establishments selling any type of alcoholic beverage	One for every 100 square feet of floor space
Theater	One per four seats

(B) Parking spaces may be located on a lot other than that containing the principal use with the approval of the Advisory Board of Zoning Appeals.

(C) Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaces so as to provide a durable and dustless surface.

(D) Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any R district.

§ 151.048 MANUFACTURED HOUSING AND MOBILE HOMES.

(A) Manufactured homes not meeting the terms of § 151.030(A), and mobile homes, shall be permitted only in developments which meet the requirements of this section. Occupied recreational vehicles as defined in this chapter shall meet all requirements specified for manufactured housing not meeting the terms of § 151.030(A), and mobile homes.

(B) No development shall have an area of less than five acres.

(D) No manufactured home not meeting the terms of § 151.030(A), and mobile homes, shall be closer than 35 feet to any adjacent property.

(E) Not less than 10% of the gross area of the development shall be improved for recreational activities for the residents of the development.

(F) The development shall be appropriately landscaped and screened from adjacent properties.

(G) The development shall meet all applicable requirements of the city’s subdivision control ordinance and the State Board of Health.

§ 151.049 PLANNED UNIT RESIDENTIAL, BUSINESS, AND INDUSTRIAL PROJECTS.

(A) The district regulations of this chapter may be modified by the Advisory Board of Zoning Appeals, in the case of a plan utilizing an unusual concept of development which meets the requirements of this section. The planned unit projects provision is intended to encourage original and imaginative development and subdivision design which preserves the natural amenities of the site and provides for the general welfare of the city. After the unit plan is approved, all development, construction, and use shall be in accordance with that plan unless a new planned unit project plan is submitted to and approved by the Board as required by this chapter. Any development contrary to the approved unit plan shall constitute a violation of this chapter.

(B) The area of land to be developed shall not be less than five acres.

(D) In planned unit residential projects, the minimum lot and yard requirements may be reduced, however, the average density of dwelling units in the total unit plan shall not be higher than that permitted in the district in which the plan is located.

(E) In planned unit business and industrial projects, the minimum lot and yard requirements may be reduced, however, the total land area of the unit plan shall equal the accumulative lot area requirements of each use or structure contained within the unit plan.

(F) The unit plan shall permanently reserve land suitable for the common use of the public or the owners in a particular development. This may be accomplished by dedication, covenant, or easement. This land may be for future public facilities, for recreational or scenic open space, or for a landscaped buffer zone as approved by the Advisory Plan Commission. Provisions for permanent control and maintenance of this land shall be outlined in a form acceptable to the Advisory Plan Commission, Advisory Board, and City Attorney.

(G) The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit residential project area and fully integrated into the design of the project, may be considered, and multiple-family dwellings may be considered in single-family residential districts if they are so designed and sited that they do not detract from the character of the neighborhood in which they occur.

(H) The unit plan shall be consistent with the purpose of this chapter.

(I) The unit plan shall be reviewed, and recommendations made, by the Advisory Plan Commission to determine if the proposed project is consistent with the City Comprehensive Plan and in the best interests of the city.

§ 151.050 TEMPORARY STRUCTURES.

Temporary structures used in conjunction with construction work, seasonal sales, or emergencies may be permitted by the Advisory Board of Zoning Appeals if the proposed site is acceptable and neighborhood uses are not adversely affected. They shall be removed promptly when their function has been fulfilled. Permits for temporary structures may be issued for a period not to exceed six months. Residing in basement, foundation, or temporary structures shall not be permitted.

(Prior Code, § 36-7-4-600-306) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985) Penalty, see § 151.999

§ 151.051 SIGNS.

No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.

(A) In any district, a sign not exceeding two square feet in surface size shall be permitted which announces the name, address, or professional activity of the occupant of the premises on which the sign is located.

(B) A bulletin board not exceeding 24 square feet is permitted in connection with any church, school, or similar public building.

(C) A temporary real estate or construction sign not exceeding eight square feet is permitted on the property being sold, leased, or developed. Such sign shall be removed promptly when it has fulfilled its function.

(D) Business signs shall be permitted in connection with any legal business or industry when located in the same premises, and if they meet the following requirements.

(1) Signs shall not contain information or advertising for any product not sold or produced on the premises.

(2) Signs shall not have an aggregate surface size greater than five feet for each one foot of width of the principal structure on the premises. However, such signs shall not exceed an area of 50 square feet.

(3) Signs shall not be illuminated in any manner which causes undue distraction, confusion, or hazard to vehicular traffic.

(4) Signs shall not project over the curb line onto the vehicle right-of-way.

(5) Movable signs on wheels or on legs shall be permitted within the city only after receiving a variance pursuant to § 151.087.

§ 151.052 HOME OCCUPATION.

A home occupation may be permitted as a special exception if it complies with the requirements of this section.

(A) The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.

(B) The home occupation shall be carried on wholly within the principal or accessory structures.

(C) Exterior displays or signs other than those permitted under § 151.051(A), exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.

(D) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.

(E) The home occupation shall not create any traffic or parking problems.

§ 151.053 SANITARY CLEANOUTS.

This section shall govern the size, location, installation, and maintenance of drainage pipe cleanouts.

(A) Cleanout plugs shall be brass or plastic, or other approved materials. Brass cleanout plugs shall be utilized with metallic drain, waste, and vent piping only and shall conform to ASTM A74, ASME A1112.3.1 or ASME A112.36.2M. Cleanouts with plate-style access covers shall be fitted with corrosion-resisting fasteners. Plastic cleanout plugs shall conform to the requirements of 2012-I.P.C. § 702.4. Plugs shall have raised square or countersunk square heads. Countersunk heads shall be installed where raised heads are a trip hazard. Cleanout plugs with borosilicate glass systems shall be of borosilicate glass. All sanitary cleanouts shall be of the type and size approved by the Planning and Zoning Director.

(B) Where required, cleanouts shall be located in accordance with 2012-I.P.C. §§ 708.3.1 through 708.3.5.

(1) All horizontal drains shall be provided with cleanouts located not more than 100 feet (30,480 mm) apart.

(2) Building sewers shall be provided with cleanouts located not more than 100 feet (30,480 mm) apart, measured from the upstream entrance of the cleanout. For building sewer eight inches (203 mm) and larger, manholes shall be provided and located not more than 200 feet (60,960 mm) from the junction of the building drain and building sewer, at each change in direction and at intervals of not more than 400 feet (122 m) apart. Manholes and manhole covers shall be of an approved type.

(3) Cleanouts shall be installed at each change of direction greater than 45 degrees (0.79 rad) in the building sewer, building drain, and horizontal waste or soil lines. Where more than one change of direction occurs in a run of piping, only one cleanout shall be required for each 40 feet (12,192 mm) of developed length of the drainage piping.

(4) A cleanout shall be provided at the base of each waste or soil stack.

(5) There shall be a cleanout near the building storm drain. The cleanout shall be either inside or outside the building wall and shall be brought up to the finished ground level or to the basement floor level. An approved cleanout is allowed to be used at this location to serve as a required cleanout for building storm drain. The cleanout at the junction of the building storm drain shall not be required if the cleanout on a three-inch (76 mm) or larger diameter soil stack is located within a developed length of ten feet (3,048 mm) of the building storm drain connection. The minimum size of the cleanout at the junction of the building storm and building shall comply with 2012-I.P.C. § 708.7. All building storm drains and cleanouts shall be of the type and size approved by the Planning and Zoning Director.

(C) (1) Cleanouts on concealed piping or piping under a floor slab or in a crawl space of less than 24 inches (610 mm) in height or a plenum shall be extended to the outside of the building.

(2) Cleanout plugs shall not be covered with cement, plaster, or any other permanent finish material.

(3) Where it is necessary to conceal a cleanout or to terminate a cleanout in an area subject to vehicular traffic, the covering plate, access door, or cleanout shall be of an approved type designed and installed for this purpose. All sanitary piping shall be of the type and size approved by the Planning and Zoning Director.

(D) Every cleanout shall be installed to open to allow cleaning in the direction of the flow of the drainage pipe or at right angles thereto.

(E) Cleanout shall be the same nominal size as the pipe they serve, up to four inches (102 mm). For pipes larger than four inches (102 mm) nominal size, the size of the cleanout shall be not less than four inches (102 mm).

(F) Cleanouts on six-inch (153 mm) and smaller pipes shall be provided with a clearance of not less than 18 inches (457 mm) for rodding. Cleanouts on eight-inch (203 mm) and larger pipes shall be provided with a clearance of not less than 36 inches (914 mm) for rodding.

(Ord. 13 2020, passed 8-18-2020) Penalty, see § 151.999

§ 151.054 CLEANOUTS.

(A) Each cleanout fitting for cast-iron shall consist of a cast-iron or brass body and an approved plug. Each cleanout for galvanized wrought-iron, galvanized steel, copper, or brass pipe shall consist of a brass plug as specified in 2012-I.P.C. § 708.1.6, or a standard weight brass cap, or an approved ABS or PVC plastic plug, or an approved stainless steel cleanout or plug. Plugs shall have raised square heads or approved countersunk rectangular slots.

(B) Each cleanout fitting and each cleanout plug or cap shall be of an approved type. All sanitary fittings and cleanouts shall be of the type and size approved by the Planning and Zoning Director.

(D) Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal, and each run of piping, that is more than 100 feet (30,480 mm) in total developed length, shall be provided with a cleanout of each 100 feet (30,480 mm), or fraction thereof, in length of such piping. An additional cleanout shall be provided in a drainage line for each aggregate horizontal change of direction exceeding 135 degrees (2.36 rad).

(E) Each cleanout shall be installed so that it opens to allow cleaning in the direction of flow of the soil or waste or at right angles thereto and, except in the case of wye branch and end-of-line cleanouts, shall be installed vertically above the flow line of the pipe.

(F) Each cleanout extension shall be considered as drainage piping and each 90 degrees (1.6 rad) cleanout extension shall be extended from a wye type fitting or other approved fitting of equivalent sweep.

(G) Each cleanout for an interceptor shall be outside of such interceptor.

(H) Each cleanout, unless installed under an approved cover plate, shall be above grade, readily accessible, and so located as to serve the purpose for which it is intended. Cleanouts located under cover plates shall be so installed as to provide the clearances and accessibility required by this section. All cover plates shall be of the type and size approved by the Planning and Zoning Director.

(I) Each cleanout in piping two inches (50 mm) or less in sizing shall be so installed that there is a clearance of not less than 12 inches (305 mm) in front of the cleanout. Cleanouts in piping exceeding two inches (50 mm) shall have a clearance of not less than 18 inches (457 mm) in front of the cleanout. Cleanout in under-floor piping shall be extended to or above the finished floor or shall be extended outside the building when there is less than 18 inches (457 mm) vertical overall, allowing for obstructions such as ducts, beams, and piping, and 30 inches (762 mm) horizontal clearance from the means of access to such cleanout. No under-floor cleanout shall be located exceeding 20 feet (6,096 mm) from an access door, trap door, or crawl hole.

(Ord. 13 2020, passed 8-18-2020) Penalty, see § 151.999

§ 151.055 WASTEWATER GREASE TRAP REQUIREMENTS.

(A) New food service establishments. All proposed food service establishments (FSE) that discharge wastewater into the city sanitary sewer system shall be required to install an approved, properly operated, and maintained grease interceptor. All interceptor units shall be of the type and capacity approved by the city. Grease interceptors shall be located so as to provide easy access to the manhole covers for maintenance and inspection activities.

(B) Newly remodeled food service establishments. Newly remodeled FSEs are required to install an approved, properly operated, and maintained grease interceptor. Grease interceptors shall be located so as to provide easy access to the manhole covers for maintenance and inspection activities. All interceptor units shall be installed outdoors of the FSE’s building unless the user can demonstrate to the Planning and Zoning Director. All grease traps units shall be of the type and capacity approved by the Planning and Zoning Director.

(1) In the event the city has to clean sewer laterals or mains, a service fee of 150% of the standard going rate shall apply to cover all city equipment and labor costs.

(2) All food service establishments shall maintain the grease traps at their own expense.

(1) Domestic wastewater shall not be discharged into a grease retention device.

(2) Wastewater from dishwashing sinks, mop sinks, hand sinks, and floor drains shall be discharged into a grease retention device.

(3) Interior plumbing plans shall be submitted to the Director depicting all fixtures proposed to be connected to a grease retention device.

(4) Grease retention device proposals shall be submitted to the Planning and Zoning Director. Grease retention devices shall not be installed without the prior approval of the Planning and Zoning Director.

(5) Grease interceptors shall be constructed in accordance with the city’s Utility Standards and shall have a minimum of two compartments with fittings designed for grease retention. The minimum size for a grease interceptor is 750 gallons. Garbage disposals and dishwashers shall not be connected to a properly sized grease interceptor.

(6) All grease interceptors shall be designed to allow for complete access for inspection and maintenance of inner chambers as well as viewing and sampling of wastewater discharged to the sanitary sewer.

(7) Grease traps shall be designed to allow for complete access for inspection and maintenance activities. Newly installed grease traps shall include a filter that is designed to prevent the discharge of grease from the unit. Dishwashers and garbage disposals shall not be connected to grease traps.

(8) Alternative grease retention devices or technologies shall be subject to the approval of the Planning and Zoning Director. Such approval shall be based on demonstrated removal efficiencies of the proposed technology.

(D) Best management practices. The following best management practices or BMPs shall be implemented and adhered to by all FSEs.

(1) All new and existing FSEs are required to install a grease retention device.

(2) All grease interceptors and traps shall be maintained by the user at the user’s expense. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludges and solids.

(3) Decanting or discharging of removed waste liquid back into the interceptor or trap from which the waste was removed or any other grease interceptor or trap, for the purpose of reducing the volume to be disposed, is strictly prohibited.

(4) Grease interceptors must be pumped out completely a minimum of once every 90 days or more frequently if the unit has accumulated waste, both floatable and settleable, accounting for 25% of its wetted depth, as measured from the static water level to the interior tank bottom.

(5) Grease hauler pumping receipts must be mailed, faxed, or electronically submitted to the Director within 14 days of the date of grease interceptor maintenance.

(6) (a) Grease traps must be pumped/cleaned out completely a minimum of once every 30 days or more frequently if the unit has accumulated waste, both floatable and settleable, accounting for 25% of its wetted depth, as measured from the static water level to the interior tank bottom.

(b) If the FSE hires a grease hauler to pump out the grease trap, the FSE is required to submit the grease hauler’s receipts to the Planning and Zoning Director. The receipts must be mailed, faxed, or electronically submitted to the Director within 14 days of the date of grease trap maintenance.

(7) The use of chemical treatments such as bacterial additives, emulsifiers, drain cleaners, enzymes, acids, and other chemicals designed to dissolve, purge, or remove grease from grease traps or grease interceptors is strictly prohibited.

(8) FSEs are required to scrape food into the trash and “dry wipe” grease from pots, pans, and dishwasher prior to dishwashing. Food waste is required to be disposed of in the trash.

(E) Inspections. Authorized personnel of the city, bearing proper credentials and identification, shall have the right to enter upon all properties subject to this program, at any time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing, or record review, as part of this program.

(Ord. 13 2020, passed 8-18-2020) Penalty, see § 151.999

§ 151.056 REGISTRATION OF VACANT OR DISTRESSED PROPERTIES.

(A) Purpose. It is the purpose and intent of the city, through the adoption of this section, to establish a vacant property registration program as a mechanism to protect residential and commercial neighborhoods from becoming blighted through the lack of adequate maintenance and for the security of distressed properties and vacant properties.

(B) Scope. The provisions of this section shall apply to all existing, residential, commercial, multi- family, industrial, and institutional properties and structures. This section does not relieve an owner from compliance with all applicable city ordinances and regulations or all applicable state laws and regulations.

(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

BENEFICIARY. A lender or other entity under a note secured by a deed of trust or mortgage lien.

BUILDING. A structure with a roof supported by columns or walls to serve as a shelter or enclosure.

DEFAULT. A failure to perform a contractual obligation, monetary or conditional.

DISTRESSED PROPERTY.

(a) A property that is under a current:

1. Pending foreclosure or tax lien sale;

2. Properties that have been the subject of foreclosure sale where the title was retained by the lender or beneficiary of a deed of trust involved in the foreclosure; and/or

3. Any properties transferred under a deed in lieu of foreclosure.

(b) DISTRESSED PROPERTY also can include property that is vacant as a result of probate or the death of the owner of record.

EVIDENCE OF VACANCY. Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to: overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; broken or boarded windows; abandoned vehicles and/or auto parts or materials; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with habitation; and/or statements by neighbors, passerby, delivery agents, or government employees that the property is vacant.

FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold through the courts at auction to satisfy the debt if the owner/borrower/mortgagor defaults.

LENDER/MORTGAGEE. The person or entity who is the secured party under any mortgage or deed of trust instrument, or who has a fiduciary interest in the property, which can include the mortgage servicer.

NOTICE OF DEFAULT. A notice that a default has occurred under a mortgage or deed of trust and that the beneficiary intends to proceed with a trustee’s or foreclosure sale.

OWNER. Any person, partnership, corporation, unincorporated association, limited liability entity, trust, personal representative of an estate, or fiduciary having legal or equitable title to or interest in any real property.

OWNER OF RECORD. The person having record title to the property as shown in the land records of Montgomery County, Maryland.

PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city, and includes the buildings or structures located on the PROPERTY, regardless of condition.

RESPONSIBLE PARTY. The beneficiary that is pursuing foreclosure of a property subject to this section secured by a mortgage, deed of trust, or similar instrument or a property that has been acquired by the lender or beneficiary of a deed of trust involved in the foreclosure. RESPONSIBLE PARTY may also include a mortgage servicer or the property preservation company or property management company instructed with the security and maintenance of the property.

SECURING. Such measures as may be directed by the City Manager, or his or her designee, that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window, and/or other openings at the time the boarding is completed or required. LOCKING includes measures that require a key, keycard, tool, or special knowledge to open or gain access.

VACANT. No person or persons currently conduct a lawful business or lawfully reside or live in any part of the building or structure as a legal or equitable owner(s) or tenant occupant(s) on a permanent, non-transient basis. A property that is VACANT when there is no habitual presence of persons who have a legal right to be on the premises, or all lawful business or construction activity or residential occupancy has substantially ceased, or which is substantially devoid of contents. In the case of mixed-use buildings, a separate tenanted portion of the building which meets these criteria may also be deemed VACANT.

VACANT PROPERTY.

(a) A lot or parcel of real property with at least one building, structure, or portion that is not currently used or occupied for a period in excess of 30 days. A building or structure that remains furnished, has utilities connected or in use, and on property that is maintained while the owner is absent shall not be considered VACANT unless the building or structure is vacant for a period greater than one year.

(b) A building or structure that is 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 six months of the date of vacancy shall not be subject to the vacant property registration requirement of this section; provided, however, that the cessation of active construction, rehabilitation, repair, or demolition activity for more than 30 days, unless good cause is shown for cessation, will result in the property being deemed a VACANT PROPERTY and subject to the registration, security, and maintenance requirements of this section.

(c) A building that the owner or owner’s agent is actively trying to sell or rent (as evidenced by a sign posted on the property advertising the property for sale or rent with contact information and current telephone number, listing agreement with realty contact information, MRIS or MLS electronic listing, or other advertisement of sale or rent) shall not be considered a VACANT PROPERTY registration requirement for a building for sale or rent may be extended for one additional period upon a showing that the building is still actively for sale of rent; and provided, that the building is in compliance with the VACANT PROPERTY maintenance requirements of this section.

VACANT PROPERTY REGISTRY. The official record of vacant distressed property and vacant property registered with the city in accordance with the requirements of this section.

(D) Inspections of distressed property.

(1) Prior to filing a complaint of foreclosure or notice of default or accepting a deed in lieu of foreclosures, the responsible party, or his, her, or their designee, shall inspect a distressed property to determine whether the property is vacant. If the distressed property is found to be vacant or shows evidence of vacancy, the responsible party shall, within 30 days, register the property as a vacant distressed property with the Planning and Zoning Director for the purpose of minimizing hazards to persons and property as a result of the vacancy.

(2) (a) If a distressed party is occupied, but remains in default, it shall be inspected by the responsible party, or his, her, or their designee, monthly until:

1. The default is remedied; or

2. The property is found to be vacant or shows evidence of vacancy.

(b) The responsible party or his, her, or their designee shall, within 30 days after obtaining knowledge or vacancy, register the property as a vacant distressed property within the city for the purpose of minimizing hazards to persons and property as a result of the vacancy.

(E) Registration of vacant distressed property.

(1) The responsible party or his, her, or their designee shall register a vacant distressed property by completing and submitting the vacant distressed property registration form and submitting the registration form to the Planning and Zoning Director, along with the required fee.

(2) The vacant distressed property registration form shall include the following:

(a) The address of the vacant distressed property;

(b) The name, current street/office mailing address (no post office boxes), telephone number, and email of all owners of the vacant distressed property;

(c) The names of the responsible party, the street/office mailing address of the responsible party (no post office boxes), a responsible party direct contact name, telephone number and email, and the name, address, telephone number, and email of the property management company, field service provider, property preservation or real estate owned (REO) section or department responsible for inspecting, securing, and maintaining the property; and

(d) An explanation as to the reason for the vacancy of the property.

(3) If a vacant distressed property is not registered, then the city may give the responsible party or his, her, or their designee a written notice of vacancy and the responsible party or their designee shall register the vacant distressed property with the city within 30 days of receipt of a notice of vacancy from the city.

(4) Registration of a vacant distressed property shall be valid and effective for a period not to exceed one year, beginning July 1 and ending the next June 30, and shall be renewed annually thereafter until the property is no longer a vacant distressed property.

(5) Vacant distressed property shall remain under the registration requirement, security, and maintenance standards of this section so long as the property is distressed property.

(6) The responsible party shall inform the city of any pending action, such as bankruptcy, probate, or other court or administrative action, that would prohibit the responsible party from taking any of the actions required by this section. The responsible party shall provide the city with complete information about any pending action that it alleges prevents the responsible party from complying with this section, including the security and maintenance standards set forth herein.

(7) Failure to register a vacant distressed property is an ordinance violation.

(F) Owner registration of vacant property.

(1) An owner of vacant property located in the city shall register the vacant property with the Planning and Zoning Director within 30 days of the vacancy. For good cause, the Director may grant an owner of vacant property of the notice of vacancy from the city.

(2) If a vacant property is not registered, then the Planning and Zoning Director may give the owner of record a written notice of vacancy and the owner shall register the vacant property with the city within 30 days of receipt of the notice of vacancy from the city.

(3) Owners who are required to register his, her, or their vacant properties pursuant to this section shall do so by completing and submitting the vacant property registration form to the Planning and Zoning Director, along with the required fee. The vacant property registration form may be signed by an agent for an owner provided the agent’s written authorization from the owner is also provided. The vacant property registration form shall include the following:

(a) The name, current street/office mailing address (no post office boxes), telephone number, and email of all owners of the vacant property. If any owner of the vacant property is not the same as the owner of record, then an explanation of the reasons for the difference in ownership shall be provided;

(b) The name of an individual or legal entity responsible for the care and control of the vacant property. Such individual may be the owner, if the owner is an individual, or may be someone other than the owner; provided, that the owner has contracted with such a person or entity to act as his or her agent for purposes of this section;

(c) A current street/office mailing address (no post office boxes), telephone number and email of the owner’s agent, along with a direct contact name, telephone number, and email for the direct contact of the owner’s agent;

(d) A certificate of property insurance in an amount equal to or greater than the tax assessed value of the property; and

(e) An explanation as to the reason for the vacancy of the property.

(4) Registration of the vacant property shall be valid and effective for a period not to exceed one year, beginning July 1 and ending the next June 30, and shall be renewed annually thereafter until the property is no longer a vacant property.

(5) Vacant property shall remain under the registration requirement, security, and maintenance standards of this section so long as the property is vacant.

(6) The owner or owner’s agent shall inform the Planning and Zoning Director of any pending action, such as bankruptcy, probate, or other court or administrative action, that would prohibit the owner or owner’s agent from taking any of the actions required by this section. The owner or owner’s agent shall provide the Director with complete information about any pending action that he or she alleges prevents the owner or owner’s agent from complying with this section, including the security and maintenance standards set forth herein.

(7) Failure to register a vacant property is an ordinance violation.

(G) Fire damaged property. If a building or structure is damaged in a fire or other casualty, the owner has 90 days from the date of the fire or other casualty to apply for a permit to start construction, rehabilitation, repair, or demolition of the fire damaged building or structure. Failure to do or the cessation of active construction, rehabilitation, repair, or demolition activity for more than 30 days, unless good cause is shown, will result in the property being deemed a vacant property and subject to the registration, security, and maintenance requirements of this section.

(H) Registration fee. The annual fee for registration of a vacant distressed property or a vacant property shall be $200, payable to the city and submitted to the Planning and Zoning Director, along with the required registration form and all supporting information and documentation. Registration of a vacant distressed property or a vacant property is for the fiscal year beginning July 1 and ending the next June 30. Unpaid registration fees shall be charged a late fee of 2% for each month or portion of a month that the registration fee remains unpaid. Registration fees are nonrefundable and are not prorated in the event a registration fee is paid for a partial year. Unpaid registration fees are a lien on the property and may be collected in the same manner as taxes collected.

(I) Requirement to keep information current; removal from vacant property registry.

(1) If, at any time, the information contained in the responsible party’s vacant distressed property registration or the owner’s vacant property registration form is no longer valid, then the responsible party or owner, as applicable, has 15 days to file a new form containing valid, current information. There shall be no fee to update an existing registered responsible party’s or owner’s current information.

(2) Should the vacant building become occupied at any time after registration of a vacant distressed property or a vacant property, then the responsible party or owner, as applicable, shall file an amended registration form within 15 days of occupancy, notifying the city of such occupancy along with corroborating documentation and requesting that the building be removed from the vacant property registry. The city shall remove such building from the registry within 30 days of the filing of the amended registration form, unless the city determines that there is evidence of vacancy and reason to believe that the building is vacant and subject to registration.

(J) Vacant property maintenance and security requirements.

(1) The responsible party of a vacant distressed property and the owner or owner’s agent of a vacant property shall comply with the following maintenance requirements.

(a) The exterior of the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items, including, but not limited to, furniture, clothing, large and small appliances, printed material, or any other items that give the appearance that the property is vacant and abandoned.

(b) The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

(c) All visible front and side yards shall be landscaped and properly maintained during the vacancy of the property. LANDSCAPING includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges, or similar plantings. MAINTENANCE includes, but is not limited to, cutting, pruning, and mowing of required landscape and removal of all trimmings.

(d) Pools, spas, and other water features shall be kept in working order so the water remains clear and free pollutants and debris or drained and kept dry. Properties with pools and/or spas must comply with applicable security fencing requirements.

(e) Adherence to the maintenance requirements of this section does not relieve the responsible party, owner, or owner’s agent of any obligations set forth in any covenants, conditions, and restrictions and/or homeowners’ association’s rules and regulations which may apply to the property.

(2) The responsible party of a vacant distressed property and the owner or owner’s agent of a vacant property shall maintain the property in a secure manner so as not to be accessible to unauthorized persons. All vacant property shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if:

(a) 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 completely painted in accordance with the predominant tone of the building, weather protected, tightly fitted to the opening, and secured by screws or bolts;

(b) The roof and flashings are sound, tight, will not admit moisture, and drained to prevent dampness or deterioration in the walls or interior;

(c) 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. All downspout and gutters shall be of the type, size, and discharge locations approved by the Planning and Zoning Director;

(d) The building is maintained in good repair, structurally sound, free from debris, rubbish, and garbage, and sanitary walking surfaces and stairs are structurally sound, so as not to pose a threat to the public health or safety;

(e) The structural members are free of deterioration and capable of safely bearing imposed dead and live loads;

(f) The foundation walls are plumb, free from open cracks and brakes, and rat-proof;

(g) 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;

(h) All balconies, porches, canopies, marquees, signs, metal awnings, cornices, stairways, fire escapes, standpipes, exhaust ducts, and similar features are in good repair, anchored, sage, 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;

(i) 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;

(j) Yard, walk, steps, and openings in sidewalks are safe for pedestrian travel and snow and ice are removed from sidewalks adjoining the property;

(k) Accessory and appurtenant structures such as garages, sheds, and fences are free from safety and health standards; and

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

(3) Vacant property and vacant distressed property required to be registered in accordance with this section shall be inspected by the owner or owner’s agent or by the responsible party on a monthly basis to determine if the property is in compliance with the requirements of this section.

(K) Posting of notices.

(1) Vacant property and vacant distressed property required to be registered in accordance with this section shall be posted with the name and a 24-hour contact telephone number of the owner/owner’s agent or responsible party, including any local property management company.

(2) The posting shall contain along with the contact name and contact telephone number, words substantially similar to “this property preserved by ______” and “to report problems or concerns call______.”

(3) The notice shall be place on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the front door or the building/structure facing the street to the front of the property so it is visible from the street. If no such area exists, then the notice may be posted in a location that is visible from the street to the front of the property but not readily accessible to vandals.

(4) Notices shall not be illuminated or exceed eight and one-half by 14 inches in size. Exterior postings must be constructed of and printed with weather resistant materials. The owner or owner’s agent or the responsible party, property preservation company, or property management company shall inspect the vacant or distressed property on at least a monthly basis to determine if the property remains in compliance with the notice posting requirements of this section.

(L) Additional authority.

(1) If the Planning and Zoning Director, or his or her designee, determines that the vacant property or vacant distressed property is in violation of any provision of this section, then the designee shall notify the owner/owner’s agent or the lender/mortgagee/responsible party of the violation by providing notice of the violation to the person identified in the registration application, and shall require the owner/owner’s agent or the lender/mortgagee/responsible party to correct the violation.

(2) A notice of violation shall include a description of the violation and, except for severe conditions where immediate action is needed to protect the public health and safety or failure to secure the vacant property, shall provide a period of not less than 20 days from the mailing or delivery of the notice for the owner/owner’s agent or the lender/mortgagee/responsible party to remedy the violation. If the responsible party fails to remedy the violation within the stated period, the city may issue a citation for an ordinance violation and impose penalties against the owner/owner’s agent or the lender/mortgagee/responsible party for the violation.