The city, exercising its police powers to preserve the general welfare of the city, promote economic viability and prevent urban blight, hereby establishes minimal property maintenance standards. Beyond being secured so that a building is not a danger or an attractive nuisance, all property within the city shall be maintained to the minimal property maintenance standards as listed below. (Ord. 1070, 2010)
17.130.020: DEFINITIONS:
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DAMAGED OR DILAPIDATED BUILDING: Any structure that has suffered significant damage or deterioration either from age, lack of care, or abandonment or natural or manmade calamity to the degree that the exterior of the building walls, roof, doors and windows are burnt out, falling down, or are significantly patched or boarded or are structurally unsound.
UNFINISHED BUILDING: Any structure where construction has commenced but has been discontinued for a period of six (6) months and/or has not been finished in accordance with the approved building permit and cannot be certified for occupancy or final building inspection. (Ord. 1070, 2010)
All damaged, dilapidated or unfinished buildings shall be restored or finished to eliminate the detrimental visual damage or visual impact of the building(s). A property owner shall take steps to restore or finish the building(s) per plans approved by the administrator. No building or premises shall detrimentally impact the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment or unfinished construction and render the enjoyment of the property essentially uncomfortable or inconvenient to the neighborhood. (Ord. 1070, 2010)
17.130.040: RESTORATION OF A DAMAGED OR DILAPIDATED BUILDING OR COMPLETION OF AN UNFINISHED BUILDING:
Restoration of a damaged or dilapidated building or completion of work on an unfinished building shall begin within six (6) months of the building becoming damaged or dilapidated or being deemed unfinished by the city. The city may require that such buildings that are also unoccupied be secured (fenced or boarded up) during the six (6) month period. This deadline may be extended by the administrator upon submission of documentation of insurance settlement delays or similar complications beyond the owner's control. Restoration of a damaged or dilapidated building, or completion of an unfinished building shall be completed within one year from the date that the restoration work or unfinished construction work is initiated. (Ord. 1070, 2010)
17.130.050: ENFORCEMENT PROCEDURES:
A. If a building is not maintained at a minimal property maintenance standard for six (6) months or no efforts to restore or finish a building have begun within six (6) months or completed within one year after restoration or construction work has begun, the city shall order the owner of the property to attend a prescribed council meeting to address the reason(s) as to why the building has not been restored or completed. If the address of the owner of said building can be obtained through reasonable efforts, then the owner shall receive notice of said meeting via certified mail. Otherwise notice shall be sent to the owner of property as it appears on the last equalized assessment roll of Jerome County, or as otherwise known to the administrator. Removal of the damaged, dilapidated or unfinished building shall be ordered only if the following findings are made:
1. The building meets the definition of a "damaged or dilapidated building", or "unfinished building"; and
2. The building has existed in a damaged or dilapidated or unfinished state for a period of at least six (6) months; or
3. The building has not been maintained at the minimal property standards for a period of six (6) months; and
4. The property owner has previously received written notice that the building is in violation of this code and must be restored or finished; or notice has been sent to the owner of property as it appears on the last equalized assessment roll of Jerome County, or as known to the administrator.
B. The council, upon finding that the building is damaged, dilapidated or unfinished, and that the property owner has not commenced or completed restoration or finished the building within the time frames as set forth in this chapter, may proceed to obtain bids to restore the building or clear the site of the offending building. The fact that the building is not a danger or attractive visual nuisance shall not be a defense for failing to restore or finish a building. (Ord. 1070, 2010)
17.130.060: RESTORATION AND DEMOLITION FUND:
The city shall establish a revolving fund to be designated for building restoration and demolition pursuant to this chapter. Payments shall be made out of this fund upon the direction of the council to defray the costs and expenses associated with restoration or demolition of said building. (Ord. 1070, 2010)
17.130.070: RECOVERY OF COST OF RESTORATION OR DEMOLITION:
The city clerk/treasurer's department, in coordination with the administrator, shall keep an itemized account of the expenses incurred with restoration or demolition of a building. A certified mailed copy of said assessment shall be sent to the property owner. If the property owner does not respond within sixty (60) days, then the city may recover costs of the abatement in a civil action or by filing a certified copy of the assessment with the Jerome County recorder on or before August 1 of the year and/or other legal proceeding initiated by the city. The description of the parcel(s) reported shall be those used for the same parcel(s) on the Jerome County assessor's map for the current year. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum or the current interest rate if higher, from and after said date. All money recovered by payment of the charge or assessment or from the sale of the property at a foreclosure sale shall be paid to the city of Jerome, who shall credit the same to the restoration and demolition fund. (Ord. 1070, 2010)
Jerome City Zoning Code
CHAPTER 17
130 MINIMAL PROPERTY MAINTENANCE
17.130.010: PURPOSE:
The city, exercising its police powers to preserve the general welfare of the city, promote economic viability and prevent urban blight, hereby establishes minimal property maintenance standards. Beyond being secured so that a building is not a danger or an attractive nuisance, all property within the city shall be maintained to the minimal property maintenance standards as listed below. (Ord. 1070, 2010)
17.130.020: DEFINITIONS:
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DAMAGED OR DILAPIDATED BUILDING: Any structure that has suffered significant damage or deterioration either from age, lack of care, or abandonment or natural or manmade calamity to the degree that the exterior of the building walls, roof, doors and windows are burnt out, falling down, or are significantly patched or boarded or are structurally unsound.
UNFINISHED BUILDING: Any structure where construction has commenced but has been discontinued for a period of six (6) months and/or has not been finished in accordance with the approved building permit and cannot be certified for occupancy or final building inspection. (Ord. 1070, 2010)
All damaged, dilapidated or unfinished buildings shall be restored or finished to eliminate the detrimental visual damage or visual impact of the building(s). A property owner shall take steps to restore or finish the building(s) per plans approved by the administrator. No building or premises shall detrimentally impact the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment or unfinished construction and render the enjoyment of the property essentially uncomfortable or inconvenient to the neighborhood. (Ord. 1070, 2010)
17.130.040: RESTORATION OF A DAMAGED OR DILAPIDATED BUILDING OR COMPLETION OF AN UNFINISHED BUILDING:
Restoration of a damaged or dilapidated building or completion of work on an unfinished building shall begin within six (6) months of the building becoming damaged or dilapidated or being deemed unfinished by the city. The city may require that such buildings that are also unoccupied be secured (fenced or boarded up) during the six (6) month period. This deadline may be extended by the administrator upon submission of documentation of insurance settlement delays or similar complications beyond the owner's control. Restoration of a damaged or dilapidated building, or completion of an unfinished building shall be completed within one year from the date that the restoration work or unfinished construction work is initiated. (Ord. 1070, 2010)
17.130.050: ENFORCEMENT PROCEDURES:
A. If a building is not maintained at a minimal property maintenance standard for six (6) months or no efforts to restore or finish a building have begun within six (6) months or completed within one year after restoration or construction work has begun, the city shall order the owner of the property to attend a prescribed council meeting to address the reason(s) as to why the building has not been restored or completed. If the address of the owner of said building can be obtained through reasonable efforts, then the owner shall receive notice of said meeting via certified mail. Otherwise notice shall be sent to the owner of property as it appears on the last equalized assessment roll of Jerome County, or as otherwise known to the administrator. Removal of the damaged, dilapidated or unfinished building shall be ordered only if the following findings are made:
1. The building meets the definition of a "damaged or dilapidated building", or "unfinished building"; and
2. The building has existed in a damaged or dilapidated or unfinished state for a period of at least six (6) months; or
3. The building has not been maintained at the minimal property standards for a period of six (6) months; and
4. The property owner has previously received written notice that the building is in violation of this code and must be restored or finished; or notice has been sent to the owner of property as it appears on the last equalized assessment roll of Jerome County, or as known to the administrator.
B. The council, upon finding that the building is damaged, dilapidated or unfinished, and that the property owner has not commenced or completed restoration or finished the building within the time frames as set forth in this chapter, may proceed to obtain bids to restore the building or clear the site of the offending building. The fact that the building is not a danger or attractive visual nuisance shall not be a defense for failing to restore or finish a building. (Ord. 1070, 2010)
17.130.060: RESTORATION AND DEMOLITION FUND:
The city shall establish a revolving fund to be designated for building restoration and demolition pursuant to this chapter. Payments shall be made out of this fund upon the direction of the council to defray the costs and expenses associated with restoration or demolition of said building. (Ord. 1070, 2010)
17.130.070: RECOVERY OF COST OF RESTORATION OR DEMOLITION:
The city clerk/treasurer's department, in coordination with the administrator, shall keep an itemized account of the expenses incurred with restoration or demolition of a building. A certified mailed copy of said assessment shall be sent to the property owner. If the property owner does not respond within sixty (60) days, then the city may recover costs of the abatement in a civil action or by filing a certified copy of the assessment with the Jerome County recorder on or before August 1 of the year and/or other legal proceeding initiated by the city. The description of the parcel(s) reported shall be those used for the same parcel(s) on the Jerome County assessor's map for the current year. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent (10%) per annum or the current interest rate if higher, from and after said date. All money recovered by payment of the charge or assessment or from the sale of the property at a foreclosure sale shall be paid to the city of Jerome, who shall credit the same to the restoration and demolition fund. (Ord. 1070, 2010)