Sec. 13-160. - Definitions.

For the purpose of this article, the following words and phrases have the meanings respectively ascribed to them by this section:

Boarding up. Covering entirely all window, door and similar openings with a minimum of three-eighths (⅜) inch thick exterior plywood, fitted into said openings, and secured by nails, screws or other approved devices. All coverings provided with a protective coat of paint or other approved weather-resistant material which is consistent with the exterior color scheme of the building.

Director. The director of the department of codes compliance or such director's authorized representative.

Owner. The holder of title in fee simple; and/or any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who alone or jointly or severally with others:

(1)

Shall have legal title to any building or building unit with or without accompanying actual possession thereof.

(2)

Shall have charge, care or control of any building or building unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee, or other person, firm or corporation in control of a building; or their duly authorized agents.

Any such person, group of persons, company, association or corporation shall have joint and several responsibility for compliance with the provisions of this article.

Secure against unauthorized entry. Secured in such a manner as to exclude unauthorized entry by humans, animals and birds.

Vacant or unoccupied building. Any building or structure which is not occupied, used or inhabited on a regular and continuing basis by some person with a valid claim of right to possession or a fee simple title. The intrusion of trespassers or squatters into such buildings on any basis shall not render such building occupied or nonvacant within the meaning of this article.

(Ord. No. 5365-99)

Sec. 13-161. - Closure required.

The owner of any building shall, whenever the same is or becomes vacant or unoccupied, remove therefrom all paper, debris and other waste material accumulated therein, and shall securely close and lock and thereafter keep closed and locked all doors, windows and other openings into such building so long as it shall remain vacant or unoccupied. The owner shall also maintain the building and premises in a clean, sanitary and safe condition in compliance with the Uniform Statewide Building Code.

(Ord. No. 5365-99)

Sec. 13-162. - Registration and permits required.

Whenever any building in the city is or hereafter becomes vacant or unoccupied and the building or any of its doors, windows or other openings cannot be securely closed by the conventional means used in the design or the building, as required by section 13-271 herein, the owner of such building shall, within fifteen (15) days thereafter, secure said building against unauthorized entry by boarding up or by some other approved method; shall register such building with the director.

The owner or owners of any building which has been vacant for a continuous period of twelve (12) months or more shall register such building with the director and obtain a permit therefore on an annual basis. A new registration shall be required whenever the information provided in the initial registration changes. The new registration shall be filed with the director within ten (10) days after such change.

(Ord. No. 5365-99; Ord. No. 5834-02, § 1)

Sec. 13-163. - Registration and permit forms; letters of certification; nonassignable.

Registration shall be made on forms supplied by the director for such purpose and shall include the names and addresses of all persons having any interest in the premises, the name and address of the person who shall be responsible for compliance with this article, the facts and conditions of such vacancy, the date the said building became vacant and the length of time the building is expected to remain vacant or unoccupied.

Permits shall be on forms supplied by the director for such purpose and shall include the name of the person to whom issued, the full address of the building covered, a statement that the required fees have been paid, and the expiration date of the permit. No permit or registration shall be assignable.

Letters of certification shall be on forms supplied by the director for such purpose and shall include a statement certifying that the building is secured against unauthorized entry and that the information provided on the initial registration forms remain unchanged.

(Ord. No. 5365-99)

Sec. 13-164. - Inspections.

Upon registration of any such building or upon any such building coming to his attention, the director shall cause inspection to be made of the premises to determine the condition of such building and premises and to detect all fire, safety or health hazards.

(Ord. No. 5365-99)

Sec. 13-165. - Fees.

An annual fee of twenty-five dollars ($25.00) shall apply to each building required to be registered by section 13-162. The initial fee shall be due at the time of the registration required under section 13-162. Upon registration, the building shall be inspected by the director to insure that it complies with this article and all applicable laws, including building and property maintenance codes. Failure to register shall be a fifty dollar ($50.00) civil penalty; however, failure to register in conservation and rehabilitation districts designated by the governing body, or in other areas designated as blighted pursuant to Section 36-49.1:1, of the Code of Virginia, 1950, as amended, shall be punishable by a civil penalty not exceeding two hundred fifty dollars ($250.00). Notice shall be mailed to the owner or owners, at the address to which property tax notices are sent, at least thirty (30) days prior to the assessment of the civil penalty.

(Ord. No. 5365-99; Ord. No. 5834-02, § 1)

Sec. 13-166. - City may secure buildings; charges collected as taxes and may become liens.

After reasonable notice and reasonable time to secure a building has been given pursuant to this article, the city manager or his designee may cause such building to be secured by city employees or agents of the city. The cost or expenses of such action shall be chargeable to and paid by the owner(s) of the property and may be collected as taxes and levies are collected. A fee for adminis trative costs of one hundred fifty dollars ($150.00) shall be charged to such person to whom the notice was directed. Every charge authorized by this section with which the owner(s) of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property.

(Ord. No. 5365-99)

Secs. 13-167—13-169. - Reserved.