Unified Development Ordinance

Sec. 11.9.11. Vacated and Closed Nonresidential Buildings or Structures

Sec. 11.9.11. Vacated and Closed Nonresidential Buildings or Structures aaron.sheppard… Wed, 05/24/2023 - 10:38
  1. If the City Council has adopted an ordinance or the code enforcement coordinator or officer has issued an order requiring the building or structure to be repaired, altered, or improved or vacated and closed and the building or structure has been vacated and closed for a period of 2 years pursuant to the ordinance or order, then if the City Council finds that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the City in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat  to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area, then City Council may, after the expiration of the 2-year period, adopt an ordinance and serve such ordinance on the owner, setting forth the following:
    1. The ordinance shall require that the owner either (i) demolish and remove the nonresidential building or structure within 90 days or (ii) repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article within 90 days.
    2. The ordinance shall require that if the owner does not either (i) demolish and remove the nonresidential building or structure within 90 days or (ii) repair, alter, or improve the nonresidential building or structure to bring it into compliance with the minimum standards established by this Article within 90 days, then the code enforcement coordinator or officer shall demolish and remove the nonresidential building or structure.
  2. In the case of a vacant manufacturing facility or a vacant industrial warehouse, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of 5 years before City Council may take action under this section.
  3. If the owner fails to comply with the requirements of the ordinance within 90 days, the code enforcement coordinator or officer shall demolish and remove the nonresidential building or structure.