(a) Purpose
Recognizing that vacant buildings and properties contribute to blight in both residential and non-residential areas, discourage economic development and hinders 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. Maintenance of the public health, safety, and welfare thus requires the City to maintain an accurate registration of all vacant buildings and properties.
(b) Definitions
(1) Building means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for residential, commercial or industrial purposes.
(2) City means the City of Goddard, Kansas.
(3) Chronic Vacancy means any building or property vacant 1 year after initial registration.
(4) Commercial means any nonresidential structure or property in an area that is zoned commercial.
(5) Industrial means any nonresidential structure or property in an area that is zoned industrial.
(6) Owner means the person, persons or entity identified as the owner of the parcel with the Sedgwick County Appraiser’s Office, and any agent identified by a nonresident owner.
(7) Residential means any residential structure or property in an area that is zoned residential.
(8) Unsecured means that access to the building may be obtained through open, unlocked, broken or missing doors or windows of such building.
(9) Vacant Building means a building or property 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. A residential, commercial or industrial building or property will be considered vacant when found to be in the above condition for more than twelve (12) months and subject to the registration requirements found in Section 4-1202.
(Ord. 1001)
(a) The owner of a vacant building or property must register the building with the City designated officer within twenty (20) days of written notice provided to the owner or the owner’s resident agent of the existence of the vacant building. Such notice shall be served on the owner or resident agent by personal service or by return receipt requested, which may be affected by certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service. If the owner is a non-resident of the City, such notice shall be sent by return receipt delivery, to the last known address of the owner.
(b) The City shall also accept notifications by mail or electronic transmissions of a building or property that meets the definition of a vacant building or property as defined in Section 4-1201(b)(9) and shall pursue registration of said building or property in accordance with the provisions of this Article.
(c) The required registration shall be submitted on the form provided by the City or available on the City’s website, which form shall include the name, current mailing address, phone number, email address and any other contact information of the owner; the names and addresses of all known lien holders and all other parties with a legal or equitable interest in the building; the common address of the building, as well as the tax map, map block, parcel tax identification and sale or rental price. The form shall also include the period of time the vacant building is expected to remain vacant, and a detailed plan and timetable for either:
(1) Returning the vacant building or property to appropriate occupancy or use; or
(2) Marketing the property pursuant to the requirements of subsection (d) of this Section.
(d) Pursuant to the registration requirements of this subsection, for every subsequent year a building remains vacant beyond the initial registration, the owner of the vacant building must:
(1) Re-register the building or property, including appropriate fees, and
(2) Submit an updated plan for either returning the vacant building or property to appropriate occupancy or use, or marketing thereof.
(e) If the owner of the vacant building does not resident in Sedgwick County for at least six (6) months a year, then they must provide the information for a resident agent with authority to act with respect to the property, including name, current mailing address, phone number, email address and any other contact information of the owner’s agent.
(f) Any subsequent owner of a vacant building or property must register or re-register the building with the City designated officer within thirty (30) days of any transfer of any ownership interest in the vacant building.
(g) The owner of a vacant building or property must keep the building and any adjoining property secure, safe and maintained in compliance with all federal, state and local laws.
(h) A registration fee in accordance with the City’s master fee schedule shall be collected by the City designated officer at the time of registration or re-registration. At the time of adoption of Ordinance No. 1001, the fee shall be start at $20.
(Ord. 1001)
The following vacant buildings or properties shall be exempt from the registration fees required by Section 4-1202(h), but must still comply with all other registration requirements under Section 4-1202:
(a) All buildings and properties which are actively marketed as “for rent” in a newspaper or in a recognized online website listing at a fair market value rental rate based upon market rental rates for comparable properties. It is the obligation of the vacant building owner to produce evidence of active marketing to claim this exemption. In the event that active rental marketing ceases, the vacant building in question shall be subject to the registration fees provided for in Section 4-1202(h), which shall immediately become due and owing to the City.
(b) All buildings or properties 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 vacant building owner has the obligation to produce evidence of active marketing in order to obtain this exemption. In the event that the active “for sale” marketing ceases, the vacant building in question shall be subject to the registration fees provided for above and shall immediately become due and owing to the City.
(c) Any vacant residential 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 vacant building as a dwelling within 180 days. Failure to actually resume use of the vacant building as a dwelling within 180 days will result in the imposition of the registration fee that was exempted under this section.
(d) An owner who acquires a vacant building or property for which the registration fee has already been paid for the calendar year period shall register the change of ownership with the City but is not liable for an additional registration fee for that calendar year.
(Ord. 1001)
(a) Any owner who fails to register a vacant building under this article, as required by Section 4-1202, may be liable for a civil penalty not to exceed fifty dollars ($50.00).
(b) If the building continues to meet the definition of a vacant building for a period of ninety (90) calendar days beyond the required registration or re-registration date, and the owner fails to register or re-register such building, the City designated officer may assess a penalty of one-hundred dollars ($100.00) for each ninety (90) calendar day period the building continues to be unregistered. At no time may the amount of the assessment exceed four-hundred dollars ($400.00) per building in a calendar year.
(c) If a building or property is vacant more than 1 year after initial registration, it may be classified as a chronic vacancy, as defined in Section 4-1201, and shall be subject to a fee of $250.00 per year for residential and $500.00 per year for commercial or industrial with a 10% annual increase for each category. Funds derived from said fee shall be used to offset the City’s cost of annual inspections and incentives as found in Section 4-1202 of this Code.
(d) All penalties assessed shall be payable directly to the City.
(e) Any and all civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties shall permit the City to pursue any and all available legal remedies for the enforcement and collection of such penalties, including, but not limited to, filing a lawsuit to seek recovery of such penalties and/or injunctive relief, abatement of nuisances in accordance with the Code, or any other appropriate action or proceeding. The City shall be entitled to recover reasonable attorneys’ fees and costs of collection from the property owner in the event that it prevails in a lawsuit hereunder.
(f) Upon failure to register a vacant building, as required by Section 4-1202, a Notice of Registration Penalty may be issued to the owner.
(1) A separate Notice shall be issued for each subsequent penalty that may be assessed pursuant to Section 4-1204.
(2) The Notice shall be served upon the owner by return receipt delivery or personal service.
(3) This section in no way limits the penalties, actions or abatement procedures which may be undertaken by the City for a violation of any other ordinance or provision of the City Code or any other statue or law.
(Ord. 1001)
(a) The City’s designated officer or their appointee may inspect or cause to be inspected any premises in the City for the purposes of enforcing and assuring compliance with the provisions of this Article and safeguarding the health, safety and welfare of the general public. Upon the request of the City designated officer, an owner shall provide access to all interior portions of any vacant building or suspected vacant building in order to permit a complete inspection.
(b) The City’s designated officer is authorized to enter and inspect, or cause to be inspected, all vacant buildings and premises for the purpose of conducting an annual code compliance inspection.
(Ord. 1001)