HomeMy WebLinkAbout2008-11 11-10 CCO CITY OF BRUOKLYN CENTER
Notice is hereby given that a public hearing will be held on the l Oth day of November,
2008, at 7:00 p.m., or as soon thereafter as the matter may be heaxd, at City Hall, 6301
Shingle Creek Parkway, to consider an amendment to Chapter 12 of the City Code of
Ordinances adding new sections rela�ing to the registration and regulation of vacant
buildings.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in
adv�nce. Please notify the City Clerk at 612-569-3300 to make arrangements.
ORDINANCE NO. 2008-11
AlvT ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE (�F
�RDINANCES; ADDING NEW SECTI�NS RELATING TO THE I�EGISTRATION
AND REC'rULATION C)F VACANT BUILDINGS
THE CITY COUNCIL OF THE CITY OF BROOKLYlvT CENTER DOES ORDAP�,' �S
FOLLOWS:
Section 1. Chapter 12 is amended to add the following new Sections:
Secti�n 12-1501. POLICY. The numose of sections 12-1501 throu�h 12-1511 is to
t protect the bublic health, safetv, and welfare bv establishin� a �aro�rarri for the
identification and re�ulation of vacant buildin�s within the Citv. Sections 12-15�1�
throu�h 12-1511 alse �etermine the resnonsibiiities of owners of ca�ant buildin�s anc�
provides for administration, enforcement, ana nenalties associated with the same.
Section 12-1502, FINDINGS. Vacant buildin�s are a maior cause and sourie af bli�ht
in residential and nan-residential nei�hborhoods, esneciallv when the awner a�
�esbonsible nartv of the buildin� fails to activelv maintain and mana�e the buildin� to
ensure it does not become a liabilitv to the neighborhood� Vacant buildin�s of�en attract
transients, homeiess neonle, tresnassers, and criminals, includin� dru� abusers. Ne�lect
of vacant buildin�s, as well as use of vacant buildin�s bv transients and criminals, creates
a risk o� fire, exrlosion, or floodin� for the vacant �u�ldin� and adiacent nro�erties.
V�cant bronerties are often used as dumnin� �rouncis for iunk and debris and are often
over�rown with weeds and �rass. Vacant buildin�s-�l� that are boarc�ed un to orevent
entrv bv tr�nsients and other lor��-term u�acancies discoura�e economic develobment and
retard at�tareci�tian af nronertv values. :'here is a substantial cost to the citv for
monitorin� vacant buiidin�s whetrler or not tkose �uildin�s are boarded �zn. Th.is cost
should not be borne bti the �eneral tax�avers of the ct�mmunitv but rather thes� costs
should be borne bv those who choase to ieave their buildin�s vacant.
C1Ri'7PoiANCE Nta. 200�-11
Sectrc�n 2-1503. DEFINITIONS. The followin� definitions �hall annlv in the internretation and
enforcem�nt of sections 12-1501 throu�h 12-1511.
1. Comnliance Official the Citv Mana�er and �is the City Mana_� designated
a�ents authorized to administer and enfarce sections 12-1501 throu�h 12-1511 of
this Code.
2. Buildin� a buildin or stru ur i n d f r usiness use or human use �r
ct e des e o b
occunancv.
3. �wner those shown to be the ow or owners on the records of the Hennebin
Cuuntv Debartment of Pronertv Taxation; those identified as the Qwner or own�rs
an a vacant building� re�istration form, a holder of an unrecorded cor�tract f�r deed.
a mort�a�ee or vendee in nossession, a mort�a�or or vendor in �osses�ion, an
assi�nee of rents, a receiver, an execuior. a truste�, a lessee, o�her nerson, firr� or
cornoration in control of the freehold of the bremises or lesser �state therein. An
owner also means anv nerson, bartnershin, as�ociation, comoration, or fiduc�arv
ha�°in� a le�al or eauitable title or anv interest in the propertv or buiidin�. This
includes anv nartner, officer. or director of anv nartnershib, corboration, assaciati�n
or other legallv-constituted business entitv. All ov��ners shall have ioin� anc� several
oblisations for compliance with the nrovisions of sections 12-15�J1 t�irou�h 12-
1511 of this Code.
4. Resbonsible nartv means an owner. occunant, entitv or person actin� as an a�ent
for the owner who has direct or indirect control ar authoritv over the buildin� ar
real bro�ertv ubon which the buildin� is Iocated. Anv nartv havin� a le�a? c�r
eauitable interest in the bronertv. Resnonsible nartv mav include, but is not limited
to, a realtor, service nrovider, morteaeor. leasin� agent, mana�ement companv or
similar person or entitv.
5. �'acant buildin� a buil�in� or structur� is vacant if no berson or nersans actuailv
and currentiv conducts a lawful business or lawfullv resides or lives in anv part of
the buildin� or� a bermanent, nontransient basis in accordance with the Citv's
zonin� re�ulations.
Section 12-1504. VACANT BUILDING KEGISTRATION.
1. Annlication. The owner or resnonsible nartv must re�ister a vacant buildin� with the
Citv no later than thirtv (301 davs after the buildin� becornes vacant. The registration must
submitted on a form t�rovided bv the Citv and shall inclu�e the followin� information sunnlied
bv the owner:
a. The name, address, telebhone number. and email address, if anblicable, of each
owner or the owner's renresentative:
(�RDII�ANCE NC). 2Q�8-11
The names, addresses, telenhan� numbers, and email addresses, i� apnlicable, of ali
II known lien halders and all other narties zvith anv le�al interest in the buildin�;
c. The name, address, telenhone number. and ernail ac�dress, if annlicable. c�f a local
a�ent or berson resnansible for mana�in� or maintainin� the nrobertv;
d. The le�al descrintion, tax narcel identification nulnber, and street address of the
nremises on which the buildin� is situated;
e. A description of the nremises, includins th� commc�n address of the branertv:
The date the buildin� became vacant, the neriod of time the buildin� is �z��ected t�
remain vacant, and a nronertv nlan and timetable for returnin� the buildin� to
abbronriate occunancv or use and for correctin� code violations and nuisances, or
for demolition of the buildin�:
g. The status of water, sewer, natural eas and electric utilities.
h, The ov�ner must notifv the comnliance official of anv chan�es in information
supplied as bart of the vacant buildin� re�istration within thirtv (301 davs c�f �he
chan�e.
2. Pronertv Plan. The nronertv nlan identified in section 12-15G4f11(fl must meet t�e
follawin� reauirements:
a. General t�rvvisions. 'The nlan must comnlv with al1 aunlicable re�ulatYOns and meet
the approval of the comnliance official. It must contain a timetable re�ard��� use or
demolition of the bronertv. The nlan must be combleted within 30 davs a
after the buildin� is re�istered.
b. l�laintenanc� of buildin�. The nlan must identifv the means and timetable fcr
addressin� all maintenance and nuisance-related items identifiec� in t�e abplicatic�n.
Anv renairs, imnrovements or alterations to the nronertv must comnlv with the
annlicable buildin� codes and citv re�ulations.
c. Plan C'han�es. If the nronertv nlan or timetable for the vacant buildin� is revised in
�nv wav, the revisions must meet the ant�roval of the comnliance officia�.
d. Demolition Reauireu'. If a buildin� has rerr�ained vacant for a�eriod uf three
hundred �nd sixtv-five (36�1 consecutive davs, and the cUm�liance offic:al has not
at�nroved an alternative schedul� in th� nron�rtv nlan, the owner must aemol�sl� the
buildin� and restore the �rounds. lf the owner does not demolisl� t�ie buildi�r.�, the
citv mav commence abatement and cost �ecoverv nroceedin�s for the 'abatement ot
ihe viodation in accordance with citv code sectian 19-105.
�1ZD�TANCE N0. 2008- ll
3. Non-comnliance and Notification. If the �w dces not comblv with the bxoper�v
plan or maintain or correct nuisance items, the Citv mav commence abaternent and
recover its costs for correction of those items in accordance with citv code section 19-
105. In the case of ara. absent owner and on�oin� nuisance i�ems, t�e citv need nc�t
provide notice of each abatement act to the owner. A sin�le notice bv the citv to the
owner that it intends to nrovide oneoin� abatement until the owner corrects the itencas
will be sufficient notice.
4. Exemptions.
a. Fire Dama�e. A buildin� that has suffered fre dama�e is exembt from th�
re�istration reauirement for a neriod of ninetv (901 davs after the date of the fire if the
owner submits a reauest for exemntion in writin� to the comnliance official. A rea�zest
for exemntion must be annroved bv the code official and inc�ude the foliowin�
infornlation subnlied bv the owner:
i. A descrintion of the bremises;
ii. The name and address of owner or owners;
iii. A statement of intent to renair and reoccunv the buildinE in an exneditious
manner and the time frame for comnletion:
iv. Actions the owner will take to ensure the bronertv does not become a nuisance
for the nei�hborhood.
b. "Snowhirds." Those nersons who leave their residential buildings on a tem�orarv
basis for vacation nuruoses or to reside elsewhere durin� the winter season and have th�
intent to return are exembt from the re�istration reauirement. Exembtion a� a
"snowbird" will be �ranted with nroner verification
5. Fees. The owner must nav an annual re�istrati�n fee. The re�istration fee wili be in an
amount adonted bv resolution b�� the Citv C�unciL The amount of the regystr�tion fee
shal� be reasonablv related to the administrative costs for re�isterin� and �rocessin� �he
re�istration form and for the costs of the Citv in monitorin� the vacant buildin� site.
The fee must be naid in fuli �riar to the issua��ce of anv buildin� nermits or licens:,s,
with the excention of a demolition nermit.
6. Waiver of Fee. The re�istration fee mav be waived if the owner or resboa�sible nartv
has baid all nast due re�istration fees and all oth�r inancial obligations and debts owed
to the Citv that are associatec� with the �vacant nranertv and demonstrates. to the
satisfaction of the comnliance officiaL•
a. that the nronertv is re-occunied. with the excention ai derr�olation. within a neriod
of time deemed reas�nable to the comnli«nce _official•�and either
�IZDINAIv`CE NO. 2008-11
b. that he or she is in the nrocess of demolitic�n, rehabilitation, or other substantial
renair of the vacant buildin�; or
c. that he or she has a�lan for the +�m° r*'�° demolition,
rehabilitation, or other substantial renair of the vacant buildin� in a neriod of time
that is deemed reasonable t� the comnliance official:
�7. Assessment. If the registration fee or anv nortian is not naid within 60 davs after
billin�, ur within 60 davs after anv anneal becomes final, the Citv Council mavi certifv
the unpaid cost a�ainst the nronertv in accordance with the nrocess set forth in section
19-105 of this code.
�8. Issuance of Permit. Unon comnletion of the re�istration nrocess and navment of the
fee, the Citv will issue a Vacant Buildin� Permit to the owner. The owner must
securelv nost the nermit on the vacant buildin�. �f nossible, on a side entrance door tha�
is not �enerallv visible from the nublic street. If no side entrance door is availa�le, the
�ermit must be securelv nosted on another available entrance door. If the �ronertv �s
abandoned or �he owner or resnonsible nartv fails to comnlete the re�istration nr�cess,
the propertv will be administrative�v registered as a vacant nropertv.
Section 12-1505. CHANGE OF OW�IERSHIP. A new owner(sl must re�ister or re-register a
vacant buildin� under section 12-1504 within fifteen (151 davs of anv transfer of an ownershib
interest in a vacant buildin�. The new owner(sl must comnlv with the annroved nrox�ertv nlan
and timetable submitted bv the nrevious owner. Anv nronosed chan�es in the nrobertv nlan must
be submitted and apbroved bv the camnliance official.
Section 12-15U6. INSPECTIONS. The comnliance official mav insnect anv vacant bu�ldine in
the Citv for the nurnase of enforcin� and assurin� corrabliance with sections 12-1�01 throu�h 12-
1511 and �ther annlicable re�ulations. Ubon the reauest of the comnliance official, an awner or
responsible r�artv must nrovide access to ail interior �ortions of the buildins and the exterior af
the broaertv in order to comnlete an insnection. If the owner or resnonsible aartv is not availablz
to nrovide access to the interior �f the buildin�, the Cit� mav use anv le�al means to �ain
entrance to the buildin� for insnection nurnoses. Prior to anv re-occunancv, a vacant buildin�
must be insnected bv the Citv and found to be in combliance with Chanter 12 �f the Citv Cod�
i u���R'� and a11 other aronlicable re�ulations. All abblication and
reinsnection fees must also be naid nrior to anv reoccunancv of the buildin�. All such fees are
set bv Resolution of the Citv CounciL
Section 12-1507. MAINTENAI�TCE OF VACANT BUILDI?�TGS. The owner must complv with
and address the followin� items in the nronertv nlan, as described in sectiun 12-1504(21:
1. Annearanee. All vacant buildin�s must be so znaintained and kebt that thev annear tQ
be occubied.
Qd�1Jd1Vt"i1V�.�li 1V�. Z�l��'l l
2. Securin�. .�11 vacant buifld�n�s must be seLUre� fram outside entr� bv unauthorized
persons or bests. Securitv mus� be bv the normal buildin� amznities such as windc�ws
and doors havan� adeauate stren�th to resist int.usion. All c�oars and wi�d�ws must
remain locked. There shall be at least one oberable door into everv building and into
each housin� unit. Exterior walls and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural Uanels mav
be used to secure windows, doors and other obenin�s nrovided thev are cut to fit
the obenin� and match the characteristics of the buildin�. Architectural nanels mav
be of exterior �rade-finished nlvwood or Medium Densitv Overlaid blvwocd
(MDOI that is bainted to rtxatch the building exterior or c�vered with a refl�,ctive
material such as plexi-�lass t� simulate windovvs.
b. Temporarv Securin�. Untreated nlvwood or similar structural nanels or temnorard
construction fencin� mav be used to secure windows, doors and other �n�nin�s f�r
a maximum period of 14 davs.
c. "`Artistic tioard-uz�. With nrior abbroval of the comnliance offici�l, artistic
�btions mav be utilized to secure a vacant buildin�.
d. Emer�encv securin�. The comnliance Ufficial mav take stens to immediat�i��
secure a vacant buildin� at his or her discretion in emer�encv circumstances.
3. Fire Safetv.
a. Fire protection svstenzs. Owners of non-residentiai vacant buildin�s must
maintain all fire nrotection svstems, annliances and assemblies in oneratin� condition
and maintain underwriter laboratories �(UL) monitorin� of all svstems.
b� Removal of hazardous and combustible materials. The owner of anv vacarXt
buildin�, or vacant bortion thereof. must remove all hazardous material and hazardous
refuse that Gould constitute a fire hazard or contribute to the snread of fire.
4. Plumbin� fixtures. Plumbin� fixtur�s connected to an annroved' vvater svstem, an
appraved sewa�e svstem or an annrov natural �as �tilitv svstem must be installetl in
accordance with annlicable codes and be maintained in sound condition and �ood renair
or removed and the service terminated in the manner nrescribed bv annlicable codes.
The building's water svstems must be brotected from freezin�.
5. Electrical. Electrical service lines, wirin�, Qu�lets or fixtures not installed or
maintained in accordance with annlicabie codes must be renaired, r�moved or the
electrical services terminated to the buildin� in a.�corddnce with anblicable codes.
6. Li�htin�. All exterior li�htin� fixtures must be maintained in �ood renair, and
illumination znust be nroviaed to the buildin� and all walkwavs in the same manner as
ORDINANCE NO. 20U8-11
provided at the time the buildin� was last occunied or as otherwise brovided i� the
abbroved vacant buildin� nlara.
7. Heatin�. Heatin� facilities or heatin� eauinment in vacant buildin�s must be removed,
rendered inonerable, or maintained in accordance with abnlicable codes.
8. Termination of utilities. The comnliance official mav reauire that water. sewer,
electricitv, or �as service to the vacant buildin� be terminated or disconnected. Prior to
the termination of anv utilitv service, written natice must be �iven to the awner. No
utilitv mav be restored until consent is �iven bv the combliance official: Utiliti�s ma�.
be discr�ntinued at the reauest of the owner or resbonsible nartv as �art of the abbroved
vacant building bronertv nlan. 1 he combliance official mav authorize immediate
termination of utilities at his or her discretion in emer�enev circumstances.
9. Si�na�e. Obsolete or unused exterior si�ns and installation hardware must be removed.
Holes and benetrations must be nronerlv natched and nainted to match the building.
Surfaees beneath the si�ns that do not match the buildin� must be rebaired, xesurfa�ed,
painted or otherwise altered to be comnatible with the buildin� surfaces.
All si�ns must be maintained in �ood condition and in cornpli�nce with Chapter 34 c�f
this code. Auction signs or attention-�ettine devices mav be nlaced on a prop�rtv far z�o
more than fourteen (141 consecutive davs nrior to the auction date and rriust be remoded
within three (31 davs followin� the auction.
10. Exterior maintenance. The owner must com�lv with a11 a�nlicable brobertv
maintenance re�ulations and citv codes includin�� but not limited to, the followin�:
a. Public nuisances. The owner must eliminate anv activitv on the bronertv thai
constitutes a nublic nuisance as defined bv section 19-I03 of the �itv code.
b. Grass cznd weeds. Anv �veeds or �rass must be no �reater than six (61 inc�es in
hei�ht.
c. Exterior structur� inainienance. The owner must maintain �he vacant bui�din� in
cornnliance with sections 12-701 throu�h 12-713 as determined te b� necessarv b�,� t�e
code official.
d. Abandonecl or iunk vehicles. The o�,mer must remove abandoned and iunk
vehicles from the nronertv. The Citv rnav imnound such vehicles consistent with the
reauirements in Lhanter 19 of the citv code.
e. Stora�e and disnos�xl of refuse. The stora�e and disnosal of refuse must comnlv
with the reauirements of Chanter 7 of the citv code.
Animals. The owner must ensure that all ar�imals are removed from the nrovertv
and handled in a humane manner.
Diseased, dead or hazardous trees. The owner must remove diseased, r�ead' or
hazardous trees or branches from the nronertv in accordance with Chapter 20 of the citv
cade.
h. Graffiti. The owner must remove all �raffiti frorn the brobertv in accordance wi�h
c�tv ordinance.
ORDINA�T�E NO. 2008-11
i. Abandoned nools. Swim�nin� noois must be maintained in �ood oberatin�
condition; treated to nrevent nest harbora�e; or bronerlv drained and empti�d.
Swimming nools must be secured in accordance w�th citv code section 19�1402.
11. Removal of garba�e and refuse. The owner of anv vacant buildin�, or vacant �c�rtion
thereof, must remove all �arba�e, refuse. rubbish, swill, filth, or other materials �rom
the ��acant building and the nronertv unon which the L�uilding is located.
12. Police brotections svstems. The owner must mronerlv maintain all alarm svstems in
anv �acant buildin� or bortion thereof in oneratins condition.
13. Loiterin�. criminal activities. Loiterin� or en�a�in� in criminal activities is not
allowed in the vacant buildin� or on the real nronertvunon which the vacant buildin� is
located. The owner or resnonsible nartv must nof allow these activities a.nd take
immediate actions to eliminate these conditions once notified bv the citv.
14. Emer�encv Abatement. The comnliance official mav authorize imme�iiate abateinent
of anv public nuisance or maintenance item if, in the discretion of the combliance
official, emer�encv circumstances exist that nresent an imminent threat to the public
health and safetv.
I5. Other Codes. All other citv codes and annlicable re�ulations must be comnlied with,
Section 12-1508. NO OCCUPANCY OR TRESPASS. No nerson mati� tresnass, occut�v or
reside in, c�n a temborarti or nermanent basis, anv vacant buildin� without the owner's consent.
Section �2-1509. VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No nersc�n ma�
vandalize or remove items from a vacant buildin� or the nronertv unon which it is located.
includin�, but not limited to, annliances, fixtures, electrical wirin�, conner, or other sianilar items
without the owner's consent.
Section 12-15iU. APPEAL. Anv nerson or resnonsible nartv a�srieved bv a decision under
sections 12-1501 throu�h 12-1509 mav anneal to the Citti� Council. The abbeal must be in
writin�, must sbecifv the �rounds f�r the anneal, and must be submitted ta the Citv I��ana�er
within ten �usiness davs of the decision that is basis of the amneaL
Section 12-1511. PENALTIES. Anv nersan or resnonsible nartv who violates sections 12-1501
throu�h 12-1510 is subiect to the nenaltv as arovided under section 12-1205 of this code.
Nothing in s�ctions 12-1501 throu�h 12-1511, however, is deemed to impair other remedies or
civil �enalties available to the Citv under this code or state law, includine, but not limited to,
Minnesota Statutes Sections 463.15 throu�h 463.261.
Section 2. This ordinance shall become effective after adoption an�l after thirty (30) days
following its legal publication.
Adopted this 1 O day of November, 2008.
QRD1IvANCE NO. 2C108-11
�a� C ���s....,�,,;
Mayor
AT�'EST:
i
4�� �'llU7/� �f11Y,1���
City Clerk
Date of Publication: November 20, 2008
Effective Date: December 20, 2008
(Underline indicates new matter; double underline indicates matter added since first reading,
�trikzout indicates matter to be deleted.)