Chapter 5.40
VACANT STRUCTURE REGISTRATION AND MAINTENANCE REGULATIONS
Sections:
5.40.040 Evidence of vacant structure.
5.40.050 Registry of vacant structure.
5.40.060 Vacant structures to be registered.
5.40.070 Registration form—Content.
5.40.090 Requirement to keep information current.
5.40.100 Maintenance and security requirements.
5.40.110 Monitoring of structure—Fee.
5.40.115 Open structure—Securing fee.
5.40.120 Fire damaged structure.
5.40.140 Violations, penalties.
5.40.010 Purpose.
The purpose of this chapter is to help protect the health, safety and welfare of citizens by preventing blight, protecting property values and neighborhood integrity, avoiding the creation and maintenance of nuisances and promoting the safe and sanitary maintenance of dwellings, commercial, industrial and nonprofit buildings. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.020 Definitions.
(a) “Certificate of occupancy” as defined under the State of Alaska Construction Code Act.
(b) “Record owner” means any person who has the right to possess, convey or occupy a specific building or structure.
(c) “Vacant structure” means a building or structure that is not legally or currently occupied. “Vacant structure” does not mean property that is temporarily unoccupied while the record owners or residents are away on vacation, personal matters, or business and is not intended by the record owner to be left vacant more than nine consecutive months, except for structures located in the resource development zoning district.
(d) “Junk” means old or scrap copper, brass, iron, steel or other metals, or materials including but not limited to tires, household appliances, furniture, rope, rags, batteries, glass, rubber debris, waste, trash, construction debris, plumbing fixtures, or any discarded, dismantled, wrecked, scrapped, or mined motor vehicle or parts thereof.
(e) “Junk motor vehicle” means a discarded, dismantled, wrecked, scrapped or mined passenger motor vehicle or parts thereof, an unregistered motor home not connected to water and/or sewer, or a passenger motor vehicle other than an on-premises utility vehicle which is allowed to remain unregistered and uninsured for a period of thirty days from the date of discovery. (Ord. O-17-09-02A § 1, 2017; Ord. O-16-04-01A § 3 (part), 2016)
5.40.030 Scope.
The provisions of this chapter shall apply to all owners of record of existing or new structures or new structures within city boundaries, except for structures located within the resource development district. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.040 Evidence of vacant structure.
Evidence of vacant structures may include any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the structure is vacant. Such conditions include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; boarded up windows; abandoned vehicles, auto parts or materials; the absence of or continually drawn window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with habitation or occupancy; written or oral statements that the structure is vacant based on personal observation and belief by neighbors, passersby, delivery agents or utility agents, the city manager, building inspector, department of public works or police and fire department employees. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.050 Registry of vacant structure.
The city manager or designee shall establish and maintain a registry of vacant structures. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.060 Vacant structures to be registered.
Record owners of vacant structures are required to register all such structures within ninety days of the first day of vacancy. Structures that are vacant as of July 1, 2016, must register no later than October 1, 2016. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.070 Registration form—Content.
Vacant structures shall be documented using a vacant structure registration form, as prepared by the city building inspector, containing the following information:
(a) The name of the record owner of the structure.
(b) A mailing address where mail may be sent that will be acknowledged as received by the record owner. If certified mail/return receipt requested is sent to the address and the mail is returned marked “refused” or “unclaimed,” or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the record owner has failed to comply with this requirement.
(c) If known, the name of an individual responsible for the care and control of the structure. Such individual may be the record owner, if the record owner is an individual, or may be someone other than the owner with whom he/she has contracted.
(d) The current street address of the structure.
(e) A current phone number, fax, and email address (if fax and email addresses are available) where communications may be sent that will be acknowledged as received by the record owner or individual responsible for the care and control of the structure. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.080 Registration fee.
The registration fee shall be twenty-five dollars per structure. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.090 Requirement to keep information current.
A record owner who has received or submitted a vacant structure registration form shall notify the building inspector in writing whenever any information in the registration form is no longer accurate. All notifications required by this section shall be made in writing no later than thirty days after the property record owner first knows or should have known any information in the registration form is no longer valid. Each thirty-day period of noncompliance constitutes a separate offense. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.100 Maintenance and security requirements.
(a) Trash, junk, debris, building materials, graffiti, and tagging or similar markings are not allowed. It is not allowed to have any accumulation of newspapers, circulars, fliers, or notices, except those required by federal, state or local law. Discarded items including, but not limited to, furniture, clothing, large and small appliances, printed material, signage, containers, equipment, construction materials, or inoperable vehicles must not collect on the property.
(b) The structure shall be considered to be free of graffiti, tagging or similar markings if such markings have been removed or painted over with an exterior grade paint that matches the color of the exterior structure. Structures shall be free of vegetative blockage at entrances.
(c) Structures subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and/or structure(s). Broken windows must be repaired or replaced within thirty days of breakage. Boarding up of open or broken windows/doors that are means of egress is prohibited. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.110 Monitoring of structure—Fee.
(a) Upon violation of this chapter by a record owner, the building inspector or designee is hereby authorized to monitor the condition of any structure required to be registered under this chapter. Such monitoring may not begin until the latter of thirty days after the property record owner has been issued a written notice of violation or the date any administrative proceedings contesting the notice of violation have been concluded.
(b) A monthly monitoring fee of fifty dollars may be assessed against the record owner to offset the costs incurred by the city in responding to telephone calls, complaints, inquiries, site visits, record owner contacts, and the monitoring of the site. The fee shall be payable within thirty days of receipt of the monitoring invoice. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.115 Open structure—Securing fee.
Vacant structures left open and/or accessible for more than thirty days after receipt of written notice requiring the record owner to take security measures as required by this chapter shall be subject to entry by the city in order to determine if the structure has become an attractive nuisance or is in violation of the security requirements of this chapter. The record owner of a vacant structure found open or unsecured may be charged a securing fee of fifty dollars, or the cost incurred by the city in securing the property, whichever is higher. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.120 Fire damaged structure.
If a structure is damaged by fire, the record owner has ninety days from the date of the fire to apply for a permit to start construction or demolition. Failure to do so may result in enforcement action. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.135 Appeals.
The planning commission shall hear and decide appeals of orders, decisions or determinations made by the building official or the city clerk relative to the application and interpretation of this code. When hearing appeals, the planning commission shall use procedures established by the planning commission. In order to hear and decide appeals of orders, decisions or determinations made by the planning commission relative to the application and interpretation of this code, there shall be and is hereby created a board of adjustment. That board of adjustment shall be made up of the city council. The board shall operate under the procedures established by the Nome Code of Ordinances. (Ord. O-16-04-01A § 3 (part), 2016)
5.40.140 Violations, penalties.
Except as otherwise provided, any person who violates any provision of this chapter is guilty of an infraction and upon conviction shall be fined in the amount set forth in NCO Section 1.20.040, or if no fine is there established an amount not to exceed three hundred dollars, plus any surcharge required to be imposed by AS 12.55.039. Each thirty days of an infraction shall constitute a separate offense. Any violation of this chapter shall be a strict liability offense regardless of intent. (Ord. O-16-04-01A § 3 (part), 2016)