Chapter 6.11
VACANT COMMERCIAL BUILDING REGISTRATION
Sections:
6.11.040 VACANT COMMERCIAL BUILDING REGISTRATION.
6.11.050 DUTY TO AMEND REGISTRATION STATEMENT.
6.11.010 PURPOSE.
It is the purpose and intent of the City to establish a vacant commercial building registration program to protect the community from becoming blighted as a result of commercial buildings that are vacant and not properly secured and maintained. The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant commercial buildings, or to secure broken windows to secure the structure from unauthorized entry, is deemed to be a public nuisance. This chapter requires that vacant commercial buildings be properly maintained by the owners, lenders, and other responsible persons as defined in BMC 6.11.030. Through the registration process, responsible persons are required to maintain and secure these properties. The intent of this chapter is to obtain information for at least one (1) responsible person for each vacant commercial building in the City to ensure that properties are maintained consistent with the International Property Maintenance Code as adopted by Chapter 17.04 BMC. (Ord. 5365 §1 (part), 2018)
6.11.020 ADMINISTRATION.
This chapter will be administered by the Building Official, who may adopt administrative rules and regulations consistent with its terms. The Building Official, and his or her designee, and/or code enforcement officers, are authorized to enforce this chapter. (Ord. 5365 §1 (part), 2018)
6.11.030 DEFINITIONS.
For the purposes of this chapter:
"City" means the City of Bremerton, its officers, employees, and agents.
"Commercial building" means any building that is used for commercial purposes in the City that is not intended for residential use.
"Occupied" means a commercial building with a permitted, nonresidential use that is physically located and lawfully operating in the building.
"Responsible person" means any person, firm, partnership, association, corporation, fiduciary or any agent thereof, owning, leasing, renting or having lawful possession or control of a structure in the City.
"Vacant commercial building" means a commercial building that has not had any legal occupancy during the preceding one hundred eighty (180) days. (Ord. 5365 §1 (part), 2018)
6.11.040 VACANT COMMERCIAL BUILDING REGISTRATION.
(a) At least one (1) responsible person for each vacant commercial building must register that building with the City within ten (10) calendar days of the date the building becomes a vacant commercial building, as that term is defined in BMC 6.11.030, unless:
(1) The building is the subject of a current, valid building permit for repair or rehabilitation and required inspections are ongoing, or the responsible person provides proof, such as receipts, invoices, or executed contracts, that the repair or rehabilitation is proceeding without significant delay; or
(2) The property where the vacant commercial building is located is the subject of a land use application for redevelopment for which approval has been granted and building permits have been applied for but have not yet been issued.
(b) A building will be considered to be registered on the date the City receives, on a form or in the manner provided by the Building Official and properly completed and signed by a responsible person, the following information:
(1) The street address and parcel number of the vacant commercial building;
(2) The name, address, and daytime and evening telephone numbers of each responsible person for the vacant commercial building, including any owner or tenant;
(3) Any other information requested by the Building Official for the administration of this chapter.
(c) A responsible person must renew the registration of each vacant commercial building on or before January 1st of each year that the building remains vacant. A responsible person must submit the renewal application to the City on forms provided by the Building Official.
(d) Upon satisfactory proof to the Building Official that the vacant commercial building is occupied as defined in BMC 6.11.030, the vacant commercial building will be unregistered. Proof of physical occupation shall include a valid City of Bremerton business license, if required, and a certificate of occupancy issued by the Building Official.
(e) There shall be no fee assessed for registration of the vacant commercial building. (Ord. 5365 §1 (part), 2018)
6.11.050 DUTY TO AMEND REGISTRATION STATEMENT.
Responsible persons for any registered vacant commercial building shall advise the Building Official, in writing, of any changes to the information on the registration form within thirty (30) days of the occurrence of the change. (Ord. 5365 §1 (part), 2018)
6.11.060 INSPECTIONS.
The Building Official (and his/her designee), or code enforcement officers, or both, are authorized to conduct inspections to enforce the provisions of this chapter. (Ord. 5365 §1 (part), 2018)
6.11.070 ENFORCEMENT.
(a) Enforcement of the provisions of this chapter will be performed in accordance with Chapter 1.04 BMC.
(b) No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and every day they commit, continue or permit a violation of any provision of this chapter.
(c) All responsible persons for a vacant commercial building are jointly and severally responsible with respect to that vacant commercial building for compliance with the provisions of this chapter and for any payments that they may be required to make to the City under this chapter. If the vacant commercial building is subject to a lease, the City shall have discretion to determine whether to enforce this chapter against the vacant commercial building owner, the tenant or both of them, but the City shall consider in this determination whether the lease provides that the compliance with this chapter is the responsibility of the vacant commercial building owner or the tenant. (Ord. 5365 §1 (part), 2018)