§ 8-69. Certificate of registration.

(a)

Registration required. Any person who owns a vacant building shall obtain and maintain a current and valid certificate of registration. A certificate of registration is required only if each building on the premises is a vacant building.

Affirmative defenses to this subsection include:

(1)

The building has been occupied in the preceding ninety (90) days;

(2)

The building suffered damage or destruction from a fire, flood, storm, or similar event that was not the result of the actions of the owner and that rendered the building incapable of being occupied, the building was occupied at the time of the fire, flood, storm, or similar event, and only one hundred and eighty (180) days have passed since the fire, flood, storm, or similar event occurred;

(3)

The building is in the process of being renovated, rehabilitated, repaired, or demolished pursuant to and with all necessary permits and has been occupied in the preceding one hundred and eighty (180) days;

(4)

The building is in the process of being repaired or demolished pursuant to an order of the building and standards commission or court order issued by a court of competent jurisdiction in a case in which the city is a party;

(5)

The building is in the process of being marketed and advertised for lease or sale and has been occupied within the preceding one hundred and eighty (180) days; or

(6)

The building is owned by the State of Texas or the United States of America.

(b)

Registration application and issuance.

(1)

An owner of a vacant building shall submit to the city an application on a form supplied by the building official. The following information must be supplied on the application:

a.

The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the applicant;

b.

The name, street address, mailing address, facsimile number, e-mail address, and telephone number of the owner or all owners of the vacant building;

c.

If the owner is not an individual, the name, street address, mailing address, facsimile number, e-mail address, and telephone number of the high managerial agent of the owner and a copy of the documents establishing the business;

d.

The name, street address, mailing address, facsimile number, e-mail address, and telephone number of all mortgagees, lien holders, or other persons with a financial or legal interest in the vacant building;

e.

All address numbers and names for the vacant building and all dwelling unit numbers for dwelling units located in the vacant building;

f.

A description of the use of building, such as multi-family dwelling community, manufactured home community, hotel, automobile repair garage, office building, gasoline service station, or warehouse;

g.

The number of vacant buildings on the premises and the square footage of each vacant building;

h.

The number of pools, structures, dwelling units, or accessory structures on the premises;

i.

The last date that the vacant building was occupied;

j.

A description of any hazardous materials, uses, or conditions that currently exist in the vacant building;

k.

The number of tanks on the premises, including underground gasoline storage tanks;

l.

The name, street address, mailing address, facsimile number, e-mail address, and telephone number of a person or persons to contact in an emergency as required by section 8-71 of this article;

m.

Proof of insurance as required by section 8-73 of this article;

n.

A sketch or diagram showing the configuration of the vacant building and premises which need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;

o.

Documentary evidence of payment of ad valorem taxes owed in connection with the vacant building or the premises on which it is located;

p.

A vacant building plan as required by section 8-74 of this article; and

q.

Additional information as the applicant wishes to provide the city or that the building official deems necessary to determine if the requested certificate of registration should be granted.

(2)

The applicant shall not provide a post office box as the address for the owner or emergency contact person on the application for a certificate of registration.

(3)

The applicant shall sign the application for the certificate of registration.

(4)

The applicant must notify the building official in writing of any material change in the information contained in the application for a certificate of registration within seven (7) days of the change, including a change of ownership of the vacant building.

(5)

Issuance. The building official shall issue a certificate of registration to the applicant if the building official determines that:

a.

All required fees have been paid to the city;

b.

The applicant has submitted a complete application and has complied with all requirements for issuance of a certificate of registration; and

c.

The applicant has not made a false statement as to a material matter in the application for the certificate of registration.

(c)

Transfer of certificate of registration prohibited. A certificate of registration is not transferable to a new owner of the vacant building or to a vacant building on another premises.

(d)

Denial. If the building official determines that the requirements of subsection (b)(5) of this section have not been met, the building official shall deny the certificate of registration to the applicant. The building official shall deliver written notice to the applicant that the certificate of registration has been denied and the basis for the denial.

(e)

Expiration and renewal.

(1)

A certificate of registration expires:

a.

One (1) year after the date of issuance;

b.

Upon demolition of all vacant buildings on the premises pursuant to a valid demolition permit and removal of all demolition debris from the premises such that the premises is to grade;

c.

When the ownership of the vacant building or premises changes; or

d.

When the vacant building becomes legally occupied pursuant to a valid certificate of occupancy.

(2)

An owner shall renew a certificate of registration by making application in accordance with section 8-69 and paying all fees described in section 8-70. A registrant shall apply for renewal of the certificate of registration at least thirty (30) days but no more than sixty (60) days prior to its expiration.

(f)

Revocation and reinstatement.

(1)

The building official shall revoke a certificate of registration if the:

a.

Registrant fails to comply with any provision of the city ordinances or any state or federal law applicable to vacant structures or properties;

b.

Registrant intentionally makes a false statement regarding a material matter in the application for the certificate of registration or in a hearing concerning the certificate of registration;

c.

The vacant building plan is not approved by the building official pursuant to section 8-74 of this article; or

d.

Registrant failed to pay a fee required by this article at the time the payment was due.

(2)

Prior to revoking the certificate of registration, the building official shall deliver written notice of the possible revocation, the basis of the revocation, and a statement that the registrant has ten (10) days after delivery to comply with the notice to prevent revocation.

(3)

Upon revocation of the certificate of registration, the building official shall send written notice of revocation, the basis of the revocation, and a statement informing the registrant of the right to appeal a revocation.

(4)

Once during a registration period, the building official may reinstate a certificate of registration of a vacant building if the basis of the revocation is remedied within thirty (30) days of revocation.

(g)

Appeal of revocation or denial.

(1)

If the building official denies the issuance or renewal of a certificate of registration or revokes a certificate of registration, the action is final unless the registrant files a written appeal to the construction board of appeals within seven (7) calendar days of delivery of the notice of revocation.

(2)

If a written request for an appeal hearing is filed with the building official within the seven-day period, the construction board of appeals shall hear the appeal within thirty (30) days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant.

(3)

Failure to file an appeal in accordance with this section is a waiver of appeal and the building official's decision shall be final.

(4)

The revocation of a certificate of registration is stayed pending appeal.

(5)

At the appeal hearing, the construction board of appeals is limited to affirming or reversing the denial or revocation based upon proof by the appellant that there was error as of the date of the revocation or denial. Subsequent repair, renovation, correction, or payment of a fee shall not form the basis of the board's decision. Otherwise, the appeal shall be handled in accordance with Section 112 of the 2003 International Building Code. The decision of the board is final as to administrative remedies, and no rehearing or appeal may be granted.

(h)

Presentation of certificate of registration. The certificate of registration must be presented upon request to the code enforcement director, building official, or city employee or to a peace officer.

(Ord. No. 2009-9081, § 2, 6-11-09)