ORDINANCE #2022-599 AN ORDINANCE CREATING AND ADDING CHAPTER 159 TO THE CODE OF ORDINANCES FOR THE CITY OF MISSOURI VALLEY, IOWA PERTAINING TO THE REQUIREMENT TO HAVE VACANT BUILDINGS REGISTREED WITH THE CITY OF MISSOURI VALLEY. WHEREAS, the City of Missouri Valley (The City) has determined there exists a need to address vacant buildings within the City; and WHEREAS, adding the provisions of Chapter 159 would allow the capability to better address buildings that become vacant. NOW, THEREFORE, be it resolved by the City of Missouri Valley, Harrison County, Iowa, that the following regulations are hereby adopted regarding vacant building registration within the City: SECTION 1. CHAPTER 159 CREATED. Chapter 159, titled, “VACANT BUILDING REGISTRATION” is hereby created and the following sections are adopted. 1. Purpose: 1. The City finds that there are now and may in the future be, vacant buildings that are inadequately maintained so as to create or contribute to a blight, depress market values of surrounding properties, require additional government services, and endanger public health and safety. 2. This ordinance to facilitate the identification, registration, inspection and standard maintenance of vacant buildings in order to: a. Preserve and promote public health, safety prosperity and general welfare. b. Abate and prevent public and private nuisance and potential fire hazards. c. Promote neighborhood stability and occupancy by preserving the condition and appearance of properties. d. Maintain property values and assessments. 3. The Purpose of the ordinance is to establish a vacant building registration program including measures reasonably necessary for regulating the maintenance of vacant residential and commercial properties by parties asserting a collateral or other legal equitable interest in the property. 2. Responsibilities: All vacant structures and premises shall be maintained in a clean, safe, secure, and sanitary condition as provided by the city code as to not cause a blighting problem or adversely affect the public health and safety. Vacant Building Inspections: 1. Any building that has become vacant will be subject to an exterior inspection for compliance to Chapter 156 Property Maintenance Code. 2. Any registered building shall be subject to interior inspection annually for compliance to Chapter 156 Property Maintenance Code. 3. Any property in a restoration Agreement will be subject to the required inspections as determined by the Building Inspector. 3. Criteria: Residential and Commercial buildings may qualify as vacant when 1 or more of the following conditions are met. 1. Condemned structures. 2. Discontinued legal use for 30 or more days. 3. Unoccupied and Unsecured for 5 or more days. 4. Unoccupied and secured by means not consistent with normal use in the design of the building for 30 days or more. 5. Unoccupied with multiple housing maintenance, fire or building code violations for 30 days or more. 6. Unoccupied more than 180 days with an order having been issued to correct a nuisance as defined by the City Code. 7. Residential or Commercial building or structure which is unable to receive a certificate of occupancy do to work stoppage or expired permits. 4. Requirements / Guidelines: 1. Vacant Building Registration a. Owner of a vacant property whether vacant and secured or vacant and unsecured shall register with the City no later than the earliest of: i. 60 days after the premises becomes vacant. ii. 30 days after transfer of ownership, or 30 days after a bank or financial institution directly or though an agent or servicing company, initiate foreclosure proceedings by filing a summons and complaint with Courts. b. The owner shall be responsible for the payment of a nonrefundable registration fee for a residential property or commercial property. If a vacant premises is owned by the City or its instrumentalities it shall not be subject to the requirement of this section. i. Registration Fee: 1. Residential $250 2. Commercial $375 c. Any new owner shall register or re-register the vacant premises with the Building Department within 30 days of any transfer of an ownership interest in the vacant premises. The New owner shall comply with any approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet approval. d. Owner shall be required to renew registrations for each residential and commercial property annually. Deadline for registration is June 1st of each calendar year. e. Owner shall make the property available for all inspections required. 2. Restoration Agreement (Abeyance of Vacant Building Registration). a. Owner may choose to enter into a restoration agreement with the City in lieu of a registration process. i. Owner must provide proof of ownership of the building. ii. Current building code inspection within the last 12 months or a new code inspection completed. iii. Line-Item bid for repair of items identified through the Code Inspection. iv. Refundable deposit on file with the City. 1. RA Deposit $1500 v. Timeline for Completing Work. 1. Permits required to be submitted within 30 days of signing RA. 2. Work completed 100% (unless otherwise agreed upon) within 6 months of signing RA vi. RA requires continuous progress on the project throughout the timeline of the agreement. City has the right to cancel the agreement if the terms are not being met. vii. Failure to complete the requirements of the RA by the determined due date will negate the agreement and the VBR Fee will be applied and levied as a special assessment to the property taxes. 5. Exceptions: 1. A property that is undergoing active renovations or rehabilitation with a valid permit for the same has been issued. 2. A property that is actively being offered for sale or lease or is actively being offered for rent shall be exempt from registration for 9 months from which such listing or advertising commenced. After such time, the property will no longer be exempt and must comply with the registration requirements. 3. Property that is actively part of an estate sale that is in probate and not subject to bankruptcy. 4. Property that is a vacant lot without a structure. 5. Property owned by governmental bodies are exempt from the requirements of Vacant Building Registration. 6. Property that is the primary residence of a member of the armed forces on active duty. 7. Property that is used by the owner on a seasonal basis for a period of at least 3 months within the previous 9 months. SECTION 2. REPLEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed and Approved by the Council on the 4th day of October, 2022. Shawn Kelly, Mayor ATTEST: Turri Colglazier/Administrator 1st reading: 9/6/22 2nd reading: 9/20/22 3rd reading: 10/4/22 Turri Colglazier/ Administrator MVTN 10-12-22
