Sec Purpose.

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1 Page 1 of 5 Rochester, Michigan, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 20 - ENVIRONMENT >> ARTICLE VI. ABANDONED VACANT BUILDINGS >> ARTICLE VI. ABANDONED VACANT BUILDINGS Sec Purpose. Sec Definitions. Sec Registration of abandoned vacant property. Sec Registration requirements. Sec Requirement to keep information current. Sec Inspections. Sec Maintenance and security requirements. Sec Reoccupancy. Sec Appeals. Sec Penalty. Sec FOIA requests. Sec Registration, inspection and other fees. Sec Purpose. The city council determines that the presence of abandoned vacant buildings may create an element of blight. It is recognized that blight lowers property values, leads to deteriorating housing conditions, undermines the quality of life, affects the public health, safety and general welfare and can also result in human injury and criminal activities. It is also determined that vacant and unoccupied structures occupy an inordinate amount of city administrative and ordinance enforcement resources. As such, the city council finds the prolonged presence of abandoned vacant structures to be unacceptable to the citizens of Rochester. Therefore, the purpose of this article is to promote the public health, safety and general welfare of the residents of the city, to prevent the creation of nuisance and hazards, and to help prevent the lowering of property values. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned vacant property means improved real property with at least one building that has been vacant for 30 days or more and meets any of the following criteria: (4) Has one or more broken or boarded windows; Has utilities disconnected or not in use; Is not maintained in compliance with this article including, but not limited to, building safety, fire safety, and code enforcement regulations;

2 Page 2 of 5 (5) Is only partially completed and is not fit for human occupancy and there are no active building permits for the property that will result in restoration of the premises to be safe and habitable condition; or Shows evidence of vacancy, which would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers or other regularly delivered items, abandoned vehicles, conditions of blight, or evidence of property foreclosure. Abandoned vacant property shall not mean property that is temporarily unoccupied while the residents of the property are away on vacation or personal business, so long as such vacancy does not exceed a period of six months. If such vacancy exceeds a period of six months, the owner shall register the property in accordance with this article. Property that is listed for sale and/or for lease shall not be considered abandoned vacant property so long as it continues to be actively marketed and advertised. Building means a structure with a roof supported by columns or walls to serve as a shelter or enclosure. Foreclosure means the process by which a mortgage is enforced against a parcel of real property through sale or offering for sale to satisfy the debt. Owner means an individual, co-partnership, association, corporation, company fiduciary, or other person or legal entity having a legal or equitable title or any interest in any real property. Sec Registration of abandoned vacant property. An owner of abandoned vacant property shall register that property with the Rochester Fire Department by complying with the registration and inspection fee requirements in this article within 45 days of the vacancy. Sec Registration requirements. Owners shall submit a completed registration form containing the information specified in this section. The registration form may be provided by an agent for an owner provided the agent's written authorization from the owner is provided with the registration. The registration form shall include the following: The name of the owner of the abandoned vacant property; The name of the person or entity responsible for the care and control of the abandoned vacant property. Such individual may be the owner, or may be someone other than the owner provided that the owner has contracted with such person or entity to act as owner's agent for purpose of this article. A current address, mailing address (if different), telephone number, facsimile number, and address where communications may be sent that will be acknowledged as received by the individual responsible for the care and control of the abandoned vacant property. If certified return receipt requested mail is sent to the address provided pursuant to this section and the mail is returned marked "refused" or "unclaimed", or if ordinary mail sent to the address provided pursuant to this is

3 Page 3 of 5 (4) returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to properly comply with the requirements of this section. An explanation as to the reason for the vacancy of the property. Once abandoned vacant property has been properly registered by the owner, such registration shall be valid and effective for a period not to exceed 365 days, and shall be renewed annually thereafter until the abandoned vacant property has become occupied and a certificate of occupancy has been issued pursuant to this article. Sec Requirement to keep information current. If at any time the information contained in the registration form required pursuant to section is no longer valid, the owner has ten days to file a new registration form containing valid, current information. There shall be no fee to update an existing registered owner's current information. Sec Inspections. Abandoned vacant property, including the surrounding real property, is subject to an initial safety and maintenance inspection by the city upon registration and any necessary follow-up inspections. Such inspection(s) shall include all of the standards set forth in the IC Property Maintenance Code and all other applicable city codes. The owner shall pay the inspection fees pursuant to section In the event such inspection reveals any violations, the owner shall apply for any necessary permits within ten days, and shall complete all repairs required resulting from such inspection within 30 days, or such additional period as permitted by the city. Further, any violations of the city code shall be fully repaired and remedied within 30 days of notice to the owner, or such additional time as permitted by the city. Any mortgagee who holds a mortgage on property shall perform an inspection of the property, to the extent permitted by law or under the mortgage within five days after either the filing of a complaint for foreclosure (if foreclosure is by judicial action) or publishing a notice of foreclosure (if foreclosure is by advertisement). If the property meets the criteria of being abandoned vacant property in section , the mortgagee shall register the property in accordance with this article and be subject to all of its provisions. Sec Maintenance and security requirements. An owner of abandoned vacant property shall comply with the requirements of all applicable building and existing structures/property maintenance codes and ordinances including, but not limited to, the following maintenance and security requirements: Property shall be kept free from weeds, grass more than six inches high, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, 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 any other items that give the appearance that the property is abandoned.

4 Page 4 of 5 Property shall be maintained free of graffiti, tagging, or similar markings. All visible front and side yards shall be landscaped and properly maintained. Landscaping includes, but is not limited to, grass, ground covers, bushes, trees, shrubs, hedges, or similar plantings. Maintenance includes, but is not limited to, cutting, pruning, and mowing of required landscaping and removal of all trimmings. (4) Pools, spas, and other water features shall be covered with an industry approved safety cover and shall also comply with all applicable minimum security fencing and barrier requirements. (5) Property shall be secure so as not to be accessible to unauthorized persons. Secure includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening that may allow a person to access the interior of the building. Broken windows must be repaired or replaced with like glazing materials within 14 days, except as otherwise provided in the building code. Boarding up of open or broken windows is prohibited except as a temporary measure not to exceed 14 days. (6) Electrical power and natural gas shall be provided to all building(s) to power all mechanical equipment to maintain a minimum ambient interior temperature of not less than 45 degrees F during the months of September through April of each calendar year if the vacant property is equipped with an operable fire suppression system and to power a sump pump, if equipped with a sump pump. Water shall be shut off at the street and the owner shall have the building properly winterized. Sec Reoccupancy. Abandoned vacant property shall not be occupied until a certificate of occupancy has been issued by the city within 30 days immediately prior to occupancy, and all violations have been corrected in accordance with the applicable requirements of all codes and ordinances. All mechanical, electrical, plumbing, and structural systems shall be inspected and approved by the city. In addition, a certificate of occupancy shall not be issued until all outstanding fees, assessments, and/or liens owed to the city have been paid in full. Sec Appeals. An appeal of the decision of the city as to the city's determination of a property being an abandoned vacant property or as to violations of this article shall be made in writing to the city manager within ten days of the determination and/or notice of violation being sent by the city to the address provided on the registration form submitted under section If dissatisfied with the city manager's decision, the owner may appeal said decision to the city council by providing the city clerk with a written appeal within ten days of said decision. The appeal shall be set for consideration at an upcoming city council meeting and the owner shall have the right to be heard. Any violation of the building code or other codes leading to the issuance of a citation shall be handled in the district court. The city may also initiate circuit court proceedings if deemed appropriate. Sec Penalty.

5 Page 5 of 5 All violations of this article are hereby designated as municipal civil infractions with a civil fine in an amount not to exceed $500.00, plus costs. Owner shall also be subject to sanctions, remedies and procedures as set forth and permitted under applicable laws. Each day that a violation under this article continues to exist shall be considered a separate violation subject to the penalties hereinafter set forth. Sec FOIA requests. The city recognizes that the dissemination of the registration information and other documents identifying property as being abandoned vacant property could result in the improper use of that information. The city considers such information to be of a personal nature, the public disclosure of which would constitute a clearly unwarranted invasion of the owner's privacy. As such, such information will be treated as exempt under the Freedom of Information Act, MCL (a), as may be amended, and will not be disclosed without a court order. Sec Registration, inspection and other fees. All fees applicable to this article shall be set from time to time by resolution of the city council, which fees may include a registration fee, an inspection fee, a reinspection fee, and such other related fees established by the city council. There shall also be a fee for the filing of a new owner's registration form. For abandoned vacant properties that are not registered within the required time, an additional fee for the added cost of the city's expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and immediately payable. Payment of all fees required under this article shall be paid within 30 days after an invoice for such fee(s) is sent to the owner at the address contained in the registration form. All fees shall constitute a debt in favor of the city. Any unpaid fees shall be specially assessed and entered upon the next tax roll as a lien against the property, which shall be collected and entered in the same manner and with the same interest and penalties as general property taxes against such property.