ORDINANCE NO WHEREAS, the Town Council finds that the maintenance of a safe and attractive downtown

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1 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 32 (NUISANCES), ARTICLE III (UNATTENDED VACANT BUILDINGS), SECTIONS ET SEQ., OF THE TOWN OF SILVER CITY MUNICIPAL CODE Sponsored by Councilor Michael S. Morones WHEREAS, the Town Council finds that the maintenance of a safe and attractive downtown business area is necessary for the economic health and future development of the Town of Silver City; and WHEREAS, the Town Council finds that unattended vacant properties within the historic downtown area of Silver City have a negative effect upon commerce and the economic well being of the Town; and WHEREAS, the nature of downtown s historic development pattern, with buildings built to the street and sharing common walls, combined with the age and method of construction of older buildings, creates an increased risk of property damage in the event of fire; and WHEREAS, buildings which are allowed to remain vacant for extended periods of time tend to deteriorate at an accelerated rate, creating added risk of fire to adjoining properties and decreasing the value of properties throughout the district and thus are public nuisances; and WHEREAS, the Council of the Town of Silver City has determined that regulation of unattended vacant properties is necessary for the health, safety and welfare of the property and persons of the Town of Silver City and that the amendments to the municipal code contained herein are appropriate therefor; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO, that: Chapter 32 be amended to include a new Article III, with sections et seq., which will read Ordinance No Page 1 of 6

2 as follows: ARTICLE III. UNATTENDED VACANT BUILDINGS Sec Title. This article shall be known and may be cited as the Regulation of Unattended Vacant Buildings Ordinance. Sec Purpose. The purpose of this Article is to regulate unattended vacant buildings that are used primarily for commercial purposes in the Historic Downtown Commercial District of the Town of Silver City so that such buildings do not constitute a public nuisance fire hazard or otherwise detract from the economic viability of said district. Sec Declaration of public nuisance. It is declared a public nuisance for any owner to cause, permit, or fail to maintain any vacant building in a manner contrary to the provisions of this ordinance. Sec Applicability. The provisions of this chapter shall apply to all properties that are used primarily for commercial purposes in the Silver City Historic Downtown Commercial District as designated on the Silver City Zoning Map, as existing and as may be amended. Sec Registration of vacant building required. Owners of commercial buildings are required to register with the Town s Community Development Department (the Department ) all vacant buildings within 45 days of the effective date of this ordinance and within 45 days of any subsequent vacancy. Thereafter, the owner shall file status reports with the Department every 30 days thereafter for so long as the vacancy continues. Registration required by this ordinance shall include the following Ordinance No Page 2 of 6

3 information: A) Name, address and contact number of the owner. B) Name, address and contact number of the local agent or representative for the property, if other than the owner. C) Common address and tax parcel identification number of the property. D) The date on which the property became vacant. E) Affirmation of utility connections or disconnections. F) Acknowledgment of the duties of maintenance as contained herein this Article. Sec Requirement To Keep Information Current. The owner of registered property shall file reports stating any change in facts mentioned in the initial registration within ten (10) days of such change, ensuring current information. Sec Inspections. Upon registration of a vacant building, the owner authorizes the Town s Building Inspector and Fire Marshal to enter upon the registered building for purposes of inspection for immediate safety violations which would tend to present a danger to property or persons. Such inspection(s) shall be scheduled no less than 30 and no more than 60 days after initial registration. The owner shall deposit with the Town at the time of registration an inspection fee of $35 to cover the initial inspection. The inspector shall create a report which shall describe concerns regarding safety and the existence of dangerous conditions. Sec Correction of dangerous conditions. The fire marshal/building official shall order the owner to complete any repairs or remediation to eliminate the dangerous condition, and shall grant a reasonable period of time for completion commensurate with the immediacy and degree of the dangerous condition. The Ordinance No Page 3 of 6

4 inspector shall be authorized to issue a citation claiming violation of the Town s Building/Fire Code upon a failure to complete the ordered repairs or remediation within the prescribed time. Sec Liability Insurance Requirements. All owners of vacant building(s) shall maintain a minimum of $1,000,000 in liability insurance on each vacant building. Proof of insurance must be provided to the Town of Silver City inspector at the time of inspection. Sec Security requirement for vacant buildings. Properties subject to this ordinance shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors, and any other opening that may allow access to the interior of any structure on the property. Broken glass shall be secured by replacement or re-glazing (boarding of broken windows is not allowed). "No Trespass" sign(s) shall be posted with emergency contact telephone number. Sec Duties of maintenance of vacant building. A) The owner shall perform regular monthly inspections of the building to assure compliance with the requirements of this section. B) Utilities must be properly disconnected, or if connected, in proper working order. C) All doors, windows and other openings shall be secured as required in Section D) Weeds shall be removed from landscape beds, the perimeter of buildings, along fence lines, and in parking lot joints & cracks. E) Grass height shall be maintained no higher than eight (8) inches and the trimmings removed from the property upon which the building is situated. F) Exterior of buildings shall be kept free of junk & debris. Ordinance No Page 4 of 6

5 G) Building appurtenances such as awnings, overhangs, signs, gutters and downspouts, must be securely attached so as not to cause an unsafe or unsightly condition. H) Detached signs and lighting systems shall be structurally sound, and maintained so as not to cause an unsafe or unsightly condition. I) Property fencing and retaining walls shall be maintained structurally sound. Any fence or wall with broken or hanging components shall be repaired, straightened, or removed. J) The property shall be free of graffiti or similar markings by removal or painting over with a color that matches the exterior of the structure. K) Perishables shall not be stored or kept in a vacant building. L) Property to be kept free of any carrion, filth, or any other impure or unwholesome matter liable to produce diseases (such as insects, rodents, feral animals, and pigeon droppings). M) Commercial storefront parking lot and side lot shall be kept clean of trash and debris. Sec Partial or complete destruction of building. An owner of a building rendered vacant as a result of catastrophic fire or act of nature shall rebuild or demolish the building within six months. Such loss does not relieve the owner of its obligations of registration, security, liability insurance, and of its duties of maintenance to the greatest extent feasible. Upon a showing of good cause, the director of the Town s Community Development Department may issue extensions of time to accomplish the rebuild or demolition. Sec Penalties. Any owner of vacant building(s) that fails to register or file any report as required herein shall be fined not less than $100 per offense. Any owner of vacant building(s) subject to the registration requirements of this Article, who causes, permits, or maintains a violation thereof Ordinance No Page 5 of 6

6 shall be guilty of a petty misdemeanor and subject to a fine of not more than $500 or imprisonment for 90 days, or both. Sec Conflicting Ordinances. Nothing in this Article shall limit the Town s ability to abate nuisance under Chapter 32 (Nuisance) of the Town s Municipal Code, or the Town s ability to regulate and dispose of dangerous buildings under the Uniform Code for the Abatement of Dangerous Buildings which has been adopted by the Town and incorporated into its Municipal Code. Sec Severability. Should any word, sentence, phrase, or any portion of this Ordinance be held in any manner invalid by any court of competent jurisdiction, or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such word, sentence, phrase, or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases, or portions of this Ordinance. PASSED, ADOPTED AND APPROVED by vote of the Council of the Town of Silver City, Grant County, New Mexico, this 9th day of October, /s/ (Seal) James R. Marshall, Mayor ATTEST: /s/ Ann L. Mackie, Town Clerk Ordinance No Page 6 of 6