City Definition of Vacant Fee Code Modified Enforcement Albany, NY Unoccupied and unsecured, Y1 - $250 Y2 - $500

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1 City Definition of Vacant Fee Code Modified Enforcement Albany, NY Unoccupied and unsecured, Y1 - $250 Y2 - $500 Ch. 133, 78 Building Construction Unoccupied and secured Y3 - $1000 Must submit contact by other than normal Y4 - $1500 information for all means, Y5 and beyond owners and Unoccupied and unsafe - $2000 lienholders, and as determined by Dept. provide property of Fire, Emergency and Building Services, management in Albany County Unoccupied and has multiple housing or building code violations Illegally occupied, or Unoccupied more than 365 days and enforcement officer has issued an order to correct code violations Note: Unoccupied means a building which is not being used for an occupancy authorized by the owner. Must submit vacant building plan including o Demolition plan if it will be destroyed o Plan for securing building if left vacant, or o Rehab plan not to exceed 365 days Note: Up to $15,000 per building in need of immediate repair to stabilize for subsequent rehab. Assistance is a loan, but loan is forgiven if owner rehabs within 18 months. Dept. of Fire, Emergency and Building Services is proactive o Fire Dept. performing a street-by-street analysis determining if 1) cosmetic work needed, 2) rehab needed and feasible, or 3) demolition needed/rehab not feasible o Notifies owner within 3 days and given 30 days to comply o If owner does not comply, case referred to City Court $1,000 per day or imprisonment of <1 yr o Owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corp. directly or indirectly in control of building.

2 Binghamton, NY Unoccupied and unsecured, Unoccupied and secured by other than normal means, Unoccupied and unsafe as determined by Enforcement Officer, Unoccupied and Enforcement Officer has issued an order to correct code violations, Illegally occupied, or Unoccupied for a period over 30 days Note: Unoccupied means a building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises. Factors to consider include whether lawful residential or business activity has ceased, the percentage of square footage of unoccupied to unoccupied space or occupied units to unoccupied units, whether building is devoid of contents or minimal value of personal property, building lacks utilities, foreclosure, and code violations. $50 registration fee plus annual fee of $500 Housing and Property Maintenance, Chapter Contact information for owners and lienholders Vacant building plan o Demolition plan if it will be destroyed o Plan for securing building if left vacant, or o Rehab plan not to exceed 365 days Keep building secured and maintained Code Enf./Fire Marshal $1000 fine or imprisonment <6 mos. o Owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corp. directly or indirectly in control of the building or part thereof New owner must pay fees plus $300

3 Chicago, IL Any building lacking habitual presence of human beings who have a legal right to be on premises, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content. Factors to consider include percentage of overall square footage of the building to occupied space, the condition and value of items in the building, and presence of rental or for sale signs. Residential property shall not be deemed vacant if it has been used as residence for 3 of past 9 mos. and person intends to resume residing there. $100.00/ yr Eleemosynary, religious, educational, benevolent or charitable, and government buildings are exempt. Ch. 12, Title 13 of Municipal Code Enforcement of Building, Electrical and Fire Regulations Within 30 days of vacancy owner must o Enclose and secure building. o Post a sign with contact information and agent for process service in Cook County. o Maintain the building in a secure and closed condition until building is occupied or until repair or completion of the building has been undertaken. Building commissioner can promulgate rules and assess $200-$1000/day per violation. o Police issuing citations. o Dept. of Buildings inspecting vacant buildings that remain open following issuance of citations. o City Law Dept. seeks demolition, forfeiture, forced rehab, or forced sale. o Dept. of Housing works w/law Dept. to force owner to rehabilitate or sell or transfer title. o Getting four branches to coordinate efforts has been a challenge.

4 Columbus, NE Lacking habitual presence of human beings who have a legal right to be on the premises, or Substantially all lawful business operations or residency occupancy have ceased and which is substantially devoid of content Also considers, among other factors, the percentage of the overall square footage of the building or floors of occupied space, the condition and value of any items in the building or floors and the presence of rental or "for sale" signs. A residential property shall not be deemed vacant if it has been used as a residence by the person entitled to possession of the same for a period of at least three months within the previous nine months and the person entitled to possession intends to resume residing at the property. Unknown - not provided in statute Title XI, Business Regulations Building Moving, Ch Must register with Police Department and provide contact information for owners and agent for service in county. Misdemeanor max. $500 fine at the discretion of the court

5 Cincinnati, OH Not defined $900 < 1 yr. $1800/yr 1-2 yrs. $2700/yr 2-5 yrs $3500/yr >5 yrs Title XI, Chapter 1101, 79 Building Code Building must be secured and cannot be detrimental to neighborhood or police and fire personnel Building must be inspected before issuance of license and annually before license renewal Lien on property

6 Columbus, OH A dwelling or dwelling unit which is not being occupied as a home, residence, or sleeping place for one or more persons under a lease, rental agreement or permission of the owner Any building or structure that is not being used for any purpose; or Dwelling or dwelling unit that has been ordered vacant or becomes vacant by virtue of being declared unfit for habitation by a code enforcement officer $100 for filing and $100 for any subsequent changes Title 47, Ch Nuisance Abatement Code An owner is required to register in the Registry of Neglected Properties Upon failure to abate a public nuisance as required by a notice of violation issued by a code enforcement officer, a court order or an order of the safe neighborhood review board; and On which a vacant building, buildings, or structure existed at the time the notice or order required such nuisance to be abated. Criminal and civil penalties [r]epealed by Ordinance

7 Kalamazoo, MI Unoccupied and: Open to casual entry Has one or more windows boarded Has utilities disconnected Is dangerous Is under notice of violation Is subject of an indebtedness to the city for more than 1 year Is apparent to the public that it is unoccupied due to its condition days - $25/mo. >91 days - $50/month Chapter 9, Art. VIII, Buildings and Building Regulations Owner must provide: Contact information for each owner Date home became vacant and reason for vacancy Plans, if any, to have home occupied City can recover fees by civil suit or tax lien Person who fails to register is guilty of a misdemeanor o Owner includes any person with a legal or equitable ownership interest. Minneapolis, MN Condemned Unoccupied and unsecured for 5 days Unoccupied and secured by means other than normal for 30 days Unoccupied and has multiple housing maintenance, fire or building code violations existing for >30 days Unoccupied for >365 days and order issued to correct nuisance condition during that time $6000/yr to recover costs of monitoring and regulating vacant buildings Ch. 249, Title 12 Housing Must provide contact information for all owners and lienholders Submit plan for building to director of inspections Must keep building secured Unpaid fees shall be levied and collected as special assessment with 8% annual interest on unpaid balance New owners are responsible for unpaid fees

8 Newburgh (City), NY Unoccupied and unsecured, Unoccupied and secured other than by normal means, Unoccupied and determined unsafe, Unoccupied and multiple housing or building code violations Illegally occupied, or Unoccupied for >180 days during which one or more violations issued by Office of Code Compliance Note: Unoccupied means a building which is not being used for an occupancy authorized by the owner. $720/yr to cover cost of biweekly inspections of property Building Code, Ch. 121 Provide contact information for owner Designate management agent in Newburgh or New Windsor if not a resident of Newburgh or New Windsor Keep building secured Office of Code Compliance $250/day and/or imprisonment not exceeding 15 days per violation o mortgagee in possession, mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corp. in control of the premises have joint and severable (probably should be several!) obligation for compliance $500/day per violation as a civil action

9 Normal, Il Empty, Not occupied on a regular basis by an occupant, or Not used by a person on a regular basis for the usual and customary purposes for which a building is designed and lawfully permitted. $100/6 mos. Building Code, Ch. 11, Div. 3, 8 Must be registered if vacant and it is a public nuisance (e.g., attractive nuisance, unsanitary sewage, unsafe for human habitation, fire hazard, garbage, uncontrolled weeds, dilapidated) Must provide owner s contact information Must provide plan for vacant building (e.g., secure, rehab, demolition) Civil penalty from $25 to $200 for the first offense, $50 to $500 per day for the second and subsequent offenses.

10 Revere, MA Any building in which no person actually conducts a lawfully licensed business or any residential building in which no person lawfully resides in any part, or a mix-use building in which neither a licensed business nor lawful residents exist Any building where >1/2 of windows and doors are broke, boarded or open without a functioning lock Richmond, VA (based on State law) Salisbury, MD regardless of occupancy Building is vacant at least 12 months No person actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as legal or equitable owner or tenant-occupant on a permanent, non-transient basis $500 if vacant <1 yr. $1000 vacant 1-2 yrs $2000 vacant 2-3 years $3000 vacant >3 yrs Maximum annual fee of $25 to defray cost of registration Title 8 Health and Safety, Chapter 8.05 Information for each owner Agent for service in MA if not a resident of MA Code of Virginia, Powers of Cities and Towns Ch. 11, $50 Could not find in online code. Registration form requires contact information for all owners local agent for service. Department of Municipal Inspections o $300/day for failing to register o Lien on property for failure to pay $50 civil penalty for failure to file, unless the property is in a conservation or rehabilitation district, in which case the penalty may not exceed $250. Unclear, but may be subject $100 fine for first day it fails to notify the appropriate housing official that building has been boarded up for six months, and $250 a day for each day after.

11 San Diego, CA Warren, MI Undefined None, but City may charge reinspection fees. Nonoccupancy of a dwelling unit by any persons $50 for 180 days A discretionary one time renewal for 90 days is available for $25 Public Safety, Morals and Welfare Ch. 5, Annually submit details on expected period of vacancy; Plan for regular maintenance; Plan for occupancy, rehab, or demolition; and Any other information requested. Ch.9, Art. VI, 177 The name and address of the person who can be contacted for the of gaining access Explanation for the reason for vacancy. Statement regarding owner's intent regarding the securing of an occupant for such dwelling. Acknowledgement by the owner that the code provisions relative to demolition of vacant dwelling units are known to such owner. Vacant Property Coordinator identifies vacant buildings, maintains a database, administers abatement ordinance, coordinating with various departments like police, etc. Quarterly civil penalty of $250 for failure to file Statement of Intent Lien on property and city can charge owner for demolition

12 Washington, DC Wilmington, DE No person actually, currently conducts a licensed business, or lawfully resides in any part of the building as the legal or equitable owner or tenantoccupant, or owneroccupants, or tenant on a permanent, nontransient basis. Higher tax rate on vacant properties: $5 per $100 assessed vs. $1.85 for other properties $500/yr if vacant 1 yr $1,000/yr if vacant more than 1 yr. but less than 3 yrs $2,000/yr if vacant more than 5 yrs but less than 10 yrs $5,000/yr if vacant more than 10 yrs plus $500 for each year in excess of 10 Building Code Provide contact information for all owners Provide in-state agent for service of process City may place a lien on property, which could lead to foreclosure. City can grant a one-time, one-year waiver to allow owner to rehabilitate or sell. Criminal penalty of $100 to $500. Civil action for unpaid fees