§ 18.40.030. Vacant building registration.

A.

A person commits an offense if the person owns a vacant building without a valid certificate of registration or exemption issued pursuant to this chapter.

B.

The owner or the owner's authorized agent shall submit an application to the permit official to register a building or apply for an exemption not later than thirty days after the building becomes a vacant building. One or more of the owners may designate an individual to execute the application on behalf of the owner(s).

C.

The registration application shall be submitted on forms provided by the permit official. The registration application shall include the following information supplied by the applicant:

1.

The address and description of the premises;

2.

The building height, number of stories contained therein, area in square feet of each story, whether each story is above or below ground level, and year built;

3.

The date on which the vacant building was last legally occupied, a description of the last or current use of the vacant building, and a description of any hazardous materials, uses, or conditions that currently exist or previously existing in the vacant building.

4.

The names, addresses and telephone numbers of the owner or owners and authorized agents;

5.

The name and address of any third party who the owner has entered into a contract or agreement with for property management;

6.

The names and addresses of all known lien holders, tenants, and all other parties with an ownership or possessory interest in the building;

7.

A telephone number where a responsible party can be reached at all times during business and nonbusiness hours;

8.

The period of time the building is expected to remain vacant;

9.

If the owner plans to return the building to sixty percent or more occupancy, the estimated date for returning the building to such occupancy;

10.

If the owner plans to demolish the building, the date the building is scheduled for demolition;

11.

If the owner proposes to rehabilitate or renovate the building, the date the building rehabilitation or renovation is scheduled to commence and be completed in accordance with all applicable codes;

12.

If the owner proposes to retain the building, the measures that will be taken to try to reduce any adverse impact on the property values of adjacent property from the retention of the vacant building;

13.

The plan for regular maintenance of the building during the period of vacancy with owner certification that the building is compliant with all applicable codes;

14.

The measures the owner will employ to secure the building in accordance with all applicable zoning, property maintenance, historic preservation and building codes;

15.

The measures the owner will employ to monitor and inspect the property and schedule for periodic inspection by the owner;

16.

Proof of insurance required by Section 18.40.070 under this chapter;

17.

The name of the addressee and the mailing address to which all notices or other communication required under this chapter may be delivered, including communication regarding registration and vacant building status;

18.

The initial information required by Section 18.40.120 for emergency response information;

19.

As applicable, the locations of emergency response signage required by Section 18.40.120;

20.

If the owner was previously issued a certificate of registration for the vacant building, proof of compliance with any owner obligations in the prior certificate of registration or if the obligations were not met, documentation demonstrating significant progress in addressing the identified owner obligations; and

21.

Any other reasonably related additional information required by the permit official.

D.

A separate registration application is required for each vacant building, regardless of any separate occupied buildings that may also be located at the same street address. If more than one vacant building is located at the same street address, a separate certificate of registration is required for each vacant building. In addition, only one registration application is required for a single vacant building that has more than one street address.

E.

The permit official shall, within one hundred eighty days, take one of the following actions regarding the filing of a completed application for which all required established fees have been paid:

1.

Issue a certificate of registration if the permit official determines that:

a.

The applicant has complied with all requirements for issuance of the certificate of registration;

b.

The applicant has not made a false statement as to a material matter in an application for a certificate of registration; and

c.

The applicant or owner has no outstanding fees charged under this chapter.

2.

Deny the certificate of registration as provided under subsection F.

3.

Inform the applicant that the certificate of registration cannot be issued within the time period under this section and advise the applicant as to the date on which the permit official shall make the required determination, which shall be the earliest date practicable.

The failure of the permit official to take action as required under this subsection shall not result in an automatic registration of a vacant building under this chapter.

F.

In issuing a certificate of registration for a vacant building designated for nonresidential uses, the permit official will enumerate in the certificate of registration any owner obligations to undertake certain property improvements to the vacant building, which will be based on the owner's intended use, rehabilitation, demolition, or maintenance of the vacant building, and the schedule for such undertaking in accordance with all applicable codes or as identified in the owner's application submitted pursuant to subsection C., if the latter accomplishes an earlier completion of improvements.

G.

If the permit official determines, upon initial review or inspection that the application does not address the requirements of this chapter, the permit official shall notify the owner and allow reasonable time for the revision of the application. If, upon final review of the completed application, the permit official determines that the requirements of subsections C. and E. have not been met, the permit official shall deny a certificate of registration to the owner.

1.

If the permit official determines that the owner should be denied a certificate of registration, the permit official shall deliver written notice to the owner that the application is denied and include in the notice the reason for denial.

2.

The owner may appeal the determination of the permit official by following the procedure provided in Section 18.40.060.

H.

The permit official shall give notice of issuance, of a certification of registration for a vacant building to lien holders, tenants, and other parties, as identified in the application.

I.

Except as otherwise provided herein, the certificate of registration for a vacant building shall terminate the earlier of:

1.

One year after date of issuance;

2.

The date the vacant building changes ownership, as determined by the permit official;

3.

The date the vacant building becomes occupied, as determined by the permit official; or

4.

The date the vacant building is demolished, as determined by the permit official.

J.

Requests for termination of a certificate of registration shall be in writing to the permit official and accompanied by documentation in support of the request. The failure of the permit official to terminate the certificate of registration as provided herein within thirty days after the date that the written request was made shall constitute a denial of the request for the termination and the owner may appeal such action by following the procedure provided in Section 18.40.060.

K.

A certificate of registration issued under this chapter is transferable to a new owner during the first six months following issuance of the certificate of registration and upon an owner's written request to the permit official for a transfer of the certificate of registration, provided that:

1.

The owner has complied with the provisions of this chapter or other city ordinance or state or federal law applicable to the vacant building;

2.

Payment of the administrative established fee for transfer of the certificate of registration; and

3.

The new owner's acceptance of the application information for the certificate of registration to be transferred.

The failure of the permit official to transfer the certificate of registration as provided herein within thirty days after the date that the written request was made shall constitute a denial of the request for the transfer and the owner may appeal such action by following the procedure provided in Section 18.40.060.

L.

An owner or applicant shall notify the permit official in writing within thirty days after any material change in the information contained in the application for a certificate of registration for a vacant building, including any changes in ownership of the property or intended use, rehabilitation, demolition, or routine maintenance of the vacant building.

M.

If the permit official has reason to believe that a building is a vacant building and it is unregistered, the permit official shall evaluate the building and make a determination as to whether the building is a vacant building within the meaning of this chapter. If the permit official finds the building is a vacant building:

1.

The permit official shall give written notice of such determination to the owner of the subject building. The notice of determination shall identify the building; street address or legal description of the property; state the factual basis for the determination; classify the building as a vacant building; and the obligations of an owner to register the building as set forth in this chapter.

2.

The notice under this section must comply with the requirements of Texas Local Government Code Section 54.005.

3.

The permit official satisfies the requirements of this section to make a diligent effort, to use his best efforts, or to make a reasonable effort to determine the identity and address of an owner if the permit official searches the following records:

a.

Real property records of El Paso County, El Paso, Texas;

b.

El Paso Central Appraisal District records;

c.

Records of the secretary of state;

d.

Assumed names records of the El Paso County, El Paso, Texas;

e.

Tax records of the city; and

f.

Utility records of the city.

4.

When the permit official mails a notice in accordance with this section to an owner and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

5.

An owner may appeal the determination of the permit official that the building should be classified as a vacant building under this chapter by following the procedure provided in Section 18.40.060.

(Ord. No. 17968, § 1, 3-5-2013)