§ 150.098 MONITORING PROGRAM; PURPOSE AND OPERATION. — Eureka Zoning Code

(A) Because of the potential economic and public health, welfare, and safety problems caused by vacant buildings, the city needs to monitor vacant buildings, so that these buildings do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood.

(B) There is a substantial cost to the city for monitoring vacant buildings and that cost should be borne by the owners of the vacant buildings.

(C) The Public Works Director or designee is responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings or structures in the city.

(D) The purpose of the monitoring program is:
(1) To promptly identify buildings that become vacant.
(2) To order vacant buildings that are open and accessible to be secured against unlawful entry.
(3) To initiate appropriate proceedings against any vacant building owners to prevent buildings from becoming or remaining substandard or a public nuisance.
(4) To ensure and encourage buildings be used for the highest and best purpose and to promote a flourishing community.
(E) Notice of vacant building:

(1) Upon discovery of a potential vacant building by a code enforcement officer or receipt of a complaint about a vacant or boarded building from any source, the city may, after inspection, determine that the building or structure should be classified as a vacant building.

(2) If the city determines that a building or portion of a building may be classified as a vacant building under this subchapter, the city will ascertain the identity of, and contact the owner or agent of the owner, and advise the owner in writing that the building or structure is vacant and advise as to which measures must be taken to secure and maintain the vacant building.

(3) If the city determines that a building or structure is vacant it may cause a "Notice of Vacant Building" to be recorded in the chain of the title to the property, which notice will reference the provisions of this subchapter and disclose that administrative penalties and costs may likewise be assessed against the owner and property if the building or structure is allowed to remain in a vacant condition. Upon correction of any unlawful vacancy conditions on the property and satisfaction of any penalties or assessments on the property, the city will record a rescission or cancellation of the Notice of Vacant Building.

(4) If the owner fails to respond within sixty days of the written notice, the vacant building will constitute a nuisance, and the city may, without further notice, and by any lawful means, abate the nuisance.

(5) The owner will be liable for the costs incurred by the city for inspections or to secure the building or structure, including costs incurred to ascertain ownership of the property and obtain title information, prepare notices, and any and all administrative costs together with actual labor or material cost or expense incurred by the city to secure the vacant building and otherwise abate the nuisance. If the owner does not reimburse the city within 60 days of being billed therefore, the city will pursue a lien against the property for all the expenses incurred by the city.

(F) Vacant building plan and timetable:
(1) The owner of any vacant building must submit to the city for approval a vacant building plan. The vacant building plan and timetable must include, at a minimum, the following information:
(a) A description of the premises, including the address thereof;
(b) The names, addresses, and telephone numbers of all owners with a right of control over the vacant building or structure;

(c) The names and addresses of all known lien holders and other parties with an ownership interest in the vacant building or structure;

(d) The name, address, and telephone number of the owner's property manager or agent, and stating whether the property manager or agent has the authority to act independently on the owner's behalf to repair or maintain the property;
(e) The period of time the building is expected to remain vacant;
(f) If the owner plans on demolishing the building, the date the building is scheduled for demolition, and whether or not all permits have been issued for the demolition;
(g) If the owner plans on returning the building to a lawful occupancy and use, the estimated date for returning the building

to a lawful occupancy and use, and a list of improvements necessary to return the vacant building to a lawful occupancy and use, and a timeline for obtaining all necessary permits to affect the listed improvements;

(h) A plan for regular inspection and maintenance of the building during the period of vacancy;

(i) Measures the owner will employ to secure the building to prevent access by trespassers, including, at a minimum, the installation and/or repair and maintenance of adequate windows and doors, as well as at least one of the following:

Installation and maintenance of adequate locks for windows and doors.
Employment of security officers to the satisfaction of the city.
Installation, operation, and monitoring of an electronic security system, which monitors doors and windows by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Department.
Any other methods as specified by the city.

(j) Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or agent of the owner with full authority to maintain and make repairs to the property on a weekly basis.

(k) Measures the owner will take to ensure that the building returns to the market as either livable or commercial space as soon as practicable.

(2) Any and all repairs required to implement the plan and timetable must comply with all applicable City of Eureka ordinances, codes, and regulations. The owner will be required to notify the city in writing of any changes in information supplied within ten days of the change.

(3) In the event that the owner fails to comply with the vacant building plan and timetable, the city will notify the owner or authorized agent in writing of its intent to institute appropriate administrative, civil or other legal action to secure compliance with this subchapter.

(G) Monitoring fee imposed. Any vacant building, as defined in this subchapter will be subject to a quarterly monitoring fee to recover the city's regulatory costs to monitor the status of the vacant building. The monitoring fee will be set by resolution of the City Council. The monitoring fee will be assessed until such time as the building or structure is no longer vacant and will likewise be applicable even when a vacant building plan and timetable are in effect. The monitoring fee will be imposed upon the initial determination that the building is vacant. The fee will thereafter be billed to the owner on a quarterly basis until such time as the building or structure is no longer vacant or boarded.

(H) Code enforcement response fee. In addition to the monthly monitoring fee imposed under this section, the city also establishes a further and separate enforcement response fee for actual costs incurred by the city to respond to or abate substandard or blighted conditions existing in or about the property upon which the vacant building is located. Such costs may include, but not be limited to, personnel costs involved with inspecting or responding to calls for service at the property, personnel costs involved in abating the substandard or blighted conditions existing on the property, costs of any materials or supplies either purchased or supplied by the city in connection with the abatement of any substandard or blighted condition in or about the property, costs of any contracted services, including the costs of materials, supplies, and labor provided by the city's contractor, if any, costs of procuring title or ownership information concerning or related to the property, as well as any other incidental enforcement costs incurred by the city in connection with remedying the substandard or blighted conditions existing on the property. The amount of the code enforcement response fee will be based on actual personnel, materials, and contract costs plus a 10% administrative fee. (Ord. 956-C.S., passed 9-3-24)