§ 518.205. Boarding of vacant buildings or dwellings.

(a)

It is declared unlawful and a public nuisance for any owner of any property in the city to maintain such property or permit such property to be maintained in such manner that any one or more of the conditions described in the following subsections are found to exist:

(1)

Any vacant and unoccupied buildings of which doors, windows, or other openings are broken or missing, so as to allow access to the interior, or boarded and which is not secured in compliance with Section 518.205(c)(1),(2)or (3).

(2)

Any vacant and unoccupied building of which doors, windows, or other openings are secured by boarding for a period exceeding six months with the exception of historic buildings that have an approved mothball status.

(b)

Additional time period extensions beyond the initial six month boarding of a building may be approved by the Special Magistrate or Municipal Code Enforcement Board.

(c)

When a building or structure is unoccupied and is unsafe because it is vacant, unguarded and open at doors or windows, or otherwise provides access to the interior, the Chief may approve the temporary securing of the building or structure. Materials or methods for securing the building or structure shall be as follows:

(1)

Windows and doors shall be repaired or replaced, closed and locked to prevent unauthorized entry. Other openings shall be sealed with solid sheathing, consisting of one-inch boards or minimum 1/2-inch exterior grade plywood or equivalent, securely nailed in place with 8d nails and painted a similar color as the main structure; or

(2)

Windows, doors and other openings shall be secured by covering same with solid sheathing consisting of one-inch boards or minimum 1/2-inch exterior grade plywood or equivalent, securely nailed in place with minimum 8d nails and painted a similar color as the main structure. Where there is no frame or where the frame is loose or defective, a subframe of two by four-inch lumber shall be provided to secure the sheathing.

(3)

The Chief may approve alternatives to the above methods, providing the alternatives are equivalent to the above in strength.

(d)

When a structure is subject to a mothballing COA pursuant chapter 307, the structure's owner shall secure the structure using the methods prescribed by rules adopted pursuant to section 307.305.

Boarding may be for a period of three years if approved for a mothballing certificate of appropriateness, with any extensions that may be granted through a subsequent certificate of appropriateness and the process outlined under Chapter 307, Part 3. Property owners of non-emergency condemned properties that are locally designated or listed on the National Register of Historic Places shall be notified of the option to mothball their building and be given 60 days to respond. The city will hold in abeyance enforcement or corrective measures until that period expires.

(Ord. 2006-1363-E, § 10; Ord. 2011-408-E, § 3)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.