Unmaintained Vacant Dwellings

Initial Inspection for the purposes of this regulation, means the inspection of a Vacant Dwelling conducted by the Department to assess an Owner’s compliance with a previously issued notice of violation of Chapter 26. The results of the Initial Inspection shall be used as the basis of the Director’s determination about whether to designate a Vacant Dwelling unit as an Unmaintained Vacant Dwelling; and, the date of the Initial Inspection shall be the date used to calculate the assessment of any inspection fees.

Subsequent Inspection means any inspection of an Unmaintained Vacant Dwelling conducted after the Initial Inspection, including a second inspection, third inspection, fourth inspection, and so forth, that is required to assess a Vacant Dwelling’s compliance with Chapter 26, and to ensure that the Vacant Dwelling remains secured against casual entry.

The Director may designate a Vacant Dwelling as an Unmaintained Vacant Dwelling following a notice of violation issued under Section 26-12 if an Owner fails to take the remedial action required, and within the timeframe specified, in the notice of violation.

Upon the Director’s determination that a Vacant Dwelling is an Unmaintained Vacant Dwelling, the Director shall provide notice to the Owner within 30 days of the Director’s determination. This notice shall also advise the Owner of the Owner’s right to appeal the designation of the Owner’s property as an Unmaintained Vacant Dwelling within 10 days of the date of the Director’s notice. The Director’s notice shall also provide information on the appeal process for challenging the Director’s designation.

The Director shall designate as an Unmaintained Vacant Dwelling:

Inspection frequency. The Department must inspect an Unmaintained Vacant Dwelling at least once in each twelve-month period to assess the Unmaintained Vacant Dwelling Unit’s compliance with Chapter 26, and to ensure that the property remains secured against casual entry, if applicable. In addition to inspections initiated in response to specific complaints received by the Department regarding an Unmaintained Vacant Dwelling, the Department may conduct more frequent inspections based upon reasonable assumptions and pertinent factors that indicate that more frequent inspections are warranted. Such factors include, but are not limited to:

Nothing in this regulation prohibits the Department from citing the Owner of an Unmaintained Vacant Dwelling for additional violations of Chapter 26 based upon the results of a Subsequent Inspection.

The Department shall charge an inspection fee for each Subsequent Inspection of an Unmaintained Vacant Dwelling; inspection fees for Subsequent Inspections will be charged according to the following fee schedule:

Subsequent Inspections and the associated inspection fees shall be calculated from the date of the Initial Inspection.

The inspection designation and fee schedule shall be re-initiated upon legal transfer of ownership of the Dwelling.

The Department may take legal action to collect inspection fees assessed under this regulation, including the right to levy a lien on the Unmaintained Vacant Property and collect the lien in the same manner as taxes are collected.

An Owner appealing the designation of the Owner’s property as an Unmaintained Vacant Dwelling under Section 26-25 must do so on a form prescribed by the Department, and must provide documentation required by the Department, in order for the Director to reconsider the designation as an Unmaintained Vacant Dwelling. Required documentation includes, but is not limited to:

For a claim that the Dwelling was improperly designated as a Vacant Dwelling as defined under Chapter 26, the Owner must permit the Department to inspect the Dwelling to verify occupancy and compliance with Chapter 26.

In the case of a successful appeal of the Director’s designation, any inspection fees assessed under this regulation shall be removed from the Owner’s tax bill, or if the inspection fees have been paid, they will be refunded to the Owner.

An Owner whose appeal of the Director’s designation under these regulations is successful must continue to maintain the Dwelling in compliance with Chapter 26.

At the Director’s sole discretion, any inspection fee authorized under this regulation may be held in abeyance (“fee suspension”) if the Owner demonstrates to the Director’s satisfaction, that the Owner’s failure to correct a violation is due to temporary factors beyond the Owner’s control. In such case, the Director shall establish a reasonable period for the Owner to comply with Chapter 26. If, after that reasonable period, the Owner is still not in compliance, the inspection fee will be assessed. Examples of factors beyond the control of the Owner include, but are not limited to, material or supplies to correct the violation(s) are on back-order, or repairs cannot be made due to seasonal conditions.

For a fee suspension to be granted, the Director must determine that the Owner is making a good faith effort to correct violations, as demonstrated by at least fifty percent (50%) of the violations identified during the Initial Inspection being corrected during the period provided in the notice of violation issued under 26-12.

For a fee suspension to be granted, the Owner must provide documentation, acceptable to the Director, substantiating the reason for the Owner’s delay in correcting violations, documenting the Owner’s good faith efforts since the Initial Inspection to correct all violations, including but not limited to, providing the Director executed contracts for services and labor and invoices for materials and supplies, and providing the Director with a good faith plan, including a reasonable timeframe, to correct all remaining violations by a date certain.

An Owner’s failure to comply with the requirements of this Section 26.00.03.06 may result in the Department issuing civil citations in addition to assessing inspection fees.