Fiscal Note
No signficant fiscal impact is anticipated.
Title
Creating Section 27.085 entitled "Vacant and Damaged Buildings" and renumbering and amending Section 27.08(7) of the Madison General Ordinances to expand the ability of the Building Inspection Division to secure vacant buildings.
Body
DRAFTER'S ANALYSIS: This proposal creates Sec. 27.085 entitled "Vacant and Damaged Buildings" and renumbers and amends Sec. 27.08(7) of the Madison General Ordinances to expand the ability of the Building Inspection Division to secure vacant buildings. In creating this new Section, the requirements of owners or operators of vacant or damaged buildings are easier to locate in the Code. In addition, in amending the former Subsection 27.08(7), this proposal imposes a requirement on owners and operators of buildings to secure any vacant and unsecured building regardless of whether it has been damaged, entered or vandalized (which is what is currently required). This proposal also extends these requirements to the operator of a property, thereby allowing the City a greater likelihood of obtaining voluntary compliance with these requirements where there may be corporate or limited liability owners, or management companies responsible for the property. This proposal is meant to strengthen the requirements on property owners and operators to secure vacant buildings, as well as give the City greater ability to respond and secure vacant and unsecured buildings through a nuisance abatement action rather than having to wait until something happens at the property. Finally, this proposal eliminates the severance clause contained in Sec. 27.08(7)(g) as that Subdivision is duplicitous with Section 1.12 of the Madison General Ordinances.**********************************************************************************
The Common Council of the City of Madison do hereby ordain as follows:
1. Section 27.085 entitled "Vacant and Damaged Buildings" of the Madison General Ordinances is created to read as follows:
"27.085 VACANT AND DAMAGED BUILDINGS.
(1) Definitions. For the purposes of this section, the following definitions shall apply.
"Unsecured" means there exists an opening into a building through which a person or animal may enter that is not maintained by the owner, operator or legal occupant in a manner that controls access thereto.
"Vacant" means that there are no readily observable indications that anyone with legal justification is actively residing at the property."
2. Subsection (7) of Section 27.08 entitled "Designation of Unfit Buildings or Structures and Legal Procedures of Repair or Razing" of the Madison General Ordinances is hereby renumbered to Section 27.085(2) and amended to read as follows:
"(72) Vacant Buildings.
(a) Requirement to Secure Vacant Buildings. Any building which has been is vacant and unsecured for more than ten (10) days for any reason and has been damaged, illegally entered, vandalized, or entered by animals constitutes a public nuisance. No person may maintain or permit a public nuisance within the City. The owner or operator shall abate the nuisance by securing the building, including any shed or outbuilding, against entry by persons or animals. This shall may include, with prior written approval of the Director of the Building Inspection Division, adequately boarding up doors, windows and other openings in a workmanlike manner so as to prevent illegal entry, vandalism or damage. Trespassers, garbage, Aanimals, animal nests and animal nesting materials shall be removed prior to securing the building.
(b) Other Requirements of the Owner or Operator of a Vacant Building. The owner or operator of a vacant building shall ensure that the following requirements are met with respect to the vacant building:
1. The building utilities, plumbing, electrical and heating systems in vacant buildings shall be maintained at all times in a safe condition, inactivated or drained so as to prevent the possibility of damage to the structure by the failure of such utilities and so as to prevent hazardous and dangerous conditions.
1.2. At least one door boarded at the grade level shall be maintained with locks and hinges to permit entry for inspection purposes.
2.3. The property owner is required to provide the Director of Building Inspection with aAccess to the building for inspection purposes is required to be provided to the Director of the Building Inspection Division.
3.4. Screening or alternate methods of boarding may be permitted upon prior written approval by the Director of the Building Inspection Division, or designee.
4.5. The owner shall notify the Director of Building Inspection shall be notified in writing no later than ten (10) days prior to the sale, transfer or possession, or the unboarding of the property.
(c3) Damaged Buildings. When any building has been damaged by fire or other cause, and when hazardous or dangerous conditions exist, and when such the building cannot be secured by conventional locking or boarding up of windows and doors, such building shall be fenced off so as to prevent access and entry to the structure and the area immediately surrounding the structure within five (5) days of the damage by fire or other cause.
(d4) Abatement. The provisions of Section 27.05(3)(d) and (e) of these ordinances apply to the abatement of nuisances under this subsection.
(ea) Authority to Assess Costs. The cost of abatement or removal of a nuisance under this section shall be collected from the owner, occupant or person causing, permitting or maintaining the nuisance and, if notice to abate the nuisance, if applicable, has been given to the owner, such cost shall be assessed against the real estate as a special charge.
(fb) Abatement in Accordance with State Law. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the City or its officials and employees in accordance with the laws of the state.
(g) Severability. The provisions of any part of this section are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein."