Any vacant building subject to registration under this section that has conditions present at the building, or on the property on which the building is located, that constitute a public nuisance under this Code shall be subject to a monthly monitoring fee and per incident enforcement response fee, to recover the City’s regulatory costs to monitor and respond to the building or property.
a. Monitoring Fee. A monitoring fee shall be imposed upon the initial determination that the vacant building constitutes a “continuing public nuisance” under the Code. A property is a “continuing public nuisance” if three (3) administrative citations have been issued for a public nuisance condition on the property under subsection 10-1.6 within a twelve (12) month period of time, and the owner has not abated all conditions constituting a public nuisance at the time of determination. The fee shall thereafter be imposed monthly following imposition of the initial monitoring fee. The fee shall be imposed so long as a public nuisance as defined in this Code exists at the building or premises. The fee shall be applicable even in the absence of any action, administrative or otherwise, by the City pursuant to any other provision of this Code. The monitoring fee shall be two hundred ($200.00) dollars per month.
b. Response Fee. A response fee shall be imposed when the Enforcement Official responds to a vacant building subject to registration, determines a code violation exists and issues an administrative citation. The response fee may only be assessed once per day, per property. If the administrative citation is dismissed on appeal, the response fee shall also be dismissed. The response fee shall initially be set at fifty ($50.00) dollars.
A fee imposed pursuant to this subsection may be appealed and collected in the same manner as an administrative violation through the administrative citation process set forth in Section 1-9. (Ord. #230-2019, S2)