75A - PH AMENDING CH. 8 OF MUNI CODE

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including the building code, or other applicable law: (c) To initiate proceedings against the owner of any vacant building found to be substandard as defined in this chapter or a nuisance under any other provision of this code: and (d) To maintain surveillance over vacant buildings so that timely enforcement proceedings are commenced in the event a building becomes substandard or a nuisance. (2) Authority. The Chief Building Official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city. The program shall be documented and regularly updated. The program shall be available for public review. (3) Fee Imposed. There is imposed upon every owner of a vacant building monitored pursuant to this chapter, an annual vacant building monitoring fee in an initial amount as the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or non- residential, which: (a) Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city: or (b) Is vacant for more than ninety (90) days for any reason. 4) Fee Waiver. The vacant buildina monitorina fee shall be waived upon a showing by the owner that: (a) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy: or (b) The building meets all applicable codes and is actively being offered for sale, lease, or rent: or (c) Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building. (5) Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the Orange County Assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (4) of this section by submitting a written statement of the grounds for the waiver to the Chief Building Official within thirty (30) days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The Chief Building Official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Chief Building Official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision. (6) Appeal. Any owner aggrieved by the decision of the Chief Building Official relating to an application for waiver may appeal the decision pursuant to section 8-1991 within fifteen (15) days of the mailing of the decision. Ordinance No. NS-XXXX Page 12 of 16 75A-17