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File #: PH-23-003    Version: 1 Name: Vacant Building Registry Ordinance Amendment
Type: Ordinance/Public Hearing Status: Passed
File created: 12/6/2022 In control: City Council
On agenda: 1/24/2023 Final action: 1/24/2023
Title: HOLD a public hearing and consider an ordinance amending the Code of Ordinances, Chapter 31, Sec. 31-393, Vacant Structures in the Historic Overlay District, to amend the Vacant Structure Registration.
Sponsors: Development Services
Attachments: 1. Ordinance, 2. Presentation

Title

 

HOLD a public hearing and consider an ordinance amending the Code of Ordinances, Chapter 31, Sec. 31-393, Vacant Structures in the Historic Overlay District, to amend the Vacant Structure Registration.

 

Summary

 

DATE:                     January 17, 2023                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Edwin Revell, Executive Director of Development Services                     

 

SUBJECT:                     Amendment to Chapter 31, Vacant Structure Registration                     

 

BACKGROUND AND FINDINGS:

 

At the November 8, 2022, Council Meeting, City Council issued a motion of direction for staff to amend the Vacant Structure Registration ordinance. Killeen Code of Ordinances Section 31-392 states that the Historic Overlay District (HOD) “is envisioned as a tool to help stabilize and improve property values; to encourage neighborhood conservation; foster civic pride and past accomplishments; to protect and enhance city attractions for tourist and residents; to strengthen the economy, and to promote the use of historical and cultural landmarks for the general welfare of the community.”

 

In congruence with this purpose of the HOD, staff has recently observed and evaluated the existing inventory of buildings within the Historic Overlay District and have noted the following:

-There are currently 34 vacant buildings out of 110 structures

-19 of those buildings were also identified as vacant in 2020

-Since the adoption of the ordinance in 2020, only 8 vacant structures have been registered

 

At the direction of the City Council, these proposed ordinance amendments include the following updates:

-                     Expedites the timeline from when the initial notice is sent to register to the time penalties are imposed for failure to register from 90 to 30 days.

-                     Provides for increased penalties for failure to register within the notice period of 30 days which include both a misdemeanor and upon conviction in municipal court, shall be subject to fines for each offense, with every day constituting a separate offense.

-                     Provides for increased structure inspections to include external and internal inspections to ensure the structure complies with minimum standards of care.

-                     Allows for the reinspection of structures in a more timely manner if the initial inspection deems the structure as non-compliant with minimum standards of care requirements.

-                     Provides for increased penalties for failure to bring the building into compliance with the minimum standards of care in a timely manner that include both a misdemeanor and upon conviction in a municipal court shall be subject to fines for each offense, with every day constituting a separate offense.

 

THE ALTERNATIVES CONSIDERED:

 

1.                     Do not approve amendments to the Vacant Structure Registration Ordinance

2.                     Approve amendments to the Vacant Structure Registration with changes

3.                     Approve amendments to the Vacant Structure Registration as stated

 

Which alternative is recommended? Why?

 

Based on City Council’s motion of direction, it is recommended to approve the changes to the Vacant Structure Registration. Approval of the proposed amendments will address health, safety, and viability concerns in the Historic Overlay District.

 

CONFORMITY TO CITY POLICY:

 

The amendments to the Vacant Structure Registration conform with to Governing Standards and Expectations.

 

FINANCIAL IMPACT:

 

What is the amount of the expenditure in the current fiscal year? For future years?

 

There is no financial impact associated with this action.

 

Is this a one-time or recurring expenditure?

 

N/A

 

Is this expenditure budgeted?

 

N/A

 

If not, where will the money come from?

 

N/A

 

Is there a sufficient amount in the budgeted line-item for this expenditure?

 

N/A

 

RECOMMENDATION:

 

City Council approve the amendments to the Vacant Structure Registry.

 

DEPARTMENTAL CLEARANCES:

 

This item has been reviewed by Development Services and Legal Staff.

 

ATTACHED SUPPORTING DOCUMENTS:

 

Ordinance