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09/17/2019 13 Central Business District Vacant Commercial Spaces; YMC Addition Chpt 11.49 a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 13. For Meeting of: September 17, 2019 ITEM TITLE: Ordinance adding Yakima Municipal Code Chapter 11.49 Minimum Standards and Maintenance of Vacant Commercial Space in the Central Business District SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The Economic Development Committee (EDC) reviewed the Vacant Building Registry Ordinance, which proposes to create a registry of vacant commercial buildings in the Central Business District, and increases minimum maintenance standards for those buildings. As part of that review, the proposed ordinance was presented at the August Downtown Association of Yakima (DAY) meeting to downtown business owners, where it was not well received. At its August EDC meeting, the committee chair suggested the revised ordinance should go back to Council for discussion. At its September 3, 2019 City Council meeting, Councilmember White briefed the Council on the status and, after a motion and a second, the City Council directed that this be placed on the agenda. The ordinance as presented to the Council herein is the most recent version that was in front of the EDC for review. It includes minimum maintenance standards for commercial buildings in the Central Business District (CBD) as well as a vacant commercial building registry to track what vacancies are in the CBD. ITEM BUDGETED: STRATEGIC PRIORITY: Economic Development APPROVED FOR — ,� Interim CityManager SUBMITTAL: -__ - -- - 9 STAFF RECOMMENDATION: Staff recommends that this ordinance be further discussed and that the City Council further direct staff as to how and if they want to further pursue this ordinance. BOARD/COMMITTEE RECOMMENDATION: 2 Committee Chair White recommended this revised ordinance be discussed with the full Council. Subsequently, the ordinance was placed on the agenda by a motion of the full City Council. ATTACHMENTS: Description Upload Date Type D Ordnance re YMC 11 4.9-track changes 915/2019 Ordnance D Ordinance re YMC 11 49-changes accepted 9/512019 Ordinance 3 ORDINANCE NO. 2019- AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and Maintenance of Vacant Commercial Space in the Central Business District WHEREAS, maintaining a clean and inviting downtown core is important for residents, visitors and those looking to start or relocate a business to downtown Yakima; and WHEREAS, there have been instances where businesses have closed and have not been maintained, causing an eyesore downtown; and WHEREAS, to enhance economic development downtown, including to increase occupancy in businesses and provide a welcoming downtown, a higher standard of maintenance should be required for downtown commercial businesses; and WHEREAS, to make sure that the City is aware of vacant commercial buildings in the Central Business District, and therefore can monitor the condition of those buildings the ordinance proposes a vacant building registry to be operated by the City and funded by owners of commercial buildings that are vacant; and WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the City and its residents to enact the ordinance; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant Commercial Space in the Central Business District" is added as a new Chapter to the Yakima Municipal Code and reads as follows: 11.49 Minimum standards and maintenance of vacant commercial space in the central business district. 11.49.010 Scope 11.49.020 Administration 11.49.025 Compliance with YMC 11.48 11.49.030 Definitions 11.49.040 General minimum maintenance requirements 11.49.050 Vacant commercial space registration 11.49.060 Window displays for commercial spaces not occupied for thirty days 11.49.070 Fees for vacant commercial space registration 11.49.080 Exemptions 11.49.090 Delinquent registration fees Collection 11.49.100 Duty to amend registration statement 11.49.110 Inspections 11.49.120 Enforcement 11.49.130 Annual Report 1 * 11.49.010 Scope. The provisions of this chapter apply tn all structures in the Central Business District, unless otheRvise stated. All responsible persons shall comply with the requirements of this chapter. 11.49820 Administration This chapter will be administered by the code administration manager or their designee, who may adopt administrative rules and requlation5 consistent with its terms. The codes administration noanaqer (and their designee). code inspectors, orcode compliance officers are authorized tn enforce this chapter. 11.49.025 Compliance with YMC 11.48 All buildinq5 subject to this chapter shall also comply with the requirements of Yakima Municipal Code section 11.4Oas now exists nris hereafter amended. 1129830 Definitions For purposes nf this chapter: "Central business district" means the central business district, or CBD, zone in the city of Yakima as defined by the Yakima Urban Area Zoning Ordinance, Title 15Y&1C. "Cky" means the city of Yakima, its officers, employees and aqents. "Commercial space" means any portion of a structure in the central business district zone that is not intended for residential use. Each distinct space in multi-unit building is considered a separate commercial space for purposes of this chapter. "Occupied" means a permitted nonresidential use physically located and lawfully nperahnq in the space for at least three consecutive months. "Responsible person" means any person, hrno, associaUnn, corporation or any aqenttherenf` owning. |eadng, renting or having lawful possession of a structure in the central business district. "Vacant commercial space" means any portion of a street-level commercial space that, on or after January 1 , 2020, is riot occupied and has riot been occupied durinq the precedinq ninety days. 11.49840 General minimum maintenance requirements. All responsible persons shall perform the fnUnring with respect to each commercial space they own, lease, rent nr lawfully possess: a. Maintain all exterior surfaces, includinq, but not limited to doors, windows, door and window franoes, cnrnices, pnrches, trino, ba|cnnies, dec4s, and fences, in good condition. b. Protect exterior wood surfaces, other than decaV-resistant weeds, from the element sand decay with paint or other protective coverinq or treatment. If protection of the 2 s surface is cnnoprnnoised, restore adequate protection within fourteen calendar days or other time period approved in advance by the code administration noanaqer; for exanop|e, remove pee|ing. flaking or chipped paint and repaint the compromised surface. c Cause all sidinq and masonry joints and joints between the buildinq envelope and the perimeter of pindnwo, dnors, and skYUqhts to be weather-resistant and watertight. d. Coat all metal surfaces subject to rust or corrosion, except those dedqned to be stabilized by oxidation, to inhibit rust or corrosion, after first 5tabiliziriq any existinq rust and corrosion. Remove oxidation stains from exterior surfaces. e. Maintain all exterior walls free from dirt, qrime, holes, breaks, qraffiti, and loose or decaVinq materials. Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration. i Maintain the roof and f|ashinqnf all structures snthat they are sound, tight. free of defects, do not attract pests nr create a public nuisance. Maintain adequate roof drainacle, maintain roof drains, qufter5, and downspouts in qood repair and free from obstructions. g. Broken windows or doors shall be replaced. No windows or doors may be boarded up with p|Yn/nod, omnd, cardboard, nrother material for more than five (5) business days while the responsible person isvvaihnq for the vvindooaor doors to be replaced. 11.49.050 Vacant commercial space registratinn a. At least one responsible person for each vacant commercial space must reqister that space with the city withinten (1U) calendar days nfthe date the space becomes vacant, as that term is defined in Section 11.498JU. b. A space will considered to be registered on the date the city receives, on a form provided by the code administration noanagerand properly completed and dqned by a responsible person, the fnUnwinqinformation: 1. The street address and parcel number nf the vacant commercial space; 2. The nanoe, address, daytime and eveninq telephone numbers of each responsible person for the vacant commercial space, includinq, but not limited to the owner and tenant . 3. The period of time the vacant commercial space is expected to remain vacant; and 4. Any other information requested by the code administration noanaqer for the administration of this chapter. c A responsible person must renew the reclistration for each vacant commercial space on or before January 1mnfeach year that the space remains vacant. Arespnndb|e person must submit the renewal application to the city on forms provided by the code administration noanager. 3 s d Upon satisfactory proof to the code administration manager that the vacant commercial space is occupied as defined in Section 11.49.030, the vacant commercial space will be unreqistered. Proof nfphysical occupation may inc|ude, but is riot limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the space that are consistent with the unit's intended use, and persons regu|ady present at and using the space for its intended use. Proof of physical occupancy must also include dncunoentahnn, which may inc|ude, but is not limited to, a current executed lease aqreenoenL paid utility receipts reflecting payments for three consecutive months from the month the space is nccup|ed, or valid state and local business licenses, federal income tax or business and occupation tax statements indicating the subject space is the official business address nfthe person nr business dainoinqoccupancy. e. The determination of the number nfvacant commercial spaces a structure contains will be at the reasonable discretion of the code administration noanaqe[ who may take into account the number of unique spaces within a structure, the number of tax assessor parcel numbers associated with the structure, or the previous use of the structure. 11.49.060 Window displays for commercial spaces riot occupied for thirty days. When commercial space is unoccupied for more than thirty daYs, a responsible person must take steps to avoid adverse impacts on the neiqhborhnod and create an attractive streetscape by app|Ying at least one of the foUnwinq measures to all ground floor windows that face sidewa|ks, streets, nr public open space: a. Paint windows with visually appealing scenes depicting or sugqeshnq business or cu|tura| achvihes� b. Display works of art or provide other displays of cultural or educational value, u5inq backqrnund panels or other methods to screen views from the sheet of the unoccupied space; or c Other measures consistent with these examples approved by the code adnoinistrationnoanaqer. 11.49D/0 Fee for vacant commercial space reqistrahon. a. Ad least one responsible person shall pay an annual registrahonfee of Five Hundred Dollars ($5U080) for each vacant commercial space in the central business district at the time the space is registered and on January 111 of each year that the space remains vacant. b. The fee is intended to defray the costs nfadnoinistehnq this sectinn, and may be amended by the City Council tomeet the costs. 11.49800 Exemptions. a. The fee required insection 11.49D/0 shall not be required if the foUnwinqconditions are met: 4 7 1. The space meets all applicable codes and requ|ahons that apply to a pernoUƒed nonresidential use, and the responsible person is actively aMenopUng to sell, lease, or rent the property (vvfiich is evidenced, in part, by appropriate siqriaqe at the space visible to the pub|ic); and Z The space complies with section 11.49D60; and 3. There are no nuisance activities nn the property; and 4. The ddeom|4s are consistently cleaned and cleared of debris, snow, leaves and qarbage. b. The fee required in section 11.49.070 shall not be required if the space is the subject of a current, valid buildinq permit for repair or rehabilitation and the responsible person provides proof, such as receipts, invoices or executed contracts, that the repair orrehabilitation is proceeding pithoutsignihcant delay. c The fee required insection 11.49.U/U shall not be required if the space is located on property which is the subject of a land use application for redevelopment for which approval has been granted. but bui|dinq permits have yet to be issued. d. Even if the vacant commercial space isexempt from payment nf the fee outlined in section 11.49D/0, the responsible person shall register the vacant commercial space with the city pursuant to section 11.49.U5U. 11.49.090 Delinquent registrahnnfees--coUec1inn. If responsible person fails to pay the reqishahonfee by the due date, the city is authorized to take action to collect the reqi5tration fee, includinq, but riot limited to, enforcement as provided by section 11.49]20. 0inq civil actions nrturninqthe matter over to coUechon, in which case costs incurred by the city as a result of the collection process will be assessed to the responsible person or responsible persons in addition to the reqi5tration fee. 11.49]00 Duty tn amend registrahonstatement. Responsible persons for any registered vacant commercial space shall advise the building official, inw/hnq. nf any changestothe information an the reqishahon form within thirty days nf the occurrence of the change. 11.49]10 Inspections. In addition to inspection hqhts pursuant to Yakima Municipal Code Section 11.40, the code administration noanaqerand their designees. code enforcement oMicers, building inspectors, or any combination thereof, are authorized to conduct inspections to enforce the provisions of this chapter. 11.49]20 Enforcement. a. Enforcement of the provisions of this chapter will be performed in accordance with Chapter 11]0. 5 u b. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and even/ daYtheY commit, continue orpernoita violation of any provision nf this chapter. c All responsible persons for a commercial space are ioint|Yand severally responsible with respect to that commercial space for compliance with the provisions of this chapter and or any payments that they may be required to make to the city under this chapter. If the commercial space is subject to a |ease, the city shall have discretion to determine whether to enforce this chapter aqairist a commercial space owner, the tenant, or both of them, but the city shall consider in this determination whether the lease provides that the compliance with this chapter is the responsibility of the commercial space owner or the tenant. 11.49120 Annual report. The code administration noanagerriU make a report once each year, if requested by the City Cnunci|, an the status of the vacant commercial space registration proqrano. If no request is made by the City Counci|, the code administration noanaqerniU draft summary report of the prngrano for the City &1anagernn or before June JUm of every odd year onthe status of the vacant commercial space reqistranonproqrano` Seotion2. Severabi|ity. |f any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Seotion3. This ordinance shall bein full force and effect 3O days after its passage, approval, and publication as provided by law and by the City Charter. PASSE[) BY' THE CITY COUNCIL, signed and approved this 17th day ofSeptember, 2019. ATTEST: Kathy Coffey, Mayor Sonya C|aar Tee, City Clerk Publication Date: Effective Date: 6 9 ORDINANCE NO. 2019- AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and Maintenance of Vacant Commercial Space in the Central Business District WHEREAS, maintaining a clean and inviting downtown core is important for residents, visitors and those looking to start or relocate a business to downtown Yakima; and WHEREAS, there have been instances where businesses have closed and have not been maintained, causing an eyesore downtown; and WHEREAS, to enhance economic development downtown, including to increase occupancy in businesses and provide a welcoming downtown, a higher standard of maintenance should be required for downtown commercial businesses; and WHEREAS, to make sure that the City is aware of vacant commercial buildings in the Central Business District, and therefore can monitor the condition of those buildings the ordinance proposes a vacant building registry to be operated by the City and funded by owners of commercial buildings that are vacant; and WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the City and its residents to enact the ordinance; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant Commercial Space in the Central Business District" is added as a new Chapter to the Yakima Municipal Code and reads as follows: 11.49 Minimum standards and maintenance of vacant commercial space in the central business district. 11.49.010 Scope 11.49.020 Administration 11.49.025 Compliance with YMC 11.48 11.49.030 Definitions 11.49.040 General minimum maintenance requirements 11.49.050 Vacant commercial space registration 11.49.060 Window displays for commercial spaces not occupied for thirty days 11.49.070 Fees for vacant commercial space registration 11.49.080 Exemptions 11.49.090 Delinquent registration fees—Collection 11.49.100 Duty to amend registration statement 11.49.110 Inspections 11.49.120 Enforcement 11.49.130 Annual Report 1 10 11.49.010 Scope. The provisions of this chapter apply to all structures in the Central Business District, unless otherwise stated. All responsible persons shall comply with the requirements of this chapter. 11.49.020 Administration This chapter will be administered by the code administration manager or their designee, who may adopt administrative rules and regulations consistent with its terms. The codes administration manager (and their designee), code inspectors, or code compliance officers are authorized to enforce this chapter. 11.49.025 Compliance with YMC 11.48 All buildings subject to this chapter shall also comply with the requirements of Yakima Municipal Code section 11.48 as now exists or is hereafter amended. 11.29.030 Definitions For purposes of this chapter: "Central business district" means the central business district, or CBD, zone in the city of Yakima as defined by the Yakima Urban Area Zoning Ordinance, Title 15 YMC. "City" means the city of Yakima, its officers, employees and agents. "Commercial space" means any portion of a structure in the central business district zone that is not intended for residential use. Each distinct space in multi-unit building is considered a separate commercial space for purposes of this chapter. "Occupied" means a permitted nonresidential use physically located and lawfully operating in the space for at least three consecutive months. "Responsible person" means any person, firm, association, corporation or any agent thereof, owning, leasing, renting or having lawful possession of a structure in the central business district. "Vacant commercial space" means any portion of a street-level commercial space that, on or after January 1, 2020, is not occupied and has not been occupied during the preceding ninety days. 11.49.040 General minimum maintenance requirements. All responsible persons shall perform the following with respect to each commercial space they own, lease, rent or lawfully possess: a. Maintain all exterior surfaces, including, but not limited to doors, windows, door and window frames, cornices, porches, trim, balconies, decks, and fences, in good condition. b. Protect exterior wood surfaces, other than decay-resistant woods, from the element sand decay with paint or other protective covering or treatment. If protection of the 2 11 surface is compromised, restore adequate protection within fourteen calendar days or other time period approved in advance by the code administration manager; for example, remove peeling, flaking or chipped paint and repaint the compromised surface. c. Cause all siding and masonry joints and joints between the building envelope and the perimeter of windows, doors, and skylights to be weather-resistant and watertight. d. Coat all metal surfaces subject to rust or corrosion, except those designed to be stabilized by oxidation, to inhibit rust or corrosion, after first stabilizing any existing rust and corrosion. Remove oxidation stains from exterior surfaces. e. Maintain all exterior walls free from dirt, grime, holes, breaks, graffiti, and loose or decaying materials. Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration. f. Maintain the roof and flashing of all structures so that they are sound, tight, free of defects, do not attract pests or create a public nuisance. Maintain adequate roof drainage, maintain roof drains, gutters, and downspouts in good repair and free from obstructions. g. Broken windows or doors shall be replaced. No windows or doors may be boarded up with plywood, wood, cardboard, or other material for more than five (5) business days while the responsible person is waiting for the windows or doors to be replaced. 11.49.050 Vacant commercial space registration a. At least one responsible person for each vacant commercial space must register that space with the city within ten (10) calendar days of the date the space becomes vacant, as that term is defined in Section 11.49.030. b. A space will considered to be registered on the date the city receives, on a form provided by the code administration manager and properly completed and signed by a responsible person, the following information: 1. The street address and parcel number of the vacant commercial space; 2. The name, address, daytime and evening telephone numbers of each responsible person for the vacant commercial space, including, but not limited to the owner and tenant; 3. The period of time the vacant commercial space is expected to remain vacant; and 4. Any other information requested by the code administration manager for the administration of this chapter. c. A responsible person must renew the registration for each vacant commercial space on or before January 1st of each year that the space remains vacant. A responsible person must submit the renewal application to the city on forms provided by the code administration manager. 3 12 d. Upon satisfactory proof to the code administration manager that the vacant commercial space is occupied as defined in Section 11.49.030, the vacant commercial space will be unregistered. Proof of physical occupation may include, but is not limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the space that are consistent with the unit's intended use, and persons regularly present at and using the space for its intended use. Proof of physical occupancy must also include documentation, which may include, but is not limited to, a current executed lease agreement, paid utility receipts reflecting payments for three consecutive months from the month the space is occupied, or valid state and local business licenses, federal income tax or business and occupation tax statements indicating the subject space is the official business address of the person or business claiming occupancy. e. The determination of the number of vacant commercial spaces a structure contains will be at the reasonable discretion of the code administration manager, who may take into account the number of unique spaces within a structure, the number of tax assessor parcel numbers associated with the structure, or the previous use of the structure. 11.49.060 Window displays for commercial spaces not occupied for thirty days. When commercial space is unoccupied for more than thirty days, a responsible person must take steps to avoid adverse impacts on the neighborhood and create an attractive streetscape by applying at least one of the following measures to all ground floor windows that face sidewalks, streets, or public open space: a. Paint windows with visually appealing scenes depicting or suggesting business or cultural activities; b. Display works of art or provide other displays of cultural or educational value, using background panels or other methods to screen views from the street of the unoccupied space; or c. Other measures consistent with these examples approved by the code administration manager. 11.49.070 Fee for vacant commercial space registration. a. At least one responsible person shall pay an annual registration fee of Five Hundred Dollars ($500.00) for each vacant commercial space in the central business district at the time the space is registered and on January 1st of each year that the space remains vacant. b. The fee is intended to defray the costs of administering this section, and may be amended by the City Council to meet the costs. 11.49.080 Exemptions. a. The fee required in section 11.49.070 shall not be required if the following conditions are met: 4 13 1. The space meets all applicable codes and regulations that apply to a permitted nonresidential use, and the responsible person is actively attempting to sell, lease, or rent the property (which is evidenced, in part, by appropriate signage at the space visible to the public); and 2. The space complies with section 11.49.060; and 3. There are no nuisance activities on the property; and 4. The sidewalks are consistently cleaned and cleared of debris, snow, leaves and garbage. b. The fee required in section 11.49.070 shall not be required if the space is the subject of a current, valid building permit for repair or rehabilitation and the responsible person provides proof, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay. c. The fee required in section 11.49.070 shall not be required if the space is located on property which is the subject of a land use application for redevelopment for which approval has been granted, but building permits have yet to be issued. d. Even if the vacant commercial space is exempt from payment of the fee outlined in section 11.49.070, the responsible person shall register the vacant commercial space with the city pursuant to section 11.49.050. 11.49.090 Delinquent registration fees—collection. If a responsible person fails to pay the registration fee by the due date, the city is authorized to take action to collect the registration fee, including, but not limited to, enforcement as provided by section 11.49.120, filing civil actions or turning the matter over to collection, in which case costs incurred by the city as a result of the collection process will be assessed to the responsible person or responsible persons in addition to the registration fee. 11.49.100 Duty to amend registration statement. Responsible persons for any registered vacant commercial space shall advise the building official, in writing, of any changes to the information on the registration form within thirty days of the occurrence of the change. 11.49.110 Inspections. In addition to inspection rights pursuant to Yakima Municipal Code Section 11.48, the code administration manager and their designees, code enforcement officers, building inspectors, or any combination thereof, are authorized to conduct inspections to enforce the provisions of this chapter. 11.49.120 Enforcement. a. Enforcement of the provisions of this chapter will be performed in accordance with Chapter 11.10. 5 14 b. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and every day they commit, continue or permit a violation of any provision of this chapter. c. All responsible persons for a commercial space are jointly and severally responsible with respect to that commercial space for compliance with the provisions of this chapter and or any payments that they may be required to make to the city under this chapter. If the commercial space is subject to a lease, the city shall have discretion to determine whether to enforce this chapter against a commercial space owner, the tenant, or both of them, but the city shall consider in this determination whether the lease provides that the compliance with this chapter is the responsibility of the commercial space owner or the tenant. 11.49.120 Annual report. The code administration manager will make a report once each year, if requested by the City Council, on the status of the vacant commercial space registration program. If no request is made by the City Council, the code administration manager will draft a summary report of the program for the City Manager on or before June 30th of every odd year on the status of the vacant commercial space registration program. Section 2. Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of September, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: 6