ORDINANCE 8.1Sponsor: Councilor Traverse, Ordinance Committee
Public Hearing Dates:
First reading: 11/12/24
Referred to: Ordinance Committee
Rules suspended and placed in all
Stages of passage:
Second reading: 04/14/25
Action: adopted
Date: 04/14/25
Signed by Mayor: 04/17/25
Published: 04/30/25
Effective: 05/21/25
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Chapter 8, Buildings and Building Construction, of the Code of Ordinances of the City of Burlington be and is hereby amended by amending Article III, Abatement and Rehabilitation of Vacant Buildings and Dangerous Structures, Sections 8-43, Definitions; 8-44, Enforcement authority; 8-45, Obligations of owners of dangerous structures and buildings; 8-47, Vacant building permit; inspection; maintenance standards; fees; and 8-49, Enforcement and penalties; to read as follows:
ARTICLE III. ABATEMENT AND REHABILITATION OF VACANT BUILDINGS AND DANGEROUS STRUCTURES
8-42 Statement of findings and purpose.
As written.
8-43 Definitions.
The words and phrases used in this section have the following meanings unless their context clearly indicates otherwise:
(1) Director means the director of the enforcement agency Department of Permitting & Inspections or his/her their designee.
(2) Vacant structure means any structure or building that is:
(i) Unoccupied and condemned by the Director pursuant to applicable provisions of the code; or
(ii) Unoccupied and has multiple code violations; or
(iii) Unoccupied and the building, structure, or its premises has been the site of unlawful activity within the previous six (6) months; or
(iv) Condemned by the Director and unlawfully occupied; or
(v) Unoccupied by a person or occupied by unauthorized persons for over one hundred eighty (180) days and during which time the Director has issued an order to correct public nuisance conditions and same have not been corrected in a code compliant manner; or
(vi) Unoccupied or unused for over two hundred ten (210) days.
(vii) The term “vacant structure” shall not include:
(a) unoccupied by a person or occupied by unauthorized persons for two hundred ten (210) days excepting permitted warehouse or permitted storage structures, garages accessory buildings not intended for human occupancy (accessory buildings are as defined by Comprehensive Development Ordinance, Section 13.1.2 of Appendix A) that are actively used for their intended function, or vacation or resort facilities or those buildings or structures only used on a seasonal basis;
(b) and those buildings or structures being newly constructed within the terms of their building and zoning permits or under substantial rehabilitation for a period of one (1) year from the date that the building permit or zoning permit is issued or from when the construction starts—whichever is later.
(3) – (6) As written.
(7) Unoccupied building means a building that is unattended and is not actively used as a place of residence or business.
8-44 Enforcement authority.
The director of the department of permitting and inspections is authorized to administer and enforce the provisions of this article. The director shall determine if a property meets the standards of a vacant building under this article. The director may take such measures as are necessary for the proper administration of the article, including, but not limited to, maintaining lists on the status of vacant buildings or structures. The director may delegate their powers and duties under this chapter to an appropriate administrator or any inspector so designated.
8-45 Obligations of owners of dangerous structures and buildings.
(a) A building or structure or part thereof that is or becomes dangerous or unsafe shall be made safe and secure within twenty-four (24) hours of such danger being declared by a duly authorized official of the city. If the director or their designee determines the building cannot be made safe or secure, the owner shall take down and remove the building within sixty (60) days after such determination. An owner of such a dangerous or unsafe building or structure who would make safe or would take down and remove such a building or structure pursuant to this section shall comply with all applicable building, fire prevention, zoning ordinances and codes, including Article 9 of the zoning ordinance, the Housing Replacement Ordinance, and any other applicable code or ordinance. An administrative fee of one hundred dollars ($100.00) per structure shall be charged to the owner(s) of a dangerous structure and/or building upon issuance of the determination to offset the cost to the city for the administrative time of the director or their designee in issuing the determination. This fee is to help eleviate the administrative cost of issuance of the order, it does not address any fines or fees that may be issued if the order is not followed by the owner(s). No change of use or occupancy shall be compelled by reason of such reconstruction or restoration.
(b) – (f) As written.
8-46 Obligations of owners of vacant or abandoned buildings or structures.
As written.
8-47 Vacant building permit; inspection; maintenance standards; fees.
(a) – (e) As written.
(f) (1) A fee of seven hundred fifty dollars ($750.00) shall be charged for a each vacant building permit or renewal of such permits issued under Section 8-47(d). The fee is to be paid at the time of application or renewal. No permit shall be issued prior to payment of the permit or renewal fee. The amount of the fee shall be based on the duration of time the building has been vacant as determined by the following scale:
(i) One thousand dollars ($1,000.00) per quarter for buildings that have been vacant for less than one year as measured from the date the building was declared vacant;
(ii) One thousand five hundred dollars ($1,500.00) per quarter for buildings that have been vacant for at least one year as measured from the date the building was declared vacant.
For residential 1 or 2 unit properties:
(i) Seven hundred fifty dollars ($750.00) per quarter for buildings that have been vacant for less than one year as measured from the date the building was declared vacant;
(ii) One thousand dollars ($1,000.00) per quarter for buildings that have been vacant for at least one year as measured from the date the building was declared vacant.
(2) As written.
(3) All but seventy-five two hundred dollars ($200.0075.00) of this fee shall be waived when a building is being rehabilitated pursuant to applicable building, fire, and zoning permits and the owner has spent at least five (5) percent of the assessed valuation of the building or structure on rehabilitation, not including the cost of permits, in the prior three (3) month period. The full fee shall be tendered with the request for a waiver and shall be refunded if the waiver is granted but for the seventy-five two hundred dollars ($200.0075.00).
(4) All but seventy-five two hundred dollars ($200.0075.00) of this fee shall be waived if an owner has secured all the duly required state and local permits to demolish the building or structure. The full fee shall be tendered with the request for a waiver and shall be refunded if the waiver is granted but for the seventy-five two hundred dollars ($200.0075.00). The owner shall demolish the building or structure within one (1) month of securing said permits; this waiver shall be void and the vacant building permit fee shall be owed if the owner fails to demolish within this time. The time to demolish may be extended upon a showing of good cause.
(5) Fees under this Article shall not apply to buildings owned by a department of the City of Burlington.
(5) Once the permit has expired and the city deems the property no longer eligible for renewal of said permit, the city shall notify the owner. The owner shall either show proof of active marketing for sale or lease, a plan for rehabilitation including proof of construction under contract or proof of immediate demolition. Should none of the above be presented to the city within five(5) days of the expiration of the permit, the owner shall be fined one hundred dollars($100.00) per day until such proof is presented.
(g) Signs/markings. When required pursuant to this section, signs or markings on the buildings determined to be especially unsafe in case of fire shall be applied on the front of the property, and elsewhere as the Director, fire chief, or their designee may require, at or above the second floor level and shall not be placed over doors, windows or other openings. All signs/markings shall be visible from the street and, when requested by the fire chief, shall be placed on the sides and the rear of the property. Signs/markings shall be two (2) square feet with lines of two (2) inch width, and shall have a reflective background, or be painted with reflective paint, in contrasting colors as approved by the fire chief. Signs/markings shall be applied directly on the surface of the property and shall state the date of posting and the most recent date of inspection by the fire chief and director.
8-48 Appeals and Variances.
As written.
8-49 Enforcement and penalties.
(a) Penalty.
(1) A person shall be subject to a civil penalty of five hundred dollars ($500.00) with a waiver penalty of one hundred fifty dollars ($150.00) for the following offenses:
a. Failure to apply for a vacant building permit or the filing of an incomplete application;
b. Failure to pay the vacant building fee;
c. Failure to schedule an inspection or to show up provide in-person access for an inspection for which notice has been given;
d. Failure to comply with the obligations set forth in Sections 8-46(c) and (d); and
e. Failure to comply with an order of the enforcement officer in the time required, with each separate deficiency ordered to be corrected being deemed a separate order.
(2) A person who repeats the same offenses three (3) times within a twelve (12) month period shall be deemed to have committed a criminal offense for the third offense subject to a fine of five hundred dollars ($500.00). Each day that a violation is continued shall constitute a separate offense.
(3) Prosecution under this section is a remedy cumulative to any and all other remedies at law and equity, and in no way preempts, supersedes, or bars prosecution for violation of this article under subsection (b) of this section.
(b) If a vacant building permit is denied or has expired and the city deems the property ineligible for said permit, the city shall notify the owner. Within ten (10) days of receiving this notice or five (5) days of the expiration of an existing permit, whichever is later, the owner must provide proof of active marketing for sale or lease, a plan for rehabilitation including proof of construction under contract, or proof of immediate demolition. Should none of the above be presented to the city within the time allotted, the owner shall be fined two hundred dollars ($200.00) per day until such proof is presented. This fine shall be applied in addition to any penalties set forth in subsection (a).
(c) Any violation of this article is also declared to be a public nuisance and subject to removal or abatement upon a finding of violation by the superior court. An abatement action as contemplated by Section 8-45 is discretionary and is not a precondition to criminal prosecution under this section, nor is a survey report by the director pursuant to Section 8-45 a prerequisite for prosecution under this section.
(d) Any order issued pursuant to this article shall be recorded in the office where the land records are kept, thereby becoming effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording of the order. Once the violation(s) is certified to be corrected, such orders shall be removed from the record. All fees, costs, or charges assessed pursuant to this article shall be a tax lien upon the real property pursuant to 32 V.S.A. § 5061, so long as the lien is recorded in the office where the land records are kept.
(e) A vacant unit for which a fee as required in this section has not been paid shall be in violation of the city vacant building ordinance and subject to the penalties set forth herein. In addition, if the enforcement agency determines that a person has failed to pay the fee due under this section, the agency shall mail to such person a statement showing the balance due and shall add thereto a twenty-five dollar ($25.00) late payment or interest at a rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property and may be enforced within the time and manner provided for the collection of taxes on property.
8-50 – 8-59 Reserved.
* Material stricken out deleted.
** Material underlined added.
BT/ks/Ordinances 2024/Vacant Buildings/BCO Ch. 8, Art. III
Secs. 8-43, 44, 45, 47, and 49.
3/18/2025