[Ord. No. 1227 §2, 8-25-2011]
For the purposes of this Chapter, the terms below shall have the meanings set out herein:
COMMERCIAL UNIT
A building or part of a building devoted primarily to commercial or industrial use.
OCCUPIED
Use of a commercial unit consistent with zoning regulations for which there is a current valid certificate of occupancy evidenced by:
1. 
Paid utility receipts for the specified period, and executed lease agreement or sales tax return; or
2. 
Other evidence of use of the building that the City may require.
OWNER
One (1) or more persons with an interest in the commercial unit that appears in the land records of St. Charles County.
VACANT BUILDING
A building or a part of a building which contains a commercial unit, or a part of a building which is a commercial unit, which on or after the effective date of this Chapter has not been occupied continuously for more than one hundred eighty (180) days.
[Ord. No. 1227 §2, 8-25-2011]
A. 
Except as provided in Subsections (B) and (C) of this Section, the owner of a vacant building shall maintain the building in compliance with the requirements of Section 535.080 below and, within thirty (30) days after it becomes a vacant building, shall register the vacant building with the City and pay the registration fee.
B. 
A vacant building shall not be subject to the registration and fee requirements if it is:
1. 
Under construction or undergoing rehabilitation, renovation or repair, and if there is a valid building permit that was issued within sixty (60) days of the required registration date; or
2. 
In compliance with the requirements of Section 535.080 and the building regulations of the City, the owner or his/her agent has been actively seeking to rent or sell it.
C. 
If the name or address of an owner of a vacant building changes for any reason the change shall be reported to the City in writing within thirty (30) days of such change.
[Ord. No. 1227 §2, 8-25-2011]
A. 
At the time of application for the initial registration or renewal of registration of a vacant building, the owner shall arrange with the City for the inspection of the vacant building. On receiving an application for the initial registration or renewal of registration of a vacant building, the City shall thereafter inspect the vacant building. The City shall approve the initial registration or the renewal registration for one (1) year if:
1. 
The vacant building has been maintained in accordance with the requirements of Section 535.080; and
2. 
The vacancy of the vacant building will not:
a. 
Be detrimental to the public health, safety and welfare;
b. 
Unreasonably interfere with the reasonable and lawful use and enjoyment of the other premises within the neighborhood; and
c. 
Pose a hazard to Police Officers or Firefighters entering the building in an emergency;
3. 
The building complies with the fire, building and housing codes of the City of Cottleville;
4. 
The continuance of any maintenance work or condition of occupancy is not dangerous to life or property;
5. 
No false statements or misrepresentations have been made upon the registration application;
6. 
Orders on a building have been complied with and the building complies with any applicable occupancy requirements;
7. 
An adequate water supply or facilities for firefighting purposes is furnished as required in any applicable fire codes; and
8. 
The City is permitted to inspect the building before initial registration, during the registration period and before a renewal of registration.
B. 
If the owner of a vacant building fails to comply with the provisions of Subsection (A) of this Section, both initially and throughout the registration period, the City may deny or revoke the owner's registration and may subject the owner to the penalties provided in Section 535.060.
[Ord. No. 1227 §2, 8-25-2011]
A notice of denial or revocation of registration shall be in writing and shall be served upon the owner, or his or her agent. A notice of denial or revocation of registration shall also be posted on the vacant building. Upon receipt or posting of the notice of denial or revocation of registration, a person shall not proceed with any operation to which such registration related. If an initial or renewal registration is denied, or if a registration is revoked during the registration period, no registration fees, or parts thereof, shall be returned to the owner.
[Ord. No. 1227 §2, 8-25-2011]
A. 
As provided in Section 535.020(A), the owner of a vacant building shall register the vacant building and pay the registration fee within thirty (30) days after it becomes a vacant building.
B. 
Registrations shall be renewed annually from date of initial issuance unless there is a change in ownership.
C. 
The annual registration fee assessed shall be twenty-five dollars ($25.00).
[Ord. No. 1227 §2, 8-25-2011]
A. 
The failure of the owner of a vacant building to register and pay all required fees under Section 535.020(A) or Section 535.050 after receipt of a mailing of a delinquency and determination notice under Section 535.070 or the refusal of the owner of a vacant building to permit the City to inspect the building shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than ninety (90) days, or both.
B. 
If the owner of a vacant building fails to maintain a vacant building in compliance with the requirements of Section 535.080 or, having obtained a vacant building registration, subsequently fails to comply with the other registration requirements under Section 535.030, the City may:
1. 
Charge the owner with failure to comply and enforce all applicable penalties under this Chapter; and
2. 
Take other action as required by the fire, building and housing codes of the City of Cottleville to bring the building into compliance with those codes.
[Ord. No. 1227 §2, 8-25-2011]
A. 
After the effective date of this Chapter, the Director of Public Works for the City, or his/her designee, shall identify vacant buildings in the City and compile a list of real properties, as identified on the records of the City and the St. Charles County Assessor's office according to parcel or lot, that includes the names and addresses of owner, if known.
1. 
For buildings that are identified as vacant buildings by the Director of Public Works for the City, or his/her designee, the City shall make a determination of delinquency of registration or fee payment.
2. 
Within five (5) business days of such determination, the City Clerk shall provide the owner with the notice of the delinquency, the registration form, and the registration amount that is due; and shall inform the owner of the right to an administrative review of the determination.
[Ord. No. 1227 §2, 8-25-2011]
A. 
A building shall be adequately maintained if:
1. 
Doors, windows, areaways and other openings are weather-tight and secured against entry by birds, vermin and trespassers, and missing or broken doors, windows and other openings are covered with one-half-inch CDX plywood that is weather-protected, tightly fitted to the opening and secured by screws or bolts;
2. 
The roof and flashing are sound and tight, will not admit moisture and are drained to prevent dampness or deterioration in the walls or interior;
3. 
The building storm drainage system is adequately sized and installed in an approved manner and functional;
4. 
The interior and exterior is maintained in good repair, structurally sound, free from debris, rubbish, and garbage, and sanitary so as not to threaten public health or safety;
5. 
The structural members are free of deterioration and capable of safely bearing imposed dead and live loads;
6. 
The foundation walls are plumb, free from open cracks and breaks and vermin-proof;
7. 
The exterior walls are free of holes, breaks and loose or rotting materials, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint;
8. 
The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features are safe, anchored, and in good repair, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
9. 
All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are in good repair, anchored, safe and sound, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
10. 
Chimneys, cooling towers, smokestacks, and similar appurtenances are structurally safe, sound, and in good repair, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
11. 
Openings in sidewalks are safe for pedestrian travel;
12. 
Accessory and appurtenant structures such as garages, sheds and fences are free from safety, health and fire hazards; and
13. 
The property on which a structure is located is clean, safe and sanitary and does not threaten the public health or safety.
[Ord. No. 1227 §2, 8-25-2011]
The City may cause to be affixed to the property containing a vacant building required to be registered under this Chapter a sign setting forth the name of the owner of each unit and any other pertinent information that the City may require to protect the public health and welfare.
[Ord. No. 1227 §2, 8-25-2011]
A. 
Action To Recover. In addition to any penalties provided by law, the City may initiate and pursue an action in any court of competent jurisdiction to recover any unpaid fees, interest and penalties from any person liable therefor and, in addition, may recover the costs of such action, including reasonable attorneys' fees.
B. 
Obtaining Permits Prohibited. In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for such property, including any late payment fees subsequently enclosed, within sixty (60) days of the date of mailing of the initial bill, said owner shall not be permitted to apply for, obtain or renew any City license or permit of any kind until such delinquency has been satisfied.
[Ord. No. 1227 §2, 8-25-2011]
Within thirty (30) days after a notice of a final determination by the City under Section 535.040 or Section 535.070, an owner may seek administrative review by the Board of Aldermen, by filing a written petition with the City Clerk.