[Ord. No. 1227 §3, 8-25-2011]
The purpose of establishing a registration process for vacant
properties is to provide requirements for responsible parties to implement
the required vacant property maintenance plan for such properties
which will protect public health, safety and general welfare of the
citizens and prevent neighborhood blight, ensure properties are secured,
prevent deterioration, and protect property values and neighborhood
integrity.
[Ord. No. 1227 §3, 8-25-2011]
The following words, terms and phrases, when used in this Chapter,
shall have the meaning ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Means a property that is vacant and is under current notice
of default and/or notice of trustee's sale, pending Tax Assessor's
lien sale, land contract forfeiture, or a property that has been the
subject of a foreclosure sale where the title was retained by or transferred
to the beneficiary of the deed of trust involved with the foreclosure,
or a property transferred under a deed in lieu of foreclosure/sale.
Means real property that is accessible to the public.
Means a lender participating in a real property transaction
that holds a secured interest in the real property in question identified
in a deed of trust.
Means consecutive calendar days.
Means an instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan. This
definition includes any subsequent deeds of trust.
Means any condition that on its own, or combined with other
conditions present, would lead a reasonable person to believe that
the property is vacant. Such conditions include, but are not limited
to, overgrown or dead vegetation, accumulation of newspapers, circulars,
flyers or mail, accumulation of trash, junk or debris, statements
by neighbors, passersby, delivery agents, or government employees
that the property is vacant, the absence of any valid building or
development permits on file with the City.
Means the process by which a property, placed as security
for a real estate loan, is sold at auction to satisfy the debt of
the trustor (borrower) under deed of trust defaults.
Means the process by which a property, sold under and land
contract, is being forfeited in the local district court to satisfy
the breach of land contract by the borrower.
Means a recorded instrument that reflects and provides notice
that a default has taken place with respect to a deed of trust, and
that a beneficiary intends to proceed with a trustee's sale.
Means any person, copartnership, agent, operator, firm, association,
corporation, or fiduciary having a legal or equitable interest in
the property; or recorded in the official records of the State, County,
or City as holding title to the property; or otherwise having control
of the property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person
if ordered to take possession of real property by a court.
Means any unimproved or improved real property, or portion
thereof, located in the City of Cottleville.
Means any person, partnership, association, corporation,
fiduciary or other legal entity holding a deed of trust securing an
interest in real property.
Means any owner/borrower identified in a Deed of Trust, who
transfers an interest in real property to a trustee as security for
payment of debt by that owner/trustor.
Means any real property upon which there is no building or
structure, and for which no valid building permits or development
permits are on file with the City, that is, or has been unoccupied,
or occupied by a person without a legal right of occupancy. This definition
shall not include any property being used for recreational or agricultural
purposes consistent with the requirements of this Code.
[Ord. No. 1227 §3, 8-25-2011]
A.
Except as otherwise provided herein, owners and/or owners' agents
of real property are required to register all vacant property within
thirty (30) days of the vacancy or the effective date of this Chapter,
whichever is later. Registration pursuant to this Section shall be
renewed annually. Registration required by this Chapter shall include
the following information:
1.
Name, address and contact number of the owner.
2.
Name, address and contact number of the local agent or representative
for the property.
3.
Name, address and contact number of the management company assigned
to the property for the security and maintenance of the property.
4.
Common address and tax parcel identification number of the property.
5.
The date on which the property became vacant.
[Ord. No. 1227 §3, 8-25-2011]
If at any time the information contained in the registration
is no longer valid, the property owner shall file a new registration
within ten (10) days containing current information. There shall be
no fee to update the current owner's information.
[Ord. No. 1227 §3, 8-25-2011]
A.
It is declared a public nuisance for any owner to cause, permit,
or maintain any property condition contrary to the provisions of this
Chapter. The owner or owner's agent must adhere to the vacant
property maintenance plan as contained in this Section and the time
schedule requirements on the registration.
1.
The owner or owner's agent shall perform regular weekly
inspections of the property to assure compliance with the requirements
of this Section.
2.
The owner or owner's agent shall allow access by the Director
of Public Works for the purpose of inspection and in case of emergency.
3.
Grass and weed height shall be maintained no higher than eight
(8) inches and the trimmings removed from the property.
4.
Exterior properties shall be kept free of junk and debris, including,
but not limited to, newspapers, flyers, circulars, furniture, appliances,
containers, equipment, auto parts, garbage, clothing, inoperable vehicles,
boats and campers, or any other items that give the appearance that
the property is vacant.
5.
Property fencing and retaining walls shall be maintained structurally
sound. Any fence or wall with broken or hanging components shall be
repaired, straightened, or removed.
6.
Pools, spas, and ponds shall be drained and kept dry or kept
in working order so that the water remains clear and free of pollutants
and debris. Pools and spas must comply with the barrier requirements
of the adopted International Property Maintenance Code.
7.
The property shall be free of graffiti or similar markings by
removal or painting over with a color that matches the exterior of
the structure.
[Ord. No. 1227 §3, 8-25-2011]
The Director of Public Works or his or her designee shall have
the authority to require the owner to implement additional maintenance,
security, or other measures not specified in the vacant property maintenance
plan, as may be reasonably required to prevent further decline.
[Ord. No. 1227 §3, 8-25-2011]
The fees for registering and the renewal of registering a vacant
property shall be twenty-five dollars ($25.00). In addition, in a
case where the owner has failed to register, there shall be assessed
the added costs of the Township's expenses in having to determine
ownership which may include, but are not limited to, title searches.
[Ord. No. 1227 §3, 8-25-2011]
Any person aggrieved by any of the requirements of this Chapter
may appeal a determination made hereunder in a manner specified in
the adopted International Property Maintenance Code.
