[Ord. No. 2019.33, 12-9-2019]
As used in this Chapter the following terms shall have the meanings
indicated:
Any building that: (1) is located on any parcel of residential
property that has been used or was intended for use as a residential
dwelling; or (2) is a structure containing multiple dwelling units
located on commercial property; and (3) that is vacant, has been vacant
for at least six (6) months, and is characterized by violations of
applicable housing codes.
Any person with a legal or equitable ownership interest in
the structure.
[Ord. No. 2019.33, 12-9-2019]
A.
The Owner of any property containing an abandoned residential structure shall be charged a semi-annual registration fee of two hundred dollars ($200.00). The City Administrator shall investigate properties that may contain an abandoned residential structure. The City Administrator shall report his/her findings and recommendations, and determine whether any such property shall be subject to the registration fee. Within five (5) business days, the City Clerk shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the City and the County. The property owner shall have the right to appeal the decision to the municipal court within thirty (30) days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to Section 555.030 of this Chapter, the registration fee shall begin to accrue on the beginning of the first day of the second calendar quarter after the decision of the municipal officer (hereinafter the "registration fee due date").
B.
Registration
of an abandoned residential structure does not preclude the City from
taking appropriate actions to secure the property or to issue orders
to repair or abate dangerous, hazardous or unlawful conditions or
from acting to eliminate an imminent hazard to public health and safety.
[Ord. No. 2019.33, 12-9-2019]
Within thirty (30) days of the City notifying the owner of their
obligation to register their abandoned residential structure, the
property owner may complete any improvements to the property that
may be necessary to revoke the levy of the registration fee, and then
may request a re-inspection of the property and a reconsideration
of the levy of the registration fee by the City. If the City Administrator
revokes the registration fee, no such assessment shall be made and
the matter shall be considered closed. If the City Administrator affirms
the assessment of the registration fee, the property owner shall have
the right to appeal the reconsideration decision to the municipal
court within thirty (30) days of such decision. Absent the existence
of any valid appeal to the municipal court or other court of competent
jurisdiction, the registration fee shall begin to accrue on the beginning
of the second calendar quarter after the reconsideration decision
of the municipal governing body.
[Ord. No. 2019.33, 12-9-2019]
A.
For
each abandoned residential structure each owner shall register with
the City and provide the following information on an abandoned residential
structure registration form available from the City:
1.
The address of the abandoned residential structure;
2.
The legal names of all owners of the property and each owner's date
of birth;
3.
The complete mailing address of all owners;
4.
Telephone numbers of each owner, including cell phone and home phone
numbers if available;
5.
Proof of identification of each owner;
6.
The name, address and phone number of any local agent or representative
authorized by the owner to handle the affairs of the property;
7.
The reason for vacancy of the property;
8.
The estimated length of time the property is expected to remain vacant;
9.
Any plans for restoration, remodel or demolition with an accompanying
timeline and work schedule; and
10.
Proof of ownership from St. Francois County or deed of ownership.
B.
An
owner shall notify the City and file an amended form within seven
(7) days of any change in the registration information required by
this Section.
[Ord. No. 2019.33, 12-9-2019]
A.
The
owners of an abandoned residential structure shall pay a semi-annual
abandoned residential structure registration fee in the amount of
two hundred dollars ($200.00) for the time during which such structure
remains an abandoned residential structure.
B.
Fees
under this Section shall be established to support the services rendered
by the City in the course of its duties related to abandoned residential
structures. Failure to register an abandoned residential structure
or pay the semi-annual registration fee shall be cause for penalties
to be assessed and are criminal violations of this Chapter.
C.
The
semi-annual registration fee shall be paid so that it is received
by the City on or before the registration fee due date and each six
(6) months thereafter that the structure remains an abandoned residential
structure.
[Ord. No. 2019.33, 12-9-2019]
A.
If
all or part of the fees required by this Chapter are not paid or are
overdue, the City may recover such sums as follows:
1.
Any registration fees which are delinquent for a period of one (1)
year shall become a lien on the property and shall be subject to foreclosure
proceedings in the same manner as delinquent real property taxes.
The owner of the property against which the assessment was originally
made shall be able to redeem the property only by presenting evidence
that the violations of the applicable housing code cited by the municipal
officers have been cured and presenting payment of all registration
fees and penalties. Upon bona fide sale of the property to an unrelated
party said lien shall be considered released and the delinquent registration
fee forgiven;
2.
By filing suit against the owner for entry of civil money judgment;
or
3.
By any other means available by law.
[Ord. No. 2019.33, 12-9-2019]
A.
A City
order to secure an abandoned residential property shall be complied
with by the owner within seven (7) days. Each day thereafter that
the owner fails to secure the abandoned residential structure as provided
for in this Section shall be considered a separate ordinance violation
and shall subject the owners to the penalties set forth below.
B.
Painted/treated
plywood boarding shall be placed over all points of entry on an abandoned
residential structure such that all exterior openings suitable for
animal or human entry are secured as follows:
1.
On all first story and ground assessable points of entry, such shall
be secured by use of exterior grade plywood (painted) or its equivalent,
of at least one-half (1/2) inch thickness, cut to the size of the
opening and secured by the use of Phillips headed two-inch long screws;
and
2.
On entry points being secured above the first story or were not accessible
from ground level, such shall be secured by use of exterior grade
plywood (painted) or its equivalent of at least one-half (1/2) inch
thickness, cut to the size of the opening and secured by the use of
16 penny common nails.
[Ord. No. 2019.33, 12-9-2019]
The City may enter or reenter the structure to conduct necessary
inspections to insure compliance with the requirements of this Chapter
and to determine if there are any emergency or hazardous conditions.
[Ord. No. 2019.33, 12-9-2019]
No abandoned residential structure shall be reoccupied until
inspected and found to be in full compliance with all applicable City
Codes and a deemed habitable by the City Building Inspector.
[Ord. No. 2019.33, 12-9-2019]
All nuisance, housing, building and related code violations
will be cited and noticed to the owner of record and shall become
the owner's responsibility to bring in compliance. If the owner sells
or otherwise disposes of the property to another party, the new owner
shall not be entitled to any extension of time to correct or address
such violations as existed at the time of sale, transfer or conveyance
of the property.
[Ord. No. 2019.33, 12-9-2019]
A.
A person
who violates or fails to comply with the requirements of this Chapter
is guilty of a misdemeanor and shall be fined not more than five hundred
dollars ($500.00) or jailed not more than ninety (90) days, or both,
each day acting as a separate offense.
B.
In
addition to any other penalty provided for in this Section, this Chapter
may be enforced by suit for injunction, action for damages, or any
equitable relief appropriate to the enforcement of this Chapter.
