[R.O. 2008 §160.200; Ord. No. 2187, 8-12-2003]
This Chapter is intended to provide for effective monitoring and routine inspection of vacant buildings and structures that, due to Housing Code violations, may endanger the life, limb, health, property, safety or welfare of the general public. This Chapter shall apply to all residential structures that have been vacant for more than six (6) months and that are subject to Housing Code violations.
[R.O. 2008 §160.210; Ord. No. 2187, 8-12-2003]
The following words and phrases, when used in this Chapter, shall mean:
- BUILDING OFFICIAL
- The Building Official of the City of Olivette or such person as may be designated by the City Manager.
- HOUSING CODE
- A local building, fire, health, property maintenance, nuisance or other ordinance which contains standards regulating the condition or maintenance of residential buildings.
- RESIDENTIAL STRUCTURE
- A structure devoted primarily to residential use, whether classified as residential or commercial, and regardless of the number of dwelling units contained within such structure.
[R.O. 2008 §160.220; Ord. No. 2187, 8-12-2003]
Every parcel of residential property improved by a residential structure or commercial property improved by a structure containing multiple dwelling units, that is vacant and has been vacant for at least six (6) months and is characterized by violations of the Housing Code shall be registered as a vacant residential structure and shall be subject to the registration fee.
[R.O. 2008 §160.230; Ord. No. 2187, 8-12-2003]
Registration. The Building Official shall investigate and register any property meeting the qualifications of this Chapter as a vacant residential structure and said property shall be subject to this Chapter.
Notice Of Registration. Within five (5) business days of such registration, the City shall notify the owners of registered property by mail at their last known address according to the records of the City of Olivette and St. Louis County. Such notice shall state:
Time To Cure—Reconsideration. Within thirty (30) days of the date of notification, the property owner may complete any improvements to the property that may be necessary to remove the property from registration under this Chapter and may request a reinspection of the property and reconsideration of the levy of the registration fee. Upon receipt of a written request for reconsideration of the levy of the registration fee which sets out the reasons claimed by the property owner as to why the registration fee should be waived, the Building Official may waive levy of the registration fee following timely compliance.
Appeal Of Registration And/Or Reconsideration To Municipal Court. Within thirty (30) days of the date of such notification or within thirty (30) days of the date of reconsideration by the Building Official, the property owner may appeal the decision to the office of the Municipal Court for the City of Olivette.
[R.O. 2008 §160.240; Ord. No. 2187, 8-12-2003]
Amount Of Fee. There is hereby established and assessed a semi-annual fee in the amount of thirty-five dollars ($35.00) imposed on all owners of property registered under this Chapter.
Owner Responsible. It shall be the joint and several responsibility of each owner of property registered pursuant to this Chapter to pay the semi-annual registration fee.
Accrual Of Fee. The registration fee shall begin to accrue on the beginning of the second (2nd) calendar quarter after registration by the Building Official or reconsideration by the Building Official; however, in the event that an appeal is filed with the Municipal Court, the registration fee shall begin to accrue on the beginning of the second (2nd) calendar quarter after the final decision of the Municipal Judge or court of competent jurisdiction.
Billing Procedures—Late Penalties. The Finance Director shall cause to be mailed to the owner of property registered under this Chapter, at his/her last known address, a bill for the semi-annual registration fee. The fee shall be due and payable within thirty (30) days of mailing. In addition to any other penalties provided by law, if an owner fails to pay the fee assessed for such property within thirty (30) days of the date of mailing, a late payment fee of twenty-five dollars ($25.00) per month shall be assessed for each month during which the fee remains unpaid.
Failure To Pay Fee Unlawful. It shall be unlawful for any owner of property registered pursuant to this Chapter to fail to pay the registration fee imposed for such property. Any person found guilty of failing to pay any required fee shall be punished as provided in Section 100.180 of the Municipal Code.
Collection Of Delinquent Fees—Lien On Property And Other Effects Of Delinquent Fees—Foreclosure Proceedings.
Action to recover. In addition to any other penalties provided by law, the City may initiate and pursue an action in a court of competent jurisdiction to recover any unpaid fees, interest and penalties from any person liable therefore and, in addition, may recover the cost of such action, including reasonable attorney fees.
Lien on property. Any registration fees that are unpaid after a period of one (1) year, whether or not reduced to judgment, shall constitute a lien against the property for which the fee was originally assessed until the same shall be fully satisfied. The Finance Director is authorized to take all steps necessary to file and perfect such liens as may be required or directed by the Building Official from time to time.
Obtaining permits prohibited. In addition to any other penalties provided by law, if an owner fails to the pay the fee assessed for such property, including any late payment fee subsequently imposed, 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.
Foreclosure. Any registration fees that are delinquent for a period of one (1) year 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 Building Official have been cured and presenting payment of all outstanding registration fees, interest, attorney fees and penalties.
Sale of property. Upon bona fide sale of the property to an unrelated party, the lien on such property for the registration fees shall be considered released and the delinquent registration fee forgiven.