[Ord. No. 3236 §1, 8-5-2013]
For the purposes of this Chapter, certain words and phrases
used in this Article are defined as follows:
ABANDONED
A property that is vacant and under a current notice of default
or notice of sale, or properties that have been the subject of a foreclosure
sale where the title was retained by the beneficiary of a deed of
trust involved in the foreclosure and any properties transferred under
a deed in lieu of foreclosure or sale.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised, breached
or broken gate, fence or other entry point.
ACCESSIBLE STRUCTURE
A structure that is unsecured or breached in such a way as
to allow access to the interior space by unauthorized persons.
BENEFICIARY
A lender under a note secured by a deed of trust.
DAYS
Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE OR SALE
A recorded document that transfers ownership of a property
from the trustor to the holder of a deed of trust upon consent of
the beneficiary of the deed of trust.
DEED OF TRUST
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.
DEFAULT
The failure to fulfill a contractual obligation, monetary
or conditional.
EVIDENCE OF VACANCY
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, past due utility notices or disconnected utilities, accumulation
of trash, junk or debris, the absence of window coverings, such as
curtains, blinds or shutters, the absence of furnishings or personal
items consistent with residential habitation, statements by neighbors,
passersby, delivery agents, government employees that the property
is vacant.
FORECLOSURE
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the trustor
(borrower) under a deed of trust defaults.
LOCAL
Within forty (40) road/driving miles distance of the subject
property.
NOTICE OF DEFAULT
A notice, issued pursuant to the applicable real estate security
document or Section 408.554, RSMo., that a default has occurred under
a deed of trust.
OUT OF AREA
In excess of forty (40) road/driving miles distance of the
subject property.
OWNER
Any person, co-partnership, association, corporation, or
fiduciary having a legal or equitable title or any interest in any
real property.
OWNER OF RECORD
The person having recorded title to the property at the point
in time the record is provided by the Cass County Recorder's office.
PROPERTY
Any unimproved or improved real property or portion thereof,
situated in the City and includes the buildings or structures located
on the property regardless of condition.
REGISTERED REPRESENTATIVE
The person designated by a beneficiary as the beneficiary's
representative for purposes of accepting notice, service and summons
on behalf of the beneficiary and for otherwise ensuring compliance
with the requirements of this Article.
RESIDENTIAL BUILDING
Any improved real property or portion thereof, situated in
the City, designed or permitted to be used for dwelling purposes,
and shall include the buildings and structures located on such improved
real property. This includes any real property being offered for sale,
trade, transfer, or exchange as residential, whether or not it is
legally permitted or zoned for such use.
SECURING
Such measures as may be directed by the Director of Community
Development or his designee that assist in rendering the property
inaccessible to unauthorized persons, including, but not limited to,
the repairing of fences and walls, chaining/padlocking of gates, the
repair or boarding of door, window or other openings.
TRUSTEE
The person, firm or corporation holding a deed of trust on
a property.
TRUSTOR
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
VACANT
A building/structure that is not legally occupied.
[Ord. No. 3236 §1, 8-5-2013]
A. Any beneficiary under a deed of trust covering a property located
within the City of Harrisonville shall cause an inspection to be performed
of the property that is the security for the deed of trust within
fifteen (15) days of issuing a notice of default to the trustor. The
beneficiary shall, within ten (10) days of the inspection, register
the property with the Director of Community Development or his designee
on forms provided by the City.
B. The registration shall contain the full legal name of the beneficiary
and the registered representative, the direct street/office mailing
address of the beneficiary and the registered representative (no Post
Office boxes), a direct contact name and phone number for the beneficiary
and registered representative, and, if applicable, the local property
management company responsible for the security, maintenance and marketing
of the property.
C. The registration shall be valid as long as the subject property remains
vacant and shall be amended as needed.
D. This Section shall also apply to properties that have been the subject
of a foreclosure sale where title to the property was transferred
to the beneficiary of a deed of trust involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure
or sale.
E. Properties subject to this Article shall remain under the security
and maintenance standards of this Section as long as they remain vacant.
F. Any person, firm or corporation that has registered a property under
this Article must report any change of information contained in the
registration within ten (10) days of the change.
[Ord. No. 3236 §1, 8-5-2013]
Properties subject to this Article shall be in compliance with
the City of Harrisonville Property Maintenance Code. Adherence to
this Section does not relieve the beneficiary or property owner of
any obligations set forth in any covenants, conditions and restrictions
or homeowner's association rules and regulations which may apply to
the property.
[Ord. No. 3236 §1, 8-5-2013]
A. Properties subject to this Section shall be maintained in a secure
manner so as not to be accessible to unauthorized persons. This includes,
without limitation, the closure and locking of windows, doors (walk-through,
sliding and garage), gates and any other opening of such size that
it may allow a child to access the interior of the property and/or
structure(s). In the case of broken windows, "securing" means the
reglazing or boarding of the window.
B. If the beneficiary is an out-of-area beneficiary, a local property
management company shall be contracted to perform weekly inspections
to verify that the requirements of this Section, and any other applicable
laws, are being met.
C. The beneficiary shall cause the property to be inspected on a weekly
basis to determine if the property is in compliance with the requirements
of this Article.
[Ord. No. 3236 §1, 8-5-2013]
The requirements of this Article are in addition to any other
maintenance and security measures required by the Code of Ordinances.
The requirements of this Article shall not serve to lessen or abrogate
any other applicable provisions of the Code of Ordinances.
[Ord. No. 3236 §1, 8-5-2013; Ord. No. 3650, 5-1-2023]
Any beneficiary, registered representative, or local property
management company that violates any provision of this Article shall
be in violation of this Article, and a general ordinance summons (GOS)
may be issued against the beneficiary's representative for such violation.
In addition to any other penalties which may be assessed for a violation
of this Article, any person or entity who violates a provision of
this Article shall be assessed a fine as established in the City's
Comprehensive Schedule of Fees per violation, or imprisonment not exceeding ninety (90)
days, or both such fine and imprisonment.