[R.O. 2007 § 503.010; Ord. No. 3988 § 1, 2-23-2004]
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 zoned for commercial purposes
under the zoning regulations of the City of St. Peters.
OCCUPIED
Use of a commercial unit consistent with zoning regulations
for which there is a current valid certificate of occupancy, and
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.
[R.O. 2007 § 503.020; Ord. No. 3988 § 2, 2-23-2004]
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
560.080 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. The City, with the approval of a majority of the Board of Aldermen, may extend the time for good cause shown.
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;
2. In compliance with the requirements of Section
560.080 and the building regulations of the City, the owner or his/her agent has been actively seeking to rent or sell it; or
3. Exempted
by the City, with the approval of a majority of the Board of Aldermen,
for good cause shown.
C. If a vacant building is owned by the City of St. Peters, it shall be subject to the registration requirements in Subsection
(A) of this Section and the maintenance requirements in Section
560.080 below, but shall not be subject to the fee requirements under Subsection
(A) of this Section or the fines and penalties collected under Section
560.060.
D. 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.
[R.O. 2007 § 503.030; Ord. No. 3988 § 3, 2-23-2004]
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
560.080; 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 St. Peters;
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
560.060.
[R.O. 2007 § 503.040; Ord. No. 3988 § 4, 2-23-2004]
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.
[R.O. 2007 § 503.050; Ord. No. 3988 § 5, 2-23-2004]
A. As provided in Section
560.020(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. The City, with the approval of a majority of the Board of Aldermen, may extend the time for payment for good cause shown.
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 as set out in Appendix A of this
Title.
[R.O. 2007 § 503.060; Ord. No. 3988 § 6, 2-23-2004]
A. The failure of the owner of a vacant building to register and pay all required fees under Section
560.020(A) or Section
560.050 after receipt of a mailing of a delinquency and determination notice under Section
560.070 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
560.080 or, having obtained a vacant building registration, subsequently fails to comply with the other registration requirements under Section
560.030, 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 St. Peters to bring the building into compliance with
those codes.
[R.O. 2007 § 503.070; Ord. No. 3988 § 7, 2-23-2004]
A. After
the effective date of this Chapter (February 23, 2004), the Building
Commissioner 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 Commissioner
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.
[R.O. 2007 § 503.080; Ord. No. 3988 § 8, 2-23-2004]
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 (½)
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 weather-coating
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.
[R.O. 2007 § 503.090; Ord. No. 3988 § 9, 2-23-2004]
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.
[R.O. 2007 § 503.100; Ord. No. 3988 § 10, 2-23-2004]
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 therefore and, in addition, may recover the
costs of such action, including reasonable attorney's 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.
[R.O. 2007 § 503.110; Ord. No. 3988 § 11, 2-23-2004]
Within thirty (30) days after a notice of a final determination by the City under Section
560.040 or Section
560.070, an owner may seek administrative review by the Board of Aldermen.