[R.O. 1998 § 545.010; Ord. No. 2350 §1, 8-9-2004; Ord. No. 2363 §1, 12-7-2004]
It is the purpose of this Chapter
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, and 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. 1998 § 545.020; Ord. No. 2350 §1, 8-9-2004; Ord. No. 2363 §1, 12-7-2004]
The following words and phrases,
when used in this Chapter, shall mean:
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. 1998 § 545.030; Ord. No. 2350 §1, 8-9-2004; Ord. No. 2363 §1, 12-7-2004]
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. 1998 § 545.040; Ord. No. 2350 §1, 8-9-2004; Ord. No. 2363 §1, 12-7-2004]
A. Registration. The Director of Public Services
of the City of St. Ann, Missouri, shall investigate any property that
may be subject to registration. Based upon his findings, the Director
of Public Services may register property as a vacant residential structure
subject to this Chapter.
B. Notice Of Registration. Within five (5)
business days of such registration, the City Clerk shall notify the
owners of the registered property by mail at their last known address
according to the records of the City of St. Ann and St. Louis County.
Such notice shall state:
1.
A description of the property registered;
2.
A description of the housing code
violations found on the property;
3.
The fact that a semi-annual registration
fee has been levied on the property; and
4.
The amount of the semi-annual registration
fee.
C. 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 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 fee should be waived, the Director
of Public Services may waive levy of the registration fee following
timely compliance.
D. 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 Director
of Public Services, the property owner may appeal the decision to
the office of the Municipal Court for the City of St. Ann.
[R.O. 1998 § 545.050; Ord. No. 2350 §1, 8-9-2004; Ord. No. 2363 §1, 12-7-2004]
A. Amount Of Fee. There is hereby established
and assessed a semi-annual fee in the amount of two hundred dollars
($200.00) imposed on all owners of property registered under this
Chapter.
B. 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.
C. Accrual Of Fee. The registration fee shall
begin to accrue on the beginning of the second calendar quarter after
registration by the Director of Public Services or reconsideration
by the Director of Public Services; 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 calendar quarter after
the final decision of the Municipal Judge or court of competent jurisdiction.
D. Billing Procedures — Late Penalties.
The City Clerk shall cause to be mailed to the owner of property registered
under this Chapter, at his or 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.
E. 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 not paying the registration fee may be punished as provided in Section
100.220 of the Municipal Code.
F. Collection Of Delinquent Fees — Lien
On Property And Other Effects Of Delinquent Fees — Foreclosure
Proceedings.
1.
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.
2.
Lien On Property. Any unpaid or delinquent
fees, interest and/or penalties, 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 City
Clerk is authorized to take all steps necessary to file and perfect
such liens as may be required or directed by the Director of Public
Services from time to time.
3.
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 Village license or permit of any
kind until such delinquency has been satisfied.
4.
Foreclosure. Any registration fees
which 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 Director of Public Services have been cured and presenting
payment of all registration fees and penalties.
5.
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.