[Ord. No. 4727 § 1, 8-15-2016]
A. Purpose. 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 violation, 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
violation.
B. Definitions. The following words and phrases, when used in this Section,
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 or property.
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.
C. Registration Requirement. 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 violation of the
housing code shall be registered as a vacant residential structure
and shall be subject to the registration fee.
D. Designation Of Vacant Residential Structures.
1.
Registration. The Director of Planning and Development or his
designee shall investigate any property that may be subject to registration.
Based upon his findings, the Director may register property as a vacant
residential structure subject to this Chapter.
2.
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 Brentwood and St. Louis County. Such notice shall state:
a.
A description of the property registered;
b.
A description of the housing code violation found on the property;
c.
The fact that a semiannual registration fee has been levied
on the property; and
d.
The amount of the semiannual registration fee.
3.
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
Director may waive levy of the registration fee following timely compliance.
4.
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, the
property owner may appeal the decision to the office of the Municipal
Court for the City of Brentwood.
E. Registration Fee.
1.
Amount Of Fee. There is hereby established and assessed a semiannual
fee which shall be set from time to time by the Board of Aldermen,
and such fee shall be imposed on all owners of property registered
under this Section.
2.
Owner Responsible. It shall be the joint and several responsibility
of each owner of property registered pursuant to this Chapter to pay
the semiannual registration fee.
3.
Accrual Of Fee. The registration fee shall begin to accrue on
the beginning of the second calendar quarter after registration by
the Director or reconsideration by the Director; 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.
4.
Billing Procedures — Late Penalties. The Director of Finance
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 semiannual
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.
5.
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
100.080 of the Brentwood City Code.
6.
Collection Of Delinquent Fees — Lien On Property And Other
Effects Of Delinquent Fees — Foreclosure Proceedings.
a.
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 therefor and, in addition, may recover the cost
of such action, including reasonable attorney fees.
b.
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 Director of Finance is
authorized to take all steps necessary to file and perfect such liens
as may be required or directed by the Director from time to time.
c.
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 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.
d.
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
violation of the applicable housing code cited by the Director has
been cured and presenting payment of all registration fees and penalties.
e.
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.