[R.O. 2009 §5-132; Ord. No. 1048 §1, 4-22-2003]
It is the purpose of this Article 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 Article 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. 2009 §5-133; Ord. No. 1048 §1, 4-22-2003]
The following words and phrases, when used in this Article,
shall mean:
The Director of Public Works for the City or such person
as may be designated by the Board of Aldermen.
A local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential buildings.
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. 2009 §5-134; Ord. No. 1048 §1, 4-22-2003]
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. 2009 §5-135; Ord. No. 1048 §1, 4-22-2003]
A.
Registration. The Director shall investigate any property
that may be subject to registration. Based upon his/her findings,
the Director may register property as a vacant residential structure
subject to this Article.
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 and St. Louis County. Such notice shall state:
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 Article 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.
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, the
property owner may appeal the decision to the Municipal Court for
the City of Cool Valley.
[R.O. 2009 §5-136; Ord. No. 1048 §1, 4-22-2003]
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 Article.
B.
Owner Responsible. It shall be the joint and several responsibility
of each owner of property registered pursuant to this Article to pay
the semi-annual registration fee.
C.
Accrual Of Fee. The registration fee shall begin to accrue
on the beginning of the second (2nd) 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 (2nd) 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 Article, 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.
E.
Failure To Pay Fee Unlawful. It shall be unlawful for any owner of property registered pursuant to this Article 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 100.220 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 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 City 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 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.
