[Ord. No. 1227 §1, 8-25-2011]
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.
[Ord. No. 1227 §1, 8-25-2011]
The following words and phrases, when used in this Chapter,
shall mean:
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.
[Ord. No. 1227 §1, 8-25-2011]
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 of twenty-five dollars ($25.00).
[Ord. No. 1227 §1, 8-25-2011]
A.
Registration. The Director of Public Works for the
City of Cottleville, Missouri, or his/her designee shall investigate
any property that may be subject to registration. Based upon his/her
findings, the Director of Public Works 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 Cottleville and St. Charles 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 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 of Public Works 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 Works, the property owner may appeal the decision to the
office of the Municipal Court for the City of Cottleville.
[Ord. No. 1227 §1, 8-25-2011]
A.
Amount Of Fee. There is hereby established and assessed
a semiannual fee of twenty-five dollars ($25.00), 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 semiannual 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 Works or reconsideration by the Director
of Public Works; 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
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 any owner fails to pay the fee assessed for such property
within thirty (30) days of the date of mailing, a late payment fee
of five dollars ($5.00) 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 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 therefor 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
Works from time to time.
3.
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.
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 Works 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.
