[Ord. No. 1040 §1, 8-4-2014]
A.
ABANDONED
1.
2.
3.
AUTHORIZED REPRESENTATIVE
CODE
OCCUPIED
OWNER
REAL PROPERTY
TRUSTEE
UNDEVELOPED
VACANT
1.
2.
3.
For purposes of this Chapter the following words and phrases shall
have the following meanings except where the context clearly indicates
a different meaning:
Any real property where the owner has surrendered, relinquished
or given up rights to the real property with the intention of not
reclaiming it; or
Any real property that is vacant and is under a current notice
of default or notice of trustee's sale and is not currently being
offered for rent, lease or sale by the owner. Evidence of being currently
offered for rent, lease, or sale shall be by a sign posted on the
subject property advertising the property for rent, lease, or sale
with contact information and current phone number or an active listing
in a electronic database accessible to City staff; or
Real property that has been the subject of a foreclosure sale
where the title was retained by the beneficiary involved in the foreclosure
and any real property transferred under a deed in lieu of foreclosure.
A person, corporation, limited liability company or other
legal entity having charge, care or control of any real property as
agent of the owner, or as personal representative, trustee, guardian
or conservator of the estate of the owner.
As used in this Chapter, shall refer to the Municipal Code
of the City of St. John, the International Building Code, the International
Property Maintenance Code, and the International Residential Code
as adopted by the City.
When a property, residence, or structure is being lived in
or used in a manner consistent with its intended use.
[Ord. No. 1063 §1, 3-16-2015]
The person, persons, partnership, corporation, beneficiary,
trustee, or other legal entity who holds legal title to any real property.
All land and structures affixed to or built thereon.
The person, firm, corporation or other legal entity holding
a deed of trust secured by real property.
A parcel of real property that does not have a primary structure
built thereon.
[Ord. No. 1063 §1, 3-16-2015]
[Ord. No. 1063 §1, 3-16-2015; Ord. No. 1126 §1, 8-7-2017]
A building or structure that is not legally occupied as required by Section 400.370(A).
Any real property that is currently being offered for rent,
lease or sale, or which has a currently valid building permit issued
by the City in place is not considered vacant for purposes of this
registration requirement. Any property listed for rent, lease or sale
by the owner may only be so offered for a period of one (1) year.
If after one (1) year the property is not rented, leased or sold the
property must be registered as required by this Chapter.
Any undeveloped real property that is immediately adjacent to
another parcel of real property owned by the same person shall not
have to be registered separately.
[Ord. No. 1040 §1, 8-4-2014]
A.
The owners of all real property, or their authorized representative,
shall register said real property with the Public Works Director within
thirty (30) days after the real property becomes vacant or abandoned.
B.
Owners required to register real property pursuant to this Chapter
shall submit a copy of a State-issued identification or other valid
proof of identification and the following information on a form provided
by the Public Works Director:
1.
The address of the real property.
2.
The name, address, and all telephone numbers of the owner.
3.
A mailing address where correspondence may be sent, if different
from the address listed above, that will be acknowledged as received
by the owner. If certified mail/return receipt requested is sent to
the address and the mail is returned marked "refused" or "unclaimed,"
or if ordinary mail sent to the address is returned for whatever reason,
then such occurrence shall be prima facie proof that the owner has
failed to comply with this requirement.
4.
The names and addresses, telephone numbers, fax numbers, and
email address (if known) of all lien holders and all other parties
with an ownership interest in the real property.
5.
The name, address, telephone number, fax number, and email address
(if known) of the person, firm, or corporation responsible for the
care and control of the real property. Such person may be the owner
if the owner is an individual, or may be an authorized representative
as defined in this Chapter. If certified mail/return receipt requested
is sent to the address and the mail is returned marked "refused" or
"unclaimed," or if ordinary mail sent to the address is returned for
whatever reason, then such occurrence shall be prima facie proof that
the owner has failed to comply with this requirement.
6.
Permission granting code enforcement staff of the City of St.
John access to all exterior areas of the real property for inspection
purposes.
C.
If at any time the information contained in this registration is
no longer valid or has changed, the owner or authorized representative
has ten (10) days to file an amended registration form containing
the current information. There shall be no fee required to update
the current owner's information.
[Ord. No. 1040 §1, 8-4-2014]
A.
Real properties subject to this Chapter shall be kept free of weeds,
grass more than eight (8) inches in height, trash, junk, debris, building
materials, accumulation of newspapers, circulars, flyers, notices,
except those required by law, discarded items, including but not limited
to furniture, clothing, large and small appliances, printed material,
signage, containers, equipment, construction materials, derelict vehicles,
or any other items that give the appearance that the real property
is abandoned. The real property shall be maintained in compliance
with the International Property Maintenance Code as adopted by the
City.
B.
All visible front and side yards shall be landscaped and properly
maintained. Landscaping includes, but is not limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or mulch designed and maintained in an appropriate manner. Landscaping
does not include weeds, gravel, broken concrete, asphalt, decomposed
materials, plastic sheeting, indoor-outdoor carpeting or any similar
material. Maintenance includes, but is not limited to, regular watering,
irrigation, cutting, pruning and mowing of required landscaping and
removal of all trimmings.
C.
Pools, spas, and other water features shall be kept in working order
so that water remains clear and free of pollutants and debris, or
drained and kept dry and free of debris. In either case, properties
with pools or spas must comply with the minimum security fencing and
barrier requirements of the Code.
D.
Real properties subject to this Chapter shall be maintained in a
secure manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, the closure and locking
of windows, doors, gates and any other opening of such size that it
may allow children, animals, or wildlife to access the interior of
the real property. Broken windows must be repaired or replaced within
seven (7) days. Boarding up of broken windows is prohibited except
as a temporary measure.
E.
If the real property is owned by a corporation and/or the beneficiary,
trustee, or owner is located more than fifty (50) miles away, the
corporation, beneficiary, trustee, or owner shall designate a local
authorized representative who will be responsible to maintain the
real property in compliance with the provisions of this Chapter.
[Ord. No. 1040 §1, 8-4-2014]
A.
The owner of a vacant or abandoned real property shall pay an annual
registration fee of two hundred dollars ($200.00) per real property
each year the real property remains vacant or abandoned. The registration
fee is intended to at least partially recoup, and shall be reasonably
related to, the administrative costs for registering and processing
the vacant real property owner registration form and for the costs
the City may incur in monitoring and inspecting the vacant or abandoned
real property.
B.
The first annual fee shall be paid no later than thirty (30) days
after the real property becomes vacant or abandoned, and any subsequent
annual registration fee shall be paid no later than January 30 of
each year. If the fee is not paid within thirty (30) days of being
due, the owner shall be subject to prosecution.
C.
All fees required by this Chapter shall be paid in full prior to
the issuance of any building or occupancy permit. All delinquent fees
shall be paid by the owner prior to any transfer of an ownership interest
in any vacant or abandoned real property. If the fees are not paid
prior to any transfer, the new owner shall pay all delinquent fees
no later than thirty (30) days after the transfer of ownership and
subsequent annual fees shall be due on January 30 of each year. Upon
transfer or sale, the City Manager or Public Works Director may waive
these fees.
