[R.O. 2013 § 540.010; R.O. 2012 § 540.010; Ord. No. 875 Art. I, 7-17-2003]
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. 2013 § 540.020; R.O. 2012 § 540.020; Ord. No. 875 Art. 1, 7-17-2003]
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. 2013 § 540.030; R.O. 2012 § 540.030; Ord. No. 875 Art. I, 7-17-2003]
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. 2013 § 540.040; R.O. 2012 § 540.040; Ord. No. 875 Art. I, 7-17-2003]
A. Registration. The Building Commissioner, or his/her designee, shall
investigate any property that may be subject to registration. Based
upon his/her findings, the Commissioner 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 Clerk shall notify the owners of the registered property by mail
at their last known address according to the records of the Village
of Hanley Hills 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 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
Building Commissioner 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 thirty
(30) days of the date of reconsideration by the Commissioner, the
property owner may appeal the decision to the office of the Municipal
Court for the Village of Hanley Hills.
[R.O. 2013 § 540.050; R.O. 2012 § 540.050; Ord. No. 875 Art. I, 7-17-2003; Ord. No. 1039, 1-16-2014]
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
Commissioner or reconsideration by the Commissioner. 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 Village Clerk, or
her designee, 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 penalty
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 failing to pay any required fee shall be punished as provided in Section
100.220 of the Municipal Code for fines only. The penalty for jail time shall not apply for violations of this Chapter.
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 Village 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 Village Clerk or her
designee is authorized to take all steps necessary to file and perfect
such liens as may be required or directed by the Building Commissioner
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 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
violation of the applicable housing code cited by the Building Commissioner
have been cured and presenting payment of all registration fees and
penalties. Upon bona fide sale of the property pursuant to this Section
to an unrelated party, the lien on such property for the registration
fees shall be considered released and the delinquent registration
fee forgiven.