[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. 2012 §540.020; Ord. No. 875 Art. I, 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. 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. 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. 2012 §540.050; Ord. No. 875 Art. I, 7-17-2003]
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 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 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.