GROUND SNOW LOAD
|
WIND SPEEDd
(mph)
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SESMIC DESIGN CATEGORYf
|
SUBJECT TO DAMAGE FROM
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---|---|---|---|---|---|
Weatheringa
|
Frost line depthb
|
Termitec
| |||
20 psf
|
90
|
A
|
Severe
|
36"
|
Moderate to Heavy
|
WINTER DESIGN TEMPe
|
ICE BARRIER UNDERLAYMENT REQUIREDh
|
FLOOD HAZARDg
|
AIR FREEZING INDEXi
|
MEAN ANNUAL TEMPj
|
---|---|---|---|---|
6° F.
|
YES
|
See Chapter 410
|
1,000° F. days
|
55.8°
|
302.10 Parking on Property Zoned Residential. It
shall be unlawful for any person to park or allow to be parked any
vehicle, boat, trailer or camper for any period of time closer than
the front residential facade, and the street unless the area used
for parking the vehicle, boat, trailer or camper is an improved surface
approved by the City.
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1. Parking of a vehicle, boat, trailer or camper behind the
front of the residence, in the side yard, is prohibited on property
less than fourteen thousand five hundred twenty (14,520) square feet
in size.
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2. Parking of a vehicle, boat, trailer or camper behind the
front of the residence, in the rear yard, is permitted if a minimum
five (5) foot clearance is maintained from the vehicle, boat, trailer
or camper to the side or rear property line of the residence.
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310.1 Purpose. It is the purpose and intent of
the City of Peculiar's Board of Aldermen, through the adoption of
this ordinance, to establish an abandoned residential property registration
program for properties which are in the process of foreclosure as
a mechanism to protect residential neighborhoods from becoming blighted
through the lack of adequate maintenance and adequate security of
abandoned properties.
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310.2 Definitions. For the purpose of this Chapter,
certain words and phrases used in this ordinance are defined as follows:
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ABANDONED — A property that is vacant and under a current
notice of default or notice of sale, or properties that have been
the subject of a foreclosure sale where the title was retained by
the beneficiary of a deed of trust involved in the foreclosure and
any properties transferred under a deed in lieu of foreclosure or
sale.
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ACCESSIBLE STRUCTURE — A structure that is unsecured or
breached in such a way as to allow access to the interior space by
unauthorized persons.
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BENEFICIARY — A lender under a note secured by a deed
of trust.
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DAYS — Consecutive calendar days.
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DEED OF TRUST — An instrument by which title to real estate
is transferred to a third party trustee as security for a real estate
loan. This definition includes any subsequent deeds of trust.
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DEED IN LIEU OF FORECLOSURE OR SALE — A recorded document
that transfers ownership of a property from the trust or to the holder
of a deed of trust upon consent of the beneficiary of the deed of
trust.
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DEFAULT — The failure to fulfill a contractual obligation,
monetary or conditional.
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EVIDENCE OF VACANCY — Any condition that on its own, or
combined with other conditions present, would lead a reasonable person
to believe that the property is vacant. Such conditions include but
are not limited to, overgrown or dead vegetation, accumulation of
newspapers, circulars, flyers, or mail, past due utility notices or
disconnected utilities, accumulation of junk or debris, the absence
of window coverings such as curtains, blinds or shutters, the absence
of furnishings or personal items consistent with residential habitation,
statements by neighbors, passersby, delivery agents, government employees
that the property is vacant.
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FORECLOSURE — The process by which a property, placed
as security for a real estate loan, is sold at auction to satisfy
the debt if the trustor (borrower) under a deed of trust defaults.
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LOCAL — Within forty (40) road/driving miles distance
of the subject property.
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NOTICE OF DEFAULT — A notice that a default has occurred
under a deed of trust as provided for in Section 408.554, RSMo.
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OUT OF AREA — In excess of forty (40) road/driving miles
distance of the subject property.
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OWNER — Any person, co-partnership, association, corporation,
or fiduciary having a legal or equitable title or any interest in
any real property.
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OWNER OF RECORD — The person having recorded title to
the property at the point in time of record is provided by Cass County
Recorder's office.
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PROPERTY — Any unimproved or improved real property, or
portion thereof, situated in the City and includes the buildings or
structures located on the property regardless of condition.
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REGISTERED REPRESENTATIVE — The person designated by a
beneficiary as the beneficiary's representative for purposes of accepting
notice, service and summons on behalf of the beneficiary and for otherwise
compliance with the requirements of this ordinance.
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RESIDENTIAL BUILDING — Any improved real property, or
portion thereof, situated in the City, designed or permitted to be
used for dwelling purposes, and shall include the buildings and structures
located on such improved real property. This includes any real property
being offered for sale, trade, transfer, or exchange as residential
whether or not it is legally permitted or zoned for such use.
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SECURING — Such measures as may be directed by the Codes
Officer or his or her designee that assist in rendering the property
inaccessible to unauthorized persons, including, but not limited to,
the repairing of fences and walls, chaining/pad locking of gates,
the repair or boarding of door, window or other openings.
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TRUSTEE — The person, firm or corporation holding a deed
of trust on a property.
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TRUSTOR — A borrower under a deed of trust, who deeds
property to a trustee as security for the payment of a debt.
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VACANT — A building/structure that is not legally occupied.
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310.3 Registration.
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A.
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Any beneficiary under a deed of trust covering a property located
within the City of Peculiar shall cause an inspection to be performed
of the property that is the security for the deed of trust within
fifteen (15) days of issuing a notice of default to the trustor. If
the property is found to be vacant or shows evidence of vacancy, it
is, by this ordinance, deemed abandoned and the beneficiary shall,
within ten (10) days of the inspection, register the property with
the Codes Officer or his or her designee on forms provided by the
City.
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B.
|
The registration shall contain the full legal name of the beneficiary
and the registered representative, the direct street/office mailing
address of the beneficiary and the registered representative (no PO
Boxes), a direct contact name and phone number for the beneficiary
and registered representative, and if applicable, the local property
management company responsible for the security, maintenance and marketing
of the property.
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C.
|
The registration shall be valid as long as the subject property
remains vacant and shall be amended as needed.
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D.
|
This Section shall also apply to properties that have been the
subject of a foreclosure sale where title to the property was transferred
to the beneficiary of a deed in lieu of foreclosure or sale.
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E.
|
Properties subject to this ordinance shall remain under the
security and maintenance standards of this Section as long as they
remain vacant.
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F.
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Any person, firm or corporation that has registered a property
under this ordinance must report any change of information contained
in the registration within ten (10) days of the change.
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310.4 Maintenance Requirements. Properties subject
to this ordinance shall be in compliance with the City of Peculiar's
Property Maintenance Code. Adherence to this Section does not relieve
the beneficiary or property owner of any obligations set forth in
any covenants conditions and restrictions or Home Owners Association
rules and regulations which may apply to the property.
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310.5 Security Requirements.
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A.
|
Properties subject to this Section shall be maintained in a
secure manner so as not to be accessible to unauthorized persons.
This includes, without limitations, the closure and locking of windows,
doors (walk-through, sliding, and garage), gates and any other opening
of such size that it may allow a child to access the interior of the
property and/or structure(s).
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B.
|
If the beneficiary is an out of area beneficiary, a local property
management company shall be contracted to perform bi-weekly inspections
to verify that the requirements of this Section, and any other applicable
laws, are being met.
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C.
|
The property shall be posted with the name and 24-hour contact
phone number of the registered representative or local property management
company. The posting shall be visible and legible from the exterior
of the structure and shall contain along with the name and 24-hour
contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT
PROBLEMS OR CONCERNS CALL." Exterior postings must be made weather
resistant and be posted or secured in a manner so as not to be easily
removed.
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D.
|
The beneficiary shall cause the property to be inspected on
a bi-weekly basis to determine if the property is in compliance with
the requirements of this ordinance.
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310.6 Compliance With Other Authority. The requirements
of this ordinance are in addition to any other maintenance and security
measures required by the Property Maintenance Code. The requirements
of this ordinance shall not serve to lessen or abrogate any other
applicable provisions of the Property Maintenance Code.
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310.7 Violations. Any beneficiary, registered representative,
or local property management company that violates any provision of
this ordinance shall be in violation of this ordinance, and summons
may be issued against the beneficiary's representative for such violation.
In addition to any other penalties which may be assessed for a violation
of this ordinance, any person or entity who violates a provision of
this ordinance shall be assessed a fine of $500.00 per violation.
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