| 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. |
| 310.2 Definitions. For the purpose of this Chapter, certain words and phrases used in this ordinance are defined as follows: |
| | 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. |
| | ACCESSIBLE STRUCTURE — A structure that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. |
| | BENEFICIARY — A lender under a note secured by a deed of trust. |
| | DAYS — Consecutive calendar days. |
| | 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. |
| | 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. |
| | DEFAULT — The failure to fulfill a contractual obligation, monetary or conditional. |
| | 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. |
| | 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. |
| | LOCAL — Within forty (40) road/driving miles distance of the subject property. |
| | NOTICE OF DEFAULT — A notice that a default has occurred under a deed of trust as provided for in Section 408.554, RSMo. |
| | OUT OF AREA — In excess of forty (40) road/driving miles distance of the subject property. |
| | OWNER — Any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. |
| | 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. |
| | 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. |
| | 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. |
| | 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. |
| | 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. |
| | TRUSTEE — The person, firm or corporation holding a deed of trust on a property. |
| | TRUSTOR — A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. |
| | VACANT — A building/structure that is not legally occupied. |
| 310.3 Registration. |
| A. | 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. |
| 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. |
| C. | The registration shall be valid as long as the subject property remains vacant and shall be amended as needed. |
| 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. |
| E. | Properties subject to this ordinance shall remain under the security and maintenance standards of this Section as long as they remain vacant. |
| F. | 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. |
| 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. |
| 310.5 Security Requirements. |
| 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). |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |