[R.O. 1995 § 517.010; Ord. No.
2002-19 § 1, 12-12-2002]
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. 1995 § 517.020; Ord. No.
2002-19 § 1, 12-12-2002]
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. 1995 § 517.030; Ord. No.
2002-19 § 1, 12-12-2002]
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. 1995 § 517.040; Ord. No.
2002-19 § 1, 12-12-2002]
A. Registration. The Building Commissioner for the City of Bel-Ridge,
Missouri, or his/her designee shall investigate any property that
may be subject to registration. Based upon his/her findings, the Building
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 City Clerk shall notify the owners of the registered property
by mail at their last known address according to the records of the
City of Bel-Ridge 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 semiannual registration fee has been levied
on the property; and
4.
The amount of the semiannual 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 within
thirty (30) days of the date of reconsideration by the Building Commissioner,
the property owner may appeal the decision to the office of the Municipal
Court for the City of Bel-Ridge.
[R.O. 1995 § 517.050; Ord. No.
2002-19 § 1, 12-12-2002; Ord. No. 2003-06 § 1, 4-10-2003]
A. Amount Of Fee. There is hereby established and assessed a semiannual
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 semiannual 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
Building Commissioner or reconsideration by the Building 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 City Clerk 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 semiannual 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 fee 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.
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 City may initiate and pursue an action in a court of competent
jurisdiction to recover any unpaid fees, interest and penalties from
any person liable therefore 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 City Clerk 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 the 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
City 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
violations of the applicable Housing Code cited by the Building Commissioner
have been cured and presenting payment of all registration fees and
penalties.
5.
Sale Of Property. Upon bona fide sale of the property to an
unrelated party, the lien on such property for the registration fees
shall be considered released and the delinquent registration fee forgiven.
[Ord. No. 2017-23 § 1, 8-1-2017]
A. This
Section shall apply to all rental dwellings, as defined in this Article,
including dwellings owned, operated, or subsidized by public or nonprofit
agencies. Effective January 1, 2018, the annual rental dwelling registration
requirement established by this Section shall go into effect.
B. The
owner of any rental dwelling as defined in this Article shall register
such dwelling annually with the Department of Public Works ("Department").
It shall be a violation of the City of Bel-Ridge Code for any person
or entity to fail to register any rental units regulated by this Article.
If a complex of rental dwellings on the same lot or property is under
common ownership, the entire complex shall be considered to be the
equivalent of a single rental dwelling for purposes of registration.
C. Prior
to February 1, 2018, the owner of each rental dwelling shall make
written application to the Director for registration of such dwelling.
There shall be no fee charged for this registration. After January
31, 2018, no person or entity shall allow to be occupied, or let to
another for occupancy, any rental unit unless the unit has been registered
as provided for in this Article.
D. All
registrations issued under this Article shall expire on December 31
of each year and shall be subject to renewal annually. Application
for renewal of registration in any year will be accepted beginning
January 1 and may be made without penalty through January 31.
E. All
owners shall apply for registration and renewal on a form provided
by the Department, which shall include provision for the following
owner, agent and other information:
1. The common name of the property, if any, and exact street address
of each dwelling to be registered and the number of dwelling units
in the dwelling.
2. An identification of the owner(s) by full name, telephone number,
mailing address, e-mail address and date of birth. If the property
is owned by a corporation, limited liability company, partnership,
limited partnership, trust or real estate investment trust, the name
and address of any of the following shall be provided:
a. For a corporation, a corporate officer and the chief operating officer;
b. For a partnership, the managing partner;
c. For a limited liability company, the managing or administrative member;
d. For a limited partnership, a general partner;
e. For a trust, a trustee; or
f. For a real estate investment trust, a general partner or an officer.
3. If the owner does not reside within the City of Bel-Ridge, Missouri,
he or she shall designate a local agent who shall be authorized to
receive on behalf of the owner service of any notice, order or summons
issued because of a violation of the City of Bel-Ridge Code. Such
agent must be an individual over the age of eighteen (18) years and
must reside within the City or customarily and regularly attend a
business office located within the City. A partner, associate or corporate
principal who meets these qualifications may be designated and registered
as the agent. All official notices may be served on the responsible
local agent and any notice so served shall be deemed to have been
served upon the owner of record.
4. The full name, telephone number, mailing address and e-mail address
of an agent, if one is so designated by the owner, to schedule inspections
and receive service of any notice, order or summons issued because
of a violation of this code.
5. The names, addresses, and phone numbers of designated employees or
authorized representatives who may be contacted in the event of an
emergency.
6. The signatures of the owner, an officer if the owner is a corporation,
a partner if the owner is a partnership, a member if the owner is
a limited liability company and the registered agent if so designated.
A registered agent's signature shall indicate consent to the designation.
7. The name, street address and telephone number for any buyer on a
contract for deed, if one shall exist.
8. The name, mailing address, telephone number and e-mail address for
the person or entity, whether it be the owner, tenant, manager or
agent, responsible for maintenance of the yard and grounds, including
but not limited to trash pick up and lawn maintenance.
F. A rental
unit certificate of compliance as described elsewhere in this Article
shall not be issued if the registration provisions of this Section
are not complied with.
G. The
owner of a newly constructed rental dwelling or of any dwelling newly
converted to a rental dwelling shall register the rental dwelling
prior to allowing occupancy of any new rental units. There shall be
no charge for the initial registration provided that the application
is made within thirty (30) days following the date of a certificate
of occupancy for the property.
H. No
person or entity shall rent, let, lease or otherwise allow the occupancy
of any dwelling, dwelling unit or rooming unit unless the property
has been registered as above provided.
[Ord. No. 2017-23 § 1, 8-1-2017]
The owner of a rental dwelling already registered with the City
shall register any changes in the original registration information
within thirty (30) days of said change. There shall be no fee for
this registration update if done within the thirty (30) days.
[Ord. No. 2017-23 § 1, 8-1-2017]
A. Every
seller of a rental dwelling registered as provided in this Section
shall give notice in writing to the Department within thirty (30)
days of closing. This notice shall include the name and address of
the buyer.
B. The
new owner shall have thirty (30) days from the date the change of
ownership occurred to file a new registration with the Department.
[Ord. No. 2017-23 § 1, 8-1-2017]
The Department shall maintain a registry of all rental dwellings
and rental units within the City that contains the following information:
A. The
address of the rental dwelling.
B. The
number of dwelling units in the dwelling.
D. The
name of the manager or other responsible person designated by the
owner.
E. The
telephone number where the owner and/or other responsible person will
accept calls.
F. The
name and address of the person or entity responsible for maintenance
of the yard and grounds.
[Ord. No. 2017-23 § 1, 8-1-2017]
It shall be a violation of the City of Bel-Ridge Code for an
owner or a responsible person to provide inaccurate information for
the register of rental dwellings or to fail to provide information
required by the City for the register. In those cases in which the
owner is not a natural person, the owner information required for
the register shall be provided for the organization owning the rental
dwelling and for the president, general manager, resident manager
or other chief executive officer of the organization.