[Ord. No. 16-5 § 1, 8-2-2016]
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.
[Ord. No. 16-5 § 1, 8-2-2016]
HOUSING CODE
A local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential buildings. As used herein, local building
codes include those codes adopted by the Governing Body of the City
of Charlack, Missouri, and St. Louis County, Missouri.
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.
[Ord. No. 16-5 § 1, 8-2-2016]
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.
[Ord. No. 16-5 § 1, 8-2-2016]
A. Registration. The Building Inspector of the City of Charlack, Missouri,
shall investigate any property that may be subject to registration.
Based upon his findings, the Building Inspector 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 Charlack 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 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 fee should be waived, the Building Inspector 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 Inspector,
the property owner may appeal the decision to the office of the Municipal
Court for the City of Charlack.
[Ord. No. 16-5 § 1, 8-2-2016]
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 Inspector or reconsideration by the Building Inspector; 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 not paying the registration fee may 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 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 City Clerk is authorized
to take all steps necessary to file and perfect such liens as may
be required or directed by the Building Inspector 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 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 Inspector
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.