[Ord. No. 634 § 1, 5-8-2017]
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. 634 § 2, 5-8-2017]
The following words and phrases when used in this Chapter shall
have the following meanings:
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.
[Ord. No. 634 § 3, 5-8-2017]
Every parcel of residential property improved by a residential
structure or commercial property improved by a structure containing
a residential structure or 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. 634 § 4, 5-8-2017]
A. Registration. The Building Inspector, or his designee, shall investigate
any property that may be subject to registration. Based upon his findings,
the Mayor, or his designee, 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 shall notify the owners of the registered property by mail
at their last known address according to the records of the City of
Ironton. 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
Mayor or his designee 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 of registration
or within thirty (30) days of the date of reconsideration by the Mayor
or his designee, the property owner may appeal the decision to the
Municipal Court for the City of Ironton.
[Ord. No. 634 § 5, 5-8-2017]
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
City or reconsideration by the City; 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 Court.
D. Billing Procedures; Late Penalties. The City 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 by 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 Mayor 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 City 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.