[Ord. No. 581, 3-20-2017]
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. 581, 3-20-2017]
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.
[Ord. No. 581, 3-20-2017]
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. 581, 3-20-2017]
A. Registration. The Director of Public Works for the City of Bland,
Missouri, or his/her designee, shall investigate any property that
may be subject to registration. Based upon his/her findings, the Director
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 the records of the City
of Bland and Gasconade 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
Director may waive the 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 Director, the
property owner may appeal the decision to the office of the Municipal
Court for the City of Bland.
[Ord. No. 581, 3-20-2017]
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
Director or reconsideration by the Director; 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 violating this law shall be subject to fines as set forth in Section
100.220 of this 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 Director 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 Director 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.