[Ord. No. 61-2020, 9-17-2020]
A.
The Board of Aldermen finds that the continuation of properties that
are vacant and in disrepair have a negative effect on the community
as a whole, including decreasing property values, reducing the quality
of life, promoting crime, and negatively affecting the health and
welfare of the community. Further, the Board finds that the property
owners which cause these effects should be required to pay a portion
of the costs of these effects to the community.
B.
It is the purpose of this Chapter to provide for the effective monitoring
and routine inspection of vacant buildings and structures that, due
to Housing Code violations, may endanger the life, 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. 61-2020, 9-17-2020]
The following words and phrases, when used in this Chapter,
shall have the meanings respectively ascribed to them:
A person designated by the Mayor to act in such capacity,
including an independent contractor.
The local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential buildings.
A structure designed primarily to residential use, whether
classified as residential or commercial and regardless of the number
of dwelling units contained within such structure.
[Ord. No. 61-2020, 9-17-2020]
A.
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 the violation of the Housing Code
shall be registered as a vacant residential structure and shall be
subject to the registration fee.
B.
The Code Enforcement Officer shall periodically survey the buildings
within the City to determine if any are subject to the provisions
of this Chapter.
[Ord. No. 61-2020, 9-17-2020]
A.
Registration. The Building Inspector for the City or his/her designee
shall investigate any property that may be subject to registration.
Based upon his/her findings, the Inspector may register the property
as a vacant residential structure 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 and Cole County. Such notice shall state:
C.
Appeal Of Fee And/Or Reconsideration To Municipal Court. Within thirty
(30) days of the date of such notification, the property owner may
appeal the decision to the office of the Municipal Court for the City.
[Ord. No. 61-2020, 9-17-2020]
A.
Amount Of Fee. There is hereby established and assessed a semi-annual
fee in the amount of two hundred dollars ($200.00) imposed on all
owners of property registered under this Chapter. Such fee shall be
due and payable upon the notice that the property is required to register
and shall be again due and payable each subsequent January 1 and June
1 of each year.
B.
Owner Responsible. It shall be the joint and several responsibility
of each owner of property registered pursuant to this Chapter to pay
the semi-annual 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
Inspector or reconsideration by the 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 Collector shall cause
to be mailed to the owner of property registered under this Chapter,
at his/her last known address, a bill for the semi-annual 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 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 costs
of such action, including reasonable attorney fees.
2.
Lien On Property. Any unpaid or delinquent fee, 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 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 Inspector have
been cured and presenting payment of all registration fees and penalties.
