Purpose. It is the purpose of this article to provide for effective
monitoring and routine inspection of vacant buildings and structures
that, due to housing code violation, may endanger the life, limb,
health, property, safety or welfare of the general public, and this
article shall apply to all residential structures that have been vacant
for more than six months and that are subject to housing code violations.
A local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential buildings or property.
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.
Registration requirement. 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 months and is characterized by violation of the housing
code shall be registered as a vacant residential structure and shall
be subject to the registration fee.
Registration. The Director of Public Services, or his or her
designee, shall investigate any property that may be subject to registration.
Based upon his findings, the Director may register property as a vacant
residential structure subject to this chapter.
Notice of registration. Within five 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 Crestwood and St. Louis County. Such notice shall state:
Time to cure; reconsideration. Within 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 article 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
levy of the registration fee following timely compliance.
Appeal of registration and/or reconsideration to Municipal Court.
Within 30 days of the date of such notification or within 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 Crestwood.
Owner responsible. It shall be the joint and several responsibility
of each owner of property registered pursuant to this article to pay
the semiannual registration fee.
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.
Billing procedures; late penalties. The City Clerk, or his or
her designee, shall cause to be mailed to the owner of property registered
under this article, at his or her last known address, a bill for the
semiannual registration fee. The fee shall be due and payable within
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
30 days of the date of mailing, a late payment fee of $25 per month
shall be assessed for each month during which the fee remains unpaid.
Failure to pay fee unlawful. It shall be unlawful for any owner of property registered pursuant to this article 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 § 1-6 of this Code.
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.
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, or his or
her designee, 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.
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
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.
Foreclosure. Any registration fees which are delinquent for
a period of one 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 violation
of the applicable housing code cited by the Director has been cured
and presenting payment of all registration fees and penalties.
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.