[Ord. No. 22-01-01, 1-18-2022]
The following words, terms, and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning.
A local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential structures.
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. 22-01-01, 1-18-2022]
The City of Excelsior Springs, by and through the City Manager and/or his/her designee, shall establish a registry cataloging each property subject to the registration requirement (Section 550.030, below) of the Code of Ordinances of the City of Excelsior Springs, Missouri, and within the City of Excelsior Springs, such registry to contain the information required by this Chapter.
[Ord. No. 22-01-01, 1-18-2022]
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 of the City of Excelsior Springs, Missouri, shall be registered
as a vacant residential structure and shall be subject to the registration
fee of two hundred dollars ($200.00).
[Ord. No. 22-01-01, 1-18-2022]
The City Manager or his/her designee shall direct that such
vacant residential buildings be marked or posted with a written notice
reading substantially as follows:
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REGISTRATION OF VACANT RESIDENTIAL STRUCTURES REQUIRED
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This property has been vacant for six (6) months or more and
code violations exist on this vacant residential structure, a semiannual
registration fee of two hundred dollars ($200.00) is required and
will be charged to the owner of the property. Any persons willfully
destroying, mutilating or removing this placard will be punished to
the full extent of the law.
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Posted under authority granted in Ordinance _____ Section _____
of the City of Excelsior Springs, Missouri.
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Date Posted _____
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[Ord. No. 22-01-01, 1-18-2022]
A.
Registration. The City Manager or his/her designee shall investigate
any property that may be subject to registration. Based upon his/her
findings, the City Manager or his/her 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 Clerk shall notify the owners of the registered property
by mail at their last known address according to the records of the
City and Clay and/or Ray County. Such notice shall state:
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
City Manager or his/her designee may waive levy of the registration
fee following an established time period for 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 City
Manager or his/her designee, the property owner may appeal the decision
to the Municipal Court for the City of Excelsior Springs.
[Ord. No. 22-01-01, 1-18-2022]
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.
Billing Procedures — Late Penalties. The City Clerk shall cause
to be mailed to the owner of property registered under this Chapter,
at his/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 equivalent to ten percent
(10%) of the registration fee shall be assessed for each month during
which the fee remains unpaid.
D.
Failure To Pay Fee Unlawful. It shall be unlawful both for any owner
of property registered pursuant to this Chapter to fail register any
residential structure subject to the provisions of this Chapter and
to pay the registration fee imposed for such property. Any person
found guilty of failing to register any residential structure subject
to the provisions of this Chapter and or failing to pay any required
fee shall be deemed guilty of violating the Code of Ordinances of
the City of Excelsior Springs, Missouri. Each day any violation of
any provision of this Chapter is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
E.
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 registration fees, interest and
penalties from any person liable therefor and, in addition, may recover
the cost of such action, including reasonable attorneys' fees.
2.
Lien On Property. Any unpaid or delinquent registration 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 City Manager 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 Code provisions cited by the City Manager
or his/her designee 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.
