[Ord. No. 3830 §1, 2-16-2009]
It is the purpose of 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. 3830 §2, 2-16-2009]
The following words and phrases, when used in this Chapter shall
mean:
A local building, fire, health, property maintenance, nuisance
or other ordinance which contains standards regulating the condition
or maintenance of residential buildings.
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. 3830 §3, 2-16-2009]
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 of two hundred dollars ($200.00).
[Ord. No. 3830 §4, 2-16-2009]
Posting. The Director of Public Works or his
or her designee shall direct that such vacant residential buildings
be marked or posted with a written notice reading substantially as
follows:
REGISTRATION OF VACANT RESIDENTIAL STRUCTURES REQUIRED
This property has been vacant for 6 months or more and code
violation exists on this vacant residential structure, a semi-annual
registration fee of $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.
Posted under authority granted in Ordinance 3830 Section 535.040 of the City of Berkeley, Missouri, Director of Public Works.
Date Posted ______________________
[Ord. No. 3830 §5, 2-16-2009]
A.
Registration. The Director of Public Works of the City
of Berkeley, Missouri, or his or her designee shall investigate any
property that may be subject to registration. Based upon his or her
findings, the Director of Public Works may register property as vacant
residential structure subject to this Chapter.
B.
Notice Of Registration. Within five (5) business days of
such registration, the Finance Director shall notify the owners of
the registered property by mail at their last known address according
to the records of the City of Berkeley and St. Louis County. Such
notice shall state:
C.
Time To Cure — Reconsideration. Within thirty (30)
days of the date of notification of registration, 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 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 fee should be waived, the Director
of Public Works 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 the notice of registration
or within thirty (30) days of the date of reconsideration by the Director
of Public Works, the property owner may appeal the decision to the
City Manager of the City of Berkeley.
[Ord. No. 3830 §6, 2-16-2009]
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.
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.
Billing Procedures — Late Penalties. The Finance Director
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 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 registration fee remains unpaid.
D.
Failure To Pay Fee Unlawful. Any person violating any of
the provisions of this Chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding
one thousand dollars ($1,000.00) or be imprisoned in the City or County
Jail for a period of not exceeding ninety (90) days or both such fine
and imprisonment. Each day such violation 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 therefore 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 registration
fee was originally assessed until the same shall be fully satisfied.
The Finance Director is authorized to take all steps necessary to
file and perfect such liens as may be required or directed by the
Director of Public Works from time to time.
3.
Obtaining permits and inspections prohibited. In
addition to any other penalties provided by law, if an owner fails
to pay the registration fee assessed for such property, including
any late payment fee subsequently imposed, within sixty (60) days
of the date of the mailing of the initial bill, said owner shall not
be permitted to apply for, obtain or renew any City license, obtain
permits of any kind and/or apply for any inspections until such delinquency
has been satisfied.
4.
Sale of property. Upon a bona fide sale of the registered
property to an unrelated party, the lien on such property for the
registration fees shall remain in effect and shall be collect at the
time of the closing of the residential sale.
