City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1680 §1, 7-6-2010]
It is the purpose and intent of the City of Oak Grove, Missouri, through the adoption of this Article, to establish an abandoned residential property registration program for properties which are in the process of foreclosure as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and adequate security of abandoned properties.
[Ord. No. 1680 §1, 7-6-2010]
For the purposes of this Article, certain words and phrases are defined as follows:
ABANDONED
A property that is vacant and under a current notice of default or notice of sale, or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure of sale.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised, breached or broken gate, fence or other entry point.
BENEFICIARY
A lender under a note secured by a deed of trust.
DAYS
Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE OR SALE
A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
DEED OF TRUST
An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition includes any subsequent deeds of trust.
DEFAULT
The failure to fulfill a contractual obligation, monetary or conditional.
EVIDENCE OF VACANCY
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspaper, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passerby, delivery agents, government employees that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) under a deed of trust defaults.
LOCAL
Within forty (40) road/driving miles distance of the subject property.
NOTICE OF DEFAULT
A notice issued pursuant to the applicable real estate security document or Section 408.554, RSMo., that a default has occurred under a deed of trust.
OUT OF AREA
In excess of forty (40) road/driving miles distance of the subject property.
OWNER
Any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property.
OWNER OF RECORD
The person having recorded title to the property at the point in time the record is provided by the Jackson County or Lafayette County Recorder's office.
PROPERTY
Any unimproved or improved real property, or portion thereof, situated in the City and includes the buildings or structures located on the property regardless of condition.
REGISTERED REPRESENTATIVE
The person designated by a beneficiary as the beneficiary's representative for purposes of accepting notice, service and summons on behalf of the beneficiary and for otherwise ensuring compliance with the requirements of this Article.
RESIDENTIAL BUILDING
Any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned for such use.
SECURING
Measures as may be directed by the Building Official or his/her designee that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/pad locking of gates, the repair or boarding of door, window or other openings.
TRUSTEE
The person, firm or corporation holding a deed of trust on a property.
TRUSTOR
A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
VACANT
A building/structure that is not legally occupied.
[Ord. No. 1680 §1, 7-6-2010]
A. 
Any beneficiary under a deed of trust covering a property located within the City of Oak Grove, Missouri shall cause an inspection to be performed of the property that is the security for the deed of trust within fifteen (15) days of issuing a notice of default to the trustor. If the property is found to be vacant or shows evidence of vacancy, it is, by this Article, deemed abandoned and the beneficiary shall, within ten (10) days of the inspection, register the property with the Building Official or his/her designee on forms provided by the City.
B. 
The registration shall contain the full legal nature of the beneficiary and the registered representative, the direct street/office mailing address of the beneficiary and the registered representative (no P.O. boxes), a direct contact name and phone number for the beneficiary and registered representative, and, if applicable, the local property management company responsible for the security, maintenance and marketing of the property.
C. 
The registration shall be valid as long as the subject property remains vacant and shall be amended as needed.
D. 
This Section shall also apply to properties that have been the subject of a foreclosure sale where title to the property was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
E. 
Properties subject to this Article shall remain under the security and maintenance standards of this Section as long as they remain vacant.
F. 
Any person, firm or corporation that has registered a property under this Article must report any change of information contained in the registration within ten (10) days of the change.
[Ord. No. 1680 §1, 7-6-2010]
Properties subject to this Article shall be maintained in compliance with the International Property Code adopted by the City of Oak Grove. Adherence to this Section does not relieve the beneficiary or property owner of any obligations set forth in any covenants, conditions and restrictions or homeowners' association rules and regulations which may apply to the property.
[Ord. No. 1680 §1, 7-6-2010]
A. 
Properties subject to this Section shall be maintained in a secure manner so as not to be accessible to unauthorized persons. This includes, without limitation, the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and/or structure(s). In the case of broken windows, "securing" means the reglazing or boarding of the window.
B. 
If the beneficiary is an out of area beneficiary, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this Section, and any other applicable laws, are being met.
C. 
The beneficiary shall cause the property to be inspected on a weekly basis to determine if the property is in compliance with the requirements of this Article.
[Ord. No. 1680 §1, 7-6-2010]
The requirements of this Article are in addition to any other maintenance and security measures required by the Code of Ordinances. The requirements of this Article shall not serve to lessen or abrogate any other applicable provisions of the Code of Ordinances.
[Ord. No. 1680 §1, 7-6-2010]
Any beneficiary, registered representative, or local property management company that violates any provision of this Article shall be in violation of this Article, and summons may be issued against the beneficiary's representative for such violation. In addition to any other penalties which may be assessed for a violation of this Article, any person or entity who violates a provision of this Article shall be assessed a fine of five hundred dollars ($500.00) per violation.