[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:
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.
A property that is accessible through a compromised, breached
or broken gate, fence or other entry point.
A lender under a note secured by a deed of trust.
Consecutive calendar days.
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.
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.
The failure to fulfill a contractual obligation, monetary
or conditional.
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.
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.
Within forty (40) road/driving miles distance of the subject
property.
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.
In excess of forty (40) road/driving miles distance of the
subject property.
Any person, co-partnership, association, corporation, or
fiduciary having a legal or equitable title or any interest in any
real property.
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.
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.
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.
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.
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.
The person, firm or corporation holding a deed of trust on
a property.
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
A building/structure that is not legally occupied.
[Ord. No. 1680 §1, 7-6-2010]
A.Â
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.Â
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.Â
The
registration shall be valid as long as the subject property remains
vacant and shall be amended as needed.
D.Â
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.Â
Properties
subject to this Article shall remain under the security and maintenance
standards of this Section as long as they remain vacant.
F.Â
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.Â
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.Â
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.Â
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.
