[Ord. No. 1439 §1, 10-8-2009]
It is the purpose and intent of the City of Pagedale, Missouri,
through the adoption of this Chapter, to establish an abandoned residential
property registration program as a mechanism to protect residential
neighborhoods from becoming blighted through the lack of adequate
maintenance and security of abandoned properties.
[Ord. No. 1439 §2, 10-8-2009]
For the purposes of this Chapter, certain words and phrases
used in this Chapter are defined as follows:
A property that is vacant and is under a current Notice of
Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien
Sale and/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/sale.
A property that is accessible through a compromised/breached
gate, fence, wall, etc.
A structure/building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized
persons.
Any agreement or written instrument which provides that title
to residential property shall be transferred or conveyed from one
owner to another owner after the sale, trade, transfer or exchange.
An instrument that transfers the beneficial interest under
a deed of trust from one lender/entity to another.
A lender under a note secured by a deed of trust.
Any person, co-partnership, association, corporation, or
fiduciary who agrees to transfer anything of value in consideration
for property described in an agreement of sale, as defined in this
Subsection.
Any building/structure that is in violation of any condition
referenced in the Pagedale City Code and/or any condition deemed to
be dangerous by a City of Pagedale official, inspection officer, Police
Officer or Pagedale Municipal Court.
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 party as security for a real estate loan. This definition applies
to any and all subsequent deeds of trust i.e.: 2nd trust deed, 3rd
trust deed, etc.
The failure to fulfill a contractual obligation, monetary
or conditional.
A property that is under a current Notice of Default and/or
Notice of Trustee's Sale and/or pending Tax Assessor's Lien Sale or
has been foreclosed upon by the trustee or has been conveyed to the
beneficiary/trustee via a deed in lieu of foreclosure/sale.
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
and/or dead vegetation, accumulation of newspapers, circulars, flyers
and/or mail, post due utility notices and/or disconnected utilities,
accumulation of trash, junk and/or debris, the absence of window coverings
such as curtains, blinds and/or shutters, the absence of furnishings
and/or personal items consistent with residential habitation, statements
by neighbors, passersby, 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) defaults.
Within forty (40) road/driving miles distance of the subject
property.
Those conditions that are present on a simple majority of
properties within a three hundred (300) foot radius of an individual
property. A property that is the subject of a neighborhood standard
comparison, or any other abandoned property within three hundred (300)
foot radius, shall not be counted toward the simple majority.
A recorded notice that a default has occurred under a deed
of trust and that the beneficiary intends to proceed with a trustee's
sale.
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 any given
point in time the record is provided by the St. Louis County Records
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.
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 and/or zoned for such use.
Such measures as may be directed by an official from the
City of Pagedale and/or St. Louis County or his or 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
and/or other openings. Boarding shall be completed to a minimum of
the current HUD securing standards at the time the boarding is completed
or required.
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. 1439 §3, 10-8-2009]
Within ten (10) days of the purchase and/or transfer of a loan/deed
of trust secured by residential property, the new beneficiary/trustee
shall record, with the St. Louis County Recorder's office, an Assignment
of Rents, or similar documents, that lists the name of the corporation
and/or individual, the mailing address and contact phone number of
the new beneficiary/trustee responsible for receiving payments associated
with the loan/deed of trust.
[Ord. No. 1439 §4, 10-8-2009]
A.
Any
beneficiary/trustee who holds a deed of trust on a property located
within the City of Pagedale, Missouri, shall perform an inspection
of the property that is the security for the deed of trust, upon default
by the trustor, prior to recording a Notice of Default with the St.
Louis County Recorder's office. If the property is found to be vacant
or shows evidence of vacancy, it is, by this Chapter, deemed abandoned
and the beneficiary/trustee shall, within ten (10) days of the inspection,
register the property with the City of Pagedale and St. Louis County
on forms provided by the City.
B.
If
the property is occupied but remains in default, it shall be inspected
by the beneficiary/trustee, or his designee, monthly until:
1.
The trustor or other party remedies the default; or
2.
It is found to be vacant or shows evidence of vacancy at which time
it is deemed abandoned, and the trustee shall, within ten (10) days
of that inspection, register the property with the City of Pagedale
and St. Louis County on forms provided by the City.
C.
In
either case the registration shall contain the name of the beneficiary/trustee
(corporation or individual), the direct street/office mailing address
of the beneficiary/trustee (no P.O. Boxes), a direct contact name
and phone number for the beneficiary/trustee and, in the case of a
corporation or out of area beneficiary/trustee, the local property
management company responsible for the security, maintenance and marketing
of the property. Registration fees will not be prorated.
D.
An
annual registration fee shall accompany the registration form. The
fee and registration shall be valid for the calendar year, or remaining
portion of the calendar year, in which the registration was initially
required. Subsequent registrations and fees are due January first
(1st) of each year and must be received no later than January thirty-first
(31st) of the year due.
E.
This
Section shall also apply to properties that have been the subject
of a foreclosure sale where the title 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/sale.
F.
Properties
subject to the Chapter shall remain under the annual registration
requirement, security and maintenance standards of this Section as
long as they remain vacant.
G.
Any
person, firm or corporation that has registered a property under this
Chapter must report any change of information contained in the registration
within ten (10) days of the charge.
[Ord. No. 1439 §5, 10-8-2009]
A.
Properties
subject to this Section shall be, in comparison to the neighborhood
standard, kept free of weeds, dry brush, dead vegetation, trash, junk,
debris, building materials, any accumulation of newspapers, circulars,
flyers, notices, except those required by Federal, State or local
law, discarded personal items including, but not limited to, furniture,
clothing, large and small appliances, printed material or any other
items that give the appearance that the property is abandoned.
B.
The
property shall be maintained free of graffiti, tagging, or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
C.
Visible
front and side yards shall be landscaped and maintained to the neighborhood
standard at the time registration was required.
D.
Landscape
includes, but is not limited to, grass, ground covers, bushes, shrubs,
hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential installation.
E.
Landscape
does not include weeds, gravel, broken concrete, asphalt, decomposed
granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar
material.
F.
Maintenance
includes, but is not limited to, regular watering, irrigation, cutting,
pruning and mowing of required landscape and removal of all trimmings.
G.
Adherence
to this Section does not relieve the beneficiary/trustee or property
owner of any obligations set forth in any covenants, conditions and
restrictions and/or homeowners association rules and regulations which
may apply to the property.
[Ord. No. 1439 §6, 10-8-2009]
A.
Properties
subject to this Section shall be maintained in a secure manner so
as not to be accessible to unauthorized persons.
B.
Secure
manner includes, but is not limited to, 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.
C.
If
the property is owned by a corporation and/or out of area beneficiary/trustee/owner,
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.
D.
The
property shall be posted with name and twenty-four (24) hour contact
phone number of the local property management company. The posting
shall be no less than eighteen (18) inches by twenty-four (24) inches
and shall be of a font that is legible from a distance of forty-five
(45) feet and shall contain along with the name and twenty-four (24)
hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT
PROBLEMS OR CONCERNS CALL". The posting shall be placed on the interior
of a window facing the street to the front of the property so it is
visible from the street, or secured to the exterior of the building/structure
facing the street to the front of the property so it is visible from
the street or if no such area exists, on a stake of sufficient size
to support the posting in a location that is visual from the street
to the front of the property but not readily accessible to vandals.
Exterior posting must be constructed of and printed with weather-resistant
materials.
E.
The
local property management company shall inspect the property on a
weekly basis to determine if the property is in compliance with the
requirements of this Chapter.
[Ord. No. 1439 §7, 10-8-2009]
In addition to the enforcement remedies established in the Pagedale
City Code, the City of Pagedale shall have the authority to require
the beneficiary/trustee/owner and/or owner of record of any property
affected by this Chapter, to implement additional maintenance and/or
security measures including, but not limited to, securing any/all
door, window or other openings, installing additional security lighting,
increasing on-site inspection frequency, employment of an on-site
security guard or other measures as may be reasonably required to
arrest the decline of the property.
[Ord. No. 1439 §8, 10-8-2009]
The fees for registering an abandoned residential property shall
be set by resolution of the Board of Alderpersons.
[Ord. No. 1439 §§9 —
11, 10-8-2009]
A.
Violations
of this Chapter may be enforced in any combination as allowed in the
Pagedale City Code.
B.
Any
person aggrieved by any of the requirements of this Chapter may appeal
insofar as such appeal is allowed under the Pagedale City Code.
C.
Violations
of this Chapter shall be treated as a strict liability offense regardless
of intent. Any person, firm and/or corporation that violates any portion
of this Chapter shall be subject to prosecution and/or administrative
enforcement permitted under the Pagedale City Code for nuisance properties.
