[Ord. No. 1499, 10-7-2019[1]]
The City of Pevely declares that properties in the process of
foreclosure (foreclosing properties) and/or vacant properties are
unsightly, unsafe, and have a negative effect on the community. The
purpose of this Chapter is to establish a program for identifying,
registering, and monitoring such foreclosing and/or vacant properties,
to set forth responsibility of all persons with any interest in such
properties, including mortgagees, lenders, trustees, and service companies,
and to speed the rehabilitation and reoccupation of such properties.
[1]
Editor's Note: This ordinance repealed former Ch. 510,
Registration of Vacant Residential Structures, adopted by Ord. No.
1138 §§ 2 — 6, 5-14-2007.
[Ord. No. 1499, 10-7-2019]
As used in this Chapter, the following words and phrases shall
have the meanings listed herein.
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 may include, but are not limited to, overgrown
and/or dead vegetation, electricity/water/other utilities turned off,
statements by neighbors/passersby/delivery agents or government agents,
lack of response to notices, returned or forwarded mail, unsecured
door, absence of, or condition of, personal belongings on the property,
habitation by vagrants, transients, trespassers, etc.
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.
A building or structure that is not legally occupied.
Any freestanding residential property that has not been legally
occupied for one hundred twenty (120) days.
Any freestanding commercial or industrial property that has
less than fifty percent (50%) of the total area of the building (excluding
stairwells, elevator shafts, and mechanical rooms) being legally occupied
or is not being used for occupancy that was authorized for one hundred
twenty (120) days.
A multifamily residential building or structure containing five
(5) or more dwelling units when eighty percent (80%) of the dwelling
units are unoccupied.
[Ord. No. 1499, 10-7-2019]
A.
Vacant properties shall be maintained in compliance with the codes
as adopted by the City as further defined herein as vacant structure
maintenance standards. Compliance includes, but is not limited to,
the following: properties shall be kept free of grass, weeds, and
other vegetation more than eight (8) inches in height; trash, junk,
debris, building materials, accumulation of newspapers, circulars,
flyers, notices, except those required by law, discarded items, including
but not limited to furniture, clothing, large and small appliances,
printed material, signage, containers, equipment, construction materials,
derelict vehicles, or any other items that give the appearance that
the property is abandoned.
B.
All yards shall be landscaped and properly maintained. Landscaping
includes, but is not limited to, grass, ground covers, bushes, shrubs,
hedges or similar plantings, decorative rock or mulch designed and
maintained in an appropriate manner. Landscaping does not include
gravel, broken concrete, asphalt, decomposed materials, plastic sheeting,
indoor-outdoor carpeting or any similar material. Maintenance includes,
but is not limited to, regular watering, irrigation, cutting, pruning
and mowing of required landscaping and removal of all trimmings.
C.
Pools, spas, and other water features shall be kept in working order
so that water remains clear and free of pollutants and debris, or
drained and kept dry and free of debris. In either case, properties
with pools or spas must comply with the minimum-security fencing and
barrier requirements of the Code.
D.
Properties subject to this Chapter shall be maintained in a weathertight
and secure manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, the closure and locking
of windows, doors, gates and any other opening of such size that may
allow people, animals, or wildlife to access the interior of the property.
Broken windows must be repaired or replaced within seven (7) days.
Boarding up of broken windows is prohibited except as a temporary
measure.
1.
It is the policy of the City that boarding up of a vacant property
is a temporary solution to prevent unauthorized entry into a vacant
building and that boarded buildings are a public nuisance. A vacant
structure may not remain boarded up for longer than three (3) months
unless an extension of that time is approved by the Building Official
in writing.
[Ord. No. 1499, 10-7-2019]
Every vacant parcel or property, as defined herein, shall be
required to be registered as a vacant residential structure according
to the requirements of this Chapter.
[Ord. No. 1499, 10-7-2019]
A.
Registration. The Building Official, or his or her designee, shall
be authorized to investigate any property that may be subject to registration
and, based on the findings of the investigation, may register the
property as a vacant residential structure.
B.
Notice Of Registration. Within five (5) business days of such registration,
the Building Official, or his or her designee, shall notify the owners
of the registered property by mail at their last known address according
to the records of the City of Pevely and Jefferson County. Such notice
shall include the registration form and shall include the following
information:
1.
A description of the property registered.
2.
A description of the housing code violations, evidence of vacancy,
and other related items and situations discovered by the Building
Official's investigation.
3.
The fact that an annual registration fee has been assessed to
the property.
4.
The amount of the annual registration fee.
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. The property owner may also request a reinspection of
the property and reconsideration of the assessment of the annual registration
fee. The Building Official may, upon receipt of a written request,
waive the assessment of the registration fee following the completion
of the property repairs.
D.
Appeal Of Registration And/Or Reconsideration To Municipal Court.
Within thirty (30) days of the date of such notification or within
thirty (30) days of the date of reconsideration by the Building Official,
the property owner may appeal the decision to the Pevely Municipal
Court.
[Ord. No. 1499, 10-7-2019]
A.
Amount Of Fee. There is hereby established and assessed an annual
registration fee in the amount of two hundred dollars ($200.00) imposed
on all properties 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 ensure
the annual registration fee is paid.
C.
Accrual Of Fee. The registration fee shall begin to accrue on the
beginning of the second calendar quarter after registration by the
Building Official or reconsideration by the Building Official; however,
in the event that an appeal is filed with the Pevely Municipal Court,
the registration fee shall begin to accrue on the beginning of the
second calendar quarter after the final decision of the Municipal
Judge or court of competent jurisdiction.
D.
Billing Procedures — Late Penalties. The City Clerk 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 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
fee remains unpaid.
E.
Failure To Pay Fee Unlawful. It shall be unlawful for any owner of property registered pursuant to this Chapter to fail to pay the registration fee imposed for such property. Any person found guilty of failing to pay any required fee shall be punished as provided in Section 100.220 of the Pevely Municipal Code.
F.
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 fees, interest, and penalties from
any person liable therefor and, in addition, may recover the cost
of such action, including reasonable attorney fees.
2.
Lien On Property. Any unpaid or delinquent fees, interest and/or
penalties, whether or not reduced to judgment, shall constitute a
lien or tax 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 Building Official from time
to time.
3.
Obtaining Permits 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 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 any
violations of any housing or other applicable code cited by the Building
Official have been cured and by presenting payment of all registration
fees and penalties.
5.
Notwithstanding the provisions of this Chapter, the City shall
retain the right afforded under relevant State Statute or local law
to declare a non-compliant vacant structure unsafe and/or a public
nuisance. The City may pursue whatever legal recourse afforded to
it by law, including, but not limited to, action to abate a public
nuisance or demolition of a dangerous and unsafe building.
