[Ord. No. 848, 10-6-2020]
A.
Purpose
And Scope.
1.
The Board of Aldermen finds that the continuation of properties that
are vacant and in disrepair have a negative effect on the community
as a whole, including decreasing property values, reducing the quality
of life, promoting crime, and negatively affecting the health and
welfare of the community. Further, the Board finds that the property
owners, which cause these effects, should be required to pay a portion
of the costs of these effects to the community.
2.
It is the purpose of this Section to provide for the effective monitoring
and routine inspection of vacant buildings and structures that, due
to Housing Code violations, may endanger the life, health, property,
safety or welfare of the general public and this Section shall apply
to all residential structures that have been vacant for more than
six (6) months and that are subject to Housing Code violations.
B.
HOUSING CODE
RESIDENTIAL STRUCTURE
Definitions.
The following words and phrases, when used in this Section, shall
have the meanings respectively ascribed to them:
The Housing Code will consist of the Cities currently adopted
International Building Codes, fire, health, property maintenance,
nuisance or other ordinances, which contains standards regulating
the condition or maintenance of residential buildings.
A structure designed primarily to residential use, whether
classified as residential or commercial and regardless of the number
of dwelling units contained within such structure.
C.
Registration
Requirement.
1.
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 the violation of the Housing Code
shall be registered as a vacant residential structure and shall be
subject to the registration fee.
2.
The Building Inspector or his/her designee shall periodically survey
the buildings within the City to determine if any are subject to the
provisions of this Section.
D.
Designation
Of Vacant Residential Structures.
1.
Registration. The Building Inspector or his/her designee shall investigate
any property that may be subject to registration. Based upon his/her
findings, the inspector may register the property as a vacant residential
structure to this Section.
2.
Notice Of Registration. Within five (5) business days of such registration,
the City Clerk shall notify the owners of the registered property
by mail at their last known address according to the records of the
City and Johnson County. Such notice shall state:
a.
A description of the property registered;
b.
A description of the Housing Code violations found on the property;
c.
The fact that a semi-annual registration fee has been levied on the
property;
d.
The amount of the semi-annual registration fee;
e.
A correction order listing the issues that have been found on the
property;
f.
Inform the property owner of the right to appeal;
g.
A statement of the right of the City to place a lien; and
h.
A statement about the right to post a copy of the registration on
the premises.
E.
Appeal
Of Fee And/Or Reconsideration To Municipal Court. Within thirty (30)
days of the date of such notification, the property owner may appeal
the decision to the office of the Municipal Court for the City.
F.
Registration
Fee.
1.
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 Section. Such fee shall be
due and payable upon the notice that the property is required to register
and shall be again due and payable each subsequent January 1st and
June 1st of each year.
2.
Owner Responsible. It shall be the joint responsibility of each owner
of property registered pursuant to this Section to pay the semi-annual
registration fee.
G.
Accrual
Of Fee. The registration fee shall begin to accrue on the beginning
of the second (2nd) calendar quarter after registration by the inspector
or reconsideration by the inspector; however, in the event that an
appeal is filed with the Municipal Court, the registration fee shall
begin to accrue on the beginning of the second (2nd) calendar quarter
after the final decision of the Municipal Judge or court of competent
jurisdiction.
H.
Billing
Procedures — Late Penalties. The City Collector and/or the City
Clerk shall cause to be mailed to the owner of property registered
under this Section, at his/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 fee remains unpaid.
I.
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 therefore and, in addition, may recover the costs
of such action, including reasonable attorney fees.
2.
Lien On Property. Any unpaid or delinquent fee, interest and/or penalties,
whether or not reduced to judgment, shall constitute a lien 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 inspector from time to time.
3.
Obtaining Permits Prohibited. In addition to any other penalties
provided by law, if an owner fails to pay the 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 the violations
of the applicable Housing Code cited by the inspector have been cured
and presenting payment of all registration fees and penalties.
5.
Upon bona fide sale of the property to an unrelated party said lien
shall be considered released and the delinquent registration fee forgiven.
J.
All
previous ordinances, or portions of ordinances, in conflict with this
Section are repealed to the extent of such conflict.
