[Ord. No. 2022-1405, 5-16-2022]
A.
The
Town Council determines that the presence of vacant and abandoned
properties creates an element of neighborhood blight. It is recognized
that blight lowers property values, leads to deteriorating housing
conditions, undermines the quality of neighborhood life, negatively
affects the public health, safety, and general welfare, and can also
result in human injury and criminal activities. It is also determined
that vacant and unoccupied properties occupy an inordinate amount
of Town administrative and ordinance enforcement resources. As such,
the Town Council finds the prolonged presence of vacant and abandoned
properties to be unacceptable to the citizens of Carrollton.
B.
Registration
fees are reasonably related to and calculated to cover the administrative
costs for registering and processing the vacant real property owner
registration form and for the costs the Town may incur in monitoring
and inspecting the vacant or abandoned real property.
[Ord. No. 2022-1405, 5-16-2022]
As used in this Chapter the following terms shall have the meanings
indicated::
Any building, including an accessory building, including
buildings owned, operated, or subsidized by public or nonprofit agencies,
which:
Has been unoccupied for a period of at least ninety (90) consecutive
days; and
Which also meets at least two (2) of the following conditions:
Is unsecured;
Is fire damaged to an extent which prohibits safe human occupancy;
Is the site of loitering or vagrancy; or
Demonstrates a lack of property maintenance and upkeep as evidenced
by one (1) or more violations of the Town Codes;
Has been boarded up for at least ninety (90) days;
Has taxes in arrears to the Town for a period of time exceeding
three hundred sixty-five (365) days;
Has water and/or electricity that has been disconnected;
Is structurally unsound; or
Is a potential hazard or danger to persons.
A subordinate structure on the same premises as the main
structure, the use of which would be naturally and normally incidental
to that of the main structure, whether the main structure is an abandoned
structure or not, such as, but not limited to, a garage, barn or storage
shed.
The Town's Building Inspector or his or her designee.
Any person with a legal or equitable ownership interest in
the property.
A building which has all points of entry into the property
either:
[Ord. No. 2022-1405, 5-16-2022]
Owners of abandoned or vacant properties shall register such
abandoned or vacant properties with the Town and pay an administration
fee. Registration shall occur upon the property meeting the requirements
set forth in this Chapter, and in no event more than fifteen (15)
days after notice from the Town is received indicating that the property
is required to be registered. The owner shall have a duty to register
a property, whether the Town provides notice to the owner or not.
Registration of an abandoned or vacant property does not preclude
the Town from taking appropriate actions to secure the abandoned or
vacant property or to issue orders to repair or abate dangerous, hazardous
or unlawful conditions or from acting to eliminate an imminent hazard
to public health and safety.
[Ord. No. 2022-1405, 5-16-2022]
A.
For
each abandoned or vacant property, each owner shall register with
the Town and provide the following information on an abandoned or
vacant property registration form to be made available by the Town:
1.
The common name of the property, if any, and exact street address
of each property to be registered, including unit number and total
number of units on the property;
2.
The legal names of all owners of the property;
3.
The complete mailing address of all owners;
4.
Telephone numbers of each owner, including cellular phone numbers;
5.
Date of birth of all owners;
6.
If the property is owned by a corporation, limited liability company,
partnership, limited partnership, trust or real estate investment
trust, the name, address and phone number for the following individuals
or entities shall be provided:
a.
For a corporation, a corporate officer and the chief operating officer;
b.
For a partnership, the managing partner;
c.
For a limited liability company, the managing or administrative member;
d.
For a limited partnership, a general partner;
e.
For a trust, a trustee; or
f.
For a real estate investment trust, a general partner or an officer.
7.
The full name, address, telephone number, and email address of a
local agent or representative authorized by the owner to manage the
property. The local agent or representative shall be an individual
over the age of eighteen (18) years. For this Subsection, "local"
shall mean a person who resides within the Town of Carrollton or within fifty
(50) miles of the Town limits and may be one (1) of the owners. If
the local representative is not an owner, the owners shall provide
proof that the local representative is authorized to act on the owner's
behalf;
8.
The reason for the abandonment or vacancy of the property;
9.
The estimated length of time the property is expected to remain abandoned
or vacant; and
10.
Any plans for restoration. reuse or removal with an accompanying
timeline and work schedule.
B.
An
owner shall notify the Town and file an amended form within seven
(7) days of any change in the registration information required by
this Section.
[Ord. No. 2022-1405, 5-16-2022]
A.
An
owner of an abandoned or vacant property, whether registered or not,
shall pay a registration fee for the time during which such property
remains an abandoned or vacant property.
B.
The
Code Official shall investigate any property that may be subject to
registration. Based upon his or her findings, the Code Official may
register a property as an abandoned or vacant property subject to
this Chapter.
C.
Within
five (5) business days of such registration, the Code Official shall
notify the owners of the registered property by mail at their last
known address according to the records of the Town of Carrollton and
Carroll County, Missouri. Such notice shall state:
D.
Within
thirty (30) days of the date of the notice, the owner may complete
any improvements to the property that may be necessary to remove the
property from registration under this Chapter and may request an inspection
of the property and reconsideration of the levy of the registration
fee. Upon receipt of a written request for reconsideration of the
levy of the registration fee which sets out the reasons claimed by
the owner as to why the registration fee should be waived, the Code
Official may waive levy of the registration fee following timely compliance.
E.
Within
thirty (30) days of the date of such notification or within thirty
(30) days of the date of reconsideration by the Code Official, the
owner may appeal the decision to the Board of Building Code Enforcement.
The decision of the Board of Code Enforcement shall constitute a final
administrative decision pursuant to Chapter 536 of the Revised Statutes
of Missouri.
[Ord. No. 2022-1405, 5-16-2022]
A.
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 residential property registered under this Chapter. Commercial
property will be assessed at fifteen cents ($0.15) a square foot semi-annually.
B.
Owner
Responsible. It shall be the joint and several responsibilities of
each owner of property registered pursuant to this Chapter to pay
the semi-annual registration fee.
C.
Accrual
Of Fee. The registration fee shall begin to accrue on the beginning
of the second calendar quarter after registration by the Code Official
or reconsideration by the Code Official. If an appeal is filed with
the Circuit Court, registration fees shall continue to accrue and
be payable during the pendency of any such appeal.
D.
Billing
Procedures — Late Penalties. The Town shall cause to be mailed
to the owner of property registered under this Chapter, at the owner's
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.
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 100.240 of the Town's Code of Ordinances.
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 Town 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 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 against the property for which the fee was originally assessed
until the same shall be fully satisfied. The Town Clerk is authorized
to take all steps necessary to file and perfect such liens as may
be required or directed by the Code 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 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 Town 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 Town Codes and Ordinances cited by the Code Official
have been cured and presenting payment of all registration fees and
penalties.
5.
Sale Of Property. Upon a bona fide sale of the property to an unrelated
party, the lien on such property for the registration fees shall be
considered released and the delinquent registration fee forgiven.
[Ord. No. 2022-1405, 5-16-2022]
A.
All
abandoned or vacant properties must be secured upon qualifying as
an abandoned or vacant property, or upon notice that the building
must be registered as an abandoned or vacant property, or upon order
of the Code Official or his or her designee.
1.
A Town order to secure an abandoned or vacant property shall be complied
with by the owner within seventy-two (72) hours. If the property is
not secured within that time period, the Town shall secure the property
and bill the owner for all costs incurred, including service fees
and administrative costs. The amount so billed may be assessed as
a lien against the property and shall also be a personal debt against
the owner of the abandoned or vacant property.
2.
If any abandoned or vacant property secured by the Town subsequently
becomes unsecured, the Town shall be permitted to re-secure the property.
The costs of re-securing the property shall be assessed against the
owner as a lien against the property and shall also be a personal
debt against the owner of the abandoned or vacant property.
3.
Clear polycarbonate sheeting or its equivalent shall be placed over
all points of entry on an abandoned or vacant property such that all
exterior openings suitable for animal or human entry are secured as
follows:
a.
On all first story and ground accessible points of entry, the property
shall be secured by use of clear polycarbonate sheeting or its equivalent,
of approved thickness, cut to the size of the opening and secured
using an appropriate mounting system; and
b.
On entry points being secured above the first story or where not
accessible from ground level, such property shall be secured by use
of clear polycarbonate sheeting or its equivalent of approved thickness,
cut to the size of the opening and secured using an appropriate mounting
system.
4.
The property registered shall be kept free of trash, junk, debris,
weeds, dry brush, dead vegetation, 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 or vacant.
[Ord. No. 2022-1405, 5-16-2022]
If the owner has failed to secure a property and it has been
secured by the Town, the Town may enter or reenter the property to
conduct necessary inspections to ensure compliance with the requirements
of this Chapter and to determine if there are any emergency or hazardous
conditions.
[Ord. No. 2022-1405, 5-16-2022]
No abandoned or vacant property shall be reoccupied until inspected
and found to be in full compliance with all applicable Town Codes
and a certificate of occupancy is issued by the Town.
[Ord. No. 2022-1405, 5-16-2022]
Notice of all nuisance, housing, building and related Code violations
shall be provided, in writing, to the owner and thereafter, it shall
become the owner's responsibility to bring an abandoned or vacant
property into compliance with the Town's Codes and ordinances. If
the owner sells, transfers, or conveys the property, the new owner
shall not be entitled to any extension of time to correct or address
violations that existed at the time the property was sold, transferred,
or conveyed.
[Ord. No. 2022-1405, 5-16-2022]
A.
A person who fails to comply with the requirements of this Chapter is guilty of an ordinance violation and shall be punished as provided in Section 100.240 of the Town's Code of Ordinances.
B.
In
addition to any other penalties provide by this Chapter, the Town
may enforce this Chapter by a suit for an injunction.
C.
Prior
to charging any person with violating the registration requirements
in this Chapter, the Code Official shall notify the owner of the violation
and give the owner ten (10) days to register the abandoned or vacant
property. If the owner registers the property within the said ten
(10) days, then this shall be a complete defense to the charge of
failure to register.
