[Ord. No. 793, 6-24-2021]
A. 
Title. These regulations shall be known as the Abandoned/Vacant Property Registration of the City of Seymour, Webster County, Missouri, hereinafter referred to as "this Chapter."
B. 
Scope. The provisions of this Chapter shall apply to all existing residential and non-residential properties and all existing premises.
C. 
Intent. This Chapter shall be construed to secure its express intent, which is to provide requirements for abandoned and vacant residential and non-residential properties and premises.
D. 
Severability. If a Section, Subsection, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter.
[Ord. No. 793, 6-24-2021]
A. 
Generally. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this Chapter and any ordinance, regulation or requirement, the provisions of this Chapter shall apply. Where, in a specific case, different Sections of this Chapter specify different requirements, the most restrictive shall govern.
B. 
Existing Remedies. The provisions of this Chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and/or insanitary.
[Ord. No. 793, 6-24-2021]
A. 
Scope. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings shown in this Section.
B. 
Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
C. 
Terms Not Defined. Where terms are not defined through the methods authorized by this Section, such terms shall have ordinarily accepted meanings such as the context implies.
D. 
Defined Terms.
ABANDONED
A property that is vacant and is under a current notice of default and/or notice of trustee's sale, pending tax assessor's lien sale, or a property that has been the subject of a foreclosure sale where the title was retained by or transferred to the beneficiary of the deed of trust involved with the foreclosure, or a property transferred under a deed in lieu of foreclosure/sale.
ACCESSIBLE PROPERTY
A property that is accessible through a compromised, breached or broken gate, fence, or other entry point.
BENEFICIARY
A lender under a note secured by a deed of trust.
BUILDING OFFICIAL
The officer or other designated authority charged with the administration and enforcement of this Code, or a duly authorized representative.
CITY
The City of Seymour, Webster County, Missouri.
DAYS
Consecutive calendar days.
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.
DEED IN LIEU OF FORECLOSURE OR SALE
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.
DEFAULT
The failure to fulfill a contractual obligation, monetary or conditional.
DWELLING
A building, or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, multiple dwellings, mobile homes, house trailers, boarding and lodging houses, apartment houses, and apartment hotels, but not hotels, or motels.
EVIDENCE OF VACANCY
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 newspapers, 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, passersby, delivery agents or government employees that the property is vacant.
FORECLOSURE
The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt of the trustor (borrower) under deed of trust defaults.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
LOCAL
Within forty (40) road/driving miles distance of the subject property.
MORTGAGEE
The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and/or any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
NON-RESIDENTIAL PROPERTY
Any property used or intended to be used for anything other than residential property as defined herein.
NOTICE OF DEFAULT
A notice that a default has occurred under deed of trust as provided for in Section 408.554, RSMo.
OUT OF AREA
Excess of forty (40) road/driving miles distance of the subject property.
OWNER
Any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property; or recorded in the official records of the State, County, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
OWNER OF RECORD
The person having recorded title to the property at the point in time the record is provided by the Clay County Recorder's Office.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
PROPERTY
Any unimproved or improved real property, or portion thereof, located in the City of Seymour, including the buildings or structures located on the property regardless of condition.
REGISTERED REPRESENTATIVE
The person designated by a beneficiary/trustee or property owner as the beneficiary/trustee or property owner's representative for purposes of accepting notice, service, and summons on behalf of the beneficiary/trustee or property owner and for otherwise ensuring compliance with the requirements of this Chapter.
RESIDENTIAL PROPERTY
Any property that contains one (1) or more dwelling units used, intended, or designed to be occupied for living purposes.
RUBBISH
Combustible and non-combustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery and dust and other similar materials.
SECURING
Such measures as may be directed by the Building Official 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/padlocking of gates, the repair or boarding of doors, windows, or other openings.
STAGNANT WATER
Water in swimming pools and/or spas in which mosquitoes, flies, or other insects may multiply.
TRUSTEE
The person, firm, or corporation holding a deed of trust on a property.
TRUSTOR
A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
VACANT
A building, structure or premises that is not legally occupied.
[Ord. No. 793, 6-24-2021]
A. 
Abandoned Properties. Any beneficiary/trustee who holds a deed of trust on a property located within the City shall cause an inspection to be performed on the property that is the security for the deed of trust within fourteen (14) days of issuing a notice of default to the trustor; or any property that has been 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.
1. 
If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the Building Official of his or her designee on forms provided by the City.
2. 
The registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee and P.O. Box if applicable, a direct contact name and phone number of the beneficiary/trustee; the name, address, and telephone number of the local property management company, licensed with the City of Seymour, or registered representative responsible for the security, maintenance, and marketing of the property. Any changes of the information in the registration required hereunder shall be reported within ten (10) days of the change.
3. 
Abandoned properties shall remain subject to the annual registration, maintenance, and security of this Chapter as long as they remain abandoned.
4. 
Once the property is no longer abandoned or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Building Official or his or her designee.
B. 
Vacant Properties. Any residential property located within the City and not governed by Subsection (A) and that has been vacant for more than forty-five (45) days shall register said vacant property with the Building Official or his or her designee on forms provided by the City.
1. 
The registration shall contain the name of the property owner (corporation or individual), the direct street/office mailing address of the property owner and P.O. Box if applicable, a direct contact name and phone number of the property owner, the name, address, and telephone number of the local property management company, licensed with the City of Seymour, or registered representative responsible for the security, maintenance, and marketing of the property. Any changes of the information in the registration required hereunder shall be reported within ten (10) days of the change.
2. 
Vacant properties shall remain subject to the annual registration, maintenance, and security of this Chapter as long as they remain vacant.
3. 
Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Building Official or his or her designee on forms provide by the City.
[Ord. No. 793, 6-24-2021]
A. 
Generally. Abandoned/vacant properties subject to this Chapter shall be kept in compliance with the following maintenance requirements.
1. 
Abandoned/vacant properties shall be maintained in compliance with the City of Seymour's adopted Property Maintenance Code.
2. 
Abandoned/vacant properties shall be maintained so as to have no evidence of abandonment or vacancy.
3. 
Abandoned/vacant properties shall be maintained free of graffiti and tags by removal or painting over with an exterior paint that matches the color of the exterior of the structure.
B. 
Rubbish And Garbage. The exterior of all abandoned/vacant properties and premises shall be free from any accumulation of rubbish and garbage.
1. 
Upon failure of the owner or agent having charge of the property to remove any and all rubbish and garbage from the exterior property and premises after the service of a notice of violation, they may be subject to prosecution in accordance with Section 525.100 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and remove any and all rubbish and garbage thereon, and the cost of such removal and administrative fees shall be paid by the owner or agent responsible for the property. If not paid by owner or agent responsible for the property, the cost of such abatement and other associated costs shall be assessed on the owner's property tax notice.
C. 
Swimming Pools. All abandoned/vacant properties and premises that have a swimming pool and/or spa shall keep said swimming pool and/or spa free from stagnant water.
1. 
Upon failure of the owner or agent having charge of the property to maintain a swimming pool and/or spa free of stagnant water from the swimming pool and/or spa after the service of a notice of violation, they may be subject to prosecution in accordance with section 525.100 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and discharge the water from said swimming pools and/or spa and the cost of such removal and administrative fees shall be paid by the owner or agent responsible for the property. If not paid by owner or agent responsible for the property, the cost of such abatement and other associated costs shall be assessed on the owner's property tax notice.
[Ord. No. 793, 6-24-2021]
A. 
Generally. Abandoned/vacant properties subject to this Chapter 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, pet doors, and any other opening of such size that may allow a child to access the interior of any building or structure, or portion thereof.
B. 
Open/Abandoned Or Vacant Building Or Structure. Any building or structure, or portion thereof, which has broken window(s), door(s) kicked in, or open to or sign of unauthorized or unlawful entry, is hereby declared to constitute a nuisance.
1. 
Any building or structure, or portion thereof, that is inspected and is found to have broken window(s), door(s) kick in, or open to or signs of unauthorized or unlawful entry, will be posted giving the owner or agent having charge of the property seventy-two (72) hours to board-up or otherwise secure the property. The Director of Public Safety may request an expedited board-up, in writing, if the Director of Public Safety determines that the structure is an immediate threat to the public's safety, health, and welfare.
2. 
Upon failure of the owner or agent having charge of the property to board-up the abandoned/vacant building or structure, or portion thereof, after the posting of a notice of violation, they may be subject to prosecution in accordance with Section 525.100 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and board-up the abandoned/vacant building or structure, or portion thereof, and the cost of such work and administrative fees shall be paid by the owner or agent responsible for the property. If not paid by the owner or agent responsible for the property, the cost of such work and other associated cost shall be assessed on the owner's property tax notice.
C. 
Boarding Standard. Any building or structure, or portion thereof being boarded-up will be done in accordance with Appendix A of the 2012 International Property Maintenance Code.
[Ord. No. 793, 6-24-2021]
The requirements of this Chapter are in addition to any other maintenance and security measures required by the City's Code of Ordinances. The requirements of this Chapter shall not serve to lessen or abrogate any other applicable provisions of the City's Code of Ordinances.
[Ord. No. 793, 6-24-2021]
The City Building Inspector shall have the authority and the duty to inspect properties subject to this Chapter for compliance and to issue citations for any violations. The City Building Inspector shall have the discretion to determine when and how such inspections are to be made, provided that their policies are reasonably calculated to ensure that this Chapter is enforced.
[Ord. No. 793, 6-24-2021]
A. 
Registration. Failure to initially register with the City within the time frame required is punishable by a minimum fine of two hundred fifty dollars ($250.00).
B. 
Changes To Registration. Failure to report changes to registration information within time frame required is punishable by a minimum fine of two hundred fifty dollars ($250.00).
C. 
Annual Registration. Failure to register annually is punishable by a minimum fine of two hundred fifty dollars ($250.00).
D. 
Failure To Comply. Failure to comply with this Chapter or any order pursuant to this Chapter is punishable by the City condemning the property as a dangerous building and proceeding with demolition of all structures on said premises.
[Ord. No. 793, 6-24-2021]
A. 
Unlawful Acts. It shall be unlawful for any person, firm, or corporation to be in conflict with or in violation of any of the provisions of this Chapter.
B. 
Violation; Penalties. Any person who violates a provision of this Chapter or fails to comply with any order made thereunder, or any certificates or permits issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the Board of Appeal, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and non-compliance respectively, be guilty of a misdemeanor, punishable as provided for in Section 100.220 of this Code. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation(s) or defect(s) within a reasonable time; and, when not otherwise specified, each ten (10) days that a violation continues after due notice has been served shall be deemed a separate offense.