[Ord. No. 14.525 (2729), 4-4-2019[1]; Ord. No. 14.541 (Bill No. 2761), 12-19-2019[2]; Ord. No. 14.559 (Bill No. 2832), 7-21-2022[3]]
It is the finding of the City Council 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 Article is to establish a program for identifying,
registering and monitoring such foreclosing and/or vacant properties,
to set forth the responsibility of all persons with any interest in
such properties, including mortgagees, lenders, trustees and service
companies, and to speed the rehabilitation and re-occupation of such
properties.
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
City may incur in monitoring and inspecting the vacant or abandoned
real property.
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
For purposes of this Article the following words and phrases
shall have the following meanings, except where the context clearly
indicates a different meaning:
Any real property where the owner has surrendered, relinquished
or given up rights to the real property with the intention of not
reclaiming it; or
Any real property that is vacant and is under a current notice
of default or notice of trustee's sale and is not currently being
offered for rent, lease or sale by the owner. Evidence of being currently
offered for rent, lease, or sale shall be by a sign posted on the
subject property advertising the property for rent, lease, or sale
with contact information and current phone number or an active listing
in an electronic database accessible to City staff; or
Real property that has been the subject of a foreclosure sale
where the title was retained by the beneficiary involved in the foreclosure
and any real property transferred under a deed in lieu of foreclosure.
A person, corporation, limited liability company or other
legal entity having charge, care or control of any real property as
agent of the owner, or as personal representative, trustee, guardian
or conservator of the estate of the owner.
As used in this Article, shall refer to the City of Arnold
Code of Ordinances, the International Building Code, the International
Property Maintenance Code, and the International Residential Code
as adopted by the City.
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
doors, absence of, or condition of, personal belongings on the property,
habitation by vagrants/transients/trespassers, lack of marketing for
purposes of selling or renting property, etc.
When a property, residence, or structure is being lived in
or used in a manner consistent with its intended use.
The person, persons, partnership, corporation, beneficiary,
trustee, or other legal entity that holds legal title to any real
property.
All land and structures affixed to or built thereon.
Includes real property owners, mortgagees, lenders, trustees,
or any other party with legal interest in the real property, and their
authorized representatives or agents.
A form completed by the owner of a vacant structure or the
owner's authorized representative, which contains specific information
regarding the structure and the owners' plans for rehabilitation,
maintenance, demolition and/or removal.
Any physical object or edifice that is built or installed
and is located on and affixed to the land. The term "structure" shall
include any part of a structure.
The person, firm, corporation or other legal entity holding
a deed of trust secured by real property.
A parcel of real property that does not have a primary structure
built thereon.
A building or structure that is not legally occupied as required
by the Code.
Any free standing residential real property that has not been
legally occupied for one hundred eighty (180) days.
Any free standing commercial or industrial real 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 eighty (180) days.
A multi-family residential building or structure containing
five (5) or more dwelling units when eighty percent (80%) of the dwelling
units are unoccupied.
The maintenance standards, to which the vacant structures
are subject under this Article, are set forth in the Arnold Health
and Sanitation Code, the Arnold General Nuisances Code, the International
Property Maintenance Code as adopted by the City Council, all other
applicable Chapters of the Arnold Code of Ordinances, including, but
not limited to the Building and Zoning Ordinances of the City, as
amended from time to time, and all standards contain within this Article.
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
The owner(s) of all real property, or the authorized representative
of owner, shall register said real property with the Building Commissioner
or designee within fourteen (14) calendar days after the real property
meets the definition contained in this Article for or becomes classified
by the City, based upon evidence of vacancy, as vacant or abandoned.
B.
Owners required to register real property pursuant to this Article
shall submit a copy of a State-issued identification or other valid
proof of identification and provide the following information on a
form provided by the Building Commissioner:
1.
The address of the real property.
2.
The name, address, and all telephone numbers of the owner(s).
3.
A mailing address where correspondence may be sent, if different
from the property address, where such correspondence will be acknowledged
as received by the owner(s). If certified mail/return receipt requested
is sent to the address and the mail is returned marked "refused" or
"unclaimed," or if ordinary mail sent to the address is returned for
whatever reason, then such occurrence shall be prima facie proof that
the owner has failed to comply with this requirement.
4.
The names and addresses, telephone numbers, fax numbers, and
email address (if known) of all lien holders and all other parties
with an ownership interest in the real property.
5.
The name, address, telephone number, fax number, and email address
(if known) of the person, firm, or corporation responsible for the
care and control of the real property. Such person may be the owner
if the owner is an individual, or may be an authorized representative
as defined in this Article. If certified mail/return receipt requested
is sent to the address and the mail is returned marked "refused" or
"unclaimed," or if ordinary mail sent to the address is returned for
whatever reason, then such occurrence shall be prima facie proof that
the owner has failed to comply with this requirement.
6.
Permission granting to the City of Arnold access to all exterior
areas of the real property for inspection purposes.
7.
Completed Statement of Intent form setting forth the following:
a.
The expected period of vacancy (including the date of initial
vacancy);
b.
The plan (including timeline) for regular maintenance during
the vacancy to comply with the vacant structure maintenance standards
of this Article and all of the applicable Property Maintenance, Building
and Zoning Codes of the City;
c.
A plan and time line for the lawful occupancy, rehabilitation,
removal or demolition of the structure;
d.
Measures/plans (including timelines) to be taken to ensure that
the structure will be kept weather tight and secure from trespassers
and that it will be safe for entry by Police Officers, firefighters
and code or building inspectors in time of exigent circumstances or
emergency as well as at times of reasonable inspection;
e.
Measures (and timeline) to be taken to assure that the premises
remain free from nuisance conditions and in good order in conformance
with the vacant structure maintenance standards;
f.
A list all persons authorized to be present in the structure;
and
g.
Notices of trespass to the Police authorizing the arrest for
trespass of individuals not on the above list.
C.
The Owner shall, within fourteen (14) calendar days of registering
the property, complete the removal of all:
1.
Combustible materials from the structure in compliance with
the applicable fire regulations;
2.
Waste, rubbish or debris from the interior and exterior of the
structure; and
3.
Excessive vegetation, including grass in excess of eight (8)
inches from the yard(s) surrounding the vacant structure in accordance
with City ordinances.
4.
Secure all windows, doors, and other openings in the structure
to prohibit entry by unauthorized persons as provided in the ordinances
of the City.
D.
If at any time the information contained in this registration is
no longer valid or has changed, the owner or authorized representative
has fourteen (14) calendar days to file an amended registration form
containing the current information. There shall be no fee required
to update the current owner's information.
E.
Obligation To Renew Registration And Continue To Satisfy The Requirements
Of This Article.
1.
The owner(s) of all real property, or the authorized representative
of owner, shall renew registration of said real property with the
Building Commissioner or designee based upon the renewal schedule
contained in this Article.
2.
The obligations of the Owner are continuing obligations which
are effective throughout the time of the structure's vacancy, as that
term is defined in this Article.
F.
Exceptions, Registration.
1.
Single family homes or owner occupied two-family properties
that have been used as a residence by the owner for a period of at
least five (5) months within the previous twelve (12) months and the
owner intends to resume residing at the property, and for those properties
which are under active, ongoing rehabilitation or reconstruction and
have a building permit from the City. It shall be the responsibility
of the owner to demonstrate the applicability of this exception to
the City in order to qualify therewith.
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
The real property subject to this Article 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 weeds, grass 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 real property is abandoned.
B.
All visible front and side 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 weeds, 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.
Real properties subject to this Article shall be maintained in a
weather-tight 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 it may allow people, animals, or wildlife to access the
interior of the real 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 six (6) months
unless an extension of that time is approved by the Building Commissioner,
in writing.
E.
If the real property is owned by a corporation and/or a beneficiary,
trustee, or if the owner is located more than fifty (50) miles away,
the corporation, beneficiary, trustee, or owner shall designate a
local authorized representative who will be responsible to maintain
the real property in compliance with the provisions of this Article.
A local authorized representative must be located within a fifty (50)
mile radius of the City of Arnold and be available during a majority
of the working week (Monday through Friday, 8:00 A.M. to 5:00 P.M.).
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
It shall be the responsibility of the owner or owner's authorized
agent to maintain liability insurance on all vacant and registered
properties under their control. Proof of evidence of such insurance
shall be filed with the City. Minimum insurance amounts are as follows:
1.
Residential properties of one (1) or two (2) units: two hundred
fifty thousand dollars ($250,000.00).
2.
Residential properties of three (3) or more units: five hundred
thousand dollars ($500,000.00).
3.
Commercial, manufacturing, storage or any nonresidential property:
one million dollars ($1,000,000.00).
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
The owner of a vacant or abandoned real property shall pay a fee
of fifty dollars ($50.00) per real property for the initial twelve-month
registration of the property no later than fourteen (14) calendar
days after the real property meets the definition contained herein
for or becomes classified by the City, based upon evidence of vacancy,
as vacant or abandoned.
B.
The fee for renewing the vacant property registration shall be fifty
dollars ($50.00) and shall cover a period of six (6) months following
renewal and shall continue at the same rate for one (1) additional
six-month renewal period for a total of twelve (12) months.
C.
If a property remains in foreclosure, abandoned or vacant beyond
twenty-four (24) months (e.g., initial registration period plus two
(2) renewal periods), the following may apply based on continuing
and/or increased enforcement-related activities and administrative
costs:
1.
An increased renewal registration fee of one hundred dollars
($100.00) per six-month period that such properties remain in foreclosure,
abandoned or vacant.
2.
A fine of not less than fifty dollars ($50.00) per month for
properties that are vacant for at least three (3) years and thereafter.
3.
This renewal registration fees and monthly fines schedule are
intended to run with the land not with the Owner, such that the twenty-four
(24) months do not begin again if a new Owner or other party becomes
involved with the property.
D.
All fees and penalties required by this Article shall be paid in
full prior to the issuance of any building or occupancy permit. All
delinquent fees and penalties shall be paid in full prior to any transfer
of an ownership interest in any vacant or abandoned real property.
If a transfer occurs prior to the payment of any outstanding fee or
penalty, the new owner shall accept responsibility for payment of
all delinquent fees; and, shall make payment no later than thirty
(30) days after the transfer of ownership and subsequent semi-annual
fees shall be due fourteen (14) calendar days after each successive
six-month period.
E.
Payment of the applicable registration fee(s) does not relieve or
exempt the Owner or other Person from paying any and all fines, penalties,
costs or other such charges assessed for non-compliance with property
maintenance standards or other code provisions in this Article or
elsewhere in the City's ordinances.
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A.
This Article shall be enforced by the Building Commissioner or designee.
B.
Any owner or responsible party that fails to comply with the registration requirements of this Article shall be subject to the general penalty provisions as provided Section 100.140 of the Code of Ordinances of Arnold Missouri.
C.
Notwithstanding the provisions of this Article, the City shall retain
the right afforded under relevant State 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 an action
seeking the demolition of a dangerous and unsafe building.
[Ord. No. 14.525 (2729), 4-4-2019; Ord.
No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
Every responsible party with respect to any vacant property
shall be jointly and severally liable with every other responsible
party for the obligations set forth in this Article. All fees, costs
and charges assessed or incurred by the City shall constitute a lien
on the real estate upon which such vacant structure is situated.
