Article VII: Vacant Residential Property Registration

Means 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.

DIRECTOR

Means the Director of Community Development or his or her designee.

OWNER

Means any person with a legal or equitable ownership interest in the structure.

SECURED

Means a building which has all points of entry into the structure either:

(a)

Closed by use of windows and doors which are in proper working order, intact, without holes, broken elements, and are locked; or

(b)

Secured by sheeting approved for exterior conditions of a neutral color.

Section 6-62 Registration required.

[Ord. 4624, §1]

Owners of abandoned residential structures shall register such properties with the City and pay an administration fee. Registration shall occur upon the building meeting the requirements set forth in this article, and in no event more than fifteen (15) days after notice by the City that the property is required to be registered. The duty to register an abandoned structure shall not require prior notice to the owner by the City. Registration of an abandoned structure does not preclude the City from taking appropriate actions to secure the 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.

Section 6-63 Registration information

[Ord. 4624, §1]

(a)

For each abandoned residential structure each owner shall register with the City and provide the following information on an abandoned structure registration form available from the City:

(1)

The common name of the property, if any, and exact street address of each dwelling to be registered, including unit number and total number units in the dwelling;

(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 cell phone and mobile 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 of the any following shall be provided:

For a corporation, a corporate officer and the chief operating officer;

For a partnership, the managing partner;

For a limited liability company, the managing or administrative member;

For a limited partnership, a general partner;

For a trust, a trustee; or

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 handle the affairs of the property. The local agent or representative shall be an individual over the age of eighteen (18) years. For the purpose of this subsection, "local" shall mean a person who resides within Phelps County 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 vacancy of the property;

(9)

The estimated length of time the property is expected to remain vacant; and

(10)

Any plans for restoration, reuse or removal with an accompanying timeline and work schedule

(b)

An owner shall notify the City and file an amended form within seven (7) days of any change in the registration information required by this section.

Section 6-64 Registration.

[Ord. 4624, §1]

(a)

An owner of an abandoned structure, whether registered or not, shall pay an abandoned structure registration fee, the amounts of which shall be two hundred dollars ($200.00) for each six (6) months, prorated for the time during which such structure remains an abandoned structure.

(b)

The Director shall investigate any property that may be subject to registration. Based upon his findings, the Director may register property as a vacant residential structure subject to this article.

(c)

Within five (5) business days of such registration, the Director shall notify the owners of the registered property by mail at their last known address according to the records of Phelps County. Such notice shall state:

(1)

A description of the property registered;

(2)

A description of the abandoned building criteria found on the property;

(3)

The fact that a semi-annual registration fee has been levied on the property; and

(4)

The semi-annual registration fee of two hundred dollars ($200.00)

(d)

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 under this article 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 property owner as to why the registration fee should be waived, the Director may waive levy of the registration fee following timely compliance.

(e)

Appeal of registration and/or reconsideration to Municipal Judge. Within thirty (30) days of the date of such notification or within thirty (30) days of the date of reconsideration by the Director, the property owner may appeal the decision to the Municipal Judge. The decision of the Municipal Judge shall constitute a final administrative decision pursuant to RSMo 536.

Section 6-65 Registration fee.

[Ord. 4624, §1]

(a)

Amount of fee. There is hereby established and assessed a semi-annual fee in the total amount of two hundred dollars ($200.00) imposed on all owners of property registered under this article.

(b)

Owner responsible. It shall be the joint and several responsibilities of each owner of property registered pursuant to this article 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 Director or reconsideration by the Director; however, in the event that an appeal is filed with Circuit Court, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the final decision of the Circuit Judge or court of competent jurisdiction.

(d)

Billing procedures—Late penalties. The Finance Department shall cause to be mailed to the owner of property registered under this article, 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.

(e)

Failure to pay fee unlawful. It shall be unlawful for any owner of property registered pursuant to this article 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 the City 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 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 City Clerk is authorized to take all steps necessary to file and perfect such liens as may be required or directed by the Director 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 City Code cited by the Director has been cured and presenting payment of all registration fees and penalties.

(5)

Sale of property. Upon 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.

Section 6-66 Securing residential structures.

[Ord. 4624, §1]

All abandoned residential structures must be secured upon qualifying as an abandoned structure, or upon notice that the building must be registered as an abandoned structure, or upon order of the Director of Community Development or his or her designee.

(a)

A City order to secure an abandoned property shall be complied with by the owner within seventy-two (72) hours. If the securing has not been completed or does not comply with the requirements for securing the structure under this chapter, the City shall secure the structure and the City shall bill the owner of record for all costs incurred, including service fee 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 property.

(b)

If any structure previously ordered secured and then subsequently secured by the City shall thereafter become unsecured without the consent of the City, the City shall re-secure the structure. The costs of re-securing the structure 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 property.

(c)

Sheeting approved for exterior conditions of a neutral color shall be placed over all points of entry on an abandoned structure such that all exterior openings suitable for animal or human entry are secured.

Section 6-67 Right of entry and inspection.

[Ord. 4624, §1]

If the owner has failed to secure a property and it has been secured by the City, the City may enter or reenter the structure to conduct necessary inspections to ensure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions.

Section 6-68 Reuse and occupancy.

[Ord. 4624, §1]

No abandoned structure shall be reoccupied until inspected and found to be in full compliance with all applicable City codes and a certificate of occupancy is issued by the City.

Section 6-69 Responsibility for violations.

[Ord. 4624, §1]

All nuisance, housing, building and related code violations will be cited and noticed to the owner of record and shall become the owner's responsibility to bring in compliance. If the owner sells or otherwise disposes of the property to another party, the new owner shall not be entitled to any extension of time to correct or address such violations as existed at the time of sale, transfer or conveyance of the property.

Section 6-70 Penalty.

[Ord. 4624, §1]

(a)

A person who fails to comply with the requirements of this article is guilty of an ordinance violation and shall be subject to a fine of not more than five hundred dollars ($500.00) or up to ninety (90) days in jail, or both, for each offense.

(b)

In addition to any other penalty provided, the City may enforce this article by a suit for an injunction.

(c)

Prior to charging any person with violating the registration requirement in Article VIII, the City Clerk shall notify the accused of the violation and give the accused ten (10) days to register, if the accused shall register within the said ten (10) days then this shall be a complete defense to the charge of failure to register.