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BILL NO. 90-47 AMENDED r
SPONSORED BY COUNCILMAN SCHEULEN
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER °-
21, NUISANCES, OF THE CITY OF JEFFERSON, MISSOURI, BY THE ADDITION
OF ARTICLE IV, REGISTRATION OF NON-RESIDENT PROPERTY OWNERS.
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BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS: G:
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Section 1. Chapter 21, Nuisances, of the Code of the City of
Jefferson, Missouri, is amended by the addition of Article IV, t
Registration of Non-Resident Property Owners, which shall read as
follows:
ARTICLE IV. REGISTRATION OF NON-RESIDENT PROPERTY OWNERS y�
Bee. 21-56. Registration Required.
Every owner of any vacant parcel of land or building or
structure designed or used in whole or in part as a dwelling or of
any nonresidential property or of any junkyard or car lot who does
not reside within the City of Jefferson or who has been the
subject of a complaint related to the condition of property shall
file a registration statement with the Director of Planning and
Code Enforcement in accordance with the provisions of this code. '
In addition if the property is owned by more than one individual, `y
except in the case of tenancy by the entirety, the owners shall
file a registration statement.
This registration requirement shall not apply to:
(a) Any sole owner who residing within the city's corporate
limits; " 1
(b) Any governmental entity, any public authority or any
quasi-public, nonprofit corporation engaged in housing
development management or operation under contract with
a governmental entity.
Sec. 21-57. Appointment of agent required.
Each and every owner required to file a registration
statement shall also appoint and register an agent who will be
authorized to receive on behalf of the owner service of any
notice, order or summons issued because of a violation of this
code, including the additional requirements incorporated into this
code by sections 21-56 through 21-67 . Such agent must be an
individual over the age of eighteen (18) years and must reside
within the city or customarily and regularly attend a business
office located within the city. A partner, associate or corporate
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principal who meets these qualifications may be designated and
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registered as the agent.
Sea. 21-58. Time to file registration statement.
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The registration statement required by Section 21-56 shall be
filed by each and every owner: `
' (a) Within ninety (90) days of the effective date of this
article for any building or structure owned as of the
effective date; $u
(b) Within ten (10) days after an owner, who is an
individual, moves outside the city's corporate limits; ;s
si (c) Prior to the issuance of a certificate of occupancy Y
required by Chapter 8, building code, or by this code;
and
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` (d) Within such time as provided in Section 21-60 in the i
case of a change of ownership.
Sec. 21-59. Contents of registration statement. '
The registration statement shall include the following ''
information:
(a) An identification of the premises by the street numbers
and names of all streets contiguous to the building or
structure, where such exist, or by parcel identification
number provided by the appropriate county assessor's
office.
(b) An identification of the owner by name, residential
address and business address. If the owner is a
corporation or a partnership, the identification shall
include the name and address of such corporation or
partnership, together with the names, residential
+' addresses and business addresses of three (3) principals
or partners. If the owner is under the age of eighteen
(18) years or has been judicially declared incompetent,
the owner's legal representative shall file the
registration statement.
(c) The name, residential address and business address of an
f agent designated by the owner to receive service of any
notice, order or summons issued because of a violation
of this code.
(d) The signatures of the owner, an officer if the owner is
a corporation, or a partner if the owner is a
partnership, and the registered agent. The registered
agent's signature shall indicate consent to the agency.
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.xr The registration statement shall be filed on forms to be
provided by the director.
Each owner who has previously filed a registration statement
shall file an amended registration statement for all future
acquired or additional property required to be registered under
this code.
Sec . 21-60. Change of ownership.
f: (a) When any owner required to register by Section 21-56
' conveys title to the premises to another, the owner conveying
title shall, on the day of such transfer, notify the director by
certified mail of the name, residential address and business
address of the new owner, or, if the new owner is a corporation,
of the name and address of such corporation. If required to
register, the new owner shall file a registration statement in
accordance with Section 21-58 no more than ten ( 10) days from the
date of taking title. The failure of a new owner to file such
registration statement shall not impair the validity of title.
(b) When the ownership of the premises changes by operation
of law, the new owner, if required to register, shall file a
registration statement in accordance with Section 21-56 not more
than ten ( 10) days from the date the title passed to him.
(c) An executor or administrator of a decedent's estate
' ► which includes real property located within the city shall file a
registration statement in accordance with Section 21-56 not more
than ten ( 10) days from the date of appointment.
Sec. 21-61 . Change of address or corporate ownership.
p An owner who is required to register under this chapter shall
inform the director in writing, by certified mail, of a change of
j: address of the owner, a change of address of the registered agent,
a change in the list of officers of the owner corporation, or
partners of the owner partnership, or a change of address of any
of such listed officers or partners, within five (5) days of that
change.
: Sec. 21-62 . Change of registered agent.
' A. The owner may terminate the designation of a registered
agent at any time by filing with the director notice of such
termination. A qualified successor shall be designated by the
owner within ten ( 10) days after notice of such termination, and
the owner shall file within the same time a new registration
statement designating the successor registered agent.
B. The registered agent may terminate the agency by filing
with the director a copy of the written termination notice on the
owner. Such termination shall not become effective until ten ( 10)
days after the filing of such notice with the director. The
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termination notice shall set forth the identification of the
premises and the name and address of the owner, together with an
affidavit or proof of service upon the owner. Service of such
termination notice upon the owner may be made by delivery of a ,
a copy personally to the owner or any partner if the owner is a ,
partnership, or by registered mail to the address of any owner,
principal or partner as set forth in the registration statement. ,
Prior to the effective termination date, the owner shall file with
the director a registration statement designating a qualified
successor.
C. If the designation of a registered agent shall cease to
be effective as a result of death or judicial declaration of
incompetence of the agent or the agent's removal from the city,
the owner' shall .file a new registration statement with the '
director within ten (10) days thereafter designating a qualified
successor. A:
D. If an owner fails to designate a registered agent or
replace a registered agent whose agency has terminated, the owner ,
shall be deemed to have appointed the director as his agent to 4-
accept service of any notice, order or summons issued because of
a violation of this chapter. The director shall thereupon mail a
copy of such notice, order or summons by certified mail, return _
receipt requested, to the last-known address of the owner and post
a copy of such notice, order or summons in or about the premises '
described in the same.
' Sec. 21-63. Lease of an entire building or structure.
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Whenever an entire building or structure is leased, the
registration requirements of section 21-56 shall apply to the
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lessee of the entire building or structure in the same manner as
they apply to the owner. If required to file a registration }
statement by section 21-56, such a lessee shall file registration
statements in accordance with all the provisions of this code.
The owner and lessee may designate the same registered agent.
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Sec. 21-64. Registration statement as prima facie evidence.
A. The current registration statement shall be deemed prima
facie proof of the statements contained therein in any action or
proceeding instituted by the city against the owner, lessee of an
entire building or structure or a registered agent.
Sec. 21-65. Voluntary registration of mortgagees and lienors.
=w Any mortgagee or lienor desiring copies of any notices,
orders or summonses issued with respect to premises in which the
r-` mortgagee or lienor claims a security interest may register with
the director by filing a form to be prescribed by the director
which sets forth the following information:
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(a) The name and mailing address of the mortgagee or the
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lienor; and
(b) A description of the premises in the manner required by
section 21-59.
} This notice is offered as a courtesy and shall establish no
duty or obligation on the City nor shall it be construed as a
k requirement in any proceedings to enforce other provisions of this
Article. 4
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Sec. 21-66. False statements.
A. Every registration statement filed with the director
shall be signed by the person required or authorized to submit
such registration statement.
B. Any person who signs a registration statement shall '
certify that all statements contained. therein are true and
correct.
C. Any person signing a registration statement who makes any
false statement therein as to any material matter shall be guilty
of a violation of the provisions of this code.
Sec. 21-67 . Violations and penalties; assessment of additional
costs.
A. Any person who fails to file a registration statement,
amendment or other statement required by this code or violates the t;
provisions of section 21-56 shall be subject, upon conviction, to
a penalty consisting of a fine of not less than one hundred
dollars ($100. 00) but not more than five hundred dollars ($500. 00)
and may, in addition to such fine, be punished by imprisonment of
not more than one hundred eighty (180) days. Each and every day
shall constitute a separate offence.
B. Whenever any person shall be found guilty of a violation
of this section in a proceeding instituted in the municipal
division of the Cole County Circuit Court, the court shall assess
therein as additional costs a sum of twelve dollars ($12.00) to be
assessed in addition to service costs, witness fees and jail costs
otherwise authorized to be assessed.
Passed T�_ Approved h? S a
Officer Mayor
jATTE T. i
City Clerk
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