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HomeMy Public PortalAboutORD15689 BILL NO. 2017-32 SPONSORED BY Councilman Henry ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 (BUILDING REGULATIONS), ARTICLE VIII (ABANDONED BUILDINGS), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON MISSOURI, AS FOLLOWS: Section 1. Chapter 8 (Building Regulations), Article VIII, (Abandoned Buildings) of the Code of the City of Jefferson, Missouri, is hereby amended as follows: ARTICLE VIII. ABANDONED BUILDINGS Sec.8-150. Findings. The City Council determines that the presence of vacant and abandoned structures 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,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 structures occupy an inordinate amount of City administrative and ordinance enforcement resources. As such,the City Council finds the prolonged presence of vacant and abandoned structures to be unacceptable to the citizens of Jefferson City. See.8-151. Definitions. As used in this chapter: A. "Abandoned structure"means any building which,including an accessory building,which: 1. has been unoccupied for a period of at least ninety(90)consecutive days;and 2. which also meet at least two of the following conditions: a) not secured;or b) Is fire damaged to an extent which prohibits safe human occupancy;or C) Is the site of loitering or vagrancy;or d) Demonstrates a lack of property maintenance and upkeep as evidenced by one or more violations of the City Code;or e) Has been boarded up for at least ninety(90)days;or 0 Has taxes in arrears to the City f6r a period of time exceeding 365 days;or g) Has water and/or electricity that has been disconnected;or h) Is structurally unsound;or i) Is a potential hazard or danger to persons. B. "Accessory building" means a subordinate structure on the same premises as the main structure,the use of Bill 2017-32—Page 1 Editor's note:Deleted language shown thtis.Added language shown thus. 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. C. "Owner"means any person with a legal or equitable ownership interest in the structure. D. "Secured"means a building which has all points of entry into the structure either: 1. Closed by use of windows and doors which are in proper working order, intact,without holes, broken elements,and are locked;or 2. Are secured by clear polycarbonate sheeting in compliance with this chapter. in lieu of plywee.t the p pe.t,may be s ..e,t by. alternative means;f appr-eyed; advance by the n;.. et.. of Planningand Preteet;.a Se Sec.8-152. Registration. Owners of Abandoned Structure 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 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. See.8-153. Registration Information. A. For each Abandoned 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 address of the Abandoned Structure; 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. Proof of identification of responsible owner; 6. The name, address and telephone number of a local agent or representative authorized by the owner to handle the affairs of the property. For the purpose of this subsection, "local"shall mean a person who resides within the City of Jefferson or within 5 miles of the City limits and may be one 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 and to accept, on behalf of the owner,service of any citation,order,or judicial process; 7. The reason for vacancy of the property; 8. The estimated length of time the property is expected to remain vacant;and 9. 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 days of any change in the registration information required by this section. Sec.8-154. Registration and Administrative Fee. A. An owner of an Abandoned Structure, whether registered or not, shall pay an Abandoned Structure Bill 2017-32—Page 2 Drafter's Note: Deleted text is shown thus, Inserted text is shown thus. registration fee and an administrative fee, the amounts of which shall be established by the City Administrator,for the time during which such structure remains an Abandoned Structure. B. Fees under this section shall be established to support the services rendered by the City in the course of its duties related to Abandoned Structure. Failure to register an Abandoned Structure or pay the monthly administrative fee shall be cause for penalties to be assessed and are violations of this chapter. C. The monthly administrative fee shall be paid so that it is received by the City on or before the seventh day of each month, following each month during which the structure was an Abandoned Structure for fifteen (15).days or more. D. A late fee, in an amount to be established by the City Administrator, shall also be payable by an owner of an Abandoned Structure when the monthly administrative fee is not timely paid. 8-155. Recovery of Fees. If all or part of the fees required by this chapter are not paid or are overdue,the City may recover such sums by: A. Filing suit against the owner for entry of civil money judgment;or B. Any other means available by law. Sec.8-156. Securing Structures. All Abandoned 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 Planning and Protective Services or his or her designee. A. A City order to secure(or-to re-secure)an abandoned property shall be complied with by the owner within seventy-two 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. Plywoed boarding, :f used, clear polvcarbonate sheeting 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 as follows: 1. On all first story and ground assessable points of entry, such shall be secured by use of ex4erier grade plyclear polycarbonate sheeting or its equivalent, of at least one-hal-fifieh approved thickness, cut to the size of the opening and secured by the use of an appropriate mounting system Phillips headed, less than two :nee long- •and 2. On entry points being secured above the first story or were not accessible from ground level,such shall be secured by use of clear Polycarbonate sheeting or its equivalent of at leas one ha'neii--approved-thickness,cut to the size of the opening and secured by the use of-an appropriate mounting system . Bill 20.17-32—Page 3 Drafter's Note: Deleted text is shown thus-. Inserted text is shown thus. Sec.8-157. Right of Entry and Inspection. 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 insure compliance with the requirements of this chapter and to determine if there are any emergency or hazardous conditions. Sec.8-158. Reuse and Occupancy. 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. Sec.8-159. Responsibility for Violations. 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. Sec.8-160. Penalty. 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)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 Prosecutor shall notify the accused of the violation and give the accused ten days to register, if the accused shall register within the said ten days then this shall be a complete defense to the charge of failure to register. (Ord. 14786, §1,4-18-2011;Ord.No. 14829, §6, 8-1-2011) Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. ✓/ Passed: (ti�lA /. �� 7 Approved: A-7A n 0 Presiding Officer Mayor Carrie Tergin ATTEST:,--. - = APPROVED AS TO FOR s ity cle _ = City Co ns or Bill 2017-32—Page 4 Drafter's Note: Deleted text is shown Inserted text is shown thus.