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HomeMy Public PortalAboutORD15777 BILL NO. 2017-120 SPONSORED BY Councilman Henry ORDINANCE NO. /517.7 AN ORDINANCE AMENDING CHAPTER 8 (BUILDING REGULATIONS), ARTICLE VII (LANDLORD REGISTRATION) AND 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 VII, (Landlord Registration) of the Code of the City of Jefferson, Missouri, is hereby amended as follows: ARTICLE VII. LANDLORD REGISTRATION Sec. 8-100. Definitions Landlord: Any person,partnership,or corporation who,singularly or in conjunction with others,rents,or leases, or continues to rent or lease,any residential real property or offers residential property for rent or lease. Unit: A self contained residential home or apartment(or functionally similar structure)whether or not attached to or incorporated into any other structure. Sec. 8-101. Registration Required A. No person shall rent,lease or offer to rent or lease,any residential rental property located within the City of Jefferson,unless prior to doing so that person has registered as a Landlord. B. In the event any Landlord acquires additional residential rental property,or any person becomes the owner of residential rental property,they shall register the additional property within 30 days of acquiring title. C. The owner of any rental dwelling as defined in this Article shall register as a landlord annually with the City. It shall be a violation of this code for Ea person or entity to fail to register as landlord regulated la this Article. D. All registrations issued under this Article shall expire on December 31 of each year and shall be subject to renewal annually. Application for renewal of registration in any year will be accepted beginning January 1 and may be made without penalty through January 31. Editor's note:Deleted language shown thus.Added language shown thus. Bill 2017-120 – Page 2 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. Sec. 8-102. Registration Process A. There shall be no fee for the landlord to register. B. The Landlord shall fill out a registration form prepared by the City which indicates: 1. All of the residential rental property owned by property address; 2. The number of units at each property address; 3. The name, address, telephone number, and email address of the owner(s) 4. The name, address, telephone number, and email address of the property manager if any. 5. The name, address, telephone number, and email address (if the landlord has an email address) of a person who may be contacted in case of an emergency or if a violation of this code is alleged. Such person must be a resident of the City of Jefferson or reside within 20 miles of the property. Such person may be an owner or the property manager. 1. All of the residential rental property owned by 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 each 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 of the following shall be provided: a. For a corporation, a corporate officer and the chief operating officer; b. For a partnership, the managing partner; c. For a limited liability company, the managing or administrative me mber; d. For a limited partnership, a general partner; e. For a trust, a trustee; or f. 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 18 years. For the purpose of this subsection, “local” shall mean a person who resides within the City of Jefferson or within fifty (50) 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. Sec. 8-103. Penalty for Failure to Register Any person who fails to register, or renew a registration, within 30 days of being required to do so, within 30 days of being required to do so, for one or more properties, shall be guilty of an ordin ance violation and shall be fined not less than $25.00 per day. Each subsequent day shall be considered a separate violation. Prior to charging any person with violating this section, the City Prosecutor City Administrator or his or her designee shall notify Bill 2017-120 – Page 3 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. 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. (Ord. 14246, §1, 9-4-2007; Ord. 14246, §1, 9-4-2007) Section 2. 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. Sec. 8-151. Definitions As used in this chapter: A. "Abandoned structure" means any building which, including an accessory building, including buildings owned, operated, or subsidized by public or nonprofit agencies, 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 f) Has taxes in arrears to the City for 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 which would be naturally and normally incidental to that of the main structure, whethe r the main structure is an Abandoned Structure or not, such as, but not limited to, a garage, barn or storage shed. C. “Director” means the Director of Planning and Protective Services or his or her designee. D. "Owner" means any person with a legal or equitable ownership interest in the structure. Bill 2017-120 – Page 4 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. E. "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. 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 act ing to eliminate an imminent hazard to public health and safety. Sec. 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 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. Proof of identification of responsible owner; 6. Date of birth of all owners; 7. 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: a. For a corporation, a corporate officer and the chief operating officer; b. For a partnership, the managing partner; c. For a limited liability company, the managing or administrative member; d. For a limited partnership, a general partner; e. For a trust, a trustee; or f. For a real estate investment trust, a general partner or an officer. 8. The full name, address, and 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 18 years. For the purpose of this subsection, “local” shall mean a person who resides within the City of Jefferson or within 5 fifty (50) 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; Bill 2017-120 – Page 5 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. 9. The reason for vacancy of the property; 10. The estimated length of time the property is expected to remain vacant; and 11. 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 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. 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 the City of Jefferson and Cole 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 amount of the semi-annual registration fee. 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 City Administrator. 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 City Administrator. The decision of the City Administrator shall constitute a final administrative decision pursuant to Section 536 of the Revised Statutes of Missouri. F. 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. G. 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. H. 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 Registration Fee If all or part of the fees required by this chapter are not paid or are overdue, the City may recover Bill 2017-120 – Page 6 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. such sums by: A. Filing suit against the owner for entry of civil money judgment; or B. Any other means available by law. A. Amount of Fee. There is hereby established and assessed a semi-annual fee in the 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 responsibility 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 (2nd) 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 (2nd) 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 Section 1-13 of 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 Bill 2017-120 – Page 7 Drafter’s Note: Deleted text is shown thus. Inserted text is shown thus. registration fee forgiven. 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 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. Clear polycarbonate 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 accessible points of entry, such shall be secured by use of clear polycarbonate sheeting or its equivalent, of approved thickness, cut to the size of the opening and secured by the use of an appropriate mounting system; 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 approved thickness, cut to the size of the opening and secured by the use of an appropriate mounting system. (Ord. No. 15689, §1, 8-7-2017) 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 City Administrator 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 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 2 Passed: jy4'/ 2 ��JJ (�' J 02'19i 0 / / � ,cam/ � Approved: ; iU ("- (.4/u U-a71A/Ce, Ogivii- Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: ,_, / ,- , / ,(.. i "L___, ./' C ' Clerk City`Couns= or Bill 2017-120—Page 8 Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.