Board Bill Number 105 – Registering Vacant Properties
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 Board Bill No. 105 INTRODUCED BY ALDERWOMAN KACIE STARR TRIPLETT,
2 ALDERMAN GREGORY CARTER
3 ALDERWOMAN JENNIFER FLORIDA,
4 ALDERMAN SHANE COHN,
5 ALDERMAN ANTONIO FRENCH,
6 ALDERMAN FRANK WILLIAMSON,
7 ALDERMAN TERRY KENNEDY
8 ALDERMAN STEPHEN GREGALI,
9 ALDERMAN SAMUEL MOORE
10
11 An ordinance pertaining to a registration fee for vacant buildings and structures; defining
12 ownership for the purpose of this ordinance; establishing an initial registration fee of fifty dollars
13 ($50), a fee of one hundred and fifty dollars ($150) for the second year and a fee of two hundred
14 and fifty dollars ($250) for the third and each subsequent year to be charged to the owner of any
15 parcel of residential property improved by a residential structure, or commercial property
16 improved by a structure containing multiple dwelling units, which is vacant and has been vacant
17 for at least 60 days; establishing a penalty clause; requiring an authorized agent either maintain
18 an office or live in the State of Illinois or Missouri; requiring the owner to secure and maintain
19 the vacant building; appealing determination of a vacant building; defining vacant for the
20 purpose of this ordinance; defining creditor for the purpose of this ordinance; requirements of a
21 creditor for the purpose of this ordinance; deeming registration statements as prima facie proof of
22 evidence; initial notification; use of collected funds; containing an enforcement clause and
23 containing a severability clause.
24 BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:25 SECTION ONE. Definition of Ownership
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 Wherever used in said provisions of this ordinance, the “owner” shall include any person entitled
2 under any agreement to the control or direction of the management or disposition of the building
3 or premises or of any part of the building or premises where the violation in question occurs. The
4 liabilities and obligations hereunder imposed on an owner shall attach to a trustee under a land
5 trust, holding title to such building, structure or premises without the right of possession,
6 management or control, unless said trustee in a proceeding under said provisions of this
7 ordinance discloses in a verified pleading or in an affidavit filed with the court, the name and last
8 known address of each person who was a beneficiary of the trust at the time of the alleged
9 violation and of each person, if any, who was then acting as agent for the purpose of managing,
10 controlling or collecting rents, as the same may appear on the records of the trust. The liabilities
11 and obligations imposed on an owner shall attach to any mortgage company or any other person
12 with or without an interest in the building or premises who knowingly takes any action in any
13 judicial or administrative proceeding that is intended to delay issuance or enforcement of any
14 remedy for any violation of the Building Code then in existence; provided that with respect to
15 fines such person shall be liable only for fines which accrue on or after the date of such action;
16 and further provided that no liability shall be imposed under this ordinance for any action taken
17 in any proceeding, including a proceeding to foreclose on a lien, that does not delay or prevent
18 the prosecution of any action brought by the City to enforce the Building Code. Unless otherwise
19 specifically provided, the owner, his agent for the purpose of managing, controlling or collecting
20 rents and any other person managing or controlling a building or premises in any part of which
21 there is a violation of the provisions of this ordinance, shall be liable for any violation therein,
22 existing or occurring, or which may have existed or occurred, at or during any time when such
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 person is or was the person owning or managing, controlling, or acting as agent in regard to said
2 buildings or premises and is subject to injunctions, abatement orders or other remedial orders.
3 SECTION TWO. Registration Required
4 A. The owner of any building that has become vacant shall within sixty (60) days after the
5 building becomes vacant, or within thirty (30) days after the effective date of this ordinance,
6 whichever is later, file a registration statement for each such building with the Building
7 Commissioner on forms provided by the Building Commissioner for such purposes. The
8 registration shall remain valid for one year from the date of registration. The owner shall be
9 required to annually renew the registration as long as the building remains vacant. The owner
10 shall pay an initial registration fee of fifty dollars ($50.00) for each registered building; provided,
11 however, that all eleemosynary, religious, educational, benevolent or charitable associations shall
12 be exempt from the payment of the annual registration fee. If the building remains vacant after
13 one year, the cost of the registration fee will be one hundred and fifty dollars ($150) for the
14 second year. If the building is vacant the third year and all subsequent years, the registration fee
15 will be two hundred and fifty dollars ($250) each year. The fee shall be valid to all buildings
16 owned by the City of St. Louis. The owner shall notify the Building Commissioner, within 20
17 days, of any change in the registration information by filing an amended registration statement
18 on a form provided by the Building Commissioner for such purposes. The registration statement
19 shall be deemed prima facie proof of the statements therein contained in any administrative
20 enforcement proceeding or court proceeding instituted by the city against the owner or owners of
21 the building.
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 B. In addition to other information required by the Building Commissioner, the registration
2 statement shall include the name, street address and telephone number of a natural person
3 twenty-one (21) years of age or older, designated by the owner or owners as the authorized agent
4 for receiving notices of code violations and for receiving process, in any court proceeding or
5 administrative enforcement proceeding, on behalf of such owner or owners in connection with
6 the enforcement of this code. This person must maintain an office either in the State of Illinois or
7 Missouri or must actually reside either in
the State of Illinois or Missouri. An owner who is a
8 natural person and who meets the requirements of this ordinance as to location of residence or
9 office may designate himself as agent. By designating an authorized agent under the provisions
10 of this ordinance the owner is consenting to receive any and all notices of code violations
11 concerning the registered building and all process in any court proceeding or administrative
12 enforcement proceeding brought to enforce code provisions concerning the registered building
13 by service of the notice or process on the authorized agent. Any owner who has designated an
14 authorized agent under the provisions of this ordinance shall be deemed to consent to the
15 continuation of the agent’s designation for the purposes of this ordinance until the owner notifies
16 the Building Commissioner of a change of authorized agent or until the owner files a new annual
17 registration statement. Any owner who fails to register a vacant building under the provisions of
18 this ordinance shall further be deemed to consent to receive, by posting at the building, any and
19 all notices of code violations and all process in an administrative proceeding brought to enforce
20 code provisions concerning the building.
21 C. A registry of all registered vacant buildings will be available online for public view.
22 SECTION THREE. Vacant Building Maintenance
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 The owner of any building that has become vacant, and any person maintaining, operating or
2 collecting rent for any building that has become vacant shall, within thirty (30) days, do the
3 following:
4 1. Enclose and secure the building, as defined under the St. Louis City Revised Code
5 Chapter 25.01.030, Section 118.3.1. All doors must be properly secured and windows on all
6 floors of the building shall be properly secured;
7 2. Maintain the building in a secure and closed condition until the building is again
8 occupied or until repair or completion of the building has been undertaken.
9 SECTION FOUR. Penalty
10 A. The Building Commissioner may issue rules and regulations for the administration of this
11 ordinance. These rules may designate board-up materials and methods which must be used when
12 securing a building so that the boarding is reasonably incapable of being removed by trespassers
13 or others acting without the building owner’s consent. Any person who fails to register a
14 building under section two of this ordinance shall be fined two hundred- fifty dollars ($250.00).
15 Any person who violates any other provision of this ordinance or of the rules and regulations
16 issued hereunder shall be fined not less than two hundred dollars ($200.00) and not more than
17 five hundred dollars ($500.00) for each offense. Every day that a violation continues shall
18 constitute a separate and distinct offense.
19 B. Should creditor fail to register the foreclosed property with the St. Louis Building
20 Division, the city may issue a lien against foreclosed property, fining creditor up to one hundred
21 dollars ($100.00) per day.22 SECTION FIVE. Appealing Determination of Vacant Building
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 A. An owner of a building that is determined to be vacant, shall appeal that determination to
2 the Board of Building Appeals within fifteen (15) days of the date of mailing of the notice of
3 determination. The filing of an appeal stays the owner’s obligation to register his building. The
4 appeal shall contain a complete statement of the reasons the owner disputes the vacant building
5 determination. The owner shall set forth specific facts in support thereof, and shall include all
6 evidence the owner relies upon to support the appeal. The Board of Building Appeals shall
7 decide the appeal based on the facts presented by the owner in his or her written appeal and the
8 Board’s written determination.
9 B. The burden is upon the owner to present sufficient evidence to persuade the Board of
10 Building Appeals that had evidence been known to the City at the time the property was labeled
11 vacant, the City would have more than likely not determined that the building was vacant.
12 C. The Board of Building Appeals shall send written notice of the decision to the owner
13 within ten (10) days of his or her receipt of the appeal. The Board of Building Appeals may, but
14 is not required to, seek additional information from the owner.
15 SECTION SIX. Definition of Vacant
16 A. A determination of a vacant building can be made visually by a Neighborhood
17 Stabilization Officer and / or through a full building inspection from the Building Division.
18 B. In determining whether a building is vacant, it is relevant to consider, among other
19 factors, the percentage of the overall square footage of the building or floor to the occupied space
20 or the overall number of occupied and unoccupied units shall be considered, whether all lawful
21 residential or business activity has ceased, the building is substantially devoid of contents, the
22 condition and value of fixtures or personal property in the building, the building lacks utility
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 service (i.e. water, sewer, electric, or natural gas), the building is not actively for sale as part of a
2 contractual agreement to sell the building, the building lacks “for sale”, “for rent”, the building is
3 not listed on the MARIS register, the presence or recurrence of uncorrected code violations, it is
4 unoccupied and a dangerous structure.
5 C. Vacant does not include unoccupied buildings which are undergoing construction,
6 renovation, or rehabilitation and which are in compliance with all applicable ordinances, codes,
7 legislation, and regulations, and for which construction, renovation or rehabilitation is
8 proceeding diligently to completion.
9 SECTION SEVEN. Definition of Creditor.
10 Creditor means a federal or state chartered bank, savings bank. savings and loan association or
11 credit union, and any entity acting on behalf of the creditor named in the debt obligation
12 including, but not limited to, servicers.
13 SECTION EIGHT. Requirements of a Creditor.
14 A. A creditor that serves notice of intention to foreclose on a mortgage on residential
15 property in the city shall serve notice to the St. Louis Building Division at the same time creditor
16 serves notice to the owner of the property.
17 B. If the property is vacant, the creditor shall register the full name, and contact information
18 of a person located within the state of Missouri or Illinois who is authorized to accept service on
20 SECTION NINE. Proof of Evidence.
21 The owner or owners of any building shall file a registration statement for each such
22 building with the Building Commissioner on forms provided by the Building Commissioner for
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 such purposes. Any such registration statement shall be deemed prima facie proof of the
2 statements therein contained in any administrative enforcement proceeding or court proceeding
3 instituted by the city against the owner or owners of the building.
4 SECTION TEN. Initial Notification.
5 Upon enactment, the St. Louis Building Division will send notification via first class
6 mail, notifying all existing vacant building owners notifying the owners of the ordinance and the
7 registration requirements.
8 SECTION ELEVEN. Collected Funds
9 All monetary funds collected by the City under this ordinance shall be utilized by the St.
10 Louis Building Division.
11 SECTION TWELVE. Enforcement
12 It shall be the duty of the neighborhood stabilization officers to enforce the provisions of
13 this chapter as follows:
14 A. Whenever a neighborhood stabilization officer shall find a vacant building that is not
15 registered with the Building Commissioner in violation of this chapter, he shall proceed as
16 follows:
17 1. If the officer determines that a violation of this chapter exists, then the officer
18 may utilize the enforcement, prosecution, and administrative procedures under Chapter
19 25.33 of the Code; or
20 2. The officer may, at his discretion, issue a notice of violation of any provision of
21 this chapter to the violator by mail, by service, or by posting the notice on the premises,
22 which notice will explain the violation and demand its abatement forthwith or within a
June 12, 2009
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Board Bill No. 105 Sponsored by: Alderwoman Kacie Starr Triplett,Aldermen/Alderwomen Carter, Florida, Cohn, French, Williamson,Kennedy, Gregali, Moore
1 reasonable period of time. If abatement does not occur as demanded, the neighborhood
2 stabilization officer may make application to the city counselor who, if satisfied that there
3 are reasonable grounds to believe that an offense has been committed and that a case
4 against the accused can be made, shall file the information with the city court, pursuant to
5 Supreme Court Rule 37.08.
6 B. In any case in which it is lawful for a police officer to arrest a person without warrant,
7 at his discretion or at the request of the neighborhood stabilization officer, he may forthwith
8 serve the person with a summons instead of arresting the accused.
9 SECTION THIRTEEN. Severability Clause
10 If any provision, clause, sentence, paragraph or word of this ordinance or the application
11 thereof to any person, entity or circumstances shall be held invalid, such invalidity shall not
12 affect the other provisions of this ordinance which can be given effect without the invalid
13 provisions or application, and to this end the provisions of this ordinance are declared severable.