Section 67.399

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2003   

  67.399.  Registration fee for violations of housing codes — municipalities and St. Louis County — investigation — appeal — lien on property, when. — 1.  The governing body of any municipality or county with a charter form of government and with more than one million inhabitants may, by ordinance, establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

  2.  The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee.  The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee.  Within five business days, the clerk of the municipality or county with a charter form of government and with more than one million inhabitants shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county.  The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification.  Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

  3.  Within thirty days of the municipality or county with a charter form of government and with more than one million inhabitants making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality or county with a charter form of government and with more than one million inhabitants.  If the municipal or county officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed.  If the officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the officer to the municipal court within thirty days of such decision.  Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

  4.  The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees.  Any registration fees which are delinquent for a period of one year shall become a lien on the property and 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 housing code cited by the municipal officers have been cured and presenting payment of all registration fees and penalties.  Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven.

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(L. 1998 H.B. 977 & 1608 and H.B. 1352, A.L. 2003 H.B. 267)