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(A) Prior to filing a complaint of foreclosure or executing a deed in lieu of foreclosure on a residential property located in the city, a creditor shall inspect the property to determine whether the property is vacant. If the property is vacant, the creditor shall, on the same day the complaint of foreclosure is filed or the deed in lieu of foreclosure is executed, register the property as a vacant property with the City Clerk’s Office in which the property is located for the purpose of minimizing hazards to persons and property as a result of the vacancy.
(B) If a residential property becomes vacant at any time after a creditor files a complaint of foreclosure or executes a deed in lieu of foreclosure, but prior to vesting of title in the creditor or a third party, the creditor shall, within ten (10) business days after obtaining knowledge of the vacancy, register the property as a vacant property with the city.
(C) There shall be a fee of $50 per property registered which shall be paid by creditor to the city at the time of registration.
(Ord. 2011-001, passed 1-10-11; Am. Ord. 2011-007, passed 7-11-11)
(A) Registration of a residential property as a vacant property shall include the address of the property and the name and contact information of a person located within the commonwealth who is authorized to accept service on behalf of the creditor.
(B) If a residential property becomes or remains vacant as provided in § 151.047, but prior to vesting of title in the creditor or any third party, and the city determines the property is in violation of any ordinance regulating a nuisance, the city may notify the creditor of the violation by providing notice of the violation by certified mail, return receipt requested, to the person identified in division (A) of this section, and may require the creditor to correct the violation to the extent consistent with the terms of the mortgage.
(C) A notice of violation shall include a description of the conditions that give rise to the violation with the notice of violation and shall provide a period of not less than twenty (20) days from the creditor’s receipt of the notice for the creditor to remedy the violation.
(Ord. 2011-001, passed 1-10-11)
(A) If the creditor fails to remedy the violation within the stated period, the city may issue a citation and impose penalties against the creditor for violation of any ordinance regulating a nuisance.
(B) Any creditor that fails to register vacant residential property with the city shall be subject to a civil fine of one hundred dollars ($100) payable to the city for each day of delinquency.
(Ord. 2011-001, passed 1-10-11)
(A) Any person who violates any of the provisions of this chapter, with the exception of § 151.020, shall:
(1) For the first offense within a five-year period, be fined not less than $100 nor more than $200 and may be imprisoned in the county jail for not less than one day.
(2) For the second offense within a five-year period, be fined not less than $200 nor more than $300 and may be imprisoned in the county jail for not less than one day nor more than five days, or both fine and imprisonment.
(3) For a third offense within a five-year period, be fined not less than $300 dollars nor more than $400 and may be imprisoned in the county jail for not less than one day nor more than five days, or both fine and imprisonment and may, in addition to fine and imprisonment, be sentenced to community labor for not less than eight hours nor more than 40 hours.
(4) For a fourth or subsequent offense within a five-year period, be fined not less than $400 nor more than $500 and shall be imprisoned in the county jail for not less than five days nor more than 12 months, and in addition to fine and imprisonment, may be sentenced to community labor for not less than 40 hours.
(B) Any person who is found guilty of violating any provision of this chapter shall be responsible for any costs incurred by the city to correct the damage caused by the actor’s conduct or failure to act. Failure to reimburse the city within 15 days of repair or correction upon notice of the same may result in a lien against the property of the actor and may also result in damages.
(C) Any person found guilty of violating any provision of this chapter shall be liable for civil penalties in an amount equal to the court-imposed fine.
(D) Penalties and demolishment and removal.
(1) Any person who violates any of the provisions of § 151.020 shall, for a first or subsequent offense within a five-year period, be fined not less than $400 nor more than $500 and shall be imprisoned in the county jail for not less than five days nor more than 12 months, and in addition to fine and imprisonment, may be sentenced to community labor for not less than 40 hours.
(2) If the person is found guilty under this section, the Henry District Court shall, upon motion of the County Attorney and upon written request of the City Attorney acting at the behest of the Mayor of the city, state the findings of fact in support of the determination of guilt and shall enter an order requiring the owner, within a time specified by the Court not to exceed 30 days, to repair, alter, correct or improve the structure or real estate to render it in complete conformity with this chapter or, at the option of the owner, to vacate, demolish, and remove the structure.
(3) If the owner fails to comply with the Court’s order in division (D)(2) above, the Court shall enter an order requiring the owner to vacate the premises, which shall be enforced by the Sheriff within 48 hours; and, further order that a placard with the words CLOSED: THIS BUILDING IS UNFIT FOR HUMAN HABITATION, OCCUPANCY OR USE; HUMAN HABITATION, OCCUPANCY, USE OR TRESPASS IS PROHIBITED AND UNLAWFUL be placed thereupon by the Eminence Police Department; and, approve the demolishment and removal of the structure and debris left from the structure.
(4) The city may then act at its convenience to demolish and remove the debris left from the structure or cause at its convenience the structure to be demolished and the debris left from the structure to be removed.
(5) Any cost associated with the demolishment or removal of the structure and or removal of debris left from the structure shall be a lien upon the real property upon which cost was incurred.
(Ord. 2009-005, passed 7-13-09)