ORDINANCE NO. 091010
Amending Chapter 56, Code of
Ordinances, by repealing Section 56-572, Definitions, and enacting in lieu
thereof a new section of like number and subject matter.
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 56-572, Definitions, and enacting in lieu thereof
a new section of like number and subject matter, to read as follows:
Sec. 56-572. Definitions.
words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
different meaning, and any words not defined here but defined elsewhere in this
chapter shall have the meaning ascribed to them previously:
means a lender under a note secured by a deed of trust.
means the City of Kansas City, Missouri.
means consecutive calendar days.
Deed of Trust
means an instrument by which title to real estate is transferred to a third
party trustee as security for a real estate loan. This definition includes any
subsequent deeds of trust.
means the failure to fulfill a contractual obligation, monetary or conditional.
Foreclosure have the same meaning, that being the process by which a
property, placed as security for a real estate loan, is prepared for sale to
satisfy the debt if the borrower (trustor) under a deed of trust defaults.
the foreclosure process means taking any of the following actions: (i) publication
of a notice of sale; or (ii) commencing a foreclosure action on a property in a
court of law.
within fifty (50) road/driving miles distance of the city
means the creditor, including but not limited to, service companies, lenders in
a mortgage agreement and any agent, servant, or employee of the mortgagee, or
any successor in interest and/or assignee of the mortgagee’s rights, interests
or obligations under the mortgage agreement.
Default means a notice, issued pursuant to the applicable real estate
security document or section 408.554, RSMo, that a default has occurred under a
deed of trust.
Owner means any person,
mortgagee, or property trust trustee who alone or jointly or severally with
others, with or without the right of possession, is entitled under any
agreement to the control or direction of the management or disposition of the
building or property or of any part of the building or property. Unless
otherwise specifically provided, the owner, his agent for the purpose of
managing, controlling or collecting rents and any other person managing or
controlling a building or property in any part of which there is a violation of
the provisions of this ordinance, shall be liable for any violation therein,
existing or occurring, or which may have existed or occurred, at or during any
time when such person is or was the person owning or managing, controlling, or
acting as agent in regard to said buildings or property and is subject to
injunctions, abatement orders or other remedial orders. The liabilities and
obligations imposed on an owner shall attach to:
mortgage company or any other person with or without an interest in the
building or property who knowingly takes any action in any judicial or
administrative proceeding that is intended to delay issuance or enforcement of
any remedy for any violation of the Property Maintenance Code then in
existence; provided that with respect to fines such person shall be liable only
for fines which accrue on or after the date of such action; and further
provided that no liability shall be imposed under this ordinance for any action
taken in any proceeding, including a proceeding to foreclose on a lien, that
does not delay or prevent the prosecution of any action brought by the city to
enforce the city’s Property Maintenance Code.
(2) a property
trust trustee under a property trust, unless said trustee in a proceeding under
said provisions of this ordinance discloses in a verified pleading or in an
affidavit filed with the court, the name and last known address of each person
who was a beneficiary of the trust at the time of the alleged violation and of
each person, if any, who was then acting as agent for the purpose of managing,
controlling or collecting rents, as the same may appear on the records of the
Out of Area means in
excess of fifty (50) road/driving miles distance of the city.
Property means any
improved real property, or portion thereof, located in the city, including
buildings or structures situated on the property.
Property Trust Trustee
means one who holds title to a building, structure or property under a property
trust with or without the right of possession, management or control.
Registration Period means
June 1 of each year through May 31 of the subsequent year.
Securing means measures
that assist in making the property inaccessible to unauthorized persons,
including but not limited to the repairing of fences and walls, chaining/pad
locking of gates, the repair or boarding of door, window or other openings.
Trustee means the person,
firm or corporation holding a Deed of Trust on a property as security for the
payment of a debt.
Trustor means a borrower
under a deed of trust, who deeds property to a trustee as security for the
payment of a debt.
a property which is lacking habitual presence of human beings who have a legal
right to be on the property, or at which substantially all lawful business
operations or residential occupancy has ceased. In determining whether a property
is vacant, it is relevant to consider, among other factors, the percentage of
the overall square footage of any building on the property or floor to the
occupied space, the condition and value of any items in the property and the
presence of rental or for sale signs on the property; provided that
multi-family residential property containing five (5) or more dwelling units
shall be considered vacant when the majority of all of the dwelling units become
unoccupied and a majority remain unoccupied. A property shall not be
considered vacant which is being currently marketed by a licensed real estate
professional hired by the former or current occupant of the property and to
which water service has not been shut-off.
as to form and legality:
Assistant City Attorney