[R.O. 2009 §515.390; Ord. No. 2018 §1, 5-5-2003; Ord.
No. 2028 §1, 5-5-2003; Ord. No. 2404 §1(i), 11-1-2010; Ord. No. 2414 §1, 11-1-2010; Ord. No. 2723, 5-7-2018; Ord. No. 2957, 8-15-2022]
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Higginsville, being marked and designated as the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Higginsville in the State of Missouri; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 510.410 of this Article.
[R.O. 2009 §515.400; Ord. No. 2028 §2, 5-5-2003; Ord.
No. 2414 §1, 11-1-2010; Ord. No. 2723, 5-7-2018; Ord. No. 2957, 8-15-2022]
Any and all ordinances or parts of ordinances of the City of
Higginsville in conflict with this Article are hereby repealed.
[R.O. 2009 §515.410; Ord. No. 2028 §3, 5-5-2003; Ord.
No. 2102 §1, 12-6-2004; Ord. No. 2414 §1, 11-1-2010; Ord. No. 2723, 5-7-2018; Ord. No. 2957, 8-15-2022]
A.
The International Property Maintenance Code adopted by Section 510.390 is hereby amended by substituting the following Sections or portions of Sections for those Sections or portions of Sections with corresponding numbers of the International Property Maintenance Code, 2021 Edition, or where there is no corresponding Section in the code the following Sections shall be enacted as additions to the code.
1.
Section 101.1. Insert: "The City of Higginsville."
2.
Delete Section 103 in its entirety. Refer to Section 103 of
the International Building Code.
3.
Delete Section 105.5 in its entirety. Add new section 105.5
Notices and Orders.
105.5. Notice To Person Responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 105.5.1 and 105.5.2 to the person responsible for the violation as specified in this code. Notices for dangerous building procedures shall also comply with Higginsville City Code Chapter 505.
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105.5.1. Such notice prescribed shall be in accordance with
all of the following:
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1.
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Be in writing.
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2.
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Include a description of the real estate sufficient for identification.
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3.
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Include a statement of the violation or violations and why the
notice is being issued.
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4.
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Include a correction order allowing a reasonable time to make
the repairs and improvements required to bring the dwelling unit or
structure into compliance with the provisions of this code.
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5.
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Inform the property owner or owner's authorized agent of
the right to appeal.
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105.5.2. Method Of Service. Such notice shall be deemed to be
properly served if a copy thereof is:
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1.
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Delivered personally;
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2.
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Sent by certified or first-class mail addressed to the last
known address; or
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3.
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If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice. Service of such notice in the
foregoing manner upon the owner's agent, or upon the person responsible
for the structure, shall constitute service of notice upon the owner.
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105.5.3. Unauthorized Tampering. Signs, tags, or seals posed
or affixed by the Code Official shall not be mutilated, destroyed
or tampered with, or removed without authorization from the Code Official.
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4.
Delete Section 107 in its entirety. Refer to Section 113 of
the International Building Code, 2021 Edition.
5.
Delete Section 108 in its entirety. Refer to Appendix B of the
International Building Code, 2021 Edition.
6.
Delete Section 109.4 in its entirety. Add new Section 109.4 Violation Penalties. Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this Chapter or violates or fails to comply with any order or regulation made hereunder, shall be guilty of an ordinance violation and upon conviction thereof shall be fined in accordance with Higginsville City Code Section 100.080. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
7.
Delete Section 110.4 in its entirety, and add new Section 110.4
as follows:
Section 110.4: Unlawful Continuance. Any person who shall continue
any work after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less than fifty
dollars ($50.00), nor more than five hundred dollars ($500.00), or
by imprisonment not exceeding ninety (90) days, or by both such fine
and imprisonment. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
8.
Amend Section 111.1, Unsafe Structures And Equipment, to read as follows: Unsafe Conditions. When a structure is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structures shall be addressed pursuant to the provisions of this code, and the provisions of Chapter 505 of Higginsville City Code. Existing equipment that is or hereafter becomes unsafe, insanitary, or deficient or constitutes a fire hazard, or is otherwise dangerous to human life or the public welfare, or that involves inadequate maintenance, shall be deemed an unsafe condition. A vacant structure that is not secured from unauthorized entry shall be deemed unsafe.
11.
Delete Section 111.4. Refer to Chapter 505 of the Higginsville City Code of Ordinances and amended Section 105.5.1 and 105.5.2 of the International Property Maintenance Code, 2021 Edition.
15.
Delete Section 112 in its entirety. Refer to Chapter 505 of the Higginsville City Code of Ordinances.
16.
Delete Section 113 in its entirety. Refer to Chapter 505 of the Higginsville City Code of Ordinances.
17.
Delete Section 107 in its entirety. Refer to Appendix B of the
International Building Code, 2021 Edition.
18.
Section 302.4. Insert: "twelve (12) inches."
19.
Add new Section: Section 302.10: Tree Maintenance. Dead, dying
or diseased trees, or portions thereof, shall be treated, pruned or
removed so as not to pose a threat to adjoining private or public
property. Tree limbs and branches shall be trimmed so as not to block
vehicle driver's view at intersections or street signs. Fallen
tree limbs and tree trunks shall be removed from the property or cut
and stacked at least four (4) inches off the ground.
21.
Section 304.14. Insert: "March 1st" and "November 1st."
22.
Section 602.3. Insert: "October 1st" and "May 1st."
23.
Section 602.4. Insert: "October 1st" and "May 1st."
24.
Add new last sentence to Section 606.1, General, which states:
"All elevators shall be inspected and approved by a State Fire Marshal's
Elevator Inspector or a Missouri State Licensed Inspector on an annual
basis."
[1]
Editor’s Note: Former Section 510.415, Penalty, was
repealed 5-7-2018 by §4 of Ord. No. 2723.
