[R.O. 2009 § 500.360; Ord. No. 2907 § I, 11-12-2009; Ord. No. 3238 § VII, 9-24-2015; Ord.
No. 3717, 2-22-2022]
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bolivar, being marked and designated as the International Property Maintenance Code, 2021 Edition, excluding Section 305 & 309, and excluding Chapters 4, 5, 6 and 7, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Bolivar, in the State of Missouri; for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk of the City of Bolivar 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 500.370 of this Article.
[R.O. 2009 § 500.370]
The following Sections of the International Property Maintenance Code adopted in Section 500.360 are hereby revised:
Section 101.1. Insert: City of Bolivar.
Section 103.5. Insert: Section 500.025 "Building Application Procedures And Inspection Fees."
Section 112.4. Insert: ($50.00),
($500.00).
Section 302.4. Insert: 12".
Section 304.14. Insert: April 1 to
November 1.
Section 602.3. Insert: October 1
to April 1.
Section 602.4. Insert: October 1
to April 1.
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ARTICLE I. ADMINISTRATION
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PM-102.3 Application Of Other Codes.
Repairs, additions or alterations to a structure or changes of occupancy
shall be done in accordance with the procedures and provisions of
the International Building Code 2009 and the supplemental codes adopted
in this Chapter. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the City of Bolivar Zoning Code.
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PM-103.1. The position of Code Enforcement
Officer is hereby created and shall have all duties and powers designated
to the "Code Official" in the International Property Maintenance Code
2009.
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PM-104.1. The Code Enforcement Officer
shall enforce the provisions of this International Property Maintenance
Code 2009. The Code Enforcement Officer shall further have authority
to enforce the ordinances of this City addressing nuisances and the
abatement thereof and shall further have authority to enforce the
zoning ordinances of this City. Nothing in this provision shall limit
or terminate any existing authority of other City Officials from enforcing
the ordinances of this City addressing nuisances or zoning.
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[R.O. 2009 § 500.375; R.O. 2007
§ 520.025; Ord. No. 2909 § I, 11-12-2009; Ord. No. 2994 § II – IV, 7-14-2011]
A.
Notice To Person(s) Responsible. Except
as otherwise provided in this Chapter, whenever the Code Enforcement
Officer determines that there has been a violation of the International
Property Maintenance Code, a violation of any City ordinance addressing
nuisances, a violation of a City zoning ordinance or any other violation
of this Code over which the Code Enforcement Officer is given enforcement
authority by specific provision of any other City ordinance, or has
grounds to believe that a violation has occurred, notice shall be
given in the manner prescribed in this Section to the person responsible
for the violation.
B.
Form. Such notice shall substantially comply
with the following requirements:
1.
Be in writing; and
2.
Include a description of the real
estate sufficient for identification; and
3.
Include a statement of the violation
or violations and why the notice is being issued; and
4.
Include a correction order allowing
a reasonable time to make the repairs, improvements or corrections
required to bring the dwelling unit, structure or grounds into compliance
with the provisions of that part of the Code that the Code Enforcement
Office determines is being violated; provided that for the purposes
of this paragraph, a reasonable period of time for a second or greater
violation that has previously been corrected either by the same or
some of the same responsible party(ies) to whom the recurrent notice
is being given or by the City may be the minimum period that is reasonably
required to correct the violation from the date the notice is given
assuming the commencement of corrective actions immediately upon the
giving of such notice; and
5.
Inform the responsible party(ies)
of the right to appeal; however, if the notice is the second notice
of the same violation within a twelve-month period, then it may also
inform the responsible party(ies) that if the same or substantially
the same violation shall occur for a third or subsequent time within
a twelve-month period following correction of the second violation
either by the responsible party(ies) or by the City, no further notices
of violation will be given and no right of appeal will exist prior
to the City commencing corrective action and charging the responsible
party(ies) with the costs thereof and enforcing the collection of
the assessed charges as provided in any applicable provision(s) of
the City Code, if such costs are allocable for City correction of
the violation in question; and
6.
Include a statement of the right
to file a lien in accordance with the International Property Maintenance
Code 2015 and/or the ordinances of the City of Bolivar.
[Ord. No. 3238 § VIII, 9-24-2015; Ord.
No. 3717, 2-22-2022]
C.
Method Of Service. Such notice shall be
deemed to be properly served if a copy thereof is:
D.
When Notice Not Required — Waiver Of Right To Appeal. Notwithstanding the provisions of Subsections (A) through (C) of this Section, no notice shall be required to be given to the responsible party(ies) who shall have no right of appeal prior to abatement of a public nuisance by the City upon order of the Code Enforcement Officer as provided in Section 235.010(D) if notice of the same or substantially the same violation has previously been given by the Code Enforcement Officer and such notice either was not appealed or not successfully appealed and was corrected by either the responsible party(ies) or by the City on at least two (2) prior occasions within the previous twelve-month period.
[R.O. 2009 § 500.378; R.O. 2007
§ 520.030; Ord. No. 2994 §§ V
– IX, 7-14-2011]
A.
Application For Appeal. Except those cases described in Section 500.375(D), any person directly affected by a decision of the Code Enforcement Officer or an order issued under the International Property Maintenance Code shall have the right to appeal to the Board of Appeals provided that a written application for appeal is filed with the City Clerk by the earlier of:
1.
The date that the violation is required
to be corrected under the notice given by the Code Enforcement Officer;
or
2.
Fifteen (15) days after the day of
the decision, notice or order was served.
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An application for appeal shall be
based on a claim that the true intent of the provisions allegedly
violated has been incorrectly interpreted, the provisions do not fully
apply or the requirements of said provisions are adequately satisfied
by other means.
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B.
Membership Of Board. The Board of Appeals
shall consist of a minimum of three (3) members who are qualified
by experience and training to pass on matters pertaining to property
maintenance and who are not employees of the jurisdiction. The Code
Official shall be an ex officio member, but shall have no vote on
any matter before the Board. The Board shall be appointed by the Mayor
and shall serve staggered and overlapping terms.
1.
Alternate Members. The Mayor shall
appoint two (2) or more alternate members who shall be called by the
Board Chairman to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the qualifications required
for Board membership.
2.
Chairman. The Board shall annually
select one (1) of its members to serve as Chairman.
3.
Disqualification Of Member. A member
shall not hear an appeal in which that member has a personal, professional
or financial interest.
4.
Secretary. The Mayor shall designate
a qualified person to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings in the office of the
Mayor.
5.
Compensation Of Members. Compensation
of members shall be determined by law.
C.
Notice And Date Of Meeting. The Board of
Appeals shall meet upon notice from the Chairman within twenty-one
(21) days of the filing of an appeal. Notice of the date, time and
location of the meeting shall be given to the appealing party.
D.
Open Hearing. All hearings before the Board
shall be open to the public. The appellant, the appellant's representative,
the Code Enforcement Officer and any person whose interests are affected
shall be given an opportunity to be heard. A quorum shall consist
of not less than two-thirds (2/3) of the Board membership.
1.
Procedure. The Board shall adopt
and make available to the public through the Secretary procedures
under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate
that only relevant information be received.
E.
Postponed Hearing. When the full Board
is not present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
F.
Board Of Appeals Decision. The Board shall
modify or reverse the decisions of the Code Enforcement Officer only
by a concurring vote of a majority of the total number of appointed
Board members then holding office.
1.
The Board of Appeals' decision shall
be in writing and shall be provided to all interested parties either
in person or by mail within seven (7) days after the date of the hearing.
2.
Administration. The Code Enforcement
Officer shall take immediate action in accordance with the decision
of the Board.
G.
Court Review. A person aggrieved by a decision
of the Board of Appeals shall have the right to require review by
the Circuit Court of Polk County, Missouri to correct errors of law.
A petition for review shall be filed in such manner and within such
time as is required by the laws of the State of Missouri, Missouri
Rules of Civil Procedures or the rules of the 30th Judicial Circuit
of Missouri or any successor to such Circuit in which the Circuit
Court of Polk County, Missouri is located. In the absence of a law
or rule governing the time for appeal, such appeal shall be filed
within fifteen (15) days following the date the Board of Appeals issues
its written decision. Appeals by the Code Enforcement Officer shall
be in the name of the officer in his official capacity at the relation
of the City of Bolivar.
H.
Stays Of Enforcement. Appeals of notices
and orders to the Board of Appeals shall stay the enforcement of the
notice or order until the appeal is heard by the Appeals Board. Appeals
from a decision of the Appeals Board to the court shall not stay the
enforcement of a notice or order that has been affirmed by the Board
of Appeals unless the appealing party shall post a bond with good
and adequate surety as approved by the court in such amount as the
court shall determine will be sufficient to:
I.
Conflict With Procedures Established In
IPMC. To the extent that this Section conflicts with the provisions
for appeal established in the International Property Maintenance Code
adopted by the City of Bolivar, these provisions shall control.
[R.O. 2009 § 500.380]
Nothing in this Article or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes or action acquired or existing, under any act or ordinance hereby repealed as cited in Section 500.390 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Article.
[R.O. 2009 § 500.390]
All other ordinances or parts of
ordinances in conflict herewith are hereby repealed.
[R.O. 2009 § 500.400; R.O. 2007
§ 520.020]
A person commits the ordinance violation
of "failure to comply with building codes" if he/she shall violate
any provisions of the codes adopted pursuant to the provisions of
this Article and as those codes may be modified from time to time.
Failure to comply with building codes shall upon conviction be punishable
by a fine not to exceed five hundred dollars ($500.00) or a term of
incarceration not to exceed ninety (90) days or by both such fine
and incarceration. Each day or fraction thereof that a person shall
be in violation of the provisions of the Property Maintenance Code
or any supplements thereto shall be deemed a separate offense. In
addition to all other penalties hereunder, the City of Bolivar may
seek injunctive relief, either mandatory or prohibitory, to enforce
compliance with the provisions of the Property Maintenance Code and
supplements thereto.
