[1]
Editor's Note — Ord. No. 1069 §§1 — 3, adopted February 12, 2004, repealed sections 500.280 "adoption of and conformance with boca national property maintenance code — exception", section 500.300 "improved premises must be in compliance with boca national property maintenance code", section 500.310 "existing occupancy permit can be revoked — when", section 500.320 "compliance — notice of violation", section 500.330 "deletions and exceptions to property maintenance code", section 500.340 "appeals" and section 500.360 "severability" as in conflict herewith and enacted the new provisions set out herein in section 500.280 leaving sections 500.300 — 500.340 and 500.360 reserved for the city's future use. Former sections 500.280, 500.300 — 500.340 derived from ord. no. 767 §§1 — 4, 12 — 16, 5-9-1996; ord. no. 871 §§1 — 4, 12 — 16. Former section 500.360 derived from ord. no. 767 §19, 5-9-1996; ord. no. 871 §18, 3-25-1999.
[R.O. 2014 §500.280; Ord. No. 1069 §§1 — 3, 2-12-2004; Ord. No. 1260 §§1 — 2, 2-22-2007; Ord. No. 1485 §§1 — 2, 4-28-2011; Ord. No. 1573 §1, 2-28-2013; Ord. No. 1635 §1, 8-14-2014; Ord. No. 1672 §1, 8-27-2015; Ord. No. 2113, 9-28-2023]
A.
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Marshfield, Missouri, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Marshfield, 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 of Marshfield, Missouri, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.
B.
The following Sections are hereby revised:
1.
Section 101.1 Insert: City of Marshfield, Missouri.
2.
Section 103.5 Insert: See Schedule A “Fee Schedule.”
3.
Section 112.4 Insert: Fifty dollars ($50.00) and five hundred dollars
($500.00).
4.
Section 302.4 Insert: Eight (8) inches.
5.
Section 304.14 Insert: April 1st and November 30th.
6.
Section 602.3 Insert: September 1st to May 30th.
7.
Section 602.4 Insert: September 1st to May 30th.
[R.O. 2014 §500.290; Ord. No. 767 §§5 — 11, 5-9-1996; Ord. No. 871 §§5 — 11, 3-25-1999; Ord. No. 1069 §§1 — 3, 2-12-2004; Ord. No. 1953, 7-23-2020]
A.
The
Building Inspector, or employee charged with enforcement of this Code,
while acting for the municipality, shall not thereby render himself/herself
liable personally, and is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his/her duties
and under the provisions of the Code. He/she shall be defended as
a legal representative of the municipality until the final termination
of the proceedings. In no case shall the Building Inspector, or any
of his/her subordinates, be liable for costs in any action, suit or
proceeding that may be instituted pursuant to the provisions of the
Code; any officer of the building department, while acting in good
faith and without malice, shall be free from liability for acts performed
under any of the provisions of the Code, or by reason of any act or
omission in the performance of his/her official duties in connection
therewith.
B.
The
Building Inspector shall enforce compliance with the provisions of
the International Property Maintenance Code.
C.
The
Building Inspector shall make all the required inspections, or he/she
may accept reports of inspection of authoritative and recognized services
or individuals. All reports of such inspections shall be in writing
and certified by a responsible officer of such authoritative service,
or by the responsible individual, or he/she may engage such expert
opinion as he/she may deem necessary to report upon unusual technical
issues that may arise, subject to the approval of the Board of Aldermen
of the City of Marshfield, Missouri.
D.
The
Building Inspector shall have the power, as may be necessary, in the
interest of the public safety, health and general welfare, to interpret
and implement the provisions of the Code, and to secure the intent
and purpose thereof.
E.
Where
there are practical difficulties involved in carrying out the exact
provisions of the Code, the Building Official may vary or modify such
provisions upon application of the owner, or his/her representative,
provided that the spirit and intent of the Code shall be observed
and public welfare and safety be assured. The application for modification
and the final decision of the Building Official shall be in writing
and shall be officially recorded in the application for the permit
in the permanent records of the Department of Building Inspection.
F.
The
Building Inspector shall conduct such inspections from time to time
and shall maintain a record of all such inspections of all violations
of the Code. Before issuance of a certificate of use and occupancy,
an inspection shall be made, and all violations of the Code shall
be noted, and the owner/occupant shall be notified of the discrepancies.
G.
In
the discharge of his/her duties, the Building Inspector, or his/her
authorized representative, shall have the authority to enter at any
reasonable hour, any building, structure or premises to enforce the
provisions of the Code. In this regard the Building Inspector may
adopt a badge of office for himself/herself and his/her authorized
representatives which shall be displayed for the purpose of identification.
The assistance and cooperation of the Police Department and all other
municipal officials shall be available to the Building Inspector as
required in the performance of his/her duties. Requests may be made
from the Fire Protection District for assistance and cooperation if
needed.
[1]
Editor's Note — See note above to this Article.
[R.O. 2014 §500.350; Ord. No. 767 §18, 5-9-1996; Ord. No. 871 §17, 3-25-1999; Ord. No. 2113, 9-28-2023]
The owner or agent of any premises or structure, where a violation
of any provision of the Property Maintenance Code, 2018 Edition, has
been committed or shall exist, or the lessee or tenant of an entire
building or premises where such violation has been committed or shall
exist, or the general agent, architect, builder, contractor or any
other person who commits, takes part in or assists in any such violation
shall be guilty of a misdemeanor which shall be punishable by a fine
of not less than ten dollars ($10.00) nor more than fifty dollars
($50.00) for each and every day that such violation continues, and
if the violation be willful, upon the conviction thereof, the punishment
shall be a fine of not less than one hundred dollars ($100.00) nor
more than five hundred dollars ($500.00) for each and every day that
such violation shall continue, or by imprisonment for ten (10) days
for each and every day that such violation shall continue, or by both
such fine and imprisonment at the discretion of the court. Any person
who, having been served with an order to remove any violation, shall
fail to comply with said order from which no appeal has been taken,
within thirty (30) days after such service, or shall continue to violate
any provision under this Code in the respect named in such order,
shall also be subject to civil penalty of two hundred fifty dollars
($250.00) per day. The authorities of the City of Marshfield, Missouri,
may, in addition to other remedies, institute any appropriate action
or proceedings to prevent such unlawful maintenance or structure,
and to prevent the occupancy of said premises or structure, or to
prevent any act, conduct, business or use in or about such premises
or structure which violates the provisions of the Property Maintenance
Code, 2018 Edition, adopted herein.
[1]
Editor's Note — See note above to this Article.
