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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 500.090; Ord. No. 2694-09 § 1, 3-3-2009; Ord. No. 2863-13 § 1, 1-15-2013]
A. 
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Smithville, being marked and designated as the 2012 International Property Maintenance Code, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Smithville 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 2012 Property Maintenance Code 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 Section 500.095.
B. 
Violations And Penalties.
1. 
For any violation of the code adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days or by both such fine and imprisonment.
2. 
A separate offense shall be deemed committed upon each day during or on which a violation of this Code or any other City ordinance, rule, regulation, notice or order promulgated pursuant thereto, occurs, or continues, unless otherwise provided.
[R.O. 1991 § 500.095; Ord. No. 2694-09 § 1, 3-3-2009; Ord. No. 2721-09 § 1, 7-7-2009; Ord. No. 2731-09 § 1, 10-20-2009; Ord. No. 2863-13 § 1, 1-15-2013]
A. 
The following Sections of the 2012 International Property Maintenance Code are hereby revised:
1. 
Section PMC101.1 Insert: City of Smithville.
2. 
Section PMC103.5 Delete.
3. 
Section PMC110.3 is hereby deleted and replaced as follows:
110.3.1 Hearings, Notice. When any property has been declared a dangerous building by the code official, the code official shall provide notice to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the Recorder of Deeds of Clay County of a hearing before the Building Commissioner. That notice shall include the code official's findings and supporting his/her determination that such building is dangerous.
110.3.2 Building Commissioner, Duties. The Building Commissioner shall be the City Administrator of the jurisdiction and shall schedule a hearing a minimum of 10 days following such notice provided in Section 110.3.1 At said hearing, the Building Commissioner shall review the code official's findings, and take all evidence from interested parties concerning such findings. After such hearing, the Building Commissioner shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety, or welfare of the residents of the City and ordering the building or structure to be demolished and removed, repaired or cleaned up. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the City, no order shall be issued.
110.3.3 Appeal Of The Decision Of The Building Commissioner. Any person entitled to service under these provisions may appeal from the decision of the Building Commissioner as to the abatement of a dangerous building, to the Circuit Court of Clay County not later than thirty (30) days after the written decision of the Building Commissioner is adopted and issued.
110.3.4 Failure To Comply.
If the owner fails to comply with an Order to Demolish or Repair within the time frame established in such order, the jurisdiction may demolish, secure, repair or clean up such property either itself, or through a contractor. If the jurisdiction completes such work, it shall cause a special tax bill or assessment against the property to be prepared and collected according to law. If the work is completed by a contractor on behalf of the jurisdiction, and the contractor files a mechanic's lien in accordance with State law, then no such tax bill shall be issued. The tax bill may, upon request of the owner, be paid in installments over a period of not more than ten (10) years.
110.3.5 Insurance Proceeds From Damage Or Loss.
If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment ten percent (10%) of the covered claim payment, and shall pay that amount to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. If a special tax bill of assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the monies held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of the Chapter. If the City has proceeded under the provisions of this Chapter, all monies in excess of that necessary to comply with provisions of this Chapter, for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part of the covered claim payment under this Section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in the Subsection.
No provision of the Section shall be construed to make the City a party to any insurance contract.
4. 
Section PMC111 Delete the entire provision and replace with the following:
Section 111 Means Of Appeal. All appeals of orders, decisions or determinations made by the building official, except those governed by Section 110.3 above, relative to the application of this code, all appeals shall be heard and governed by the provisions of Section 400.625 et seq. of this Code.
5. 
Section PMC112.4. Insert "One dollar" and "Five hundred dollars."
6. 
Section PMC302.4 Weeds. Insert 7 inches in all residentially zoned ground with an approved final plat and all commercial and industrial ground, if a structure is located on the lot.
16 inches on all undeveloped ground without structures that is adjacent to ground with an occupied structure, but only for the first 30 feet from the property line or 50 feet from the adjacent residential structure, whichever is less.
16 inches on all agricultural zoned ground without crops that is adjacent to ground with an occupied structure, but only for the first 30 feet from the property line or 50 feet from the adjacent residential structure, whichever is less. Hay and grass shall constitute a crop if, and only if, it is regularly harvested. If not regularly harvested, then such hay or grass shall not constitute a crop for purposes of this Section.
7. 
Section 302.7 Delete the entire provision and replace with the following:
All accessory structures, including, but not limited to, detached garages, fences, walls and dumpster or trash enclosures, shall be maintained structurally sound and in good repair. Additionally, the access doors to all dumpster or trash enclosures shall be securely fastened at all times, except when being used to load or unload trash.
8. 
Section PMC304.14. Date March 15 — November 15.
9. 
Section PMC602.3. Date October 1 — April 1.
10. 
Section PMC602.4 Date October 1 — April 1.