[R.O. 1991 § 500.090; Ord. No. 2694-09 § 1, 3-3-2009; Ord. No. 2863-13 § 1, 1-15-2013; Ord.
No. 3077-20, 11-2-2020]
Certain documents, three (3) copies of which are on file in the office of the City Clerk of the City of Smithville, being marked and designated as the 2018 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 2018 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.
[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; Ord. No. 3077-20, 11-2-2020]
A.
The
following Sections of the 2018 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 ten (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 or 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 ($1.00)" and "Five hundred
dollars ($500.00)."
6.
Section PMC302.4 Weeds. Insert seven (7) inches.
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.
Add a new Section 302.10 Parking. All motor vehicles, trailers,
recreational vehicles or boats shall be parked or stored on an approved
parking surface. Approved parking surfaces are only those surfaces
that consist of one of the following: four-inch-thick asphalt or Portland
concrete area that encompasses the entire area under the vehicle,
trailer, etc., or a six-inch gravel base that encompasses the entire
area under the vehicle, trailer, etc.
9.
Section PMC304.14. Date March 15-November 15.
10.
Section PMC602.3. Date October 1-April 1.
11.
Section PMC602.4 Date October 1-April 1.
