[R.O. 2008 §505.010; Ord. No. 6845 §§1 — 2, 7-10-2006]
Any building or structure which fails to meet the minimum standards as promulgated by the International Property Maintenance Code as established in Chapter 511 of this Code.
[R.O. 2008 §505.020; Ord. No. 6845 §§1 — 2, 7-10-2006]
Each "substandard building" is hereby declared to be a public
nuisance and shall be repaired, vacated and/or demolished as further
provided for herein.
[R.O. 2008 §505.030; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
The
following standards shall be followed in substance by the Code Enforcement
Officer and the Board of Code of Appeals in the ordering repair, vacation
and/or demolition of a substandard building:
1.
If the substandard building can reasonably be repaired so that it
will no longer exist in violation of the terms of this Chapter, it
shall be ordered repaired and all design, construction and workmanship
shall conform with accepted industry standards or the Housing Code
of the City of Maryville, whichever is most stringent. The order shall
require that all required permits be secured therefor and the work
physically commenced within such time (not to exceed thirty (30) days
from the date of the order) and completed within such time as the
Code Enforcement Officer shall determine as reasonable in all of the
circumstances (not to exceed one hundred eighty (180) days from the
date of the order).
2.
If the substandard building is in such condition as to make it dangerous
to the health, safety or welfare of its occupants, it shall be ordered
to be vacated and either repaired or demolished, as is appropriate
under the circumstances. The order shall require that the building
or structure shall be vacated within a certain time from the date
of the order as determined by the Code Enforcement Officer to be reasonable,
not to exceed thirty (30) days from the date of the order.
3.
If the substandard building is damaged, decayed or deteriorated by
fifty percent (50%) or more based upon value of the structure and
it cannot be restored or repaired so that it will no longer exist
in violation of the terms of this Chapter, it shall be demolished.
4.
If both the owner and all other persons having an interest in the
substandard building are unwilling to restore or repair the building
or structure, it shall be demolished.
5.
If the substandard building is a fire hazard existing or erected
in violation of any code or ordinance of the City or any Statute of
the State of Missouri, it shall be demolished.
[R.O. 2008 §505.040; Ord. No. 6845 §§1 — 2, 7-10-2006]
In any case where it reasonably appears that there is immediate
danger to the health, life or safety of any person or to any adjacent
property unless the substandard building, as defined herein, is immediately
repaired, vacated or demolished, the Code Enforcement Officer shall
report such facts to the Board of Code Appeals and such Board, by
resolution, may cause the immediate repair, vacation or demolition
of such substandard building. The costs of such emergency repair,
vacation or demolition of such substandard building shall be collected
in the same manner as provided by law.
[R.O. 2008 §505.050; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
The
Code Enforcement Officer shall have and perform the following duties:
1.
Notice of inspection. In the event the inspection
to be undertaken by the Code Enforcement Officer is an inspection
limited to the exterior of the building or structure, prior notice
to the owner of the building of the inspection shall not be required.
However, in the event said inspection includes an inspection of the
interior of the building or structure, notice in accordance with the
procedures of this Subsection shall be provided.
a.
Prior to conducting the interior inspection pursuant to this Section,
the Code Enforcement Officer shall make reasonable, diligent efforts
to provide the record owner of the building to be inspected forty-eight
(48) hours' notice in advance of the inspection and to inform the
owner of their right to accompany the Code Enforcement Officer during
the inspection. In the event the Code Enforcement Officer is unable
to provide the notice envisioned herein, the Code Enforcement Officer
may proceed to inspect the interior premises. However, the Code Enforcement
Officer shall document all attempts to provide notice to the owner.
b.
In the event an inspection involves an "emergency situation", wherein
it reasonably appears there is immediate danger to health, life or
safety of any person or any adjacent property, said inspection may
occur without the forty-eight (48) hours' notice in advance of the
inspection to the property owner. As used in this Section, the term "emergency situation" shall include the following:
(1)
Structural failure, including a roof, floor, stairs, foundation
having collapsed or in danger of collapse;
(2)
Electrical wiring failure, including complaints of "hot" wires,
sparks, shock, repetitive failure of fuses or repetitive failure of
circuit breakers;
(3)
Sewage back-ups, including chronic problems of sewage backing
up into the premises or the collection of methane gas in the dwelling
or noxious odors emanating from the sewer system;
(4)
Gas leaks, including natural gas odors in the premises or gas
appliances which are suspected of malfunction;
(5)
Mechanical failures, including elevators, which have malfunctioned
or which are in danger of malfunction;
(6)
Possession, maintenance or retention of hazardous materials
on the premises, including explosives and toxic chemicals;
(7)
A complaint which has been prompted by a serious injury occurring
on the premises;
(8)
Excessive infestation of rodents and/or insects;
(9)
Excessive accumulation of garbage or debris.
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In each instance, the Code Enforcement Officer shall document
the basis for concluding the existence of the emergency situation.
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2.
Inspection. The Code Enforcement Officer shall:
a.
Inspect or cause to be inspected, as often as may be necessary, all
residential, commercial, industrial institution, accessory, garage,
assembly, special or miscellaneous occupancy buildings for the purpose
of determining whether any conditions exist which render such place
to be a substandard building.
b.
Inspect any building, wall or structure about which complaints are
filed by any person alleging that such building, wall or structure
is or may be existing in violation of this Chapter.
3.
Determination and order.
a.
The Code Enforcement Officer shall set forth a description of the
building or structure deemed to be dangerous and a statement of the
particulars which made the building or structure a "substandard building".
b.
If the Code Enforcement Officer determines that the building or structure
is a substandard building which must be repaired, the order shall
require that all required permits be secured therefor and the work
physically commenced within a specific time not to exceed thirty (30)
days from the date of the order unless, in the judgment of the Code
Enforcement Officer, it is determined to be necessary to extend such
time to commence the required work. The order shall further require
that the work proceed continuously without unnecessary delay, so as
to complete said work within a reasonable time, but not to exceed
one hundred eighty (180) days.
c.
If the Code Enforcement Officer determines that the building or structure
is a substandard building which must be vacated, the order shall require
that the building or structure shall be vacated within a certain time
from the date of the order as determined to be reasonable by the Code
Enforcement Officer.
d.
If the Code Enforcement Officer determines that the building or structure
is a substandard building which must be demolished, the order shall
require that the building be demolished within such time as the Code
Enforcement Officer shall determine reasonable, but not to exceed
thirty (30) days from the date of the order and that all required
permits be secured therefor within thirty (30) days from the date
of the order.
e.
If the Code Enforcement Officer determines that the building or structure
is not a substandard building, then no order shall be issued.
4.
Posting of notice. Upon completion of the inspection of a building or structure and upon making a determination that said building or structure is a substandard building as defined in Section 505.010 herein, the Code Enforcement Officer shall post a notice on such building or structure which shall be substantially in the following form, but may include other information.
"This building has been found to be a substandard building by
the Code Enforcement Officer. This notice is to remain on this building
until it is repaired, vacated and repaired or vacated and demolished
in accordance with the notice which has been given the known owner,
occupant, lessee, mortgagee or agent of this building and all other
persons having an interest in such building as shown by the land records
of the Recorder of Deeds of Nodaway County. It is unlawful to remove
this notice until such notice is complied with. All persons are hereby
notified to keep out as long as this notice remains posted. Any persons)
willfully destroying, mutilating or removing this notice or entering
this structure will be prosecuted to the full extent of the law."
Provided however, that the posting of such notice shall not
be construed to deprive any person entitled thereto by this Chapter
to the notice and hearing as prescribed herein.
5.
Service of notice and order. The notice and order,
and any amended or supplemental notice and order, shall be served
upon the record owner of the substandard building and posted on the
property. Additionally, one (1) copy shall be served on each of the
following if known to the Code Enforcement Officer or disclosed from
the land records of the Recorder of Deeds of Nodaway County, Missouri:
6.
Method of service.
a.
Service of the notice and order shall be made upon all persons entitled
thereto either personally or by mailing a copy of such notice and
order by certified mail, postage prepaid, to each such person at his/her
address as it appears on the last equalized assessment roll of Nodaway
County or as known to the Code Enforcement Officer.
[Ord. No. 7211 §1, 5-10-2010]
b.
If no address of any such person so appears or is known to the Code Enforcement Officer, then notice shall be had by publication in a newspaper qualified to publish legal notices at least fourteen (14) days in advance of any hearing date, specifically addressed to the person for whom no address is known and all other persons having an interest in said building that has been found to be a "substandard building" within the standards set forth in Section 505.020 of this Chapter and shall set forth the requirements of the determination and order of the Code Enforcement Officer.
c.
The Code Enforcement Officer shall ensure that each person entitled
to notice pursuant to this Section is advised in writing of their
right to request a hearing and shall provide information concerning
the procedure therefore.
7.
Proof of service. If service is obtained by personal
service, proof of service of the notice and order shall be certified
as to the time of service by a written declaration executed by the
person effecting service, declaring the time, date and manner in which
service was made. This declaration, together with any receipt verification
in acknowledgement of receipt by certified mail, shall be affixed
to the copy of the notice and order retained by the Code Enforcement
Officer.
[Ord. No. 7211 §1, 5-10-2010]
8.
Failure of service. The failure of the Code Enforcement
Officer to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any other person duly served,
nor shall it relieve any such person from any duty or obligation imposed
by the provisions of this Section.
9.
Report. The Code Enforcement Officer shall make
a report in writing to the Board of Code Appeals for any non-compliance
with the notice and order to vacate, repair and/or demolish.
10.
Appearance. The Code Enforcement Officer shall appear
at all hearings conducted by the Board of Code Appeals pursuant to
this Chapter and shall testify as to the condition of substandard
buildings.
[R.O. 2008 §505.060; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
Appeal. Any person entitled to service of the notice and
order of the Code Enforcement Officer may appeal from any such notice
and order or any other action of the Code Enforcement Officer under
this Chapter by filing at the office of the Department of Public Works
a written appeal containing:
1.
A heading in the words: "Before the Board of Code Appeals of the
City of Maryville, Missouri. . . ".
2.
A caption reading: "Appeals of. .......... " giving the names of
all appellants participating in the appeal.
3.
A brief statement setting forth the legal interest of each of the
appellants in the building or the land involved in the notice and
order.
4.
A brief statement in ordinary and concise language of that specific
order or action protested, together with any material facts claimed
to support the contentions of the appellant. Only those matters or
issues specifically raised by the appellant shall be considered in
the hearing of the appeal.
5.
A brief statement in ordinary and concise language of the relief
sought and the reasons why it is claimed the protested order or action
should be reversed, modified or otherwise set aside.
6.
The signatures of all parties named as appellants and their official
mailing addresses.
7.
The verification by declaration under penalty of perjury of at least
one (1) appellant as to the truth of the matters stated in the appeal.
B.
Fees. The fee for such appeal shall be one hundred twenty-five
dollars ($125.00) and shall accompany the application for appeal.
The application fee shall not be refundable.
C.
Timing Of Appeal. The appeal shall be filed within thirty (30) days from the date of the service of such notice and order or action of the Code Enforcement Officer. However, if the building or structure is in such condition as to make it immediately dangerous to the health, life or safety of any person or any adjacent property as defined in Section 505.020 and is ordered vacated and is posted in accordance with Section 505.050(4), such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Code Enforcement Officer.
D.
Stay Of Order. Except for orders to vacate the premises made pursuant to Section 505.040, enforcement of any notice and order of the Code Enforcement Officer issued under this Chapter shall be stayed during the pendency of a properly and timely filed appeal.
E.
Failure To Appeal. Failure of any person to file an appeal
in accordance with the provisions of this Section shall constitute
a waiver of the right to request an administrative hearing and adjudication
on the notice and order or to any portion thereof.
[R.O. 2008 §505.070; Ord. No. 6845 §§1 — 2, 7-10-2006]
The provisions of the Municipal Code of the City of Maryville, establishing a Board of Code Appeals, is hereby adopted by reference and made a part of this Section as completely as if fully set out herein, with the duties and powers as set forth in Section 505.080 herein in addition to all other powers, duties and responsibilities referred to in Chapter 110, Article III of Title I of the Municipal Code of the City of Maryville.
[R.O. 2008 §505.080; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
The
Board of Code Appeals shall have and perform the following duties
pursuant to this Chapter:
1.
Date of hearing. As soon as practicable after receiving the written appeal under Section 505.060 or after the receipt of the report of the Code Enforcement Officer pursuant to Section 505.050, the Board of Code Appeals shall fix a date, time and place for the hearing. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the office of the Department of Public Works or from the date the Code Enforcement Officer filed the report with the Board, whichever is applicable, unless continued by the Board of Code Appeals for good cause shown.
2.
Notice. The notice shall be substantially in the
following form, but may include other information:
"You are hereby notified that a hearing will be held before
the Board of Code Appeals at . . . on the . . . day of. . . 20. .
., at the hour. . ., related to the property described as. . . , to
show cause why the building or structure reported to be a substandard
building should not be repaired, vacated and/or demolished in accordance
with the state of particulars set forth in the Code Enforcement Officer's
notice as provided for in this Chapter. You maybe present at the hearing.
You may present any relevant evidence and will be given full opportunity
to cross-examine all witnesses testifying against you."
Said notice shall advise the recipient of the procedures involved
in the hearing pursuant to this Section.
3.
Service of notice. Written notice of the time and
location of the hearing and any amended or supplemental notice shall
be served upon each appellant and/or the record owner of the substandard
building. Additionally, one (1) copy shall be served on each of the
following if known to the Board of Code Appeals or disclosed from
the land records of the Recorder of Deeds of Nodaway County, Missouri:
a.
The holder of any mortgage, deed of trust or other lien or encumbrance
of record;
b.
The owner or holder of any lease of record;
c.
The holder of any other estate or legal interest of record in or
to the building or the land on which it is located; and
d.
Any tenant in possession of the premises.
4.
Method of service.
[Ord. No. 7537 §1, 6-24-2013]
a.
Service of the notice of the hearing shall be made upon all
persons entitled thereto either personally or by mailing a copy of
such notice by certified mail, postage prepaid, return receipt requested,
to each such person at his/her address as it appears on the last equalized
assessment roll of Nodaway County or as known to the Board of Code
Appeals. If served personally, personal service shall be made no less
than fourteen (14) days prior to the hearing date. If served by mailing
a copy by certified mail, the certified mailing shall be delivered
to a United States Post Office mailbox at least twenty-one (21) days
prior to the hearing date.
b.
If no address of any such person so appears or is known to the
Board of Code Appeals, then notice shall be given by publication in
a newspaper qualified to publish legal notices at least fourteen (14)
days prior to the hearing date, specifically addressed to the person
for whom no address is known and other persons having an interest
in said building, to appear before the Board of Code Appeals on the
date specified and to show cause why the structure or building reported
to be a substandard building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Code
Enforcement Officer's notice or decision. Said notice shall notify
the recipient of the procedures involved in the hearing pursuant to
this Section.
5.
Proof of service. If service is obtained by personal
service, proof of service of the notice and order shall be certified
as to the time of service by a written declaration executed by the
person effecting service, declaring the time, date and manner in which
service was made. This declaration, together with any receipt card
returned in acknowledgment of receipt by certified mail, shall be
affixed to the copy of the notice and order retained by the Board
of Code Appeals.
6.
Failure of service. The failure of the Board of
Code Appeals to serve any person required herein to be served shall
not invalidate any proceedings hereunder as to any other person duly
served or relieve any such person from any duty or obligation imposed
by the provisions of this Section.
7.
Hearing. Upon receipt of the report of the Code
Enforcement Officer or a duly filed appeal and after having given
the required notice, the Board of Code Appeals shall hold a full and
adequate hearing and hear such relevant testimony as the Code Enforcement
Officer, any appellant, the record owner and any other person entitled
to service of notice shall offer relative to the substandard building.
8.
Decision. Upon conclusion of the hearing, the Board
of Code Appeals shall make written findings of fact based upon competent
and substantial evidence offered at the hearing as to whether or not
the building in question is a substandard building and:
a.
If the evidence supports a finding that the building or structure
is a substandard building detrimental to the health, life or safety
of any person or to any adjacent property, the Board of Code Appeals
shall issue an order based upon the findings of fact commanding the
appellant and/or record owner, as well as any other person entitled
to notice of the hearing, to vacate and ordering the demolition of
the building or structure.
b.
The appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, shall have the privilege of either
repairing or vacating and repairing said building, if such repair
will bring such building into compliance with the ordinances and codes
of the City of Maryville, provided that such repair is completed within
sixty (60) days of the order being entered by the Board of Code Appeals.
c.
The appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, shall have the privilege of vacating
and demolishing said substandard building at their own risk to prevent
the City of Maryville from acquiring a lien against said land on which
the substandard building is located, provided that such demolition
is completed within sixty (60) days of the order being entered by
the Board of Code Appeals.
d.
If the evidence does not support a finding that the building or structure
is a substandard building, then no order shall be issued.
e.
The findings of fact shall be in writing and shall contain findings,
a determination of the issues presented and an order as to any requirements
to be satisfied. A copy of the decision shall be personally delivered
to the appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, or shall be sent by certified mail,
postage prepaid, return receipt requested to each such person. The
effective date of the decision shall be as stated therein.
[R.O. 2008 §505.090; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
Non-Compliance. If compliance is not had with the order
of the Board of Code Appeals within the time provided and no appeal
is properly and timely filed, a certificate shall be filed in the
Recorder's office of Nodaway County, Missouri, certifying:
B.
Subsequent Compliance. In the event that, subsequent to
the filing of the certificate of substandard building, the corrections
ordered shall be completed or the building demolished so that the
building or structure no longer exists as a substandard building on
the property described in the certificate, a new certificate shall
be filed in the Recorder's office of Nodaway County, Missouri, certifying
that the building is no longer a substandard building.
[R.O. 2008 §505.100; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
Non-Compliance. If within sixty (60) days, the record owner,
appellant or any other person entitled to service of notice pursuant
to Section 505.080(3) fails to comply with the decision and order
of the Board of Code Appeals, the Code Enforcement Officer shall so
advise the City Manager who shall cause such building or structure
to be repaired, vacated and/or demolished as the facts may warrant.
B.
Tax Bill.
1.
Whenever the City shall have caused repair or demolition work to be completed as provided in Chapter 540 of the Municipal Code of the City of Maryville, the Director of Public Works shall certify the costs of the repair or demolition work to the City Clerk who shall cause a special tax bill to be issued against the lot, tract or parcel of land until paid and shall cause the same to be registered in the Office of the Recorder of Nodaway County and to be mailed by certified mail to all owners of record of the property. The tax bill shall be collected by the official collecting taxes.
2.
Upon written request of the taxpayer delivered to the City Clerk
within thirty (30) days after completion of the demolition or repair
work, a tax bill for demolition of a building or structure may be
paid in ten (10) equal, annual installments, which installments, with
interest thereon to date on the unpaid balance, shall be due annually
on the anniversary of the date of issuance of the bill. Interest shall
be paid at the maximum rate per annum allowable by law on the unpaid
balance of the special assessment computed from the date of issuance.
If any annual payment of principal or interest shall not be paid within
thirty (30) days of its due date, the entire remaining balance of
the tax bill shall immediately become due and payable.
3.
If said request for the payment plan is not made within thirty (30)
days after the completion of the repair or demolition work, then the
entire tax bill shall be payable within sixty (60) days of issuance
with interest thereon.
4.
Tax bills so issued shall be prima facie evidence of the validity
of the bill, the doing of the work and the liability of the property
for the damages stated in the bill if default should occur, said amounts
shall be collected by suit brought in a court of competent jurisdiction
by the City Attorney on behalf of the City.
[R.O. 2008 §505.110; Ord. No. 6845 §§1 — 2, 7-10-2006]
Within thirty (30) days from their receipt of the order of the Board of Code Appeals, any person entitled to notice pursuant to Section 505.080 as to a substandard building may appeal such decision to the Circuit Court of Nodaway County pursuant to the procedure established in Chapter 536, RSMo.
[R.O. 2008 §505.120; Ord. No. 6845 §§1 — 2, 7-10-2006]
A.
It
shall be a violation of this Chapter to:
1.
Fail to comply with an order to repair, vacate and/or demolish any
building or structure which has been determined to be maintained in
violation of the provisions of this Chapter, issued by the Code Enforcement
Officer, unless an active appeal is pending thereon; or
2.
Fail to diligently and timely repair any building or structure which
has been determined to be maintained in violation of the provisions
of this Chapter, as determined by the Board of Code Appeals, unless
an active appeal is pending thereon; or
3.
Fail to proceed continuously with the repair or demolition of any
building or structure determined to be in violation of this Chapter
unless an active appeal is pending thereon; or
4.
Fail to comply with an order to repair, vacate or demolish any building
or structure issued by the Board of Code Appeals unless an active
appeal is pending thereon; or
5.
Remove, deface or mutilate the notice placed on any building or structure;
or
6.
Violate any provision of this Chapter.
B.
Any
person who shall violate any provision of this Chapter or fails to
comply with any of the provisions or requirements thereof shall be
punished by a fine not to exceed five hundred dollars ($500.00) or
be imprisoned for a term not to exceed ninety (90) days or both such
fine and imprisonment. Each day that a violation continues after notice
has been issued shall be deemed a separate offense.
C.
The
imposition of the penalties herein prescribed shall not preclude the
City from additionally instituting appropriate action to restrain,
correct or abate a violation, to prevent illegal occupancy of a building,
structure or premises, to stop an illegal act, conduct business or
utilization of the building, structure or premises or take any other
act as allowed by law in addition to the penalties prescribed herein.
[R.O. 2008 §505.130; Ord. No. 6845 §§1 — 2, 7-10-2006]
The City Attorney shall prosecute all persons failing to comply
with the terms of the notices and orders provided for herein; appear
at all hearings before the Board of Code of Appeals pursuant to this
Chapter; bring suit to collect all municipal liens, assessments or
costs incurred by the City in the repairing or demolishing of substandard
buildings; and take all such other legal actions as are necessary
to carry out and enforce the terms and provisions of this Chapter.
[R.O. 2008 §505.140; Ord. No. 6845 §§1 — 2, 7-10-2006]
No officer, agent, board, commission or employee of the City
shall render themselves personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of their duties under this Chapter. Any suit brought
against any officer, agent, board, commission or employee of the City
as a result of any act required or permitted in the discharge of their
duties under this Chapter shall be defended by the City Attorney until
the final determination of the proceedings therein.
