[R.O. 2003 § 505.010; Ord. No.
16.609 Art. II (§ 505.010), 5-18-1993]
This Chapter shall be known as the "Minimum Housing Standards"
for the City of Marceline and which is herein referred to as "the
code," "Chapter" or "standards."
[R.O. 2003 § 505.020; Ord. No.
27.450 Art. I § 2, 11-15-1976]
The purpose of these standards is to provide minimum requirements
for the protection of life, limb, property, health, safety and welfare
of the general public and the owners and occupants of residential
structures.
[R.O. 2003 § 505.030; Ord. No.
27.450 Art. I § 3, 11-15-1976]
A.
Every residential structure and the premises on which it is situated
shall comply with these standards, whether or not such structure shall
have been constructed before or after the adoption of these standards.
B.
These standards apply to the initial and continued occupancy and
use of all residential structures.
[R.O. 2003 § 505.040; Ord. No.
27.450 Art. I § 4, 11-15-1976]
Any remodeling or additions to existing buildings will conform
to existing building codes of the municipality.[1]
[R.O. 2003 § 505.050; Ord. No.
27.450 Art. I § 5, 11-15-1976]
When a provision of these standards is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance
or code of the municipality existing on the effective date of these
standards, the provisions which establishes the higher standard shall
prevail.
[R.O. 2003 § 505.060; Ord. No.
16.609 Art. II (§ 505.060), 5-18-1993]
It shall be the responsibility of the Enforcement Official or
his/her designee to make inspections of all residential structures
and premises to safeguard the safety, health and welfare of the public.
Inspections may be made on any dwelling for which a written complaint
is filed by any person to the effect that the dwelling or building
is or may be in violation of the standards established herein. An
inspection shall be made when a residential structure or premises
becomes vacant and water service is disconnected. No occupancy permit
shall be issued, nor shall water service be resumed, until the residential
structure or premises meets these standards. Inspections may also
be made on initiative of the Building Inspection Department when it
is apparent that there is or may be a violation of the standards established
herein.
[R.O. 2003 § 505.070; Ord. No.
16.609 Art. II (§ 505.070) § 7, 5-18-1993]
Dwellings failing to comply with the standards as set forth
herein shall be declared public nuisances and shall be abated by cleaning,
repairing, reconditioning, vacating or demolishing, or treating for
infestation, as indicated by the City.
[R.O. 2003 § 505.080; Ord. No.
16.609 Art. II (§ 505.080), 5-18-1993]
A.
In the event the owner, operator or occupant shall refuse access
to any dwelling which is or may be in violation of the standards established
herein, the person authorized to make inspections may make application
to the Associate Circuit Judge for a search warrant to inspect such
dwelling. This warrant will be granted only if access has first been
refused.
B.
The issuance of the search warrant shall be governed by Chapter 542,
RSMo., as amended.
[R.O. 2003 § 505.090; Ord. No.
16.609 Art II (§ 505.090), 5-18-1993]
A.
Whenever the Enforcement Official determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of these standards, he/she will give notice of such alleged violation
to the person or persons responsible therefor. Such notice shall be
in writing and shall contain:
1.
The street and legal description of the premises.
2.
A listing of the conditions found which do not comply with the
standards.
3.
A statement of the action required by the City to correct the
violation within sixty (60) days.
4.
Service of notice shall be in person or by registered mail certified
return receipt requested.
5.
The Council of the City of Marceline, or a committee of two
(2) members appointed by the Mayor from among the members of the Council,
shall serve as a Board of Appeals.
6.
Persons so served with the above notification shall be entitled
to appear before the Board of Appeals within the sixty-day period
to show cause why they should not be forced to comply with the action
required by the City. Request to appear before the Board of Appeals
shall be made to the City Manager.
7.
In the event of emergencies, such as severe fire or storm damage
where immediate danger is apparent, the Enforcement Official shall
have the right to dispense with the sixty-day compliance period and
require immediate correction of unsafe conditions by the property
owner.
8.
The Board of Appeals shall convene as soon as conveniently possible
to hear the appeal of the person or persons aggrieved. The appeal
shall be conducted as an administrative hearing and governed by the
rules of procedure as set out in Chapter 536, RSMo., as amended.
9.
The Board of Appeals shall hear the evidence as presented by
the parties and make an appropriate order concerning the premises
which may include cleaning, repairing, reconditioning, vacating, demolishing,
treating for infestation or any combination of the above. The order
shall also specify the time within which the person or persons shall
comply with the order. The order shall be made in writing and delivered
to the parties.
10.
Any interested party aggrieved by the order of the Board of
Appeals may appeal to a court of competent jurisdiction as provided
Chapter 536, RSMo., as amended.
[R.O. 2003 § 505.100; Ord. No.
16.609 Art. II (§ 505.100), 5-18-1993]
Any person or persons who fail to comply with the notice of the Enforcement Official or, if an appeal is requested, with the order of the Board of Appeals, within the time specified in the notice or order, shall be deemed guilty of an ordinance violation and punishable as provided in Section 100.230 of the Municipal Code of the City of Marceline. Each day the person or persons shall refuse to comply with the notice or order shall constitute a separate offense.
