[Ord. No. 333, 1-4-2019]
The owners, lien holder or occupants of the property who have
been served with a notice pursuant to this Chapter, may appeal to
the City Official for additional time for repairs at least five (5)
days prior to the expiration of the original notice.
[Ord. No. 333, 1-4-2019]
The Building Inspector shall conduct a full and adequate hearing
upon the question of whether a public nuisance in fact exists. The
Building Inspector may amend or modify the notice, or extend the time
for compliance with the notice by the owner by such date as the Building
Inspector may determine.
[Ord. No. 333, 1-4-2019]
The owners, lien holder and occupants of the property, or their
representative or agents, of the subject property shall be given the
opportunity to present evidence to the Building Inspector in the course
of the hearing.
[Ord. No. 333, 1-4-2019]
Should the evidence support a finding that the building, structure
or condition constitutes a public nuisance, the Building Inspector
shall issue an order making specific findings of fact, based upon
competent and substantial evidence, which shows the building, structure
or condition to be a public nuisance and ordering the building, structure
or condition demolished, removed, repaired or otherwise abated by
the City.
[Ord. No. 333, 1-4-2019]
The Building Inspector, upon written application by the owner
at any time within the period after the notice has been served may
grant additional time for the owner to effect the abatement of the
public nuisance, provided that such extension is limited to a specific
time period.
[Ord. No. 333, 1-4-2019]
The costs of performance of the abatement order shall be certified
to the City Clerk who shall cause a special tax bill or assessment
therefore against the property to be prepared and collected by the
City Collector. If the building or structure is demolished, secured
or repaired by a contractor pursuant to the order issued by the Building
Inspector, such contractor may file a mechanic's lien against the
property where the dangerous building is located. The contractor may
enforce this lien as provided by Missouri State Law. Except as otherwise
provided in this Chapter, at the request of the taxpayer the tax bill
may be paid in installments over a period of not more than ten (10)
years. The tax bill from date of its issuance shall be deemed a personal
debt against the property owners and shall also be a lien on the property
until paid.
[Ord. No. 333, 1-4-2019]
The Board of Aldermen shall be vested with appeal authority. Orders of abatement by the Building Inspector may be appealed to the Board of Aldermen. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Section 507.270 of this Chapter.
[Ord. No. 333, 1-4-2019]
A.
In
those instances where the nuisance has been abated by the City, the
Board of Aldermen shall have discretion to waive some or all costs
of abating a nuisance, in whole or in part, if, in the course of the
hearing reviewing the decision, the Board of Aldermen finds that any
of the following did not conform to the provisions of this Chapter.
[Ord. No. 333, 1-4-2019]
If the judgment of the Board of Aldermen is not appealed to
the Circuit Court within thirty (30) days from the date of delivery
or mailing of notice, the judgment will be declared final per Missouri
Revised Statutes.
