The
following Sections are hereby revised:
Section 101.1 Insert: City of Pine Lawn.
Section 103.6 Insert: Appendix A — Schedule
of Fees.
Section 107.6 Add a new Section to read as
follows: If the owner, occupant, mortgagee, or lessee fails to comply
with the order within thirty (30) days, the Building Commissioner
shall cause such building or structure to be repaired, vacated or
demolished and the property cleaned up as the facts may warrant; and
the Building Commissioner shall certify the cost of the work borne
by the City of Pine Lawn for such repair, vacation or demolition or
cleaned up to the City Clerk as a special assessment represented by
a special tax bill against the real property affected; said tax bill
shall be a lien upon such property and shall be deemed a personal
debt against the property owner(s) unless the building or structure
is demolished, secured or repaired by a contractor pursuant to an
order issued by the City of Pine Lawn and such contractor files a
mechanic's lien against the property where violation(s) occur. The
contractor may enforce this lien as provided in Sections 429.010 to
429.360, RSMo. Except as provided in Section 107.7 of this Section,
at the request of the taxpayer this special tax bill may be paid in
installments over a period of not more than ten (10) years; said assessment
shall bear interest at the rate of eight percent (8%) per annum until
paid.
Section 107.7 Add a new Section to read as
follows: As to damage or loss to a building or other structure by
or arising out of any fire, explosion or other casualty loss, if an
order is issued by the Code Official as provided in Section 107.6,
and a special tax bill or assessment is issued against the property,
it shall be deemed a personal debt against the property. 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, the
following procedure is established for the payment of up to twenty-five
percent (25%) of the insurance proceeds as set forth in Subdivisions
(a) and (b) of the Section. This Subsection shall apply only to a
covered claim payment that is in excess of fifty percent (50%) of
the face value of the policy covering a building or other structure:
a. The insurer shall withhold from the covered claim payment
up to twenty-five percent (25%) of the covered claim payment and shall
pay such monies to the City of Pine Lawn to deposit into an interest-bearing
account. Any named mortgagee on the insurance policy shall maintain
priority over any obligation under this Chapter.
b. The City of Pine Lawn shall release the proceeds and any
interest that has accrued on such proceeds received under Subdivision
(a) of this Subsection to the insured or as the terms of the policy
and endorsements thereto provide within thirty (30) days after the
receipt of such insurance monies, unless the City of Pine Lawn has
instituted legal proceedings of 107.6 of this Section. If the City
of Pine Lawn has proceeded under the provisions of 107.6 of this Section,
all monies in excess of that necessary to comply with the provisions
of 107.6 of this Section for removal, securing, repair and clean up
of the building or structure and the lot on which it is located, less
salvage value, shall be paid to the insured.
Section 107.8 Add a new Section to read as
follows: If there are no proceeds of any insurance policy as set forth
in 107.7 of this Section, 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 the date of its issuance shall be a
lien on the property and a personal debt against the owner(s) until
paid.
Section 107.9 Add a new Section to read as
follows: Section 107.7 of this Section shall apply to fire, explosion
or other casualty loss claims arising on all buildings and structures.
Section 107.10 Add a new Section to read as
follows: Section 107.7 of this Section does not make the City of Pine
Lawn a party to any insurance contract, and the insurer is not liable
to any party for any amount in excess of the proceeds otherwise payable
under its insurance policy.
Section 107.11 Add a new Section to read as
follows: The Building Commissioner may certify in lieu of payment
of all or part of the covered claim under Section 107.7 that it has
obtained satisfactory proof that the insured has removed or will remove
the debris and repair, rebuild or otherwise make the premises safe
and secure. In this event, the Building Commissioner shall issue a
certificate within thirty (30) days after the receipt of proof to
permit covered claim payment to the insured without the deduction
pursuant to Section 107 of this Section. It shall be the obligation
of the insured or other person(s) making a claim to provide the insurance
company with the written certificate provided from this Section.
Section 303.14 Insert: April and October 1.
Section 602.3 Insert: October 1 and May 1.
Section 602.4 Insert: October 1 and May 1 Where
required, insert appropriate information.