[Ord. No. 2010-12 §1, 3-10-2010]
A. 
A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Pine Lawn, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Pine Lawn in the State of Missouri for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Pine Lawn are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) hereof and Appendix A of this Chapter.
B. 
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.