City of Sikeston, MO Property Maintenance Code

[1]

Editor's Note: This ordinance also repealed former Section 500.570, Adoption of Property Maintenance Code, adopted 7-19-1995 by Ord. No. 5056, and former Section 500.580, Additions, Insertions and Changes, adopted 7-19-1995 by Ord. No. 5056, as amended 2-4-2010 by Ord. No. 5803.

[Ord. No. 5943 §IV, 11-4-2013; Ord. No. 6250, 12-6-2021]

The following sections are hereby revised as follows:

In Section [A] 101.1 Title (page 1, second line), insert: "City of Sikeston, Missouri."

In Section [A] 103.5, Fees (page 2, third line), insert: "at completion of work."

In Section [A] 104.1, General (page 2, ninth line), insert: "Duties of Inspectors: Inspectors shall have the following duties and responsibilities:

Inspect all structures, when so directed by the Code Official, for the purpose of determining the existence of unsafe or unhealthful conditions and to determine compliance with any orders issued.

Report to the Code Official, in writing, any conditions which may cause a structure to be deemed detrimental to the health, safety or welfare of the residents and report non-compliance with any orders issued.

Appear and testify at hearings regarding structures which the inspector has inspected."

Amend Section [A] 106.5 Abatement of violation, insert: "Tax bill for cost of work by the City. The City Manager or his/her designee shall certify the cost of any work done by the City to abate a nuisance and the cost of recording the hearing to the City Clerk who shall cause a special tax bill or assessment for such costs to be issued against the lot, tract or parcel of land upon which the building or structure constituting the public nuisance is or was located.

. Lien. The special tax bill shall be a lien on such real estate from the date of issuance until the same is paid and shall be registered in the office of the City Collector in a book kept for such purposes.

Payment due with interest. The tax bill shall be due and payable sixty (60) days after its date of issuance and shall bear interest at the rate of eight percent (8%) per annum from date of issuance until paid.

Annual payments upon request. At the written request of the taxpayer, which request shall be made prior to the date the City Manager or his/her designee certifies the cost to the City Clerk, the tax bill may be paid in equal annual installments over a period of not more than ten (10) years, with the unpaid balance of the tax bill to bear interest at the rate of eight percent (8%) per annum from the date of issuance until paid. If any installment shall not be paid within thirty (30) days after the same becomes due, then the entire balance of the tax bill and all accrued interest thereof shall become due and payable immediately.

Collection. If any tax bill is not paid when the same becomes due or if default is made in payment of any installment as provide in Subsection (3) hereinabove, then the City Counselor hereby is authorized to bring suit on behalf of the City in a court of competent jurisdiction to collect such tax bill. Tax bills issued under this Section shall be prima facie evidence of the validity of the bill, of the work being done and of the liability of the property for the charges stated in the bill. Any judgment entered in such suit in favor of the City may be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and costs of sale."

Amend Section [A] 107.3.1, Method of service, to read: "The notice of declaration of nuisance and pre-hearing order shall be served on the affected parties, consisting of owner, occupants, lessee, mortgagee, agent and all persons having an interest in the property, all as shown by the records of the County Recorder of Deeds. The notice may be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by publication at least once for three (3) consecutive weeks in a newspaper of general circulation in the City of Sikeston. Publication shall give the affected parties at least twenty-one (21) days' notice from the first date of publication to respond to the notice of condemnation."

Amend Section PM 107.3.2 Notice of hearing, to read: "If the affected parties fail to commence work on repairs or complete demolition within the time specified or fail to proceed continuously with the work without unnecessary delay, the Code Official shall call a hearing upon the matter, giving the affected parties ten (10) days' written notice of the hearing. Notice of hearing may be served personally or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then by publication at least once for two (2) consecutive weeks in a newspaper of general circulation in the City of Sikeston."

Amend Section PM 107.3.3 Hearing, to read: "The City Manager or his/her duly designated representative shall conduct a full and adequate hearing. Any affected party may be represented by counsel, and all affected parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the structure is a nuisance and detrimental to the health, safety or welfare of the residents of the City of Sikeston, the City Manager shall issue a post-hearing order making specific findings of facts, based on competent and substantial evidence and order the structure to be demolished and removed or repaired. The post-hearing order shall be served in the same manner as the notice of declaration of nuisance and pre-hearing order. The post-hearing order shall contain a date certain for completion of the required action."

Amend Section PM 107.3.4 Upon failure to obey post-hearing order, to read: "If any post-hearing order of the City Manager or his/her designee is not obeyed and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this Article within thirty (30) days after issuance of any such order, a Code Official shall cause such structure to be vacated and repaired or demolished as provided in the post-hearing order. The Code Official shall certify the cost for such action, including all administrative costs, to the City Clerk who shall cause a special tax bill against the property to be prepared, filed and collected. Said tax bill shall be a lien upon said property. Said lien shall bear interest set by the Missouri Division of Finance on the date the lien is filed. The City Counselor will review to insure all references to special tax bills/liens are in compliance with Missouri Statutes."

In Section [A] 108.1 General (page 4) insert: "Insurance proceeds withheld. 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 and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedure shall apply:

Fifteen percent (15%) withheld to secure abatement costs. The insurer shall withhold from the covered claim payment fifteen percent (15%) of the covered claim payment and shall pay that amount to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the monies held by the City shall be applied towards payment of the special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsements thereto, provide.

Proceeds released. The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after completion of work. If the City has proceeded under the provisions of Section 500.770, all monies in excess of that necessary to comply with the provisions of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.

Certificate in lieu of payment. The City may certify that, in lieu of payment of all or part of the covered claim payment under this Section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this Subsection.

City not party to insurance contract. No provision of this Section shall be construed to make the City a party to any insurance contract.

City Clerk to deliver notice to Director of Insurance. The City Clerk hereby is authorized and directed to deliver notice, consisting of a certified copy of this Section, to the Missouri Director of Insurance within fourteen (14) days after the adoption of this Section in compliance with Statute Section 67.412, RSMo., 1984."

10.

Amend Section [A] 112.4, Failure to comply, to read: "Any person who shall violate any provision of the code adopted in this Article or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan of or directive of the Code Official, or of a permit or certificate issued under the provision of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense."

11.

Amend Section 202.1 Definitions general, to read: "Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this Chapter in addition to the definitions found in the City of Sikeston Municipal Code, Title V, Building and Construction, Article IX, Property Maintenance Code."

12.

In Section 202 General definitions, insert:

CURRENTLY UNREGISTERED MOTOR VEHICLE

A motor vehicle which is not currently registered with the Missouri Department of Revenue by the owner thereof.

CUSTODIAN

Any person who exercises care, custody, or control over real or personal property.

JUNKED MOTOR VEHICLE

Any motor vehicle which is partially dismantled, wrecked or disabled and which cannot safely or legally be operated on the thoroughfares, highways, roads, streets, avenues, boulevards, parkways, or alleys in the State of Missouri.

MOTOR VEHICLE

Any self-propelled land vehicle used for towing or transporting people or materials, excluding farm machinery.

MOTOR VEHICLE ACCESSORIES

Any part or parts of any motor vehicle.

PERSON

Any individual, firm, partnership, business, or corporation.

PRIVATE PROPERTY

Any real property within the City of Sikeston which is not owned by the Federal, State, County or municipal government or any subdivision thereof.

13.

Amend Section 302.3, Sidewalks and driveways, amend to read as follows: "Sidewalks, Driveways and Parking Areas. All sidewalks, walkways, stairs, driveways, parking spaces, parking lots, parking areas and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions and missing surface materials."

14.

Amend Section 302.4, Weeds (page 11, paragraph 1), to read: "All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches (25 mm). All noxious weeds shall be prohibited. 'Weeds' shall be defined as all grasses, annual plants, and vegetation, other than trees and shrubs, provided, however, this term shall not include cultivated flowers and gardens. This includes the maintenance of weeds (as defined above) in the area between the edge of street (including the curb) and the property line (more commonly known as "right-of-way") in all zones, including agricultural. It is provided, however, that the City shall mow some areas as identified and prioritized by the City of Sikeston for safety and/or maintenance purposes.

From time to time, debris, including weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds [which are more than ten (10) inches in height], rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, flammable material and material which is unhealthy or unsafe are left or permitted to remain on lots and land within the City.

The conditions aforesaid are considered and declared to be public nuisances, and the maintenance of same is hereby determined to be unlawful and abatable by the owner and unlawful.

Should a property owner fail to begin removing such nuisance within ten (10) days of receiving notice that the nuisance has been ordered removed or to pursue the removal of such nuisance without unnecessary delay, the City Manager or his/her designated officer shall cause the condition which constitutes the nuisance to be removed. If the designated officer causes the condition to be removed or abated, the cost of such removal shall be certified to the City Clerk who shall cause the certified cost thereof to be included in a special tax bill or added to the annual real estate tax bill for the property, and such certified cost shall be collected by the City Collector in the same manner and procedure for collecting real estate taxes.

If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill, from its date of issuance, shall be deemed a personal debt of the owner and a lien on the property which was declared a nuisance until paid."

15.

In Section 302.8, Motor vehicles (page 11, seventh line), insert: "Whenever the City Manager or his/her duly authorized representative determines that a motor vehicle or motor vehicle accessories are being maintained in violation of this code, notice of said violation shall be directed to the owner of said motor vehicle or motor vehicle accessories and, if the violation has occurred on private property where the same is being unlawfully maintained, notification will be made in person, or a representative shall affix a copy of said notice to said motor vehicle or motor vehicle accessories. Said notice shall advise the owner of said motor vehicle or motor vehicle accessories, and, if required, the owner, custodian or occupant of the private property to abate said violation within ten (10) days from the date on said notice.

It shall be unlawful for the owner of any junked motor vehicle or motor vehicle accessories or any owner, occupant, or custodian of any private property to maintain or allow to remain on said private property any junked motor vehicle or motor vehicle accessories or to allow same to remain upon any public thoroughfare, highway, road, street, alley, avenue, boulevard, or parkway.

It shall be unlawful for the owner, occupant, or custodian of any private property to maintain or allow to remain on said private property any currently unregistered and/or unlicensed motor vehicles or any motor vehicle which is in a state of disrepair; provided, however, that the owner of such private property may maintain on said private property one (1) motor vehicle which is not in a state of disrepair and for which the vehicle's registration is not more than six (6) months out-of-date."

16.

In Section PM 302.8.1, insert: "Notice when owner or custodian cannot be found. When any of the persons entitled to receive the notice provided for in Section 302.8 cannot be located, mailing of said notice and affixing a copy of same to said vehicle or motor vehicle accessories shall be sufficient notice."

17.

In Section 302.8.2, Abatement, insert: "If not removed within the time specified in the notice, the motor vehicle or motor vehicle accessories maintained in violation of Section 302.8 above may be transported to a storage area by or at the direction of the City Manager or his/her duly authorized representative at the expense of the owner of the said motor vehicle or motor vehicle accessories. The wrecker service will become the responsible party for the motor vehicle or motor vehicle accessories according to State Statutes.

When any currently unlicensed and/or unregistered motor vehicle and/or junked motor vehicle or any motor vehicle in a state of disrepair is left unattended upon any thoroughfare, highway, road, street, avenue, boulevard, parkway or alley in a manner constituting an obstruction to traffic, the officers of the Department of Public Safety are authorized to remove such vehicle or cause such motor vehicle to be removed to a garage or other place of safety and shall notify the City Manager or his/her duly authorized representative of said removal."

18.

Delete Section 304.14 Insect screens (page 13).

19.

Amend Section 308.1 Accumulation of rubbish or garbage (page 15), to read: "Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, rubble, garbage or yard waste."

20.

Amend Section 602.3 Heat supply (page 23, fourth line), to read: "Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period when the exterior ambient air temperature is at or below sixty-seven degrees Fahrenheit (67° F.) (19.5°C) to maintain a minimum temperature of sixty-eight degrees Fahrenheit (68° F.) (20°C) in all habitable rooms, bathrooms and toilet rooms."

21.

Amend Section 602.4 Occupiable workspaces (page 23, second line), to read: "Indoor occupiable workspaces shall be supplied with heat during the period when the exterior ambient air temperature is at or below sixty-four degrees Fahrenheit (64° F.) (17.8° C) to maintain a minimum temperature of sixty-five degrees Fahrenheit (65° F.) (18°C) during the period the spaces are occupied."