[Ord. No. 975, 6-1-2017]
The provisions contained in this Chapter may be referred to
as the Dangerous and Nuisance Building Code of the City of Lake Tapawingo,
Missouri, and may be cited as such in any proceedings under this Chapter.
[Ord. No. 975, 6-1-2017]
The Building Inspector shall be so designated by the Mayor,
and shall also include the Fire Chief, and the Chief of Police. The
Building Inspector may appoint individuals to assist him/her in carrying
out his/her duties under this Chapter, with the Mayor's approval.
For purposes of this Chapter, the Mayor shall serve as the Building
Commissioner, unless the Mayor appoints someone else to so serve.
[Ord. No. 975, 6-1-2017]
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
INTERESTED PARTIES
The owner, occupant, lessee, mortgagee, agent, and all other
persons having an interest in the building as shown by the land records
of the Recorder of Deeds of Jackson County.
NOTICE AND ORDER
Shall be such Notice and Order given by the Building Inspector pursuant to Section
505.090 of this Chapter.
[Ord. No. 975, 6-1-2017]
If deemed necessary, the building inspector or building commissioner
may request an administrative search warrant pursuant to this Code
to gain entry onto property or into a structure for purposes of inspection
or abatement.
[Ord. No. 975, 6-1-2017]
Any Order of Abatement that the Hearing Board causes to be issued
pursuant to this Chapter shall be attested to by the Building Commissioner.
The City Attorney shall cause to be filed with the Jackson County
Recorder of Deeds a Certificate of Dangerous Building, which shall
reference such Order of Abatement. The Order of Abatement, together
with the Hearing Board's Findings of Fact and Conclusions of
Law shall be in writing and shall be immediately delivered or mailed
to each party to the hearing, or to his/her attorney of record, as
well as to other Interested Parties. In addition, copies shall be
posted on the affected property and in a conspicuous place at City
Hall for a period of thirty (30) days from the date of issuance thereof.
The order shall state a reasonable time, which shall not be less than
thirty (30) days from the date issuance, within which to comply therewith,
and shall further provide that if it is not complied with within such
time, the Building Commissioner may, in his/her discretion, cause
the work to be done by the City and its own crews or by contractors
employed by the City for that purpose, or the City may enter into
contracts with persons engaged in the business of repairing, securing,
boarding, or demolishing buildings for the purpose of enforcing the
order provided for in this Section provided there are unencumbered
funds in the City budget for that purpose.
[Ord. No. 975, 6-1-2017]
In all cases where it reasonably appears in the opinion of the
Building Commissioner that the conditions of a building pose an imminent
danger to the health, safety, or welfare of any person, the Building
Commissioner may authorize that emergency measures be taken to vacate,
repair, and/or demolish the building which is a public nuisance under
the provisions of this Chapter. The costs of such emergency repair,
vacation, and/or demolition of such dangerous building shall be collected
in the same manner as otherwise provided in this Chapter.
[Ord. No. 975, 6-1-2017]
Unoccupied buildings which are open at door and/or window, wall
or roof are hereby declared to constitute a potential danger and a
public nuisance and constitute an emergency under this Chapter, and
the Building Inspector is hereby authorized to board and secure such
buildings without first complying with the notice and hearing provisions
provided herein.
[Ord. No. 975, 6-1-2017]
Any aggrieved party may appeal any Order of Abatement as provided
in Section 536.100, RSMo., et seq.