[Ord. No. 2907 §I, 11-12-2009; Ord. No. 3238 §VII, 9-24-2015]
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Bolivar, being marked and designated as the International Property Maintenance Code, 2015 Edition, excluding Section 305 and 309, and excluding Chapters 4, 5, 6 and 7, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City of Bolivar, 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 Clerk of the City of Bolivar 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 Section 500.370 of this Article.
The following Sections of the International Property Maintenance Code adopted in Section 500.360 are hereby revised:
Section 101.1. Insert: City of Bolivar.
Section 103.5. Insert: Section 500.025 "Building Application Procedures And Inspection Fees".
Section 112.4. Insert: ($50.00), ($500.00).
Section 302.4. Insert: 12".
Section 304.14. Insert: April 1 to November 1.
Section 602.3. Insert: October 1 to April 1.
Section 602.4. Insert: October 1 to April 1.
[R.O. 2007 §520.025; Ord. No. 2909 §I, 11-12-2009; Ord. No. 2994 §II — IV, 7-14-2011]
Notice To Person(s) Responsible. Except as otherwise provided in this Chapter, whenever the Code Enforcement Officer determines that there has been a violation of the International Property Maintenance Code, a violation of any City ordinance addressing nuisances, a violation of a City zoning ordinance or any other violation of this Code over which the Code Enforcement Officer is given enforcement authority by specific provision of any other City ordinance, or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this Section to the person responsible for the violation.
Form. Such notice shall substantially comply with the following requirements:
Be in writing; and
Include a description of the real estate sufficient for identification; and
Include a statement of the violation or violations and why the notice is being issued; and
Include a correction order allowing a reasonable time to make the repairs, improvements or corrections required to bring the dwelling unit, structure or grounds into compliance with the provisions of that part of the Code that the Code Enforcement Office determines is being violated; provided that for the purposes of this paragraph, a reasonable period of time for a second (2nd) or greater violation that has previously been corrected either by the same or some of the same responsible party(ies) to whom the recurrent notice is being given or by the City may be the minimum period that is reasonably required to correct the violation from the date the notice is given assuming the commencement of corrective actions immediately upon the giving of such notice; and
Inform the responsible party(ies) of the right to appeal; however, if the notice is the second (2nd) notice of the same violation within a twelve (12) month period, then it may also inform the responsible party(ies) that if the same or substantially the same violation shall occur for a third (3rd) or subsequent time within a twelve (12) month period following correction of the second (2nd) violation either by the responsible party(ies) or by the City, no further notices of violation will be given and no right of appeal will exist prior to the City commencing corrective action and charging the responsible party(ies) with the costs thereof and enforcing the collection of the assessed charges as provided in any applicable provision(s) of the City Code, if such costs are allocable for City correction of the violation in question; and
Method Of Service. Such notice shall be deemed to be properly served if a copy thereof is:
When Notice Not Required — Waiver Of Right To Appeal. Notwithstanding the provisions of Subsections (A — C) of this Section, no notice shall be required to be given to the responsible party(ies) who shall have no right of appeal prior to abatement of a public nuisance by the City upon order of the Code Enforcement Officer as provided in Section 235.010(D) if notice of the same or substantially the same violation has previously been given by the Code Enforcement Officer and such notice either was not appealed or not successfully appealed and was corrected by either the responsible party(ies) or by the City on at least two (2) prior occasions within the previous twelve (12) month period.
[R.O. 2007 §520.030; Ord. No. 2994 §§V — IX, 7-14-2011]
Application For Appeal. Except those cases described in Section 500.375(D), any person directly affected by a decision of the Code Enforcement Officer or an order issued under the International Property Maintenance Code shall have the right to appeal to the Board of Appeals provided that a written application for appeal is filed with the City Clerk by the earlier of:
Membership Of Board. The Board of Appeals shall consist of a minimum of three (3) members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The Code Official shall be an ex officio member, but shall have no vote on any matter before the Board. The Board shall be appointed by the Mayor and shall serve staggered and overlapping terms.
Alternate members. The Mayor shall appoint two (2) or more alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
Chairman. The Board shall annually select one (1) of its members to serve as Chairman.
Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
Secretary. The Mayor shall designate a qualified person to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings in the office of the Mayor.
Compensation of members. Compensation of members shall be determined by law.
Notice And Date Of Meeting. The Board of Appeals shall meet upon notice from the Chairman within twenty-one (21) days of the filing of an appeal. Notice of the date, time and location of the meeting shall be given to the appealing party.
Open Hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Code Enforcement Officer and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds (2/3) of the Board membership.
Procedure. The Board shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
Postponed Hearing. When the full Board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
Board Of Appeals Decision. The Board shall modify or reverse the decisions of the Code Enforcement Officer only by a concurring vote of a majority of the total number of appointed Board members then holding office.
The Board of Appeals' decision shall be in writing and shall be provided to all interested parties either in person or by mail within seven (7) days after the date of the hearing.
Administration. The Code Enforcement Officer shall take immediate action in accordance with the decision of the Board.
Court Review. A person aggrieved by a decision of the Board of Appeals shall have the right to require review by the Circuit Court of Polk County, Missouri to correct errors of law. A petition for review shall be filed in such manner and within such time as is required by the laws of the State of Missouri, Missouri Rules of Civil Procedures or the rules of the 30th Judicial Circuit of Missouri or any successor to such Circuit in which the Circuit Court of Polk County, Missouri is located. In the absence of a law or rule governing the time for appeal, such appeal shall be filed within fifteen (15) days following the date the Board of Appeals issues its written decision. Appeals by the Code Enforcement Officer shall be in the name of the officer in his official capacity at the relation of the City of Bolivar.
Stays Of Enforcement. Appeals of notices and orders to the Board of Appeals shall stay the enforcement of the notice or order until the appeal is heard by the Appeals Board. Appeals from a decision of the Appeals Board to the court shall not stay the enforcement of a notice or order that has been affirmed by the Board of Appeals unless the appealing party shall post a bond with good and adequate surety as approved by the court in such amount as the court shall determine will be sufficient to:
Conflict With Procedures Established In IPMC. To the extent that this Section conflicts with the provisions for appeal established in the International Property Maintenance Code adopted by the City of Bolivar, these provisions shall control.
Nothing in this Article or in the code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes or action acquired or existing, under any act or ordinance hereby repealed as cited in Section 500.390 of this Article; nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Article.
All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[R.O. 2007 §520.020]
A person commits the ordinance violation of "failure to comply with building codes" if he/she shall violate any provisions of the codes adopted pursuant to the provisions of this Article and as those codes may be modified from time to time. Failure to comply with building codes shall upon conviction be punishable by a fine not to exceed five hundred dollars ($500.00) or a term of incarceration not to exceed ninety (90) days or by both such fine and incarceration. Each day or fraction thereof that a person shall be in violation of the provisions of the Property Maintenance Code or any supplements thereto shall be deemed a separate offense. In addition to all other penalties hereunder, the City of Bolivar may seek injunctive relief, either mandatory or prohibitory, to enforce compliance with the provisions of the Property Maintenance Code and supplements thereto.