City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
The following conditions are detrimental to the health, safety or welfare of the residents of Bridgeton, and all buildings or structures which have one (1) or more of the following defects are unfit and dangerous and shall constitute a nuisance:
1. 
Those which have interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of the base;
2. 
Those which have exterior portions, members, appurtenances, ornamentations or components which are likely to fall or collapse or to become detached or dislodged and thereby injure persons or damage property;
3. 
Those which are unoccupied and are open at door or window;
4. 
Those which have been damaged by fire, wind, vandalism or other causes so as to impair the life, health or safety of persons who are or might reasonably be in or on such structure or neighboring structures or rights-of-way;
5. 
Those which are so dilapidated or unsafe as to be likely to cause injury to the health, safety or welfare of any occupants or neighbors of such structure;
6. 
Those which have never been lawfully occupied and for which a certificate of use and occupancy could not be granted by reason of incompletion, where construction has been substantially abandoned for more than two (2) years;
7. 
Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting members or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering;
8. 
Those which have improperly distributed loads upon the floor or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purposes used;
9. 
Those which are so dilapidated, decayed, unsafe, unsanitary or which fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness, disease or cause injury to the health, safety or welfare of those occupying such building;
10. 
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
11. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of evacuation; and/or
12. 
Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
B. 
The term "unfit building or structure" shall not include any accessory structure being used in conjunction with a farming operation for the protection of farm animals and livestock or for the storage of farm equipment or agricultural or horticultural products.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Any building which is unfit or dangerous under the provisions of the Section 505.010 of this Chapter is hereby declared to be a public nuisance and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
The Building Official shall inspect or cause to be inspected:
1. 
As often as the Building Official may determine, all residential, institutional, assembly, commercial, industrial, garage, special and miscellaneous occupancy buildings for the purpose of determining whether any conditions exist which render such places an unfit or dangerous building as defined in this Chapter;
2. 
Any building or structure about which complaints are made by any person alleging that it is unfit or dangerous;
3. 
Any building or structure reported by a Police Department, Fire Department or any other public agency as apparently unfit or dangerous; and/or
4. 
Any building or structure which has been classified as apparently unfit or dangerous pursuant to any study or inspection program conducted by any City department or any public agency.
B. 
The Building Official shall supervise all inspectors.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
Declaration and Work to be Accomplished. If the Building Official determines after inspection that a building or structure is unfit or dangerous, he shall declare it a public nuisance and shall cause a report to be prepared stating whether such property shall be vacated and whether such property shall be reconditioned or removed, the nature of the repairs or construction necessary to rehabilitate or complete the building or structure and specifying the period of time, not exceeding thirty (30) days, to accomplish the vacation of such building and specifying the period of time, not exceeding thirty (30) days to commence the required work, unless the Building Official shall determine a longer period to commence the required work.
B. 
Repair May be Authorized. If the Building Official shall determine that such building or structure shall be demolished and removed, and the owner shall submit to the Building Official adequate plans for the repair or completion of the building or structure, the Building Official may authorize the repair or completion of the building instead of demolition.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
Notice and Parties. The Building Official shall serve a notice of declaration of nuisance on the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in the building or structure as shown by the land records of St. Louis County, and each such person shall be a party to all proceedings under this Section and shall be subject to all duties and entitled to all rights with respect to action and proceedings under this Section pertaining to such property and are called herein "affected parties".
B. 
Form of Notice. The notice of declaration of nuisance shall be in substantially the following form:
NOTICE OF DECLARATION OF NUISANCE
TO: Names and addresses of affected parties.
PURSUANT TO THE PROVISIONS OF THE BRIDGETON CODE OF ORDINANCES AS AMENDED, THE BUILDING OR STRUCTURE DESCRIBED BELOW HAS BEEN DECLARED A PUBLIC NUISANCE. (Insert address or other adequate description of building or structure.)
NO PERSON MAY ENTER THIS BUILDING OR STRUCTURE OR ANY PART THEREOF AFTER ________________________, 20 __.
After such date, no person shall occupy or enter this building or structure or any part thereof, except persons directly employed in securing, repairing or removing such building or structure.
This building or structure must be (repaired) (demolished and removed from the premises).
The repair or demolition work must commence no later than thirty (30) days after the service of a copy of this notice upon the affected parties or the publication of said notice as required by City ordinance.
Prior to the commencement of any work to repair or to demolish this building or structure, it shall be necessary to obtain the authorization therefor from the Building Official of the City of Bridgeton. Upon the presentation of adequate plans, the Building Official may authorize the repair or completion instead of demolition.
IF THE REPAIR OR DEMOLITION OF THIS BUILDING OR STRUCTURE HAS NOT BEGUN WITHIN THE TIME PERIOD STATED ABOVE AND CARRIED FORTH PROMPTLY, THE BUILDING OFFICIAL OR A DESIGNATED HEARING OFFICER MAY, AFTER HEARING, ORDER THE COST OF THE BUILDING OR STRUCTURE REPAIR, REHABILITATION OR DEMOLITION, TOGETHER WITH THE EXPENSES OF ADMINISTRATION, IMPOSED GAINS THE PROPERTY AS A SPECIAL TAX LIEN.
This note and order may be appealed by any affected party to the Circuit Court of St. Louis County as provided by law.
C. 
Service of Notice. Such notice shall be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.
D. 
Posting — Removal Prohibited. In addition, upon declaration of the public nuisance, the Building Official shall post a copy of the notice of nuisance in some prominent place on the premises. No person shall deface or remove such notice without the prior authorization of the Building Official or a court having jurisdiction on review of an order of the Building Official.
E. 
Recording Declaration of Nuisance. Upon the declaration of public nuisance by the Building Official, the "Notice of Declaration of Nuisance" shall be filed and recorded in the office of the St. Louis County Recorder of Deeds. Such notice shall be signed by the Building Official, or his designated representative, and shall be notarized. Upon the completion of work necessary to cause the building or structure to comply with all applicable City ordinances, and the approval thereof by the Building Official, or upon the satisfaction and release of any and all liens imposed pursuant to the provisions of this Chapter, the Building Official shall cause a notice of said compliance or satisfaction to be filed in the office of the St. Louis County Recorder of Deeds.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
Hearing and Order. Upon the failure of the affected parties to commence work of reconditioning or demolition within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the Building Official shall call and have a full and adequate hearing on the matter. Prior to any such hearing, all affected parties shall be given at least twenty-one (21) days' written notice of the hearing, which notice may be served in the same manner as the notice of declaration of nuisance. Any party may be represented by counsel at such hearing, and any interested person may be heard. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or a detriment to the health, safety or welfare of the residents of the City of Bridgeton, the hearing official shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City of Bridgeton, and he shall order the building or structure to be demolished and removed or repaired and completed. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Bridgeton, no order shall be issued.
B. 
Notice of Order. The hearing official shall furnish notice of the order by first class mail to each affected party.
C. 
City May Demolish, Secure or Repair. In the event the hearing official shall order the building or structure to be demolished and removed or repaired, the City may proceed to have such building or structure demolished and removed or repaired as provided in said order.
D. 
Option to Demolish. In the event the hearing official shall order the building or structure to be repaired, and the owner shall fail to promptly commence or diligently pursue such repair, the City shall have the right and option to demolish such building if the cost of demolition and removal is less than the cost of repair. In the event the City shall elect such demolition, it shall give notice to the affected parties that it will demolish the building unless the owner within twenty-one (21) days of the date of such notice commences and diligently pursues repair of such building. Such notice may be served in the same manner as the notice of declaration of nuisance.
E. 
Option to Repair. In the event the hearing official shall order the building or structure to be demolished and removed, the owner or the City shall have the right to seek approval to repair or complete such building, and the Building Official may authorize the repair or completion of the building by the owner or by the City upon the submission of adequate plans for such repair or completion.
F. 
Costs, Tax Bills and Lien. If the Building Official or hearing officer issues an order whereby the building or structure is demolished, secured or repaired and the City has such demolition, security or repair performed, the Building Official shall certify to the City Clerk or officer in charge of finance the cost of performance of such demolition, security or repair, which cost of performance shall include the amount of any attorneys' fees incurred by the City in connection with the enforcement of the provisions of this Section and the cost of administration of the enforcement of this Section with respect to such building or structure. The City Clerk or officer in charge of finance shall cause special tax bills or assessments for such costs or performance to be issued against the property to be prepared and collected by the City Collector or other official collecting taxes. There shall be a separate tax bill or assessment for the costs of the demolition, security, or repair and a separate tax bill for the amount of the attorneys' fees, hearing officers' fees, hearing costs and expenses, and other administrative costs of performance. At the request of the taxpayer, the tax bills may be paid in equal installments over a period of not more than ten (10) years. The tax bills from the date of their issuance shall be a lien on the property until paid. The amount of each such special tax bill or assessment shall bear interest from the date of its issuance at the highest rate allowed by law.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
Qualifications and Payment. The Building Official shall act as hearing officer to hold all hearings provided hereunder and may select and appoint a Hearing Officer for any such hearing. The hearing officer shall be a professional engineer or architect, registered in the State of Missouri, and shall be appropriately compensated in the event such hearing officer is not an employee of the City.
B. 
Duties of Hearing Officer. The hearing officer shall preside at all hearings held pursuant to this Chapter and shall hear and receive evidence, shall make rulings relating thereto and shall perform all other usual or necessary functions of the presiding officer in an administrative hearing, all in accordance with the Missouri Administrative Procedure and Review Act, Chapter 536, RSMo., 1969 and the terms of this Chapter.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Nothing contained herein shall be construed or interpreted to prohibit any affected party from presenting evidence in writing to the Building Official, prior to such a hearing or action, showing that such building or structure or portion thereof is not a nuisance and not detrimental to the health, safety or welfare of the residents of the City of Bridgeton. In the event the Building Official determines on the basis of such information that such building or structure or portion thereof is not a nuisance and not detrimental to the health, safety or welfare of the residents of the City of Bridgeton, he may at any time rescind his declaration and notice of nuisance and forthwith shall notify in writing the affected parties and any subsequent purchasers of such decision.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
In any case where the Building Official determines there is an immediate danger to the health, safety or welfare of any person, the Building Official may take emergency measures to vacate and repair or demolish a dangerous building or structure, and the costs of such shall be collected in the same manner as provided in Section 505.060.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Any interested party may appeal to the Circuit Court of St. Louis County, as provided in Chapter 536, RSMo., any notice of declaration of nuisance or any order issued by the hearing officer that a building or structure be demolished, secured or repaired.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
No person shall enter or occupy a building or structure or portion thereof after the posting of notice, except persons directly employed in securing, removing or repairing such building or structure in accordance with the plans approved by the Building Official.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Every person who shall be required to repair or demolish and remove any building within the City under the provisions of this Chapter shall first obtain the applicable permit required by the ordinances of the City for such repair or such demolition and removal.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
If, at the discretion of the Building Official, additional time is necessary to commence the work required by the notice, the Building Official may extend the time period set forth in the notice to commence the performance of such work by specifying in an additional written notice the date to which said extension is made.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
The act of a subsequent purchase of the property shall not delay the hearing of such matter and shall not be an exception to any time requirements provided herein, unless at the discretion of the Building Official or hearing officer such hearing should be continued, or unless such subsequent purchaser shall apply for and receive written authorization from the Building Official to either rehabilitate or demolish such building or structure and shall perform the work within the time period allowed under such authorization.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A. 
Proceeds of Insurance. As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Official or his designee, as provided in this Chapter, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. 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, this Section establishes a procedure for the payment of up to ten percent (10%) of the insurance proceeds as set forth in Subparagraphs (1) and (2) of this Subsection. This Section shall apply only to a covered claim payment which is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure.
1. 
The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment and shall pay such monies 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.
2. 
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subparagraph (1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 505.060 of this Chapter. If the City has proceeded under the provisions of Section 505.050 of this Chapter, all monies in excess of that necessary to comply with the provisions of Section 505.060 of this Chapter for the removal of the building or structure, less salvage value, shall be paid to the insured.
B. 
Installments. If there are no proceeds of any insurance policy as set forth herein, the taxpayer shall retain the right as provided in this Chapter to pay the tax bill in equal installments over a period of not more than ten (10) years.
C. 
City Not Party to Insurance Contract. This Section shall not make the City a party of any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under the insurance policy.
D. 
Certification 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, the City has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In the event the City has obtained such satisfactory proof, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction pursuant to this Section. 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.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 04-50 §6, 10-6-2004; Ord. No. 06-35 §1, 7-5-2006]
It shall be unlawful for any owner, occupant, lessee, mortgagee, agent, or other person having an interest in a building or structure to fail to comply with the notice of declaration of nuisance within a reasonable time or to fail to proceed continuously without unreasonable delay as specified in the Building Official's order. Each such unlawful act shall be punishable upon conviction by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or both such fine and imprisonment.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
The City Clerk shall notify the Director of Insurance of the State of Missouri within fourteen (14) days after the adoption of this Chapter that the City has adopted an ordinance under Section 67.410, RSMo., such notification to be provided in Section 67.412, RSMo.
[Ord. No. 15-04 §1, 1-21-2015]
A. 
Purpose. The purposes of this Section are:
1. 
To adopt standards for identifying dangerous levels of toxic chemicals and residue associated with the production of methamphetamine, and
2. 
To establish protocols whereby the Building Official may cooperate with and rely on law enforcement agencies and emergency agencies when applying property maintenance and safety standards to order or cause the abatement of contamination in structures due to the presence or production of methamphetamine.
B. 
Definitions. For the purposes of this Section, the words or terms listed below are defined as follows:
METHAMPHETAMINE
Dextro methamphetamine, levo methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated the formation of methamphetamine. For the purpose of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.
QUALIFIED COMPANY or QUALIFIED CONTRACTOR
A company or contractor that tests structures for the presence of unsafe methamphetamine contamination and/or abates such unsafe methamphetamine contamination and that:
1. 
Complies with the most current edition of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup;
2. 
Complies with the regulations of the Occupational Safety and Health Administration of the United States Department of Labor relating to hazardous waste operations and emergency response, including 29 CFR 1910.120;
3. 
Requires that at least one (1) employee or supervisor assigned to and on duty at any work site shall have completed the forty (40) hour Hazardous Waste Operations and Emergency Response (HASWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910];
4. 
Requires its personnel to complete a clandestine drug lab assessment and decontamination course offered by a sponsor acceptable to the City of Bridgeton;
5. 
Neither employs nor is managed or owned by a person who has either been convicted of any crime involving the production, possession, use or distribution of methamphetamine, or is currently being prosecuted for any crime involving the production, possession, use, or distribution of methamphetamine; and
6. 
Is not engaged to test or decontaminate a structure/room(s) in which it or any of its owners, manager or personnel has an interest.
UNSAFE CONTAMINATION
The presence of chemicals in a structure/room(s) at levels exceeding the levels for such chemicals as provided in Subsection (C) below.
C. 
Unsafe Contamination Levels. A structure/room(s) will be considered unsafe for purposes of the enforcement of the Code of Ordinances, City of Bridgeton, if it is found to contain any of the chemicals listed below at exposure limits above the levels listed below established by the National Institute for Occupational Safety and Health (NIOSH):
1. 
Red phosphorus - any amount.
2. 
Iodine crystals - C 0.1 ppm (1 mg/m3).
3. 
Sulfuric acid - TWA 1 mg/m3.
4. 
Hydrochloric acid (HCl gas) also known as Muriatic Acid - C 5 ppm (7 mg/m3).
5. 
Hydrogen chloride - C 5 ppm (7mg/m3).
6. 
Volatile organic compounds (VOCs) - 1 ppm of total hydrocarbons and VOCs in air after ventilation.
7. 
Methamphetamine - in a concentration equal to or greater than 1.5 µgram/100 cm2.
8. 
Lead and mercury - If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 2.15 µg/100 cm2 and vapor samples for mercury in excess of 50 ƞg/m3.
D. 
Closure and Abatement Orders Upon Report and Investigation by the Bridgeton Police Department or Other Law Enforcement or Emergency Agencies.
1. 
When the Bridgeton Police Department or another law enforcement agency or emergency agency reports to the Building Official that a structure/room(s) has been used for the production of methamphetamine or as a storage facility for methamphetamine or the chemicals used in the manufacturing of methamphetamine as identified in Subsection (C) above, the Building Official's office may order the structure/room(s) closed pursuant to the emergency measures provided in Subsection (D)(4) below until it has been tested by a qualified contractor or qualified company (as defined in this Section) to determine if the structure/room(s) is safe for occupancy.
2. 
When the Bridgeton Police Department or another law enforcement agency or emergency agency reports to the Building Official that it has found unsafe contamination in a structure/room(s) in the City that has been used for the production of methamphetamine or as a storage facility for methamphetamine or the chemicals used in the manufacturing of methamphetamine as identified in Subsection (C) above, the Building Official's office shall order the structure/room(s) closed pursuant to the emergency measures provided in Subsection (D)(4) below.
3. 
If the structure/room(s) is found to be safe for occupancy after the original testing, the closure order will be rescinded. However, if it is found that the structure/room(s) is not safe for occupancy, the structure/room(s) will remain closed until it is safe for occupancy.
4. 
When the Building Official receives a report from the Bridgeton Police Department or another law enforcement or emergency agency as set forth in Subsections (D)(1) or (D)(2) above, and in the opinion of the Building Official, life or health is immediately endangered by the unsafe contamination of the structure/room(s), the Building Official is hereby authorized and empowered to order and require the occupants of the structure/room(s) to vacate immediately, whether or not a notice of violation has been given as described in Subsection (E) below, and whether or not legal procedures described by Subsection (F) have been instituted.
5. 
Any person to whom such an order is directed shall comply therewith immediately.
E. 
Supplementary Notice and Instructions.
1. 
While closure and abatement orders pursuant to the emergency measures provided in Subsection (D)(4) above may be posted, the Building Official shall also serve a notice upon the owner, occupant, lessee, mortgagee, and all other persons having an interest in the structure/room(s) as shown by the land records of St. Louis County. Such notice shall be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.
2. 
Such notice shall direct the owner to contact the Building Official, within twenty (20) calendar days to establish a schedule for decontaminating the structure/room(s).
3. 
Such notice shall also inform the owner that if the owner contacts the Building Official within the time specified in the notice, the owner may request to have the structure/room(s) retested, but such retesting must be performed as follows:
a. 
The owner must employ the service of a qualified company or qualified contractor (as defined in this Section) to perform sampling and to analyze the samples.
b. 
The Building Official or his assigns must be present when the qualified company or contractor takes samples and the owner shall pay an inspection fee in the amount of forty dollars ($40.00) to the City, payment of which must be made prior to the appointment for taking samples.
c. 
Sampling and testing shall be performed in accordance with the appropriate sections of the most current edition of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup.
d. 
The qualified company or contractor engaged by the owner must report the results of its analysis of the samples taken to the Building Official.
F. 
Decontamination.
1. 
If testing confirms the presence of unsafe contamination in a structure/room(s), the owner shall hire a qualified contractor or qualified company (as defined in this Section) to decontaminate the structure/room(s) and advise the Building Official of the schedule for decontamination.
2. 
The schedule for the work and evidence that the qualified contractor or company meets the requirements of this Section must be submitted for approval to the Building Official within twenty (20) calendar days of the receipt of notice. Approval or rejection of the schedule will be provided within a reasonable time of submission. If rejected, the owner will be informed, in writing, of specific reasons for the rejection and will be required to amend the schedule of the proposed qualified company or qualified contractor. Decontamination shall be performed in accordance with the appropriate sections of the most current edition of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup.
3. 
If the owner of the property determined to have unsafe contamination fails to voluntarily abate that contamination, the Building Official may serve a notice of violation on the owner pursuant to the procedures set forth in Subsection (E)(1) above.
4. 
If the owner of the property is unwilling or unable to voluntarily abate the contamination within forty-five (45) days of notice, the Building Official shall call and have a full and adequate hearing on the matter.
a. 
The Building Official may act as hearing officer to hold all hearings provided hereunder or may select and appoint a hearing officer for any such hearing.
b. 
The hearing officer shall preside at all hearings held pursuant to this Section and shall hear and receive evidence, shall make rulings relating thereto and shall perform all other usual or necessary functions of the presiding officer in an administrative hearing, all in accordance with the Missouri Administrative Procedure and Review Act, Chapter 536, RSMo., 2012 and the terms of this Section.
c. 
Prior to any such hearing, all affected parties shall be given at least twenty-one (21) days' written notice of the hearing, which notice shall be provided in the manner set forth in Subsection (E)(1) above. Any party may be represented by counsel at such hearing, and any interested person may be heard. After the hearing, if the evidence supports a finding that unsafe contamination exists in the structure/room(s), the hearing officer shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the existence of unsafe contamination in the structure/room(s), and he shall order the structure/room(s) to be closed and posted and unsafe contamination in the structure/room(s) to be abated. If the evidence does not support a finding that that unsafe contamination exists in the structure/room(s), no order shall be issued.
d. 
The hearing officer shall furnish notice of the order by first class mail to each person having an interest in the property as shown by the land records of St. Louis County. The order shall specify the period of time, not less than thirty (30) days, to complete the required abatement.
e. 
In the event the hearing officer shall order the unsafe contamination in the structure/room(s) to be abated and the property owner fails to complete such abatement within the period of time set forth in such order, the City, acting through the Building Official, may proceed to have the unsafe contamination in the structure/room(s) abated as provided in said order.
f. 
The Building Official shall keep an accurate accounting of the cost of abating such methamphetamine contamination, and shall report the same to the Director of Finance, who shall cause a special tax bill against the property from which such methamphetamine contamination was abated to be issued and collected with other taxes assessed against such property. The tax bill from the date of its issuance shall be a first lien upon such property until paid and shall be prima facie evidence of the recitals therein contained and of its validity. No mere clerical error or informality in the same or in the proceedings leading up to the issuance thereof shall be a defense thereto. As part of the cost of abating the methamphetamine contamination, each special tax bill shall include a charge to be established by ordinance for the computing, making, certifying and recording the bill. Each special tax bill shall bear interest at the rate of eight percent (8%) per annum beginning thirty (30) days after its issuance.
g. 
Any interested party may appeal to the Circuit Court of St. Louis County, as provided in Chapter 536, RSMo., any order issued by the hearing officer that a building or structure be closed and posted or unsafe contamination abated.
5. 
Post decontamination sampling. Following the completion of the work the owner shall notify the Building Official that work is complete and the owner must provide written test results as evidence that the property is compliant with this regulation. The post remediation sampling and testing must be performed by a qualified company or qualified contractor other than and independent of the company or contractor that performed the decontamination and shall be performed in accordance with the appropriate sections of the most current edition of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup.
G. 
Final Action. After the property has been decontaminated and the Building Official is in possession of evidence that the pertinent chemical levels are below the levels established for unsafe contamination by this Section, the structure/room(s) will be considered safe and suitable for performance of a full inspection for an occupancy permit.