[R.O. 2011 §17-90; Code 1977 §45.700]
A. 
The Board of Aldermen is hereby authorized and directed to develop and adopt plans for the inspection of dwelling units subject to the provisions of this Chapter, including:
1. 
A plan for the periodic inspection of multiple dwellings and rooming houses subject to the provisions of Section 520.930 governing the licensing of the operation of such dwellings.
2. 
A plan for the systematic inspection of dwelling units contained in such contiguous areas within this City of Salem, Missouri as may from time to time be designated by the Board of Aldermen.
[R.O. 2011 §17-96; Code 1977 §45.710; Ord. No. 3583, 2-13-2024]
A. 
The City Building Inspector is hereby authorized and directed to make inspections pursuant to one (1) or more of the plans for inspection authorized by Section 520.910 or in response to a complaint that an alleged violation of the provisions of this Chapter or of applicable rules or regulations pursuant thereto has been committed; or when the Board of Aldermen has valid reason to believe that a violation of this Chapter or any rules and regulations pursuant thereto has been committed.
B. 
The City Building Inspector is hereby authorized to enter and inspect between the hours of 8:00 A.M. and 5:00 P.M. all dwellings, dwelling units and rooming houses, rooming units and dormitory rooms subject to the provisions of this Chapter for the purpose of determining whether there is compliance with its provisions.
C. 
The City Building Inspector is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses, rooming units and dormitory rooms subject to this Chapter for the purpose of determining whether there is compliance with its provisions.
D. 
The City Building Inspector and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house or dormitory room subject to this Chapter may agree to an inspection by appointment at a time other than the hours provided by this Section.
E. 
The owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house or dormitory room upon presentation by the City Building Inspector of proper identification, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected shall give the City Building Inspector entry and free access to every part of the dwelling, dwelling unit, rooming unit or dormitory room or to the premises surrounding any of these. Before making inspections within a contiguous area pursuant to a plan authorized in Section 520.910, the City Building Inspector shall first consult with organization representative of property owners and other residents of such contiguous area, if any such organization exist.
F. 
The City Building Inspector shall keep confidential all evidence not related to the purposes of this Chapter and any rules and regulations pursuant thereto which he/she may discover in the course of the inspection. Such evidence shall be considered privileged and shall not be admissible in any judicial proceeding without the consent of the owner, occupant or other person in charge of the dwelling unit or rooming unit so inspected.
G. 
If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or a multiple dwelling or rooming house subject to the provisions of Section 520.930 refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure or premises where inspection authorized by this Chapter is sought, the City Building Inspector may seek in a court of competent jurisdiction an order that such owner, occupant or other person in charge cease and desist with such interference.
[1]
Cross References — As to duties and enforcement responsibilities of the building official, §§500.100 and 500.110; as to planning and zoning, ch. 400; as to sewers and water, chs. 705 and 710.
[R.O. 2011 §17-102; Code 1977 §45.720]
A. 
No person shall operate a multiple dwelling or rooming house unless he/she holds a current, unrevoked operating license issued by the City Clerk in his/her name for the specific named multiple dwelling or rooming house.
B. 
Every operating license shall be issued for a period of one (1) year from its date of issuance unless sooner revoked, and may be renewed for successive periods of not to exceed one (1) year.
C. 
The City Clerk is hereby authorized, upon application therefor, to issue new operating licenses, and renewals thereof, in the names of applicant owners of multiple dwellings and rooming houses. No such licenses shall be issued unless the multiple dwelling or rooming house in connection with which the license is sought is found after inspection to meet the requirements of this Chapter and of applicable rules and regulations pursuant thereto.
D. 
No operating license shall be issued or renewed unless the applicant owner has first made application therefor on an application form provided by the City Clerk. The City Clerk shall develop such forms and make then available to the public.
E. 
No operating license shall be issued or renewed unless the applicant owner agrees in his/her application to such inspections pursuant to Sections 520.910 and 520.920 as the City Clerk may require to determine whether the multiple dwelling or rooming house in connection with which such license is sought is in compliance with the provisions of this Chapter and with applicable rules and regulations pursuant thereto.
F. 
No operating license shall be issued or renewed unless the completed application form is accompanied by a payment of a license fee of ten dollars ($10.00).
G. 
No operating license shall be issued or renewed for a non-resident applicant, unless such applicant designates in writing the City Clerk his/her agent for the receipt of service of notice of violation of the provisions of this Chapter and for service of process pursuant to this Chapter.
H. 
No operating license shall be issued or renewed for a resident applicant, unless such applicant has first designated an agent for the receipt of service of violations of the provisions of this Chapter and for service of process pursuant to this Chapter, when said applicant is absent from this City of Salem, Missouri for thirty (30) or more days. Such a designation shall be made in writing, and shall accompany each application form. The applicant may designate any person resident in this City of Salem, Missouri his/her agent for this purpose or may designate the City Code Inspector his/her agent for this purpose.
I. 
No operating license shall be renewed unless an application therefor has been made within sixty (60) days prior to the expiration of the present operating license.
J. 
Each license shall be displayed in a conspicuous place within the common ways of the multiple dwelling or rooming house. No license shall be transferable to another person, or to another multiple dwelling or rooming house. Every person holding an operating license shall give notice in writing to the City Clerk within twenty-four (24) hours after having transferred or otherwise disposed of the legal control of any licensed multiple dwelling or rooming house. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such multiple dwelling or rooming house.
K. 
Every owner or other person in charge of a licensed multiple dwelling or rooming house shall keep or cause to be kept records of all requests for repair and complaints by tenants, which are related to the provisions of this Chapter and to any applicable rules and regulations, and of all corrections made in response to such requests and complaints. Such records shall be made available by the owner or other person in charge to the City Clerk for inspection and copying upon demand. Such records shall be admissible in any administrative or judicial proceeding pursuant to the provisions of this Chapter as prima facie evidence of the violation or the correction of violation of this Chapter or applicable rules and regulations pursuant thereto.
L. 
Whenever, upon inspection of the licensed multiple dwelling or rooming house, or of the records required to be kept by Section 520.930(K) the City Code Inspector finds that conditions or practices exist which are in violation of the provisions of this Chapter or of any applicable rules and regulations pursuant thereto, he/she shall serve the owner or other person in charge with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within a reasonable time, the operating license may be suspended.
M. 
At the end of the time he/she has allowed for correction of any violation cited, the City Code Inspector shall reinspect the multiple dwelling or rooming house, and if he/she determines that such conditions have not been corrected, he/she may issue an order suspending the operating license.
N. 
Any person whose operating license has been suspended shall be entitled, if the City Code Inspector so determines, to a reconsideration of the order or a formal hearing in the manner hereinafter provided by this Chapter. If no request for reconsideration or petition for hearing reaches the City Clerk within twenty-one (21) days following the issuance of the order of suspension, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request reinspection upon a showing that the violation or violations cited in the notice have been corrected.
O. 
If, upon reinspection, the City Code Inspector finds that the multiple dwelling or rooming house in connection with which the notice was issued is now in compliance with this Chapter and with applicable rules and regulations issued pursuant thereto, he/she shall reinstate the license. A request for reinspection shall not extend the suspension period, unless the City Code Inspector grants such request.
P. 
Any owner or tenant who refuses admission of the City Code Inspector shall be guilty of an ordinance violation and subject to a fine of not less than five dollars ($5.00) and not more than two hundred dollars ($200.00), or not less than five (5) days in jail or more than thirty (30) days in jail.
[R.O. 2011 §17-103; Code 1977 §45.730]
The Board of Aldermen is hereby authorized to make, adopt, revise and amend such rules and regulations as it deems necessary for the carrying out of the purposes of this Chapter.
[R.O. 2011 §17-109; Code 1977 §45.740]
A. 
Whenever the City Code Inspector determines that any dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these fails to meet the requirements set forth in this Chapter or in applicable rules and regulations issued pursuant thereto, he/she shall issue a notice setting forth the alleged failures and advising the owner, occupant or other person in charge that such failures must be corrected. This notice shall:
1. 
Be in writing;
2. 
Set forth the alleged violations of this Chapter or of applicable rules and regulations issued pursuant thereto;
3. 
Describe the dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed;
4. 
Provide a reasonable time, not to exceed sixty (60) days, for the corrections of any violation alleged;
5. 
Be served upon the owner, occupant or other person in charge of the dwelling, dwelling unit, or rooming unit personally, or by registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant or other person in charge. If one (1) or more persons to whom such notice is addressed cannot be found after diligent efforts to do so, service may be made upon such person or persons by posting a notice in or about the dwelling, dwelling unit or rooming unit described in the notice, or by causing such notice to be published in a newspaper of general circulation for a period of thirty (30) consecutive days; or
6. 
Be served upon a resident agent for the receipt of such service of notice designated pursuant to Section 520.930(H); or
7. 
Be served upon the City Clerk where he/she has been designated agent for such service pursuant to Section 520.930(G).
B. 
At the end of the period of time allowed for the correction of any violation alleged, the City Code Inspector shall reinspect the dwelling, dwelling unit or rooming unit described in the notice.
C. 
If upon reinspection the violations alleged are determined by the City Code Inspector not to have been corrected, he/she shall issue a second (2nd) notice of violation which shall constitute an order requiring that the then existing failures to meet the requirements of this Chapter or of applicable existing rules or regulations issued pursuant thereto shall be corrected within a reasonable time allowed, but not to exceed sixty (60) days after the date of such reinspection, if the person served with such notice does not request a reconsideration or petition for a hearing on the matter in the manner hereinafter provided.
D. 
The City Code Inspector shall cause a copy of the second (2nd) notice to be posted in a conspicuous place in or about the dwelling, dwelling unit or rooming unit where the violations are alleged to exist, and shall serve it in the manner provided in Section 520.950(A)(1 — 7).
E. 
The City Code Inspector, after the expiration of time granted the person served with such second (2nd) notice to seek reconsideration or a hearing in the manner hereinafter provided by this Chapter, or after a final decision adverse to such person served has been rendered by the City Zoning and Planning Commission or by Circuit Court to which an appeal has been taken, shall cause the second (2nd) notice to be recorded in the office of the Recorder of Deeds of Dent County, Missouri.
F. 
All subsequent transferees of the dwelling, dwelling unit or rooming unit in connection with which a second (2nd) notice has been so recorded shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this Chapter and by applicable rules and regulations issued pursuant thereto to the same degree as was their transferor.
[R.O. 2011 §§17-117 — 17-120; Code 1977 §§45.800 — 45.830]
A. 
Application For Reconsideration.
1. 
Any person aggrieved by a notice of the City Code Inspector issued in connection with any alleged violation of this Chapter or of applicable rules and regulations issued pursuant thereto, or by any order requiring repair or demolition of any building or structure may apply to the City Code Inspector for a reconsideration of such notice or order within twenty-one (21) days after it has been issued.
2. 
The Board of Aldermen of the City of Salem, Missouri shall set a time and place for an informal conference on the matter within ten (10) days of the receipt of such application, and shall advise the applicant of such time and place in writing.
3. 
At the informal conference, the applicant shall be permitted to present his/her grounds for believing that the order should be revoked or modified to the Board of Aldermen.
4. 
Within ten (10) days following the close of the informal conference, the Board of Aldermen shall advise the applicant whether or not it will modify or set aside the notice or order.
B. 
Hearings.
1. 
Any person aggrieved by a notice of the City Clerk issued in connection with any alleged violation of the provisions of this Chapter or of any applicable rules and regulations pursuant thereto, or by any order requiring repair or demolition of any building or structure may file with the Board of Aldermen a petition setting forth his/her reasons for contesting the notice of order.
2. 
Such petition shall be filed within twenty-one (21) days after the notice or order is served on petitioner in the manner prescribed by Section 520.950. This petition shall be filed with the City Clerk.
3. 
Upon receipt of a valid petition, the Board of Aldermen shall either grant or deny the hearing requested, and shall advise petitioner of its decision in writing within ten (10) days of the day on which his/her petition was received.
4. 
When the Board of Aldermen determines to hold a hearing, it shall serve petitioner with notice of its decision in the manner provided for service of notice in Section 520.950. Such notice shall be served within ten (10) days of the receipt of the petition.
5. 
At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.
6. 
The Board of Aldermen shall have the power to affirm, modify or revoke the notice or order, and may grant an extension of time for the performance of any act required of not more than three (3) additional months, where the City Zoning and Planning Commission finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this Chapter or by applicable rules or regulations issued pursuant thereto, and that such extensions are in harmony with the general purpose of this Chapter to secure the public health, safety and welfare.
7. 
The Board of Aldermen may grant variances from the provisions of this Chapter or from applicable rules and regulations issued pursuant thereto when the Board of Aldermen finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this Chapter, that extension would not provide an appropriate remedy in the case at hand, and that such variance is in harmony with the general purpose of this Chapter to secure the public health, safety and welfare.
C. 
Appeals.
1. 
Any person aggrieved by the final decision of the Board of Aldermen may obtain judicial review by filing in a court of competent jurisdiction within thirty (30) days of the announcement of such decision a petition praying that the decision be set aside in whole or in part. A copy of each petition so filed shall be forthwith transmitted to the Board of Aldermen which shall file in court a record of the proceedings upon which it based its decision. Upon the filing of such record, the court shall affirm, modify, or vacate the decision complained of in whole or in part. The findings of the Board of Aldermen with respect to questions of fact shall be sustained if supported by substantial evidence on the record, considered as a whole.
D. 
Emergencies.
1. 
Whenever in the judgment of the Board of Aldermen, City of Salem, Missouri an emergency exists which requires immediate action to protect the public health, safety or welfare, it may, without notice, conference or hearing, issue an order directing the owner, occupant, or other person in charge of the structure to which the provisions of this Chapter or applicable rules and regulations pursuant thereto apply to take such action as is necessary to correct or abate the emergency; or, if circumstances warrant, may itself act to abate or correct it.
2. 
The owner, occupant or other person in charge of such structure shall be granted a conference on the matter upon his/her request as soon as practicable, but such conference shall in no case stay the abatement of correction of such emergency.
[R.O. 2011 §17-127; Code 1977 §45.770; Ord. No. 3584, 2-13-2024]
A. 
Any dwelling, dwelling unit or rooming unit shall be declared unfit for human habitation when, in the judgment of the City Building Inspector, it is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested as to create a hazard to the health, safety and welfare of the occupants or of the public, and where the structure is determined by the City Building Inspector not to warrant repair.
B. 
Any vacant building shall be declared unfit for human habitation, when its existence, in the judgment of the City Building Inspector, is detrimental to the public health, safety or welfare.
C. 
The owner of any structure which has been determined unfit for human habitation, whether such structure is occupied or vacant, shall be given notice of this determination in the manner provided for service of notice in Section 520.950, and shall be given a reasonable time, not to exceed ninety (90) days, to remove such structure.
D. 
The owner of any dwelling, dwelling unit or rooming unit contained in any structure which has been determined unfit for human habitation and which has been vacated shall not cause or permit such vacated dwelling, dwelling unit or rooming unit to be reoccupied pending removal of the structure.
E. 
Any owner aggrieved by the notice to demolish may within ten (10) days seek a hearing of the matter in the manner hereinafter provided, and may seek a formal hearing in the manner provided in Section 520.960.
F. 
When the owner fails, neglects, or refuses to remove the unfit structure within the requisite time, the City of Salem, Missouri, may apply to a court of competent jurisdiction for a demolition order. The court may grant such an order when no hearing on the matter is pending. The cost of such demolition shall create a debt in favor of this City of Salem, Missouri, against such owner, and shall be recoverable in a civil action brought by this City which shall possess all the rights of a private creditor.
G. 
All demolition, whether carried out by the owner or by the City of Salem, Missouri, shall include the filling in of the excavation remaining on the property on which the demolished structure was located in such manner as to eliminate all potential danger to the public health, safety or welfare arising from such excavation.
[R.O. 2011 §17-128; Code 1977 §45.780]
A. 
There is hereby created a Revolving Fund for the purpose of supporting the cost of repairs or demolition made by the City of Salem, Missouri pursuant to Section 520.970. Into this fund shall be paid:
1. 
All civil penalties collected for violations of this Chapter.
2. 
All license fees collected pursuant to Section 520.930(F).
3. 
All judgments collected in actions to recover the costs of repair and demolition pursuant to Section 520.970(F).
4. 
Such other revenues as this City may from time to time authorize to be paid into this fund.
5. 
All donations and grants designed to promote the purposes of this Chapter from public or private sources. The City Clerk is hereby declared to be the authorized agency of this City to apply for and receive all grants, loans and gifts of funds to promote the purposes of this Chapter.
[R.O. 2011 §17-129; Code 1977 §45.790]
The City Clerk is hereby authorized to collect and disseminate information concerning techniques of maintenance, repair, and sanitation in housing, and concerning the requirements of this Chapter and applicable rules and regulations issued pursuant thereto.