All construction in the City shall comply with the requirements
of Sections 319.200 through 319.207, RSMo., and any amendments thereto,
relating to earthquakes and seismic construction requirements.
[R.O. 1992 § 502.030; Ord. No.
756 § 1, 5-24-2012]
A.
The City of Wright City, Missouri, hereby establishes the following
procedures for abatement of violations of the Property Maintenance
Code and for recovering costs thereof by imposition of liens. Where
the Code Official is authorized by the Property Maintenance Code of
the City of Wright City to abate a violation of that code, the Code
Official, and the Police when requested to assist, may do so as provided
herein.
1.
Non-Emergency Abatement Responsibilities Of Code Official. In
the absence of an emergency, the Code Official shall employ the following
procedure:
a.
Notice Of Order To Abate And Of Hearing. The Code Official shall
serve a notice of the violation to be abated on the owners of the
property and on any other person responsible for it. That notice may
be served personally, or by mail, or if service cannot be had by either
of these modes of service, then by posting on the property. That notice
shall order a hearing by the Code Official within at least seven (7)
calendar days and the abatement of the violation by the time of the
hearing.
b.
Failure To Abate, Hearing, Declaration Of Nuisance And Further
Order To Abate. If the violation is not abated by the time of the
hearing, the Code Official may find and declare the violation a nuisance
at that hearing and order the violation abated within a reasonable
time as determined by the Code Official.
c.
Failure To Abate And Abatement By Code Official. If the violation
is not abated within the previously listed calendar days, the Code
Official may after said hearing have that violation abated at public
expense and certify the costs thereof and of all necessary inspections
and administrative proceedings and record keeping to the City Clerk
of the City of Wright City.
2.
Emergency Abatement Responsibilities Of Code Official. In an
emergency, where the Code Official abates a violation as authorized
in such cases by the Property Maintenance Code, the Code Official
shall employ the following procedure:
a.
Notice Of Emergency Abatement And Of Hearing. The Code Official
shall serve a notice of the violation abated by the Code Official
pursuant to the Property Maintenance Code, including a declaration
that the violation is an emergency, the grounds for that declaration,
and a statement of the costs of abating that violation, upon the owners
of the property and on any other person responsible for it. That notice
may be served personally, or by first class mail, postage prepaid,
or if service cannot be had by either of these modes of service, then
by posting on the property. That notice shall order a hearing by the
Code Official in at least four (4) calendar days.
b.
Hearing And Final Order. At the hearing, the Code Official may
confirm, modify or withdraw any element of the foregoing notice, shall
enter a final order reflecting those determinations, and shall certify
any confirmed costs of abatement and, if there are any such costs,
the costs of any and of all necessary inspections and administrative
proceedings and record keeping to the City Clerk of the City of Wright
City.
3.
Imposition Of Lien After Abatement By Code Official —
Responsibilities Of The City Clerk Of The City Of Wright City. The
City Clerk shall prepare and issue to the owners of the property in
violation a special tax bill against the property for those costs,
payable within thirty (30) days of issuance. Each such special tax
bill shall include a notice of lien stating that if the bill is not
paid when due, it shall become, from the date of its issuance, a first
lien on the property until paid, to be collected by the appropriate
County Collector of Revenue in the same way as property taxes are
collected. Each such special tax bill shall be prima facie evidence
of the recitals therein and of its validity, and no mere clerical
error or informality in the tax bill or the proceedings leading up
to its issuance shall be a defense thereto. The City Clerk shall deliver
each such special tax bill that remains unpaid after payment is due
to the County Collector of Revenue on or before the first day of June
of each year, to be collected with property taxes as provided above.
[R.O. 1992 § 502.040; Ord. No.
756 § 1, 5-24-2012; Ord. No. 814 § I, 12-12-2013]
A.
When any structure or equipment is found by the Building Inspector
to be unsafe or unfit for human occupancy, or is found unlawful pursuant
to Section 108 of the City's Property Maintenance Code, as amended,[1] the procedures and process for abatement, notice, hearings and appeals shall be as set forth in Chapter 520 of the Wright City Municipal Code.
1.
If the unsafe condition is due to inadequate maintenance, the Code Official may also proceed under the City's Property Maintenance Code and prepare and issue a notice in conformance with Section 500.050. For purposes of this Section, "inadequate maintenance" shall mean:
a.
Failure to repair and restore to use any structure that is damaged
by fire or by flood or by any other natural disaster within one (1)
year of such damage; or
2.
Emergency Abatement. In cases where it reasonably appears that,
because of the unsafe condition of the structure or equipment, there
is an immediate danger to the health, safety or welfare of any persons,
the Code Official may take emergency measures to vacate and repair
or demolish said building or structure and cause, in accordance with
the procedures of this Section, notice to be served of such actions
and of a hearing to be held, except that the hearing shall be held
within seven (7) days of said demolition, repair or vacation.
3.
Restoration. An unsafe structure may be restored to safe condition
solely as authorized by the International Building or Residential
Code of the City of Wright City.
4.
Unreasonable Repairs General Provision. As provided in the International
Building or Residential Code of the City of Wright City, the Code
Official shall presume that a structure or building may not be repaired
if the Code Official determines that the cost of repairs would exceed
seventy-five percent (75%) of the current assessed value of the unsafe
structure or building as determined by the County Assessor's
most-recent assessment. To rebut this determination, a property owner
or any interested parties, within thirty (30) days of the service
of a notice of unsafe structure, must present to the Director who
issued the notice three (3) signed bids from outside contractors.
5.
Unreasonable Repairs Special Provision For Unsafe Buildings Or Structures In Floodway, Floodway Fringe Or Density Floodway Zoning Districts As Defined In Chapter 415, Floodplain Management. With respect to unsafe structures or buildings in floodway, floodway fringe or density floodway, the Zoning Official shall apply the non-conforming use provision specifically applicable in such zoning districts.
6.
Failure To Comply With Repair Or Demolition Order In Notice Of Unsafe Structure Or Notice Of Hearing Service. If the affected parties fail to commence work on repairs or complete demolition within the time stated in the notice of unsafe structure, or if the affected parties fail to proceed continuously with the work without unnecessary delay, the Code Official shall proceed with notice and a hearing under Chapter 520.
[Ord. No. 883, 5-12-2016]
A.
Property Maintenance. All existing residential and nonresidential structures and all existing premises shall be maintained in accordance with the Property Maintenance Code adopted in Section 500.010 (the "Property Maintenance Code") with the exterior of such structures being maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare as set forth in Chapter 3 of the Property Maintenance Code.
B.
Right-Of-Way Maintenance. In addition to the requirements set forth in Subsection (A) above:
1.
All property owners, lessees or occupants, and all agents or
representatives of such owners, lessees or occupants shall be obligated
and required to maintain, at their own expense, any and all physical
objects, including, but not limited to, trees, shrubs, grass, ground
cover, porticos, stoops, awnings, area ways, walls or other structures
or things of any kind (collectively referred to as "encroachments")
that exist in or encroach upon the right-of-way adjoining their property
and within any sight triangle (including encroachments that interfere
with the use of any City street or sidewalk located in the right-of-way)
so that the right-of-way is kept in a reasonably safe condition for
use in the usual modes by day and night and is not obstructed or interfered
with. Property owners, lessees or occupants and all agents or representatives
of such owners, lessees or occupants shall be solely responsible for
any damage or repairs to any encroachments caused by work in the right-of-way
by the City and neither the City nor any of its employees, agents
or contractors shall be liable for any damage to any electric pet
fence cables, lawn sprinkler lines, sprinkler heads or other encroachments
located in the right-of-way.
2.
Any physical object, including underground items such as an electric pet fence, that encroaches into, upon, under a right-of-way and obstructs or interferes with the use of such right-of-way or makes the use of the right-of-way unsafe shall be deemed a nuisance and any individual responsible for maintaining such physical object under Subsection (A) of this Section shall be guilty of an ordinance violation. The City shall have the right to remove such nuisance in accordance with the provisions of the Nuisance Code (Chapter 215) or immediately if in the determination of the City the nuisance causes an unsafe condition in the right-of-way requiring prompt attention.
3.
The requirement to maintain objects that obstruct or interfere
with or affect the safety of the use of a right-of-way or sight triangle
shall apply regardless of the person responsible for creating, placing
or planting the object that obstructs, interferes with or affects
the safety of the use of the right-of-way.
