[Ord. No. 241 §1, 9-10-1973; Ord. No. 266 §1, 9-8-1980; Ord. No. 272 §1, 5-4-1981; Ord. No. 299 §1, 7-7-1986; Ord. No. 317 §1, 12-5-1988; Ord. No. 344, 4-3-1995; Ord. No. 365 §1, 10-5-1998; Ord. No. 371 §1, 8-7-2000; Ord. No. 375 §1, 4-2-2001; Ord. No. 380 §1, 5-6-2002; Ord. No. 03-392 §1, 11-10-2003; Ord. No. 06-435 §1, 5-8-2006; Ord. No. 06-436 §1, 5-8-2006; Ord. No. 09-471 §1, 9-14-2009; Ord. No. 10-488 §1, 11-9-2010; Ord. No. 21-609, 5-10-2021]
The Saint Louis County Building/Swimming Pool and Spa, Residential, Existing Building, Mechanical, Electrical, Plumbing, Explosives and Property Maintenance Codes as amended by the County of Saint Louis, Missouri, through date of the last amendatory ordinances:
Building Code, Chapter 1115, including the Swimming Pool and Spa Code, Chapter 1118, SLCRO 27,654 (Approved 12/18/19, Adopted 04/01/20), as amended.
Residential Code, Chapter 1116, SLCRO 27,654 (Approved 12/18/19, Adopted 04/01/20), as amended.
Existing Building Code, Chapter 1117, SLCRO 27,654 (Approved 12/18/19, Adopted 04/01/20), as amended.
Mechanical Code (including Fire Suppression Systems, Elevators and Conveying Systems, Amusement Rides and Periodic Inspections of Mechanical Equipment), Chapter 1108, SLCRO 27,619 (Approved 12/05/19, Adopted 04/01/20), as amended.
Electrical Code, Chapter 1102, SLCRO 27,430 (Approved 06/18/19, Adopted 10/01/19), as amended.
Plumbing Code, Chapter 1103, SLCRO 27,424 (Approved 06/05/19, Adopted 10/01/19), as amended.
Explosives Code, Chapter 711, SLCRO 22,015 (Approved 09/14/04), as amended.
Property Maintenance Code including Residential re-occupancy permits, Chapter 1110, SLCRO 27,617 (Approved 12/05/19, Adopted 04/01/20), as amended.
are hereby adopted as the Building/Swimming Pool and Spa, Residential, Existing Building, Mechanical, Electrical, Plumbing, Explosives and Property Maintenance Codes of the Village of Marlborough, Missouri, a copy of which is attached hereto, as if fully set out herein and held on file in the City offices.
A. 
The 2000 International Property Maintenance Code, as adopted in Section 500.020 above, is hereby amended as follows:
Add 107.6: If the owner, occupant, mortgagee, or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the Village of Marlborough for such repair, vacation or demolition or cleaned up to the Village Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon such property and shall be deemed a personal debt against the property owner(s) unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the Village of Marlborough and such contractor files a mechanic's lien against the property where violation(s) occur. The contractor may enforce this lien as provided in Sections 429.010 to 429.360 RSMo. Except as provided in Section 107.7 of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
Add 107.7: As to damage or loss to a building or other structure by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Code Official as provided in Section 107.6, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property. 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, the following procedure is establisher for the payment of up to twenty-five percent (25%) of the insurance proceeds, as set forth in Subdivisions (a) and (b) of the Section. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
a. The insurer shall withhold from the covered claim, payment up to twenty-five percent (25%) of the covered claim payment, and shall pay such monies to the Village of Marlborough to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.
b. The Village of Marlborough shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (a) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the Village of Marlborough has instituted legal proceedings of 107.6 of this Section. If the Village of Marlborough has proceeded under the provisions of 107.6 of this Section, all monies in excess of that necessary to comply with the provisions of 107.6 of this Section for removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
Add 107.8: If there are no proceeds of any insurance policy as set forth in 107.7 of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the owner(s) until paid.
Add 107.9: Section 107.7 of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
Add 107.10: Section 107.7 of this Section does not make the Village of Marlborough a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
Add 107.11: The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Section 107.7 that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after the receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Section 107 of this Section. It shall be the obligation of the insured or other person(s) making a claim to provide the insurance company with the written certificate provided from this Section.
B. 
Any person violating any of the provisions of the code adopted in this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars ($1,000.00) or be imprisoned in the Village or County Jail for a period not exceeding three (3) months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.