[R.O. 1996 § 515.260; Ord. No. 4517 § 2, 11-3-2014]
Whenever the Code Official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner, occupant, lessee, mortgagee, agent, or the person or persons responsible therefor, and all persons having an interest in the building or structure as shown on the land records of Jackson County, Missouri, in the manner prescribed in Sections 515.270 and 515.280.
[R.O. 1996 § 515.270; Ord. No. 4517 § 2, 11-3-2014]
A.
Such notice prescribed in Section 515.260 shall:
1.
Be in writing;
2.
Include a description of the real
estate sufficient for identification and any street address if one
is available;
3.
Include a statement and description
of the violation or violations and why the notice is being issued
and that said structure or building has been found to be a public
nuisance under this Chapter;
4.
Include an order to vacate, repair,
recondition or remove structures as required in the Code Official's
opinion to abate any public nuisance; and
5.
Include a correction order allowing
a reasonable amount of time, as in the discretion of the Code Official
is deemed reasonable, to remove, demolish, or complete repairs and
improvements required to bring the building or structure into compliance
with the provisions of this Chapter and abate any public nuisance
while requiring that the work shall proceed continuously without unnecessary
delay.
B.
Such notice may also include the notice of hearing required under Sections 515.830 and 515.860, provided the Code Official may cancel or continue the hearing if, prior to the scheduled hearing date, the work required by the abatement order has commenced and has proceeded continuously thereafter without unreasonable delay.
[R.O. 1996 § 515.280; Ord. No. 4517 § 2, 11-3-2014]
A.
Such notice shall be deemed to be properly
served if a copy thereof is:
1.
Delivered personally by handing same
to the person by anyone competent to be a witness or by leaving the
notice at the usual place of abode of the one to be served with a
member of the household over the age of fifteen (15) years; or
2.
Sent by certified or first-class
mail addressed to the last known address, with mail returned by the
United States Post Office marked "refused" constituting proof of service;
or
3.
If service cannot be had through
personal delivery or by certified mail, the full text of such notice
is published in a newspaper of general circulation at least once a
week for four (4) consecutive weeks on the same day of the week, with
the notice of hearing to be at least forty-five (45) days following
the first publication of notice; and
4.
Posted in a conspicuous place in
or about the structure affected by such notice and visible from the
closest public right-of-way.
[R.O. 1996 § 515.290; Ord. No. 4517 § 2, 11-3-2014]
Penalties for noncompliance with orders and notices shall be as set forth in Section 100.080, but in no event shall the issuance of citations or imposition of a penalty under Section 100.080 impede action by the City or Code Official to abate, remedy or mitigate the condition of the structures or property and to seek reimbursement for its costs hereunder pursuant to this Chapter or other City code.
[R.O. 1996 § 515.300; Ord. No. 4517 § 2, 11-3-2014]
It shall be unlawful for the owner
of any dwelling unit or structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
