City of Palmyra, MO Dangerous or Unsafe Buildings and Structures

Structures that are or hereafter become unsafe, insanitary or inefficient because of inadequate means of egress facilities, inadequate light and ventilation or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance.

Section 510.020 Prohibition.

[Ord. No. 1262-22-15, 11-17-2022]

Any dangerous or unsafe buildings or structures as defined in Section 510.010 is hereby declared to be a nuisance.

If the owner, agent for the owner, or occupant is served with written notice that a building or structure is dangerous or unsafe, then after ten (10) or more days from such service, it shall be unlawful for that owner, agent for the owner or occupant to maintain or permit such nuisance within the confines of the City limits of Palmyra.

Violations of this Chapter may be prosecuted in the Palmyra Municipal Court.

Each new day the nuisance shall remain shall constitute a new violation and a new citation may be issued each day.

It shall be the duty of the Building Inspector to:

Inspect, or supervise inspectors who inspect, any alleged dangerous or unsafe buildings or structures;

Serve written notices to the owner, agent for the owner, or occupant by personal service if a dangerous or unsafe building or structure is determined;

When they deem necessary or appropriate to make referrals for hearings to the Building Commission as otherwise provided in this Chapter regarding dangerous or unsafe buildings or structures; and/or

When they deem necessary or appropriate, to file complaints in City Court regarding dangerous or unsafe buildings which constitute a nuisance.

Section 510.030 Penalties.

[Ord. No. 1262-22-15, 11-17-2022]

Any person convicted of any violation of this Chapter, within the same twelve (12) month period, shall be punished by a fine, including court costs not to exceed the following amounts:

First violation: two hundred dollars ($200.00).

Second violation: two hundred seventy-five dollars ($275.00).

Third violation: three hundred fifty dollars ($350.00).

Fourth and subsequent violations: four hundred fifty dollars ($450.00).

Jail time shall not accrue for violations of this Chapter.

Section 510.040 Building Commission.

[Ord. No. 1262-22-15, 11-17-2022]

There is hereby created a Building Commission. The Building Commission shall be comprised of the Building Inspector, the Police Chief, the Street Commissioner and one (1) Council member appointed by the Mayor with the consent of the City Council. The Building Commission shall be charged with the responsibility of enforcing the administrative provisions of this Chapter. It shall be the duty of the Building Commission to hold hearings regarding said buildings or structures. Any determination of the Building Commission shall be made by a simple majority. A quorum shall constitute at least three (3) members. In the event of a tie vote, the tie shall be broken by a vote of the Mayor.

Section 510.050 Abatement Of Nuisance.

[Ord. No. 1262-22-15, 11-17-2022]

The provisions of Section 510.030 shall not be construed to prevent the City from requiring the abatement of the nuisance as provided under Section 116 of the 2012 International Building Code as adopted by Chapter 500 or as provided by Chapter 510 of these ordinances. Abatement proceedings may be followed either in lieu of or in addition to any proceedings in Municipal Court.

In addition to prosecution in Municipal Court, the City may seek abatement of the nuisance and imposition of a tax bill. Notwithstanding any provisions for notice as contained in Section 116 of the 2012 International Building Code as adopted by Chapter 500 of these ordinances, this Section shall control in those instances where the City elects to proceed with abatement and imposition of a special tax bill. The Building Inspector shall provide written notice to the owner of the property that a building or structure owned by them has been deemed dangerous or unsafe. Such written notice shall be provided 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. The notice shall specifically describe each condition of the lot or land declared to be a public nuisance, and which notice shall identify what action will remedy the public nuisance. Unless a condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than ten (10) days, in which to abate or commence removal of each condition identified in notice.

Upon the failure to pursue the removal or abatement of such nuisance without unnecessary delay, the Building Inspector shall notify the Building Commission and shall request that the matter be set for hearing before the Building Commission. If at least two (2) members of the Building Commission agree that it is appropriate to do so, the matter shall be set for a full and adequate hearing. The Building Commission shall provide an order to the City Clerk to provide a copy of the Building Inspector's prior notice and further to notify the affected parties of the date of hearing, giving them at least ten (10) days prior notice of the hearing. Notice shall be 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. Parties who are affected parties and shall receive notice are the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in the property as shown by the land records of the recorder of deeds of Marion County. The cost of a title search to identify such parties shall be taxable as a cost of this action if the property is found to be a nuisance by the Building Commission. At the hearing, parties shall be entitled to appear and be heard, to call witnesses, and to be represented by an attorney if they so desire. If after completion of the hearing the Building Commission determines that the condition of the lot or land justifies a finding of nuisance, the interested parties shall have ten (10) days to begin abatement of the condition. If such abatement is not commenced within that period of time, or is not completed without unnecessary delay, then the condition which constitutes the nuisance may be removed or abated by the City pursuant to the Building Commission's order. The cost of the title search, the cost of removal or abatement and the cost of notice shall be certified to the City Clerk who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill at the City Collector's option, for the property and the certified cost shall be collected by the City Collector in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid, and shall be paid in full before the City shall accept payment of real estate taxes.

Notwithstanding any provision of any ordinance or the City's Charter to the contrary, the City may, by action of the City Council, discharge all or any portion of the unrecovered costs or fines added pursuant to this Section to the special tax bill upon a determination by the City that a public benefit will be gained by such discharge, and such discharge shall include any costs of tax collection, accrued interest, or attorney fees related to the special tax bill.

Section 510.060 Appeal.

[Ord. No. 1262-22-15, 11-17-2022]

Any party affected by abatement procedures set out in Section 510.050 may appeal from the determination of the Building Commission or the proceedings thereunder by filing an appeal to the Circuit Court of Marion County as provided under Chapter 536 of the Revised Statutes of Missouri.

Section 510.070 City Officials Authorized To Enter And Inspect Premises.

[Ord. No. 1262-22-15, 11-17-2022]

Subject to constitutional limitations, the Building Inspector and all Police Officers of the City are hereby authorized to enter upon any premises in the City which are used for carrying on any public business under license from the City, where there is reason to believe that a nuisance as defined herein exists.

The acceptance of a license from the City shall constitute consent to such entry.

If any premises are not used for carry on public business under license from the City, then the Building Inspector or Police Officers shall be empowered to seek an administrative search warrant from the Palmyra Municipal Court if there is a reasonable belief that a nuisance as defined in this Chapter exists.

The Building Inspector shall have such duties and obligations as set out in this Chapter. Police Officers shall have the duty to report to the Building Inspector any condition which they believe causes a building to be dangerous or unsafe.