[Ord. No. 2013-28 §1, 7-23-2013]
The International Property Maintenance Code/2012 and Appendix A, Boarding Standard, published by the International Code Council, Inc., three (3) copies of which are on file in the office of the City Clerk, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of the City of Eldon, with the additions, insertions, deletions and changes contained in Section
500.190.
[Ord. No. 2013-28 §1, 7-23-2013]
The additions, insertions, deletions and changes in the International
Property Maintenance Code 2012 as adopted above shall be as set out
below:
Section 101.1: These regulations shall be known
as the "Property Maintenance Code of the City of
Eldon, Missouri," hereinafter referred to as "this code."
Delete Section 103.5.
Delete Section 106.3 and insert the following in its place:
106.3: Prosecution of Violation. Any person
failing to comply with a notice of violation or order served in accordance
with Section 107 shall be guilty of a misdemeanor and upon conviction
shall be punishable as set forth in Section 106.4. If the notice of
violation is not complied with, the Codes Enforcement Officer shall
institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
Add 107.6: If the owner, occupant, mortgagee,
or lessee fails to comply with the order within thirty (30) days,
the Codes Enforcement Officer shall cause such building or structure
to be repaired, vacated or demolished and the property cleaned up
as the facts may warrant; and the Codes Enforcement Officer shall
certify the cost of the work borne by the City of Eldon for such repair,
vacation or demolition or cleaned up to the City 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 City of Eldon 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 Codes Enforcement Officer
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 City of Eldon 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 City of Eldon 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 City of Eldon has instituted legal proceedings
of 107.6 of this Section. If the City of Eldon 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 City of Eldon 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 Codes Enforcement Officer 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 Codes Enforcement
Officer 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.
Delete Section 304.14 and insert in its place:
304.14: Insect Screens: During the period from
May to October, every door, window and other outside openings required
for ventilation of habitable rooms, food preparation areas food service
areas or any areas where food products to be included or utilized
in food for human consumption are processed, manufactured, packages
or stored, shall be supplied with approved tightly fitting screens
of not less than sixteen (16) mesh per inch (16 mesh per 25 mm) and
every swinging door shall have a self-closing device in good working
condition.
Delete Section 602.3 and insert in its place:
602.3: Heat Supply: Every owner and operator
of any building who rents, leases or lets one or more dwelling unit,
rooming unit, dormitory or guestroom on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat
during the period from October to May to maintain a temperature of
not less than sixty-eight degrees Fahrenheit (68°F)(20°C)
in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. (Reserved)
2. In areas where the average monthly temperature is above thirty
degrees Fahrenheit (30°F)(-1°C) a minimum temperature of sixty-five
degrees Fahrenheit (65°F)(18°C) shall be maintained.
Delete Section 602.4 and insert in its place:
602.4: Occupiable Work Spaces: Indoor occupiable
work spaces shall be supplied with heat during the period from October
to May to maintain a temperature of not less than sixty-five degrees
Fahrenheit (65°F)(18°C) during the period the spaces are occupied.
Delete Section 604.2 and insert in its place.
604.2: Service: The size and usage of appliances
and equipment shall serve as a basis for determining the need for
additional facilities in accordance with the ICC Electrical Code.
Dwelling units shall be served by a three-wire, 120/240-volt, single-phase
electrical service having a rating of not less than one hundred (100)
amperes.
Any person who shall violate a provision of this Article or
the code adopted herein or shall fail to comply with any requirements
thereto or any of the approved construction documents or directives
of the Codes Enforcement Officer, or of a permit or certificate issued
under the provisions of this Article or the code adopted herein, shall
be guilty of a misdemeanor, punishable by a fine of not more than
five hundred dollars ($500.00) or by imprisonment for a period not
exceeding ninety (90) days, or by both fine and imprisonment. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.