City of Eldon, MO Property Maintenance Code

[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.