[R.O. 2007 §16-120; Ord. No. 6518 §1, 8-5-2002]
The Building Inspector or authorized representative, is authorized to make annual change of occupancy inspections or, upon complaint, a safety check on all rental properties, residential or commercial, and premises located in the City. The owner or occupant of said properties or premises shall permit the Building Inspector or other authorized representatives of the City, including members of the Poplar Bluff Fire Department, free access thereto at all reasonable times for the purpose of conducting safety check examinations and surveys. In the event the owner or occupant shall refuse access to any such properties or premises upon the request of the Building Inspector or authorized representative of the City as set forth herein, the Building Inspector or other authorized representative shall be authorized to apply for the issuance of an administrative search warrant under the provisions of Chapter
130 of the Code for the City for the purpose of implementing the provisions of this Section.
[R.O. 2007 §16-121; Ord. No. 3761 §16.1, 4-6-1970]
A. Whenever
the Building Inspector determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
Chapter, he/she will give notice of such alleged violation to the
person or persons responsible therefor which shall:
2. Contain a statement of the reason why it is being issued;
3. Allow a reasonable time for the performance of any act it requires;
4. Be served upon the owner or his/her agent or the occupant, as the
case may require. Such notice shall be deemed to be properly served
upon such owner or agent or on any such occupant, if a copy thereof
is:
a. Served upon him/her personally, or
b. Sent by registered mail to his/her last known address, or
c. Posted in a conspicuous place in or about the dwelling affected by
the notice.
5. Contain an outline of remedial action which if taken will effect
compliance with the provisions of the Chapter.
[R.O. 2007 §16-122; Ord. No. 3761 §17, 4-6-1970]
A. The
designation of dwellings or dwelling units as unfit for human habitation
and the procedure for such declaration and placarding of such unfit
dwellings or dwelling units shall be carried out in compliance with
the following requirements:
1. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be so designated and placarded by the Building Inspector when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section
515.550,
2. One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public, or
3. One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public, or
4. One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
[R.O. 2007 §16-123; Ord. No. 3761 §17.1, 4-6-1970]
A. Any
dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Building Inspector shall be
vacated within a reasonable time as ordered by the Building Inspector.
B. No
dwelling or dwelling unit which has been condemned and placarded as
unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Building Inspector. The Building Inspector shall remove such
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated.
[R.O. 2007 §16-124; Ord. No. 3761 §17.2, 4-6-1970]
No person, except the Building Inspector, shall deface or remove
the placard from any dwelling or dwelling unit which has been condemned
as unfit for human habitation and placarded as such.
[R.O. 2007 §16-125; Ord. No. 3761 §17.3, 4-6-1970]
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling or dwelling unit as unfit for human habitation
may request and shall be granted a hearing on the matter before the
Board of Adjustment.
[R.O. 2007 §16-126; Ord. No. 3761 §18, 4-6-1970]
A. The
owner of any building shall have sixty (60) days from the issuance
of the notice provided for in this Article in which to remedy the
condition therein specified; provided however, that the Building Inspector
may, at his/her discretion, extend the time for compliance with any
such notice and, provided further, that no owner shall be held responsible
for any condition that is not specifically described in such notice.
B. Failure
of any owner to comply with any order of the Building Inspector contained
in such notice within the time specified shall make such owner subject
to the penalties provided for violations of this Code.
[R.O. 2007 §16-127; Ord. No. 3761 §19, 4-6-1970]
If any building covered by this Chapter shall be found to be
unfit for human habitation and the cost of repair or alteration shall
be deemed prohibitive by the Building Inspector, then he/she shall
condemn such building and proceed with its removal as in all other
cases of condemned buildings.
[R.O. 2007 §16-128; Ord. No. 3761 §20, 4-6-1970]
The owner of every building or dwelling unit or rooming unit
which is declared "unfit for human habitation" for continued occupancy
shall make the dwelling, building or rooming unit safe and secure
under the terms so that it shall not be dangerous to human life and
shall not constitute a fire hazard or public nuisance. Any such vacant
dwelling open at doors or windows, if unguarded, shall be deemed to
be dangerous to human life as a fire hazard and a public nuisance
within the meaning of this provision.
[R.O. 2007 §16-129; Ord. No. 3761 §21.1, 4-6-1970]
It shall be unlawful for the owner of any dwelling or dwelling
unit upon whom a notice of violation or compliance order has been
served to sell, transfer, mortgage, lease or otherwise dispose of
thereof to another until the provisions of the notice of violation
or compliance order have been complied with, or until such owner shall
first furnish to the grantee, lessee or mortgagee a true copy of any
notice of violation or compliance order issued by the Building Inspector.
The grantee, lessee or mortgagee shall issue a receipt to the owner
acknowledging the proposed transfer. A transferee, lessee or mortgagee
who has received actual or constructive notice of the existence of
a notice of violation or compliance order shall be bound by such notice
as of the date of the transfer without further service or notice upon
him/her.