[Ord. No. 1759 §5(A,B), 3-6-1995; Ord. No. 1823 §1, 5-6-1996]
A.
The various Codes, set out in Section 500.010, adopted by reference include various Sections on the powers and duties of the Building Official, permits, inspections, approvals, fees, appeals and violations. Where each specific Code adopted has sufficient internal provisions, those terms will be used and be exhausted or followed in order to fully carry out the intent and provisions of each separate Code.
B.
Where
each or any Code requires a supplemental provision or there is not
a provision to allow administration, organization, enforcement, permits,
fees and inspections, this Chapter establishes that the "Building
Officials" appointed by the Board of Aldermen of the City
of Pleasant Valley is hereby authorized to administer, enforce, and
to perform all the duties and exercise all the powers of administration,
inspection, enforcement and to grant approvals of all applications
and plans that are the subject of the respective Codes. This Section
establishes that the "Building Officers" appointed
by the Board of Aldermen of the City of Pleasant Valley is hereby
authorized to approve all residential permits. Commercial permits
will require approval of the Board of Aldermen.
[Ord. No. 1759 §5(C), 3-6-1995]
Where the fees and costs are provided or specified under the separate Codes, those shall apply, and where no fee is specified, the Board of Aldermen shall and does publish a schedule of fees and charges, set out in Article VI of this Chapter. If any such fee or charge is challenged as being unauthorized or illegal because it exceeds some prior scheduled fee which is restricted from increase without a favorable vote of the citizens, the fee shall be fixed at the amount previously in force within this City under its ordinances prior to the effective date of the law commonly referred to as the Hancock Amendment, until voter approval for increase is obtained. Such prior fees and charges under prior ordinances are specifically retained and not repealed notwithstanding anything otherwise herein provided.
[Ord. No. 1759 §5(D), 3-6-1995; Ord. No. 2742 §1, 6-19-2006; Ord. No. 2879 §1, 10-20-2008]
A.
Application For Appeal. Any person shall have a right to
appeal a decision of the Building Inspector to the Board of Building
Appeals based upon a claim that:
1.
The decision of the Building Inspector is not consistent with the
true meaning of the Building Code,
2.
The provisions of the Building Code have been incorrectly interpreted,
3.
The provisions of the Building Code do not apply, or
4.
To evaluate a proposed equivalent level of safety or protection.
An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully
apply or an equivalent form of construction is to be used.
B.
Time Limitation And Filing Procedure. All appeals shall
be filed in writing with the City Clerk. An application for appeal
may not be filed more than thirty (30) days after the affected individuals
are notified of the Building Inspector's decision.
C.
Filing Fee. An application for appeal shall not be filed
without full payment of the filing fee of two hundred fifty dollars
($250.00) which shall be paid upon the submittal of an "application
for appeal" in order for a quorum of the Board of Building Appeals
to be notified for the purpose of hearing an appeal of a decision
of the Building Inspector as set forth in this Chapter. The application
for appeal must specifically state which code Sections are being appealed
and why.
D.
Membership. The Board of Building Appeals shall consist
of five (5) members who shall be registered voters of Clay County,
Missouri, appointed by the Mayor with the consent of the Board of
Aldermen. Each member shall be appointed for a five (5) year term.
Provided however, the initial members of the Board of Building Appeals
shall be appointed as follows: two (2) members each appointed to a
five (5) year term, two (2) members each appointed to a three (3)
year term and one (1) member appointed to a one (1) year term. To
the extent possible, members of the Board of Building Appeals shall
be representative of the following professions or disciplines: registered
architects, builder or superintendent of building construction with
ten (10) years of experience, structural engineer, code enforcement
professional, mechanical engineer, electrical engineer, civil engineer,
fire protection engineer, mechanical contractor, electrical contractor,
plumbing contractor, fire protection contractor or other disciplines
associated with the building trades or design professions.
E.
Chair. The Chair of the Board of Building Appeals shall
be appointed annually by the Mayor subject to the approval of the
City Council.
F.
Secretary. The Mayor shall designate a qualified clerk to
serve as Secretary to the Board of Building Appeals. The Secretary
shall file a detailed record of all proceedings in the office of the
City Clerk.
G.
Compensation Of Members. Members of the Board of Building
Appeals shall be compensated for their service in the amount of fifty
dollars ($50.00) per each meeting actually attended.
H.
Notice Of Meeting. The Board of Building Appeals shall meet
upon notice from the Chair or the Mayor, within ten (10) calendar
days of the filing of an appeal with the City Clerk or at stated periodic
meetings.
I.
Open Hearing. All hearings before the Board of Building
Appeals shall be open to the public. Proper public notice shall be
given. The appellant, the appellant's representative, the Building
Inspector and any person whose interests are affected shall be given
the opportunity to be heard. Strict rules of evidence do not apply
and only relevant evidence shall be received.
J.
Quorum. Three (3) members of the Board of Building Appeals
shall constitute a quorum for the purpose of hearing appeals.
K.
Board Decision. The Board of Building Appeals shall uphold,
reverse or modify the decision of the Building Inspector by a majority
vote of those present and voting. The Board of Building Appeals shall
issue its decision by resolution. The Board of Building Appeals may
not waive or set aside a code requirement.
[Ord. no. 1759 §5(E), 3-6-1995; Ord. No. 2742 §2, 6-19-2006]
Any person aggrieved by the ruling of the Building Inspector
or the Board of Building Appeals may appeal first to the Board of
Building Appeals and thereafter may pursue an administrative review
to the Circuit Court of Clay County, Missouri, as provided by the
Statutes and Supreme Court Rules of the State of Missouri. The aggrieved
party shall be required to pay all costs and fees required by the
Circuit Court of Clay County, Missouri, together with the costs of
the City of Pleasant Valley to prepare the record of appeal.
[Ord. No. 1759 §5(F), 3-6-1995]
A.
With
respect to damage or loss sustained to a building or structure in
the City of Pleasant Valley, the Board of Aldermen are authorized
to issue in connection with the personal obligation and the special
assessment and tax bill authorized by Chapter 905 of the Uniform Code
for the Abatement of Dangerous Buildings a notice and a lien on behalf
of the City of Pleasant Valley to any insurance company and agent
to withhold payment of the covered claim for repairs or demolition
an amount equal to the personal obligation and special tax and assessment
as determined by the City of Pleasant Valley; and
B.
The
Board of Aldermen are further authorized if the covered claim payment
for a casualty loss and damage exceeds fifty percent (50%) of the
face value of the policy on the improvements, pending final determination
of the need for and the amount of special tax and assessment as provided
by Chapter 905 of the IEBC , to issue an interim notice and lien to
such insurance companies and agents as may be liable to pay a covered
claim of the lien provided herein and to require payment of a sum
equal to the estimated special tax bill or assessment, not to exceed
twenty-five percent (25%) of the covered claim payment pending final
resolution of the amount under Chapter 905 of the IEBC . The insurance
company shall pay the sum stated to the City Treasurer.
C.
Any owner, insured, insurer or agent shall pay the amount provided in Subsection (B) above or found under Chapter 905 of the IEBC to the City of Pleasant Valley for deposit into a segregated interest bearing account pending final resolution of the amount, if any, due under Chapter 905 of the IEBC and the Clerk of the City shall give a receipt therefor.
D.
Any
valid mortgagee on a Deed of Trust, Mortgage or Security Agreement
shall maintain priority under any insurance contract where they hold
a loss payee insured interest and the rights asserted under this Chapter
shall not defeat or impair such persons or firms.
E.
Upon final resolution of the amount due under Chapter 905 of the IEBC and Section 500.100 of this Chapter, the City shall release or retain the payment for covered claims, fines, penalties, costs, attorney fees, and accrued interest to the City Treasurer in the amount of any final tax bills, fines, penalties, costs, attorney fees, or assessments unpaid or to the owners or other persons as their interest may appear. If there are multiple claimants, the City may interplead the funds on hand and is to be allowed its costs, expenses and attorneys fees reasonably incurred in connection with resolution of the original dispute, appeals and interpleader actions.
F.
The
City in carrying out and proceeding under its duties to demolish or
otherwise deal with a damaged or dangerous building is not limited
by the insurance recovery amount and the City is not a party to such
insurance contract, is not liable to any party for any amounts of
money or damages with respect to the exercise of its duties to protect
and provide for the health and welfare of its inhabitants.
