[R.O. 2008 §530.010; Ord. No. 5336 §1, 8-14-1995]
A.
For
the purpose of this Code, any building or structure which is detrimental
to the health, safety or welfare of the public or the residents of
the City of Maryville, Missouri, and that has any or all of the following
defects shall be deemed a "dangerous building":
1.
Those with interior walls or other vertical structural members that
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle one-third (⅓)
of its base.
2.
Those that, exclusive of the foundation, show thirty-three percent
(33%) or more damage or deterioration of the supporting member or
members, or fifty percent (50%) or more damage or deterioration of
the non-supporting enclosing or outside walls or coverage.
3.
Those that have improperly distributed loads upon the floors or roofs
or in which the same are overloaded or that have insufficient strength
to be reasonably safe for the purpose used.
4.
Those that have been damaged by fire, wind or other causes so as
to become dangerous to life, safety or the general health and welfare
of the occupants or the people of this City.
5.
Those that are so dilapidated, decayed, unsafe, unsanitary or that
so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to work injury to the health, safety or welfare
of those occupying such building or structure.
6.
Those having light, air and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
7.
Those having inadequate facilities for egress in case of fire or
panic, or those having insufficient stairways, elevators, fire escapes
or other adequate means of evacuation.
8.
Those that have parts thereof that are attached so that they may
fall and injure members of the public or property.
9.
Any portion of a building or structure, remaining on a site after
the demolition or destruction of the building or structure or whenever
any building or structure is abandoned for a period in excess of ninety
(90) days so as to constitute such building or portion thereof to
be an attractive nuisance or hazard to the public.
10.
Those that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[R.O. 2008 §530.020; Ord. No. 5336 §1, 8-14-1995]
Each "dangerous building", as defined in Section 530.010 of this Chapter, is hereby declared to be a public nuisance and shall be repaired, vacated and/or demolished as further provided for herein.
[R.O. 2008 §530.030; Ord. No. 5336 §1, 8-14-1995; Ord. No. 6579 §§1 — 2, 8-18-2003]
A.
The
following standards shall be followed by the Code Enforcement Officer
and the Board of Code of Appeals in ordering repair, vacation and/or
demolition of a dangerous building:
1.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this Chapter, it shall
be ordered repaired and all design, construction and workmanship shall
conform with accepted industry standards or the International Residential
Code, 2006 Edition and the International Building Code, 2006 Edition.
2.
If the dangerous building is in such condition as to make it dangerous
to the health, safety or welfare of its occupants, it shall be ordered
to be vacated and either repaired or demolished, as is appropriate
under the circumstances.
3.
If the dangerous building is damaged, decayed or deteriorated by
fifty percent (50%) or more based upon value of the structure, and
it cannot reasonably be restored or repaired so that it will no longer
exist in violation of the terms of this Chapter, it shall be demolished.
4.
If both the owner and any other persons having an interest in the
dangerous building are unwilling to restore or repair the building
or structure, it shall be demolished.
5.
If the dangerous building is a fire hazard existing or erected in
violation of any code or ordinance of the City or any Statute of the
State of Missouri, it shall be demolished.
[R.O. 2008 §530.040; Ord. No. 5336 §1, 8-14-1995]
In any case where it reasonably appears that there is immediate
danger to the health, life or safety of any person or to any adjacent
property unless the "dangerous building", as defined herein, is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Board of Code Appeals, and such Board, by resolution, may cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section 530.100 herein.
[R.O. 2008 §530.050; Ord. No. 5336 §1, 8-14-1995]
A.
If
there are any insurance proceeds based upon a covered claim where
payment is made for damage or loss to a building or other structure
caused by or arising out of any fire, explosion, or other casualty
loss, and if the covered claim payment is in excess of fifty percent
(50%) of the face value of the policy covering the building or other
structure, then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment, and shall pay that amount
to the City for deposit into an interest-bearing account.
2.
As to said monies, any mortgagee or lienholder named on the insurance
policy shall maintain priority superior to any obligation under this
Chapter.
3.
Within thirty (30) days after receipt of such insurance monies, the City shall release the proceeds and any interest which has accrued on such proceeds to the insured, or as the terms of the policy, including any endorsements thereto, provide, unless the City has instituted proceedings under the provisions of Section 530.060. In the event the City has proceeded under the provisions of Section 530.060, all monies in excess of that necessary to comply with the provisions of this Chapter for the removal of the building or structure, less salvage value, shall be paid to the insured, subject to the limitations of this Section.
4.
If a special tax bill or assessment is issued by the City for the
expenses of demolition of such building as a dangerous building, the
monies held by the City shall be applied toward payment of a special
tax bill or assessment. If there is any excess, it shall be paid by
the City to the insured or as the terms of the policy, including any
endorsements thereto, provide.
5.
In lieu of payment of all or part of the covered claim payment under this Subsection, the City may certify that it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event and subject to the limitations of Subsection (2), the City may issue a certificate within thirty (30) days after receipt of said proof, allowing payment of the insurance monies to the insured without deduction. It shall be the obligation of the insured or other person making claim to the monies to provide the insurance company with the written certificate provided for in this Subsection.
6.
No provision of this Section shall be construed to make the City
a party to any insurance contract.
[R.O. 2008 §530.060; Ord. No. 5336 §1, 8-14-1995; Ord. No. 5493 §1, 1-13-1997]
A.
The
Code Enforcement Officer shall have and perform the following duties.
1.
Notice of inspection.
a.
Prior to conducting the inspection pursuant to this Section, the
Code Enforcement Officer shall make reasonable, diligent efforts to
provide the record owner of the building to be inspected, forty-eight
(48) hours' notice in advance of the inspection, and to inform the
owner of their right to accompany the Code Enforcement Officer during
the inspection. In the event the Code Enforcement Officer is unable
to provide the notice envisioned herein, the Code Enforcement Officer
may proceed to inspect the premises. However, in such event, the Code
Enforcement Officer shall document all attempts to provide notice
to the owner.
b.
In the event an inspection involves an "emergency situation", wherein
it reasonably appears there is immediate danger to health, life or
safety of any person or any adjacent property, said inspection may
occur without the forty-eight (48) hours' notice in advance of the
inspection to the property owner. As used in this Section, the term "emergency situation" shall include the following:
(1)
Structural failure, including a roof, floor, stairs, foundation
have collapsed or in danger of collapse;
(2)
Electrical wiring failure, including complaints of "hot" wires,
sparks, shock, repetitive failure of fuses or repetitive failure of
circuit breakers;
(3)
Sewage backups, including chronic problems of sewage backing
up into the premises, or the collection of methane gas in the dwelling
or noxious odors emanating from the sewer system;
(4)
Gas leaks, including natural gas odors in the premises of gas
appliances which are suspected of malfunction;
(5)
Mechanical failures, including elevators, which have malfunctioned
or which are in danger of malfunction;
(6)
Possession, maintenance or retention of hazardous materials
on the premises, including explosives and toxic chemicals;
(7)
A complaint which has been prompted by a serious injury occurring
on the premises;
(8)
Excessive infestation of rodents and/or insects;
(9)
Excessive accumulation of garbage or debris.
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In each instance the Code Enforcement Officer shall document
the basis for concluding the existence of the emergency situation.
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2.
Inspection. The Code Enforcement Officer shall:
a.
Inspect or cause to be inspected as often as may be necessary, all residential, commercial, institutional, accessory, garage, assembly, special or miscellaneous occupancy buildings for the purpose of determining whether any condition exists which render such places to be a dangerous building within the terms of Section 530.010 of this Chapter.
b.
Inspect any building, wall or structure about which complaints are
filed by any person alleging that such building, wall or structure
is or may be existing in violation of this Chapter.
3.
Determination and order.
a.
The Code Enforcement Officer shall set forth a description of the
building or structure deemed to be dangerous, and a statement of the
particulars which made the building or structure a dangerous building.
b.
If the Code Enforcement Officer determines that the building or structure
is a dangerous building which must be repaired, the order shall require
that all required permits be secured therefor and the work physically
commenced within a specific time not to exceed thirty (30) days from
the date of the order unless, in the judgment of the Code Enforcement
Officer, it is determined to be necessary to extend such time to commence
the required work. The order shall further require that the work proceed
continuously without unnecessary delay, so as to complete said work
within a reasonable time, but not to exceed one hundred eighty (180)
days.
c.
If the Code Enforcement Officer determines that the building or structure
is a dangerous building which must be vacated, the order shall require
that the building or structure shall be vacated within a certain time
from the date of the order as determined to be reasonable by the Code
Enforcement Officer.
d.
If the Code Enforcement Officer determines that the building or structure
is a dangerous building which must be demolished, the order shall
require that the building be demolished within such time as the Code
Enforcement Officer shall determine reasonable, but not to exceed
thirty (30) days from the date of the order and that all required
permits be secured therefor within thirty (30) days from the date
of the order.
e.
If the Code Enforcement Officer determines that the building or structure
is not a dangerous building, then no order shall be issued.
4.
Posting of notice. Upon completion of the inspection of a building or structure and upon making a determination that said building or structure is a dangerous building as defined in Section 530.010 herein, the Code Enforcement Officer shall post a notice on such building or structure which shall be substantially in the following form, but may include other information:
"This building has been found to be a dangerous building by
the Code Enforcement Officer. This notice is to remain on this building
until it is repaired, vacated and repaired, or vacated and demolished,
in accordance with the notice which has been given the known owner,
occupant, lessee, mortgagee or agent of this building, and all other
persons having an interest in such building as shown by the land records
of the Recorder of Deeds of Nodaway County. It is unlawful to remove
this notice until such notice is complied with. All persons are hereby
notified to keep out as long as this notice remains posted. Any person(s)
willfully destroying, mutilating and removing this notice or entering
this structure will be prosecuted to the full extent of the law."
Provided however, that the posting of such notice shall not
be construed to deprive any person, entitled thereto by this Chapter,
to the notice and hearing as prescribed herein.
5.
Service of notice and order. The notice and order,
and any amended or supplemental notice and order, shall be served
upon the record owner of the dangerous building and posted on the
property. Additionally, one (1) copy shall be served on each of the
following if known to the Code Enforcement Office or disclosed from
the land records of the Recorder of Deeds of Nodaway County, Missouri:
6.
Method of service.
a.
Service of the notice and order shall be made upon all persons entitled
thereto either personally or by mailing a copy of such notice and
order by certified mail, postage prepaid, return receipt requested,
to each such person at their address as it appears on the last equalized
assessment roll of Nodaway County or as known to the Code Enforcement
Officer.
b.
If no address of any such person so appears or is known to the Code Enforcement Officer, then notice shall be had by publication in a newspaper qualified to publish legal notices at least fourteen (14) days in advance of any hearing date, specifically addressed to the person for whom no address is known and all other persons having an interest in said building that has been found to be a dangerous building within the standards set forth in Section 530.010 of this Chapter and shall set forth the requirements of the determination and order of the Code Enforcement Officer.
7.
Proof of service. If service is obtained by personal
service, proof of service of the notice and order shall be certified
as to the time of service by a written declaration executed by the
person effecting service, declaring the time, date and manner in which
service was made. This declaration, together with any receipt card
returned in acknowledgement of receipt by certified mail, shall be
affixed to the copy of the notice and order retained by the Code Enforcement
Officer.
8.
Failure of service. The failure of the Code Enforcement
Officer to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any other person duly served,
nor shall it relieve any such person from any duty or obligation imposed
by the provisions of this Section.
9.
Report. The Code Enforcement Officer shall made
a report in writing to the Board of Code Appeals for any non-compliance
with the notice and order to vacate, repair and/or demolish.
10.
Appearance. The Code Enforcement Officer shall appear
at all hearings conducted by the Board of Code Appeals pursuant to
this Chapter and shall testify as to the condition of dangerous buildings.
[R.O. 2008 §530.070; Ord. No. 5336 §1, 8-14-1995]
A.
Appeal. Any person entitled to service of the notice and
order of the Code Enforcement Officer may appeal from any such notice
and order, or any other action of the Code Enforcement Officer under
this Chapter by filing at the Office of the Department of Public Works
a written appeal containing:
1.
A heading in the words: "Before the Board of Code Appeals of the
City of Maryville, Missouri . . ."
2.
A caption reading: "Appeals of . . ." giving the names of all appellants
participating in the appeal.
3.
A brief statement setting forth the legal interest of each of the
appellants in the building or the land involved in the notice and
order.
4.
A brief statement in ordinary and concise language of that specific
order or action protested, together with any material fact claimed
to support the contentions of the appellant. Only those matters or
issues specifically raised by the appellant shall be considered in
the hearing of the appeal.
5.
A brief statement in ordinary and concise language of the relief
sought and the reasons why it is claimed the protested order or action
should be reversed, modified or otherwise set aside.
6.
The signatures of all parties named as appellants and their official
mailing addresses.
7.
The verification by declaration under penalty of perjury of at least
one appellant as to the truth of the matters stated in the appeal.
B.
Fees. The fee for such appeal shall be one hundred twenty-five
dollars ($125.00) and shall accompany the application for appeal.
The application fee shall not be refundable.
C.
Timing Of Appeal. The appeal shall be filed within thirty (30) days from the date of the service of such notice and order or action of the Code Enforcement Officer. However, if the building or structure is in such condition as to make it immediately dangerous to the health, life, or safety of any person, or any adjacent property as defined in Section 530.040, and is ordered vacated and is posted in accordance with Section 530.060, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the Code Enforcement Officer.
D.
Stay Of Order. Except for orders to vacate the premises made pursuant to Section 530.040, enforcement of any notice and order of the Code Enforcement Officer issued under this Chapter shall be stayed during the pendency of a properly and timely filed appeal.
E.
Failure To Appeal. Failure of any person to file an appeal
in accordance with the provisions of this Section shall constitute
a waiver of the right to request an administrative hearing and adjudication
on the notice and order or to any portion thereof.
[R.O. 2008 §530.080; Ord. No. 5336 §1, 8-14-1995]
Chapter 110, Article III of Title I of the Municipal Code of the City of Maryville, establishing a Board of Code Appeals, is hereby adopted by reference and made a part of this Section as completely as if fully set out herein, with the duties and powers as set forth in Section 530.090 herein to be in addition to all other powers, duties and responsibilities referred to in Chapter 110, Article III of Title I of the Municipal Code of the City of Maryville.
[R.O. 2008 §530.090; Ord. No. 5336 §1, 8-14-1995]
A.
The
Board of Code Appeals shall have and perform the following duties
pursuant to this Chapter:
1.
Date of hearing. As soon as practicable after receiving the written appeal under Section 530.070, or after the receipt of the report of the Code Enforcement Officer pursuant to Section 530.060, the Board of Code Appeals shall fix a date, time and place for the hearing. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the Office of the Department of Public Works or from the date the Code Enforcement Officer filed the report with the Board, whichever is applicable, unless continued by the Board of Code Appeals for good cause shown.
2.
Notice. The notice shall be substantially in the
following form, but may include other information:
"You are hereby notified that a hearing will be held before
the Board of Code Appeals at . . . on the . . . day of . . . 19. .
., at the hour. . . , related to the property described as. . . ,
to show cause why the building or structure reported to be a dangerous
building should not be repaired, vacated and/or demolished in accordance
with the state of particulars set forth in the Code Enforcement Officer's
notice as provided for in this Chapter. You may be present at the
hearing. You may present any relevant evidence and will be given full
opportunity to cross-examine all witnesses testifying against you."
Said notice shall advise the recipient of the procedures involved
in the hearing pursuant to this Section.
3.
Service of notice. Written notice of the time and
location of the hearing and any amended or supplemental notice, shall
be served upon each appellant, and/or the record owner of the dangerous
building. Additionally, one (1) copy shall be served on each of the
following if known to the Board of Code Appeals or disclosed from
the land records of the Recorder of Deeds of Nodaway County, Missouri:
a.
The holder of any mortgage, deed of trust or other lien or encumbrance
of record;
b.
The owner or holder of any lease of record; and
c.
The holder of any other estate or legal interest of record in or
to the building or the land on which it is located; and
d.
Any tenant in possession of the premises.
4.
Method of service.
[Ord. No. 7211 §1, 5-10-2010; Ord. No. 7537 §1, 6-24-2013]
a.
Service of the notice of the hearing shall be made upon all
persons entitled thereto either personally or by mailing a copy of
such notice by certified mail, postage prepaid, return receipt requested,
to each such person at his/her address as it appears on the last equalized
assessment roll of Nodaway County or as known to the Board of Code
Appeals. If served personally, personal service shall be made no less
than fourteen (14) days prior to the hearing date. If served by mailing
a copy by certified mail, the certified mailing shall be delivered
to a United States Post Office mailbox at least twenty-one (21) days
prior to the hearing date.
b.
If no address of any such person so appears or is known to the
Board of Code Appeals, then notice shall be given by publication in
a newspaper qualified to publish legal notices at least fourteen (14)
days prior to the hearing date, specifically addressed to the person
for whom no address is known and all other persons having an interest
in said building, to appear before the Board of Code Appeals on the
date specified and to show cause why the structure or building reported
to be a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Code
Enforcement Officer's notice or decision. Said notice shall notify
the recipient of the procedures involved in the hearing pursuant to
this Section.
5.
Proof of service. If service is obtained by personal
service, proof of service of the notice and order shall be certified
as to the time of service by a written declaration executed by the
person effecting service, declaring the time, date and manner in which
service was made. This declaration, together with any receipt verification
in acknowledgement of receipt by certified mail, shall be affixed
to the copy of the notice and order retained by the Board of Code
Appeals.
[Ord. No. 7211 §1, 5-10-2010]
6.
Failure of service. The failure of the Board of
Code Appeals to serve any person required herein to be served shall
not invalidate any proceedings hereunder as to any other person duly
served or relieve any such person from any duty or obligation imposed
by the provisions of this Section.
7.
Hearing. Upon receipt of the report of the Code
Enforcement Officer or a duly filed appeal, and after having given
the required notice, the Board of Code Appeals shall hold a full and
adequate hearing, and hear such relevant testimony as the Code Enforcement
Officer, any appellant, the record owner, and any other person entitled
to service of notice, shall offer relative to the dangerous building.
8.
Decision. Upon conclusion of the hearing, the Board
of Code Appeals shall make written Findings of Fact based upon competent
and substantial evidence offered at the hearing as to whether or not
the building in question is a "dangerous building" as defined by Section 530.010 herein, and:
a.
If the evidence supports a finding that the building or structure
is a dangerous building, detrimental to the health, life or safety
of any person or to any adjacent property the Board of Code Appeals
shall issue an order based upon the Findings of Fact, commanding the
appellant and/or the record owner, as well as any other person entitled
to notice of the hearing to vacate and ordering the demolition of
the building or structure.
b.
It is further provided that the appellant and/or the record owner
as well as any other person entitled to notice of the hearing shall
have the privilege of either repairing or vacating and repairing said
building, if such repair will bring such building into compliance
with the ordinances and codes of the City of Maryville, provided that
such repair is completed within sixty (60) days of the order being
entered by the Board of Code Appeals.
c.
The appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, shall have the privilege of vacating
and demolishing said dangerous building at their own risk, to prevent
the City of Maryville from acquiring a lien against said land on which
the dangerous building is located, provided that such demolition is
completed within sixty (60) days of the order being entered by the
Board of Code Appeals.
d.
If the evidence does not support a finding that the building or structure
is a dangerous building, then no order shall be issued.
e.
The findings of fact shall be in writing and shall contain findings,
a determination of the issues presented, and an order as to any requirements
to be satisfied. A copy of the decision shall be personally delivered
to the appellant and/or the record owner, as well as any other person
entitled to notice of the hearing, or shall be sent by certified mail,
postage prepaid, to each such person. The effective date of the decision
shall be as stated therein.
[Ord. No. 7211 §1, 5-10-2010]
[R.O. 2008 §530.095; Ord. No. 5336 §1, 8-14-1995]
A.
Non-Compliance. If compliance is not had with the Order
of the Board of Code Appeals within the time provided, and no appeal
is properly and timely filed, a certificate shall be filed in the
Recorder's Office of Nodaway County, Missouri, certifying:
B.
Subsequent Compliance. In the event that subsequent to the
filing of the certificate of dangerous building, the corrections ordered
shall be completed or the building demolished, so that the building
or structure no longer exists as a dangerous building on the property
described in the certificate, a new certificate shall be filed in
the Recorder's Office of Nodaway County, Missouri, certifying that
the building is no longer a dangerous building.
[R.O. 2008 §530.100; Ord. No. 5336 §1, 8-14-1995]
A.
Non-Compliance. If within sixty (60) days, the record owner, appellant, or any other person entitled to service of notice pursuant to Section 530.090 fails to comply with the decision and Order of the Board of Code Appeals, the Board of Code Appeals or the Code Enforcement Officer shall so advise the City Manager who shall cause such building or structure to be repaired, vacated and/or demolished as the facts may warrant.
B.
Tax Bill.
1.
Whenever the City shall have caused repair or demolition work to be completed as provided in Chapter 540 of the Municipal Code of the City of Maryville, the Director of Public Works shall certify the costs of the repair or demolition work to the City Clerk who shall cause a special tax bill to be issued against the lot, tract or parcel of land until paid, and shall cause the same to be registered in the Office of the Recorder of Nodaway County and to be mailed by certified mail to all owners of record of the property. The tax bill shall be collected by the official collecting taxes.
2.
Upon written request of the taxpayer delivered to the City Clerk
within thirty (30) days after completion of the demolition or repair
work, a tax bill for repair or demolition of a building or structure
may be paid in ten (10) equal, annual installments, which installments
with interest thereon to date on the unpaid balance shall be due annually
on the anniversary of the date of issuance of the bill. Interest shall
be paid at the maximum rate per annum allowable by law on the unpaid
balance of the special assessment computed from the date of issuance.
If any annual payment of principal or interest shall not be paid within
thirty (30) days of its due date, the entire remaining balance of
the tax bill shall immediately become due and payable.
3.
If said request for the payment plan is not made within thirty (30)
days after the completion of the repair or demolition work, then the
entire tax bill shall be payable within sixty (60) days of issuance,
with interest thereon.
4.
Tax bills so issued shall be prima facie evidence of the validity
of the bill, the doing of the work and the liability of the property
for the damages stated in the bill. If default should occur, said
amounts shall be collected by suit brought in a court of competent
jurisdiction by the City Attorney on behalf of the City.
[R.O. 2008 §530.110; Ord. No. 5336 §1, 8-14-1995]
Within thirty (30) days of the receipt of the decision of the Board of Code Appeals, any person entitled to notice pursuant to Section 530.090 as to a dangerous building, may appeal such decision to the Circuit Court of Nodaway County pursuant to the procedure established in Chapter 536, RSMo.
[R.O. 2008 §530.120; Ord. No. 5336 §1, 8-14-1995; Ord. No. 6842 §§1 — 2, 6-26-2006]
A.
It
is a violation of this Chapter to:
1.
Fail to comply with an order to repair, vacate and/or demolish any
building or structure which has been determined to be maintained in
violation of the provisions of this Chapter, issued by the Code Enforcement
Officer, unless an active appeal is pending thereon; or
2.
Fail to diligently and timely repair any building or structure which
has been determined to be maintained in violation of the provisions
of this Chapter, as determined by the Board of Code Appeals, unless
an active appeal is pending thereon;
3.
Fail to proceed continuously with the repair or demolition of any
building or structure determined to be in violation of this Chapter
unless an active appeal is pending thereon; or
4.
Fail to comply with an order to repair, vacate or demolish any building
or structure issued by the Board of Code Appeals unless an active
appeal is pending thereon; or
5.
Remove, deface or mutilate the notice placed on any building or structure;
or
6.
Violate any provision of this Chapter.
B.
Any
person who shall violate any provision of this Chapter or fails to
comply with any of the provisions or requirements thereof shall be
punished by a fine not to exceed five hundred dollars ($500.00) or
be imprisoned for a term not to exceed ninety (90) days or both such
fine and imprisonment. Each day that a violation continues after notice
has been issued shall be deemed a separate offense.
C.
The
imposition of the penalties herein prescribed shall not preclude the
City from additionally instituting appropriate action to restrain,
correct or abate a violation, to prevent illegal occupancy of a building,
structure or premises, to stop an illegal act, conduct business or
utilization of the building, structure or premises or take any other
act as allowed by law in addition to the penalties prescribed herein.
[R.O. 2008 §530.130; Ord. No. 5336 §1, 8-14-1995]
The City Attorney shall prosecute all persons failing to comply
with the terms of the notices and orders provided for herein; appear
at all hearings before the Board of Code Appeals pursuant to this
Chapter; bring suit to collect all municipal liens, assessments or
costs incurred by the City in the repairing or demolishing of dangerous
buildings; and take all such other legal actions as are necessary
to carry out and enforce the terms and provisions of this Chapter.
[R.O. 2008 §530.140; Ord. No. 5336 §1, 8-14-1995]
No officer, agent, Board, Commission or employee of the City
shall render themselves personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of their duties under this Chapter. Any suit brought
against any officer, agent, Board, Commission or employee of the City
as a result of any act required or permitted in the discharge of their
duties under this Chapter shall be defended by the City Attorney until
the final determination of the proceedings therein.
