[R.O. 2013 § 510.180; R.O. 2012 § 510.180;
CC 1987 § 46.500]
A. Enforcement Official. It shall be the duty and responsibility of
the enforcement official and his/her delegated representative to enforce
the provisions of this Chapter. No order for correction of any violation
under this Chapter shall be issued without the approval of the enforcement
official.
B. Inspections. The enforcement official or his/her delegated representative
is authorized and directed to make inspections to determine whether
dwellings, dwelling units, rooming units, accessory structures and
premises located within this Village conform to the requirements of
this Chapter. For the purpose of making such inspections, the enforcement
official is authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units, accessory structures
and premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, accessory structure and its premises shall give the
enforcement official access thereto at reasonable time for the purpose
of such inspection, examination and survey.
C. Inspections Initiated. Inspections shall be initiated under the following
circumstances:
1.
Upon application for any occupancy permit for the dwelling unit
or other notification that there will be a change of occupancy of
said dwelling unit.
2.
On a selective Code enforcement basis when, in the opinion of
the enforcement official, a designated area shows evidence of blight
or its forerunners.
3.
When, on the basis of a complaint or his/her personal observation,
the enforcement official reasonably suspects that a dwelling unit
has Code violations and, as such, constitutes a health and/or safety
hazard.
D. Access By Owner Or Operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or his/her agent or employee,
access to any part of such structure or its premises at reasonable
times for the purpose of making such inspection, maintenance, repairs
or alterations as are necessary to comply with the provisions of this
Chapter.
[R.O. 2013 § 510.190; R.O. 2012 § 510.190;
CC 1987 § 46.510]
Whenever the enforcement official or his/her delegated representative
finds evidence of a violation of any provision of this Chapter, he/she
shall declare a public nuisance and give notice of same to the person
or persons responsible hereunder. Such notice shall be in writing
and shall include a statement of each of the provisions of this Chapter
being violated, together with a statement of the corrective action
required to cure such violation. Such notice shall specify the period
of time within which such remedial action shall be taken, which time
shall be a reasonable period of time under all of the circumstances.
Appeal procedures available shall be specified. Such notice shall
be served by delivering a copy to the owner, or his/her agent, or
the occupant, as the case may require or, if such person cannot be
found, requested, or, if same cannot be delivered, by posting a copy
of such notice in a conspicuous place in or about the building affected
by the notice. The notice shall be deemed served on the date served
or received or ten (10) days after posting as herein provided.
[R.O. 2013 § 510.200; R.O. 2012 § 510.200;
CC 1987 § 46.520]
A. Remedy Of Defects. The owner of any building shall have thirty (30) days from the issuance of the notice provided for in Section
510.190 in which to remedy the condition therein specified, except when emergency conditions shall require immediate action as provided in Section
510.240 provided however, that the enforcement official may, at his/her discretion, extend the time for compliance with any such notice.
B. Reinspection. At the time when the defects have allegedly been brought
into compliance, the enforcement official shall reinspect the dwelling,
dwelling unit, rooming unit, accessory structure and its premises.
At this time, he/she shall make a complete inspection, taking particular
notice that the violations previously noted have been brought into
compliance, and that no new violations have come into existence in
the time which has elapsed since the first inspection.
C. Reinspection Fee. The fee for any reinspection shall be on file in
the Village office and shall be payable to the enforcement official.
[R.O. 2013 § 510.210; R.O. 2012 § 510.210;
CC 1987 § 46.530]
A. Placard On Building. The designation of dwelling or dwelling units
as unfit for human habitation and the procedure for such declaration
and placarding of such unfit dwelling or dwelling units shall be carried
out in compliance with the following requirements.
1.
Any dwelling or unit which shall be found to have any of the following defects shall be declared unfit for human habitation and shall be designated and placarded by the enforcement official when the person responsible has failed to correct the condition set forth in a notice issued in accordance with Section
510.190.
a.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it created a serious hazard to the health
or safety of the occupants or to the public.
B. Building To Be Vacated. Any dwelling or dwelling unit condemned as
unfit for human habitation, and so designated and placarded by the
enforcement official, shall be vacated within a reasonable time as
ordered by the enforcement official.
C. Re-occupation Of Building. No dwelling or dwelling unit which has
been condemned and placarded as unfit for human habitation shall be
reoccupied until written approval is secured from, and such placard
removed by the enforcement official. The enforcement official shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding were based have been eliminated.
D. Unlawful To Remove Placard. No person 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 except as provided
in the preceding Subsection.
[R.O. 2013 § 510.220; R.O. 2012 § 510.220;
CC 1987 § 46.540]
A. Prosecution. In case any violation of this Chapter is not remedied
within the prescribed time period designated by the enforcement official,
he/she shall request the legal representative of the Village to enforce
the penalty provisions of this Chapter or to institute an appropriate
action or proceeding at law against the person or firm responsible
for the failure to comply, ordering him/her:
1.
To restrain, correct or remove the violation or refrain from
any further execution of work;
2.
To restrain or correct the erection, installation or alteration
of such building;
3.
To require the removal of work in violation; and
4.
To prevent the occupation or use of the building, structure
or part thereof erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this Chapter or in
violation of a plan or specification under which an approval, permit
or certificate was issued.
B. Penalty For Violations. Any person, firm or corporation who shall
violate any provision of this Chapter shall, upon conviction thereof,
be subject to a fine of not less than twenty-five dollars ($25.00)
or more than one hundred dollars ($100.00). Every day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
[R.O. 2013 § 510.230; R.O. 2012 § 510.230;
CC 1987 § 46.550; Ord. No. 826 § 1, 12-20-2001]
A. Hearing. Upon failure to commence work or reconditioning or demolition
within the time specified, or upon failure to proceed continuously
with the work without unnecessary delay, the enforcement official
shall call and have a full and adequate hearing upon the matter, giving
the affected parties at least twenty-one (21) days' written notice
of the time, place and purpose of the hearing. Said notice shall be
given in the same manner as notice of the declaration of nuisance
is given. At that hearing, any part may be represented by counsel
and all parties shall have an opportunity to be heard. After the hearing,
if the evidence supports a finding that the building or structure
is a nuisance or detrimental to the health, safety or welfare of the
residents of the Village, the enforcement official shall issue order
making specific findings of fact, based upon competent and substantial
evidence, which shows the building or structure to be a nuisance and
detrimental to the health, safety or welfare of the residents of the
Village, and ordering the building or structure to be demolished and
removed, or repaired. If the evidence does not support a finding that
the building or structure is a nuisance or detrimental to the health,
safety or welfare of the residents of the Village, no order shall
be issued. Notice of any post-hearing orders shall be given in the
same manner as notice of the declaration of a nuisance.
B. Special Tax Bill. If any post-hearing order of the enforcement official
is not obeyed within thirty (30) days after its issuance, and if appeal
of any post-hearing order is not made to the Circuit Court as provided
for in this Chapter within thirty (30) days after issuance of any
such order, the enforcement official may cause such building or structure
to be repaired, vacated or demolished as provided in his/her post-hearing
order. The enforcement official shall certify the costs for such repair,
vacation or demolition to the Village Clerk or officer in charge of
finance who shall cause a special tax bill therefor against the property
to be prepared, filed and collected by the Finance Clerk or other
official collecting taxes. At the written request of the taxpayer,
the tax bill may be paid in equal installments over a period of not
more than ten (10) years. Said assessment shall bear interest at the
maximum rate that the law will allow until paid. The tax bill shall
be a lien on the property until paid.
C. Appeal To Circuit Court Of St. Louis County. The decision by the
enforcement official may be appealed by a party aggrieved thereby
to the Circuit Court of St. Louis County, pursuant to the Statutes
of Missouri.
[R.O. 2013 § 510.240; R.O. 2012 § 510.240;
CC 1987 § 46.560]
A. Applicability. When any dwelling unit has become so damaged by fire,
wind or other causes or has become so unsafe, unhealthful or unsanitary
that, in the opinion of the enforcement official, life or health is
immediately endangered by the occupation of the dwelling unit, the
enforcement official is hereby authorized and empowered to revoke
without notice any occupancy permit for such dwelling unit and to
order and require the occupants to vacate the same forthwith and to
order the owner or agent to proceed immediately with the corrective
work and repairs required to make the dwelling unit temporarily safe
and fit for human habitation, whether or not a notice of violation
has been given as described in this Chapter, and whether or not legal
procedures described by Village (County) ordinances have been instituted.
B. Procedures. In the event the enforcement official determines that
there is an immediate danger to the health, safety or welfare of any
person, he/she may take emergency measures to vacate and repair the
structure or otherwise remove the immediate danger.
[R.O. 2013 § 510.250; R.O. 2012 § 510.250;
CC 1987 § 46.570]
No temporary housing or dwelling unit of any type or nature
shall be permitted.