[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. 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. 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 (1st)
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. 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 filed 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. Reoccupation 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 paragraph.
[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. 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. 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. 2012 §510.250; CC 1987 §46.570]
No temporary housing or dwelling unit of any type or nature
shall be permitted.