[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
The
following conditions are detrimental to the health, safety or welfare
of the residents of Bridgeton, and all buildings or structures which
have one (1) or more of the following defects are unfit and dangerous
and shall constitute a nuisance:
1.
Those which have interior walls or other vertical structural members
which list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside of the middle third of
the base;
2.
Those which have exterior portions, members, appurtenances, ornamentations
or components which are likely to fall or collapse or to become detached
or dislodged and thereby injure persons or damage property;
3.
Those which are unoccupied and are open at door or window;
4.
Those which have been damaged by fire, wind, vandalism or other causes
so as to impair the life, health or safety of persons who are or might
reasonably be in or on such structure or neighboring structures or
rights-of-way;
5.
Those which are so dilapidated or unsafe as to be likely to cause
injury to the health, safety or welfare of any occupants or neighbors
of such structure;
6.
Those which have never been lawfully occupied and for which a certificate
of use and occupancy could not be granted by reason of incompletion,
where construction has been substantially abandoned for more than
two (2) years;
7.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more of damage or deterioration of the supporting members
or fifty percent (50%) of damage or deterioration of the non-supporting
enclosing or outside walls or covering;
8.
Those which have improperly distributed loads upon the floor or roofs
or in which the same are overloaded or which have insufficient strength
to be reasonably safe for the purposes used;
9.
Those which are so dilapidated, decayed, unsafe, unsanitary or which
fail to provide the amenities essential to decent living that they
are unfit for human habitation or are likely to cause sickness, disease
or cause injury to the health, safety or welfare of those occupying
such building;
10.
Those having light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein;
11.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of evacuation; and/or
12.
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this City.
B.
The
term "unfit building or structure" shall not include
any accessory structure being used in conjunction with a farming operation
for the protection of farm animals and livestock or for the storage
of farm equipment or agricultural or horticultural products.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Any building which is unfit or dangerous under the provisions of the Section 505.010 of this Chapter is hereby declared to be a public nuisance and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
The
Building Official shall inspect or cause to be inspected:
1.
As often as the Building Official may determine, all residential,
institutional, assembly, commercial, industrial, garage, special and
miscellaneous occupancy buildings for the purpose of determining whether
any conditions exist which render such places an unfit or dangerous
building as defined in this Chapter;
2.
Any building or structure about which complaints are made by any
person alleging that it is unfit or dangerous;
3.
Any building or structure reported by a Police Department, Fire Department
or any other public agency as apparently unfit or dangerous; and/or
4.
Any building or structure which has been classified as apparently
unfit or dangerous pursuant to any study or inspection program conducted
by any City department or any public agency.
B.
The
Building Official shall supervise all inspectors.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
Declaration and Work to be Accomplished. If the Building
Official determines after inspection that a building or structure
is unfit or dangerous, he shall declare it a public nuisance and shall
cause a report to be prepared stating whether such property shall
be vacated and whether such property shall be reconditioned or removed,
the nature of the repairs or construction necessary to rehabilitate
or complete the building or structure and specifying the period of
time, not exceeding thirty (30) days, to accomplish the vacation of
such building and specifying the period of time, not exceeding thirty
(30) days to commence the required work, unless the Building Official
shall determine a longer period to commence the required work.
B.
Repair May be Authorized. If the Building Official shall
determine that such building or structure shall be demolished and
removed, and the owner shall submit to the Building Official adequate
plans for the repair or completion of the building or structure, the
Building Official may authorize the repair or completion of the building
instead of demolition.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
Notice and Parties. The Building Official shall serve a
notice of declaration of nuisance on the owner, occupant, lessee,
mortgagee, agent, and all other persons having an interest in the
building or structure as shown by the land records of St. Louis County,
and each such person shall be a party to all proceedings under this
Section and shall be subject to all duties and entitled to all rights
with respect to action and proceedings under this Section pertaining
to such property and are called herein "affected parties".
B.
Form of Notice. The notice of declaration of nuisance shall
be in substantially the following form:
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NOTICE OF DECLARATION OF NUISANCE
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TO: Names and addresses of affected parties.
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PURSUANT TO THE PROVISIONS OF THE BRIDGETON CODE OF ORDINANCES
AS AMENDED, THE BUILDING OR STRUCTURE DESCRIBED BELOW HAS BEEN DECLARED
A PUBLIC NUISANCE. (Insert address or other adequate description of
building or structure.)
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NO PERSON MAY ENTER THIS BUILDING OR STRUCTURE OR ANY PART THEREOF
AFTER ________________________, 20 __.
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After such date, no person shall occupy or enter this building
or structure or any part thereof, except persons directly employed
in securing, repairing or removing such building or structure.
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This building or structure must be (repaired) (demolished and
removed from the premises).
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The repair or demolition work must commence no later than thirty
(30) days after the service of a copy of this notice upon the affected
parties or the publication of said notice as required by City ordinance.
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Prior to the commencement of any work to repair or to demolish
this building or structure, it shall be necessary to obtain the authorization
therefor from the Building Official of the City of Bridgeton. Upon
the presentation of adequate plans, the Building Official may authorize
the repair or completion instead of demolition.
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IF THE REPAIR OR DEMOLITION OF THIS BUILDING OR STRUCTURE HAS
NOT BEGUN WITHIN THE TIME PERIOD STATED ABOVE AND CARRIED FORTH PROMPTLY,
THE BUILDING OFFICIAL OR A DESIGNATED HEARING OFFICER MAY, AFTER HEARING,
ORDER THE COST OF THE BUILDING OR STRUCTURE REPAIR, REHABILITATION
OR DEMOLITION, TOGETHER WITH THE EXPENSES OF ADMINISTRATION, IMPOSED
GAINS THE PROPERTY AS A SPECIAL TAX LIEN.
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This note and order may be appealed by any affected party to
the Circuit Court of St. Louis County as provided by law.
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C.
Service of Notice. Such notice shall be served either by
personal service or by certified mail, return receipt requested, but
if service cannot be had by either of these modes of service, then
service may be had by publication.
D.
Posting — Removal Prohibited. In addition, upon declaration
of the public nuisance, the Building Official shall post a copy of
the notice of nuisance in some prominent place on the premises. No
person shall deface or remove such notice without the prior authorization
of the Building Official or a court having jurisdiction on review
of an order of the Building Official.
E.
Recording Declaration of Nuisance. Upon the declaration
of public nuisance by the Building Official, the "Notice of
Declaration of Nuisance" shall be filed and recorded in the
office of the St. Louis County Recorder of Deeds. Such notice shall
be signed by the Building Official, or his designated representative,
and shall be notarized. Upon the completion of work necessary to cause
the building or structure to comply with all applicable City ordinances,
and the approval thereof by the Building Official, or upon the satisfaction
and release of any and all liens imposed pursuant to the provisions
of this Chapter, the Building Official shall cause a notice of said
compliance or satisfaction to be filed in the office of the St. Louis
County Recorder of Deeds.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
Hearing and Order. Upon the failure of the affected parties
to commence work of reconditioning or demolition within the time specified
or upon failure to proceed continuously with the work without unnecessary
delay, the Building Official shall call and have a full and adequate
hearing on the matter. Prior to any such hearing, all affected parties
shall be given at least twenty-one (21) days' written notice of the
hearing, which notice may be served in the same manner as the notice
of declaration of nuisance. Any party may be represented by counsel
at such hearing, and any interested person may be heard. After the
hearing, if the evidence supports a finding that the building or structure
is a nuisance or a detriment to the health, safety or welfare of the
residents of the City of Bridgeton, the hearing official shall issue
an 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 City of Bridgeton, and he shall order the building
or structure to be demolished and removed or repaired and completed.
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 City of Bridgeton, no order shall be issued.
B.
Notice of Order. The hearing official shall furnish notice
of the order by first class mail to each affected party.
C.
City May Demolish, Secure or Repair. In the event the hearing
official shall order the building or structure to be demolished and
removed or repaired, the City may proceed to have such building or
structure demolished and removed or repaired as provided in said order.
D.
Option to Demolish. In the event the hearing official shall
order the building or structure to be repaired, and the owner shall
fail to promptly commence or diligently pursue such repair, the City
shall have the right and option to demolish such building if the cost
of demolition and removal is less than the cost of repair. In the
event the City shall elect such demolition, it shall give notice to
the affected parties that it will demolish the building unless the
owner within twenty-one (21) days of the date of such notice commences
and diligently pursues repair of such building. Such notice may be
served in the same manner as the notice of declaration of nuisance.
E.
Option to Repair. In the event the hearing official shall
order the building or structure to be demolished and removed, the
owner or the City shall have the right to seek approval to repair
or complete such building, and the Building Official may authorize
the repair or completion of the building by the owner or by the City
upon the submission of adequate plans for such repair or completion.
F.
Costs, Tax Bills and Lien. If the Building Official or hearing
officer issues an order whereby the building or structure is demolished,
secured or repaired and the City has such demolition, security or
repair performed, the Building Official shall certify to the City
Clerk or officer in charge of finance the cost of performance of such
demolition, security or repair, which cost of performance shall include
the amount of any attorneys' fees incurred by the City in connection
with the enforcement of the provisions of this Section and the cost
of administration of the enforcement of this Section with respect
to such building or structure. The City Clerk or officer in charge
of finance shall cause special tax bills or assessments for such costs
or performance to be issued against the property to be prepared and
collected by the City Collector or other official collecting taxes.
There shall be a separate tax bill or assessment for the costs of
the demolition, security, or repair and a separate tax bill for the
amount of the attorneys' fees, hearing officers' fees, hearing costs
and expenses, and other administrative costs of performance. At the
request of the taxpayer, the tax bills may be paid in equal installments
over a period of not more than ten (10) years. The tax bills from
the date of their issuance shall be a lien on the property until paid.
The amount of each such special tax bill or assessment shall bear
interest from the date of its issuance at the highest rate allowed
by law.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
Qualifications and Payment. The Building Official shall
act as hearing officer to hold all hearings provided hereunder and
may select and appoint a Hearing Officer for any such hearing. The
hearing officer shall be a professional engineer or architect, registered
in the State of Missouri, and shall be appropriately compensated in
the event such hearing officer is not an employee of the City.
B.
Duties of Hearing Officer. The hearing officer shall preside
at all hearings held pursuant to this Chapter and shall hear and receive
evidence, shall make rulings relating thereto and shall perform all
other usual or necessary functions of the presiding officer in an
administrative hearing, all in accordance with the Missouri Administrative
Procedure and Review Act, Chapter 536, RSMo., 1969 and the terms of
this Chapter.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Nothing contained herein shall be construed or interpreted to
prohibit any affected party from presenting evidence in writing to
the Building Official, prior to such a hearing or action, showing
that such building or structure or portion thereof is not a nuisance
and not detrimental to the health, safety or welfare of the residents
of the City of Bridgeton. In the event the Building Official determines
on the basis of such information that such building or structure or
portion thereof is not a nuisance and not detrimental to the health,
safety or welfare of the residents of the City of Bridgeton, he may
at any time rescind his declaration and notice of nuisance and forthwith
shall notify in writing the affected parties and any subsequent purchasers
of such decision.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
In any case where the Building Official determines there is an immediate danger to the health, safety or welfare of any person, the Building Official may take emergency measures to vacate and repair or demolish a dangerous building or structure, and the costs of such shall be collected in the same manner as provided in Section 505.060.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Any interested party may appeal to the Circuit Court of St.
Louis County, as provided in Chapter 536, RSMo., any notice of declaration
of nuisance or any order issued by the hearing officer that a building
or structure be demolished, secured or repaired.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
No person shall enter or occupy a building or structure or portion
thereof after the posting of notice, except persons directly employed
in securing, removing or repairing such building or structure in accordance
with the plans approved by the Building Official.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
Every person who shall be required to repair or demolish and
remove any building within the City under the provisions of this Chapter
shall first obtain the applicable permit required by the ordinances
of the City for such repair or such demolition and removal.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
If, at the discretion of the Building Official, additional time
is necessary to commence the work required by the notice, the Building
Official may extend the time period set forth in the notice to commence
the performance of such work by specifying in an additional written
notice the date to which said extension is made.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
The act of a subsequent purchase of the property shall not delay
the hearing of such matter and shall not be an exception to any time
requirements provided herein, unless at the discretion of the Building
Official or hearing officer such hearing should be continued, or unless
such subsequent purchaser shall apply for and receive written authorization
from the Building Official to either rehabilitate or demolish such
building or structure and shall perform the work within the time period
allowed under such authorization.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
A.
Proceeds of Insurance. As to damage or loss to a building
or other structure caused by or arising out of any fire, explosion
or other casualty loss, if an order is issued by the Building Official
or his designee, as provided in this Chapter, and a special tax bill
or assessment is issued against the property, it shall be deemed a
personal debt against the property owner. If there are proceeds of
any insurance policy based upon a covered claim payment made for damage
or loss to a building or other structure caused by or arising out
of any fire, explosion or other casualty loss, this Section establishes
a procedure for the payment of up to ten percent (10%) of the insurance
proceeds as set forth in Subparagraphs (1) and (2) of this Subsection.
This Section shall apply only to a covered claim payment which is
in excess of fifty percent (50%) of the face value of the policy covering
a building or other structure.
1.
The insurer shall withhold from the covered claim payment up to ten
percent (10%) of the covered claim payment and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under this Section.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subparagraph (1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 505.060 of this Chapter. If the City has proceeded under the provisions of Section 505.050 of this Chapter, all monies in excess of that necessary to comply with the provisions of Section 505.060 of this Chapter for the removal of the building or structure, less salvage value, shall be paid to the insured.
B.
Installments. If there are no proceeds of any insurance
policy as set forth herein, the taxpayer shall retain the right as
provided in this Chapter to pay the tax bill in equal installments
over a period of not more than ten (10) years.
C.
City Not Party to Insurance Contract. This Section shall
not make the City a party of any insurance contract, and the insurer
is not liable to any party for any amount in excess of the proceeds
otherwise payable under the insurance policy.
D.
Certification in Lieu of Payment. The City may certify that
in lieu of payment of all or part of the covered claim payment under
this Section, the City has obtained satisfactory proof that the insured
has or will remove debris and repair, rebuild or otherwise make the
premises safe and secure. In the event the City has obtained such
satisfactory proof, the City shall issue a certificate within thirty
(30) days after receipt of proof to permit covered claim payment to
the insured without deduction pursuant to this Section. It shall be
the obligation of the insured or other person making claim to provide
the insurance company with the written certificate provided for in
this Subsection.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 04-50 §6, 10-6-2004; Ord. No. 06-35 §1, 7-5-2006]
It shall be unlawful for any owner, occupant, lessee, mortgagee,
agent, or other person having an interest in a building or structure
to fail to comply with the notice of declaration of nuisance within
a reasonable time or to fail to proceed continuously without unreasonable
delay as specified in the Building Official's order. Each such unlawful
act shall be punishable upon conviction by a fine not to exceed one
thousand dollars ($1,000.00) or imprisonment for a term not to exceed
six (6) months, or both such fine and imprisonment.
[Ord. No. 89-65 §1, 7-19-1989; Ord. No. 06-35 §1, 7-5-2006]
The City Clerk shall notify the Director of Insurance of the
State of Missouri within fourteen (14) days after the adoption of
this Chapter that the City has adopted an ordinance under Section
67.410, RSMo., such notification to be provided in Section 67.412,
RSMo.
[Ord. No. 15-04 §1, 1-21-2015]
A.
Purpose. The purposes of this Section are:
1.
To adopt standards for identifying dangerous levels of toxic
chemicals and residue associated with the production of methamphetamine,
and
2.
To establish protocols whereby the Building Official may cooperate
with and rely on law enforcement agencies and emergency agencies when
applying property maintenance and safety standards to order or cause
the abatement of contamination in structures due to the presence or
production of methamphetamine.
B.
METHAMPHETAMINE
QUALIFIED COMPANY or QUALIFIED CONTRACTOR
1.
2.
3.
4.
5.
6.
UNSAFE CONTAMINATION
Definitions. For the purposes of this Section, the
words or terms listed below are defined as follows:
Dextro methamphetamine, levo methamphetamine, and unidentified
isomers of the same, any racemic mixture of dextro/levo methamphetamine,
or any mixture of unidentified isomers of methamphetamine. The term
includes derivatives, conjugates, oxides and reduced forms of the
basic structure associated the formation of methamphetamine. For the
purpose of this protocol, this term includes amphetamine, ephedrine
and pseudoephedrine.
A company or contractor that tests structures for the presence
of unsafe methamphetamine contamination and/or abates such unsafe
methamphetamine contamination and that:
Complies with the most current edition of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup;
Complies with the regulations of the Occupational Safety and
Health Administration of the United States Department of Labor relating
to hazardous waste operations and emergency response, including 29
CFR 1910.120;
Requires that at least one (1) employee or supervisor assigned
to and on duty at any work site shall have completed the forty (40)
hour Hazardous Waste Operations and Emergency Response (HASWOPER)
training [Occupational Safety and Health Administration (OSHA) 29
CFR 1910];
Requires its personnel to complete a clandestine drug lab assessment
and decontamination course offered by a sponsor acceptable to the
City of Bridgeton;
Neither employs nor is managed or owned by a person who has
either been convicted of any crime involving the production, possession,
use or distribution of methamphetamine, or is currently being prosecuted
for any crime involving the production, possession, use, or distribution
of methamphetamine; and
Is not engaged to test or decontaminate a structure/room(s)
in which it or any of its owners, manager or personnel has an interest.
The presence of chemicals in a structure/room(s) at levels exceeding the levels for such chemicals as provided in Subsection (C) below.
C.
Unsafe Contamination Levels. A structure/room(s)
will be considered unsafe for purposes of the enforcement of the Code
of Ordinances, City of Bridgeton, if it is found to contain any of
the chemicals listed below at exposure limits above the levels listed
below established by the National Institute for Occupational Safety
and Health (NIOSH):
1.
Red phosphorus - any amount.
2.
Iodine crystals - C 0.1 ppm (1 mg/m3).
3.
Sulfuric acid - TWA 1 mg/m3.
4.
Hydrochloric acid (HCl gas) also known as Muriatic Acid - C
5 ppm (7 mg/m3).
5.
Hydrogen chloride - C 5 ppm (7mg/m3).
6.
Volatile organic compounds (VOCs) - 1 ppm of total hydrocarbons
and VOCs in air after ventilation.
7.
Methamphetamine - in a concentration equal to or greater than
1.5 µgram/100 cm2.
8.
Lead and mercury - If it is determined that the phenyl-2-propanone
(P2P) method of methamphetamine manufacturing was used, surface levels
for lead in excess of 2.15 µg/100 cm2 and vapor samples for mercury in excess of 50 ƞg/m3.
D.
Closure and Abatement Orders Upon Report and Investigation
by the Bridgeton Police Department or Other Law Enforcement or Emergency
Agencies.
1.
When the Bridgeton Police Department or another law enforcement agency or emergency agency reports to the Building Official that a structure/room(s) has been used for the production of methamphetamine or as a storage facility for methamphetamine or the chemicals used in the manufacturing of methamphetamine as identified in Subsection (C) above, the Building Official's office may order the structure/room(s) closed pursuant to the emergency measures provided in Subsection (D)(4) below until it has been tested by a qualified contractor or qualified company (as defined in this Section) to determine if the structure/room(s) is safe for occupancy.
2.
When the Bridgeton Police Department or another law enforcement agency or emergency agency reports to the Building Official that it has found unsafe contamination in a structure/room(s) in the City that has been used for the production of methamphetamine or as a storage facility for methamphetamine or the chemicals used in the manufacturing of methamphetamine as identified in Subsection (C) above, the Building Official's office shall order the structure/room(s) closed pursuant to the emergency measures provided in Subsection (D)(4) below.
3.
If the structure/room(s) is found to be safe for occupancy after
the original testing, the closure order will be rescinded. However,
if it is found that the structure/room(s) is not safe for occupancy,
the structure/room(s) will remain closed until it is safe for occupancy.
4.
When the Building Official receives a report from the Bridgeton Police Department or another law enforcement or emergency agency as set forth in Subsections (D)(1) or (D)(2) above, and in the opinion of the Building Official, life or health is immediately endangered by the unsafe contamination of the structure/room(s), the Building Official is hereby authorized and empowered to order and require the occupants of the structure/room(s) to vacate immediately, whether or not a notice of violation has been given as described in Subsection (E) below, and whether or not legal procedures described by Subsection (F) have been instituted.
5.
Any person to whom such an order is directed shall comply therewith
immediately.
E.
Supplementary Notice and Instructions.
1.
While closure and abatement orders pursuant to the emergency measures provided in Subsection (D)(4) above may be posted, the Building Official shall also serve a notice upon the owner, occupant, lessee, mortgagee, and all other persons having an interest in the structure/room(s) as shown by the land records of St. Louis County. Such notice shall be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.
2.
Such notice shall direct the owner to contact the Building Official,
within twenty (20) calendar days to establish a schedule for decontaminating
the structure/room(s).
3.
Such notice shall also inform the owner that if the owner contacts
the Building Official within the time specified in the notice, the
owner may request to have the structure/room(s) retested, but such
retesting must be performed as follows:
a.
The owner must employ the service of a qualified company or
qualified contractor (as defined in this Section) to perform sampling
and to analyze the samples.
b.
The Building Official or his assigns must be present when the
qualified company or contractor takes samples and the owner shall
pay an inspection fee in the amount of forty dollars ($40.00) to the
City, payment of which must be made prior to the appointment for taking
samples.
c.
Sampling and testing shall be performed in accordance with the
appropriate sections of the most current edition of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup.
d.
The qualified company or contractor engaged by the owner must
report the results of its analysis of the samples taken to the Building
Official.
F.
Decontamination.
1.
If testing confirms the presence of unsafe contamination in
a structure/room(s), the owner shall hire a qualified contractor or
qualified company (as defined in this Section) to decontaminate the
structure/room(s) and advise the Building Official of the schedule
for decontamination.
2.
The schedule for the work and evidence that the qualified contractor
or company meets the requirements of this Section must be submitted
for approval to the Building Official within twenty (20) calendar
days of the receipt of notice. Approval or rejection of the schedule
will be provided within a reasonable time of submission. If rejected,
the owner will be informed, in writing, of specific reasons for the
rejection and will be required to amend the schedule of the proposed
qualified company or qualified contractor. Decontamination shall be
performed in accordance with the appropriate sections of the most
current edition of the U.S. Environmental Protection Agency Voluntary
Guidelines for Methamphetamine Laboratory Cleanup.
3.
If the owner of the property determined to have unsafe contamination fails to voluntarily abate that contamination, the Building Official may serve a notice of violation on the owner pursuant to the procedures set forth in Subsection (E)(1) above.
4.
If the owner of the property is unwilling or unable to voluntarily
abate the contamination within forty-five (45) days of notice, the
Building Official shall call and have a full and adequate hearing
on the matter.
a.
The Building Official may act as hearing officer to hold all
hearings provided hereunder or may select and appoint a hearing officer
for any such hearing.
b.
The hearing officer shall preside at all hearings held pursuant
to this Section and shall hear and receive evidence, shall make rulings
relating thereto and shall perform all other usual or necessary functions
of the presiding officer in an administrative hearing, all in accordance
with the Missouri Administrative Procedure and Review Act, Chapter
536, RSMo., 2012 and the terms of this Section.
c.
Prior to any such hearing, all affected parties shall be given at least twenty-one (21) days' written notice of the hearing, which notice shall be provided in the manner set forth in Subsection (E)(1) above. Any party may be represented by counsel at such hearing, and any interested person may be heard. After the hearing, if the evidence supports a finding that unsafe contamination exists in the structure/room(s), the hearing officer shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the existence of unsafe contamination in the structure/room(s), and he shall order the structure/room(s) to be closed and posted and unsafe contamination in the structure/room(s) to be abated. If the evidence does not support a finding that that unsafe contamination exists in the structure/room(s), no order shall be issued.
d.
The hearing officer shall furnish notice of the order by first
class mail to each person having an interest in the property as shown
by the land records of St. Louis County. The order shall specify the
period of time, not less than thirty (30) days, to complete the required
abatement.
e.
In the event the hearing officer shall order the unsafe contamination
in the structure/room(s) to be abated and the property owner fails
to complete such abatement within the period of time set forth in
such order, the City, acting through the Building Official, may proceed
to have the unsafe contamination in the structure/room(s) abated as
provided in said order.
f.
The Building Official shall keep an accurate accounting of the
cost of abating such methamphetamine contamination, and shall report
the same to the Director of Finance, who shall cause a special tax
bill against the property from which such methamphetamine contamination
was abated to be issued and collected with other taxes assessed against
such property. The tax bill from the date of its issuance shall be
a first lien upon such property until paid and shall be prima facie
evidence of the recitals therein contained and of its validity. No
mere clerical error or informality in the same or in the proceedings
leading up to the issuance thereof shall be a defense thereto. As
part of the cost of abating the methamphetamine contamination, each
special tax bill shall include a charge to be established by ordinance
for the computing, making, certifying and recording the bill. Each
special tax bill shall bear interest at the rate of eight percent
(8%) per annum beginning thirty (30) days after its issuance.
g.
Any interested party may appeal to the Circuit Court of St.
Louis County, as provided in Chapter 536, RSMo., any order issued
by the hearing officer that a building or structure be closed and
posted or unsafe contamination abated.
5.
Post decontamination sampling. Following the
completion of the work the owner shall notify the Building Official
that work is complete and the owner must provide written test results
as evidence that the property is compliant with this regulation. The
post remediation sampling and testing must be performed by a qualified
company or qualified contractor other than and independent of the
company or contractor that performed the decontamination and shall
be performed in accordance with the appropriate sections of the most
current edition of the U.S. Environmental Protection Agency Voluntary
Guidelines for Methamphetamine Laboratory Cleanup.
G.
Final Action. After the property has been decontaminated
and the Building Official is in possession of evidence that the pertinent
chemical levels are below the levels established for unsafe contamination
by this Section, the structure/room(s) will be considered safe and
suitable for performance of a full inspection for an occupancy permit.
