[Ord. No. 2023-18, 7-17-2023]
It is the purpose of this Chapter to provide a just, equitable,
and practicable method for the repairing, vacation, or demolition
of buildings or structures that may endanger the life, limb, health,
property, safety, or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Overland, Missouri.
[Ord. No. 2023-18, 7-17-2023]
As used in this Chapter, the following terms shall have the
meanings indicated:
BUILDING SAFETY INSPECTOR
The Building Safety Inspection Coordinator shall be the Building
Safety Inspector within the meaning of this Chapter.
DIRECTOR
The Director of the Department of Community Development.
[Ord. No. 2023-18, 7-17-2023]
A. All buildings or structures that are detrimental to the health, safety,
or welfare of the residents of the City and that have any or all of
the following defects shall be deemed "dangerous buildings":
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 third 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%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.
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 the 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.
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 so attached that they
may fall and injure members of the public or property.
9.
Those that, because of their condition are unsafe, unsanitary,
or dangerous to the health, safety, or general welfare of the people
of this City.
[Ord. No. 2023-18, 7-17-2023; Ord. No. 2023-32, 8-14-2023]
All dangerous buildings or structures, as defined by Section
510.030 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as provided herein.
[Ord. No. 2023-18, 7-17-2023]
A. The following standards shall be followed in substance by the Building
Safety Inspector or his/her designee and the Director or his/her designee
in ordering repair, vacation, or demolition of any dangerous building.
1.
If the dangerous building can reasonably be repaired so that
it no longer will exist in violation of the terms of this Chapter,
it shall be ordered repaired.
2.
If the dangerous building is in such condition as to make it
dangerous to the health, safety, or general welfare of its occupants,
it shall be ordered to be vacated and repaired.
3.
In all cases where a building cannot be repaired so that it
no longer will exist in violation of the terms of this Chapter, it
shall be demolished.
4.
In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this Chapter or any ordinance
of this City or Statute of the State of Missouri, it shall be repaired
or demolished.
[Ord. No. 2023-18, 7-17-2023]
A. The Building Safety Inspector or his/her designee shall have the
duty under this Chapter to:
1.
Inspect, or cause to be inspected, as often as may be necessary,
all residential, institutional, assembly, commercial, industrial,
garage, special, or miscellaneous occupancy buildings for the purpose
of determining whether any conditions exist that render such place
to be a dangerous building when he/she has reasonable grounds to believe
that any such building is dangerous.
2.
Inspect any building, wall, or structure about which complaints
are filed by any person to the effect that a building, wall, or structure
is or may be existing in violation of this Chapter, and the Building
Safety Inspector or his/her designee determines that there are reasonable
grounds to believe that such building is dangerous.
3.
Inspect any building, wall, or structure reported by the Fire
or Police Departments of this City as probably existing in violation
of this Chapter.
4.
Notify 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 the Recorder of Deeds of St. Louis County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section
510.030. Such notice shall be in writing and shall be given either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) consecutive weeks. The notice required shall state that:
[Ord. No. 2023-32, 8-14-2023]
a.
The owner must vacate, vacate and repair, or vacate and demolish
said building and clean up the lot or property on which the building
is located in accordance with the terms of the notice and this Chapter.
b.
The occupant or lessee must vacate said building or have it
repaired in accordance with the notice and remain in possession.
c.
The mortgagee, agent, or other persons having an interest in
said building as shown by the land records of the Recorder of Deeds
of St. Louis County may, at his/her own risk, repair, vacate, or demolish
the building and clean up the property or have such work done;
provided that any person notified under this Subsection to repair,
vacate, or demolish any building or clean up the property shall be
given such reasonable time not exceeding thirty (30) days to commence
the required work.
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5.
The notice provided for in this Section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars that make the building or structure a dangerous building,
a statement indicating that as a dangerous building said building
or structure constitutes a nuisance, and an order requiring the designated
work to be commenced within the time provided for in the above Subsection.
6.
Report in writing to the Director or his/her designee the non-compliance
with any notice to vacate, repair, demolish, clean up the property,
or upon the failure to proceed continuously with the work without
unnecessary delay.
7.
Appear at all hearings conducted by the Commissioner of Building
Hearings and testify as to the condition of dangerous buildings.
8.
Immediately report to the Director or his/her designee concerning
any building found by him/her to be inherently dangerous and that
he/she determined to be a nuisance per se. The Director or his/her
designee may direct that such building be marked or posted with a
written notice reading substantially as follows:
"This building has been found to be a dangerous building by
the Building Safety Inspector or his/her designee. This notice is
to remain on this building and/or property until it is repaired, vacated
or demolished and the property is cleaned up in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee
or agent of this building and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of St. Louis County. It is unlawful to remove this notice until such
notice is complied with."
Provided, however, that the order by the Director or his/her
designee and the posting of said notice shall not be construed to
deprive all persons entitled thereto by this Chapter to the notice
and hearing prescribed herein.
[Ord. No. 2023-18, 7-17-2023]
A. The Director or his/her designee shall have the powers and duties
pursuant to this Chapter to:
1.
Supervise all inspections required by this Chapter and cause
the Building Safety Inspector or his/her designee to make inspections
and perform all the duties required of him/her by this Chapter. Upon
receiving a complaint or report from any source that a dangerous building
exists in the City, the Director or his/her designee shall cause an
inspection to be made forthwith. If the Director or his/her designee
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, the Director or his/her designee may request an inspection
and report be made by any other City department or retain services
of an expert whenever the Director or his/her designee deems such
service necessary.
2.
Upon receipt of a report from the Building Safety Inspector
or his/her designee indicating failure by the owner, lessee, occupant,
mortgagee, agent, or other persons(s) having an interest in said building
to commence work of reconditioning or demolition within the time specified
by this Chapter or upon failure to proceed continuously with work
without unnecessary delay, hold a hearing giving the affected parties
full and adequate hearing on the matter.
3.
Give written notice of said hearing, either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service, then by publication in
a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the hearing date, to the owner, occupant, mortgagee,
lessee, agent, and all other persons having an interest in said building
as shown by the land records of the Recorder of Deeds of St. Louis
County, who may appear before the Commissioner of Building Hearings
on the date specified in the notice to show cause why the building
or structure reported to be a dangerous building should not be repaired,
vacated, or demolished in accordance with the statement of particulars
set forth in the Building Safety Inspector or his/her designee's
notice as provided herein. Any party may be represented by counsel
and all parties shall have an opportunity to be heard.
4.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building and a nuisance and detrimental to the health, safety, or
welfare of the residents of the City, the Commissioner of Building
Hearings shall issue an order based upon its findings of fact commanding
the owner, occupant, mortgagee, lessee, agent, or other persons(s)
having an interest in said building as shown by the land records of
the Recorder of Deeds of St. Louis County to repair, vacate, or demolish
any building found to be a dangerous building and to clean up the
property, provided that any person so notified shall have the privilege
of either repairing or vacating and repairing said building, if such
repair will comply with the ordinances of this City, or may vacate
and demolish said dangerous building at his/her own risk to prevent
the acquiring by the City of the lien against the land where the dangerous
building stands. If the evidence does not support a finding that a
building or structure is a dangerous building or a nuisance or detrimental
to the health, safety, or welfare of the residents of the City, no
order shall be issued.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Director or his/her designee shall cause such building or structure to be repaired, vacated, or demolished and the property cleaned up as the facts may warrant. If the Commissioner of Building Hearings issues an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance, including all lawfully recoverable costs associated with such demolition, securing, or repairing of the property, shall be certified to the City Clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured, or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section
510.090, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
[Ord. No. 2023-18, 7-17-2023]
The Commissioner of Building Hearings or the Vice Commissioner of Building Hearings shall conduct hearings, hear testimony, and make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section
510.020 of this Chapter; and shall have and perform such other duties as may be prescribed by this Code or any ordinance.
[Ord. No. 2023-18, 7-17-2023]
A. 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, the following procedure is established for the payment of up
to twenty-five percent (25%) of the insurance proceeds, as set forth
in this Subsection. This Subsection shall apply only to a covered
claim payment that 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 twenty-five percent (25%) 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 Chapter.
2.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (1) of this Subsection 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 Subsection
(A)(5) of Section
510.070. If the City has proceeded under the provisions of Subsection
(A)(5) of Section
510.070, all monies in excess of that necessary to comply with the provisions of Subsection
(A)(5) of Section
510.070 for the removal, securing, repair, and cleanup of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
[Ord. No. 2023-32, 8-14-2023]
B. If there are no proceeds of any insurance policy as set forth in Subsection
(A) of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C. This Section shall apply to fire, explosion or other casualty loss
claims arising on all buildings and structures.
D. This Section does not make the City a party to any insurance contract,
and the insurer is not liable to any party for any amount in excess
of the proceeds otherwise payable under its insurance policy.
E. The Director or his/her designee may certify that in lieu of payment of all or part of the covered claim payment under Subsection
(A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild, or otherwise make the premises safe and secure. In this event, the Director or his/her designee shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection
(A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.
[Ord. No. 2023-18, 7-17-2023; Ord. No. 2023-32, 8-14-2023]
Any owner, occupant, lessee, mortgagee, agent, or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of St. Louis County may appeal such decision to the Circuit Court of St. Louis County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section
510.070 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 2023-18, 7-17-2023; Ord. No. 2023-32, 8-14-2023]
In cases where it reasonably appears that there is immediate danger to the health, life, safety, or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated, or demolished and the property is cleaned up, the Building Safety Inspector shall report such facts to the Director or his/her designee and the Director or his/her designee in consultation with the City Administrator may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided in Sections
510.070 and
510.090.
[Ord. No. 2023-18, 7-17-2023]
The owner, occupant, or lessee in possession of any dangerous
building who shall fail to comply with the order to repair, vacate,
or demolish said building given by the Director or his/her designee,
or who shall fail to proceed continuously without unnecessary delay;
and any person removing any notices provided for in this Chapter;
and any person violating any other provisions of this Chapter shall
be guilty of an ordinance violation and upon conviction thereof shall
be fined not more than one thousand dollars ($1,000.00). Each day
that a person fails to comply with an order of the Director or his/her
designee may be deemed a separate offense.
[Ord. No. 2023-18, 7-17-2023]
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 and storage of
methamphetamine and methamphetamine precursor chemicals; and
2.
To establish protocols whereby the Director or his/her designee
may cooperate with and rely on law enforcement and emergency agencies
to:
a.
Evaluate whether a structure is contaminated in relation to
the production and storage of methamphetamine and methamphetamine
precursor chemicals; and
b.
Order or cause the abatement of contamination in structures
related to the presence or production of methamphetamine.
B.
Definitions. For the purposes of
this Section, the words or terms listed below are defined as follows:
METHAMPHETAMINE
Dextro- and 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 with the formation of methamphetamine.
For the purposes of this Section, this term includes amphetamine,
ephedrine, and pseudoephedrine when so situated as to reasonably appear
to be instrumental in the production of methamphetamine as previously
defined under this heading, "METHAMPHETAMINE."
QUALIFIED CONTRACTOR
A company or contractor who tests structures for the presence
of unsafe methamphetamine contamination or abates such unsafe methamphetamine
contamination and who:
1.
Complies with the most current edition of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup;
2.
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;
3.
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 as provided by 29 CFR 1910.120;
4.
Requires its personnel to complete a clandestine drug lab and
decontamination course offered by a sponsor acceptable to the City
of Overland;
5.
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; and
6.
Is not engaged to test or decontaminate any structure or portion
thereof in which it or any of its owners, managers, or personnel has
an interest.
UNSAFE CONTAMINATION
The presence of chemicals in a structure or portion thereof at levels exceeding the levels for such chemicals as provided in Subsection
(C) below.
C. Unsafe Contamination Levels. A structure or portion thereof will
be considered unsafe for purposes of enforcing the Municipal Code
of the City of Overland if it is found to contain any of the chemicals
listed below at exposure limits above the levels listed below, as
established by the National Institute for Occupational Safety and
Health:
1.
Red phosphorus: any amount.
2.
Iodine crystals: C.01 ppm (1 mg/m3).
3.
Sulfuric acid: TWA 1 mg/m3.
4.
Hydrochloric acid, A.K.A. muriatic acid: C 5 ppm (7 mg/m3).
5.
Hydrogen chloride (HC1 gas): C 5 ppm (7 mg/m3).
6.
Methamphetamine: in a concentration equal to or greater than
0.5 ug/100 cm2.
7.
Lead and mercury: if it is determined that the phenyl-2-propanone
(P2P) method of methamphetamine manufacturing was used, surface levels
of lead in excess of 2.16 ug/100 cm2 and
vapor samples for mercury in excess of 50 ug/m3.
D. Closure And Vacation Orders Upon Report And Investigation By The
Overland Police Department Or Other Law Enforcement Or Emergency Agencies.
1.
Methamphetamine Production Or Storage Facility, Unsafe Contamination Unknown. When the Overland Police Department or another law enforcement or emergency agency reports to the Director or his/her designee that there is probable cause to believe that a structure or portion thereof has been used for the production or storage of methamphetamine or methamphetamine precursor chemicals, the Director or his/her designee may order the structure or portion thereof closed pursuant to the emergency measures provided in Subsection
(D)(4) until it has been tested by a qualified contractor to determine if the structure or portion thereof is safe for occupancy.
2.
Methamphetamine Production Or Storage Facility, Unsafe Contamination Known. When the Overland Police Department or another law enforcement or emergency agency reports to the Director or his/her designee that there is probable cause to believe that there exists unsafe contamination in a structure or portion thereof, and that such structure or portion thereof has been used for the production of methamphetamine or storage of methamphetamine or methamphetamine precursor chemicals, the Director or his/her designee shall order the structure or portion thereof closed pursuant to the emergency measures provided in Subsection
(D)(4) below.
3.
When Closure Order Rescinded; When Closure Order To Remain.
If the structure or portion thereof is found to be safe for occupancy
after initial testing, the closure order shall be rescinded. But if
the structure or portion thereof is found to have unsafe contamination,
the structure or portion thereof shall remain closed until the Director
or his/her designee determines that it is safe for occupancy.
4.
Vacation Order. When the Director or his/her designee receives a report as set forth in Subsection
(D)(1) or
(2) above, and in the opinion of the Director or his/her designee, life or health is immediately endangered by the unsafe contamination of a structure or portion thereof, the Director or his/her designee is hereby authorized and empowered to order the occupants of such structure or portion thereof to vacate immediately, whether or not a notice of violation has been given as described in Subsection
(E) below, and whether or not the legal procedures described by Subsection
(F) have been instituted.
5.
When Vacation Order Effective. Any person to whom a vacation order as set forth in Subsection
(D)(4) above is directed shall comply immediately.
E. Supplementary Notice And Instructions.
1.
Form Of Notice And Recipients. While closure orders pursuant to Subsection
(D)(4) may be posted, the Director or his/her designee shall also serve a notice upon the owner, occupant, lessee, mortgagee, and all other persons having an interest in the structure or portion thereof as shown by the 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 and posting of the notice described below on the property affected.
2.
Time Of Reply. Such notice shall direct the owner to contact
the Director or his/her designee, within twenty-one (21) calendar
days, to establish a schedule for decontaminating the structure or
portion thereof.
3.
Retesting At Owner's Option. Such notice shall also inform
the owner that if the owner contacts the Director or his/her designee
within the time specified in the notice, the owner may request to
have the structure or portion thereof retested. Such retesting must
be performed as follows:
a.
The owner must employ the service of a qualified contractor
to perform sampling and to analyze the samples.
b.
The Director or his/her designee must be present when the qualified
contractor takes samples.
c.
The owner shall pay an inspection fee in the amount of forty
dollars ($40.00) to the City of Overland. The inspection fee must
be paid prior to the time of appointment for taking samples.
d.
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.
e.
The qualified contractor engaged by the owner must report the
results of its analysis of all samples taken to the Director or his/her
designee.
F. Decontamination And Abatement.
1.
Duties Of Owner Upon Contamination Finding. If testing confirms
the presence of unsafe contamination in a structure or portion thereof,
the owner shall hire a qualified contractor to decontaminate the structure,
or portion thereof, and advise the Director or his/her designee of
the schedule for decontamination.
2.
Director Of Community Development To Oversee Decontamination.
The schedule for the work and evidence that the qualified contractor
meets the requirements of this Section must be submitted for approval
to the Director or his/her designee within twenty-one (21) calendar
days of the receipt of notice. The Director or his/her designee will
provide approval or rejection of the schedule within a reasonable
time of submission.
a.
Rejection Of Schedule Or Proposed Contractor. Upon rejection,
the owner will be informed, in writing, of specific reasons for the
rejection, and the owner will be required to amend the schedule for
decontamination or propose a new qualified contractor, as appropriate
to the rejection.
3.
Decontamination Standards. 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.
4.
Failure To Abate. If the owner of a property determined to have unsafe contamination fails to abate that contamination, the Director or his/her designee may serve a notice of violation on the owner pursuant to the procedures set forth in Subsection
(E)(1) above.
5.
Hearing. If the owner of a property determined to have unsafe
contamination is unwilling or unable to abate contamination within
forty-five (45) days of service of notice, the Director or his/her
designee shall call and hold a full and adequate hearing on the matter.
a.
Hearing Officer. The City Administrator shall act as hearing
officer to hold all hearings provided hereunder or may select and
appoint a hearing officer for any such hearing.
b.
Duties Of Hearing Officer. 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.
Form Of Hearing, Notice Of Hearing, Disposition Of Hearing. Prior to any such hearing, all affected parties shall be given at least twenty-one (21) days' written notice of the hearing. Such 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 or portion thereof in question, 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 or portion thereof, and the hearing officer shall order the structure or portion thereof closed and the unsafe contamination abated. If the evidence does not support a finding that unsafe contamination exists in the structure or portion thereof, no order shall be issued.
d.
Notice Of Order. The hearing officer shall furnish notice of
the order by first-class mail, return receipt requested, to each person
having an interest in the property as shown by the 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.
Failure To Follow Order. In the event the hearing officer shall
order the unsafe contamination in the structure or portion thereof
to be abated and the owner fails to complete such abatement within
the period of time set forth in the order, the City, acting through
the Director or his/her designee, may proceed to have the unsafe contamination
in the structure or portion thereof abated as the order provides.
f.
Tax Bill. For each structure or portion thereof determined to
have unsafe contamination, that is not voluntarily abated by the owner,
who bears all costs in such voluntary abatement, the Director or his/her
designee shall keep a true and accurate accounting of the cost of
abating such unsafe contamination and shall report the same to the
office of the City Clerk. The office of the City Clerk shall cause
a special tax bill against such property from which such unsafe 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
preceding and relating to the issuance thereof shall be a defense
thereto. As part of the cost of abating the unsafe contamination,
each special tax bill shall include a charge to be established by
ordinance for the computing, making, certifying, recording of the
bill, and any other cost recoverable in accordance with Missouri law.
Each special tax bill shall bear interest at the rate of eight percent
(8%) per annum beginning thirty (30) days after its issuance.
g.
Right Of Appeal. 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, or unsafe contamination abated.
6.
Verification Of Decontamination. Following the completion of
the decontamination work by a qualified contractor as provided in
this Section, the owner of the property having undergone such decontamination
work shall provide written results as evidence that the property no
longer has unsafe contamination. Such written test results shall include
documentation of post-decontamination sampling and analysis of such
samples, performed by a qualified contractor other than, and independent
from, the qualified contractor who performed the decontamination work.
Post-decontamination sampling shall be performed in accordance with
the appropriate sections of the United States Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup.
G. Final Action. After the structure or portion thereof has been decontaminated
and the Director is in possession of evidence that the structure or
portion thereof does not have unsafe contamination as set forth in
this Section, the structure or portion thereof shall be considered
safe and suitable for performance of a full inspection for an occupancy
permit.