New Franklin Property Maintenance Code ordinance (§ 500.020)

A. A certain document, one (1) copy of which is on file in the office of the City Clerk of the City of New Franklin, Missouri, being marked and designated as "The BOCA National Property

Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the City of New Franklin in the State of Missouri for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (B) of this Section.

B. Additions, Insertions And Changes. The BOCA National Property Maintenance Code is amended and revised in the following respects:

Section 110.3 Failure to Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be certified to the City Clerk or other officer in charge of finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, and shall be collected in the same manner and procedure as for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on property until paid.

Section PM-111.0 Added as follows:

Section 111.0 Board of Appeals.

1. The Mayor shall act as Building Commissioner under this Section.

2. Any person affected by a decision of the code official or a notice or order issued under this Code shall have the right to appeal to the Building Commissioner, provided that a written application for appeal is filed within twenty (20) days after the day the decision notice or order was served. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or the requirements of this Code are adequately satisfied by other means.

3. The Mayor (Building Commissioner) shall:

4. Upon receipt of the report of the Building Inspector as provided in Ordinance No 603 give written notice 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 the County to appear before him 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 statements and particulars set forth on the Building Inspectors notice provided for herein in Ordinance No. 603.

5. Hold a hearing and hear such testimony as the Building Inspector, or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the land records of the County shall offer relative to the "dangerous building".

6. Make written findings of fact from the testimony offered pursuant to Subsection (5) as to whether or not the building in question is a "dangerous building".

7. Issue an order based upon findings of fact from the testimony offered pursuant to Subsection (6) commanding the owner, occupant, mortgage, lessee, agent and all other persons having an interest in said building as shown by the land records of the County, to repair, vacate, or demolish any building found to be a "dangerous building" within the terms of this Section and provided that any person so notified shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building; but having an interest in said building as shown by the land records of the County may demolish said dangerous building at no risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the City, as provided in Subsection (8).

8. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection (7) hereof, within thirty (30) days, the Board of Aldermen then shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for and shall with the assistance of the City Attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety, or general welfare of the people of this City, the Board shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.

9. Report to the City Attorney the names of all persons not complying with the order provided for.

10. At the request of the taxpayer, the special tax bill provided for may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.

11. Appeal to Circuit Court. Any owner, occupant, lessee, mortgagee, agent, or any other person having an interest in a "dangerous building" as shown by the land records of the Recorder of Deeds of the County may, within thirty (30) days from the receipt of the order of the Mayor (Building Commissioner) provided for by this Code appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.