§ 13-13. Duties of the building commissioner.

The building commissioner shall have the powers and duties pursuant to this chapter to:

(1)

Supervise all inspections required by this chapter.

(2)

Upon receipt of a report from the building inspector indicating failure by the owner, lessee, occupant, mortgagee, agent or other persons(s) having an interest in said building to submit a reasonable repair or demolition plan or commence work of reconditioning or demolition within the time specified by this chapter or upon failure to proceed continuously with work without unnecessary delay, report such failure to the city council to set 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 21 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 the county, who may appear before the city council on the date specified in the notice to show cause why the building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the building inspector's notice as provided herein. The above interested parties shall be notified of their right to their own counsel to appear for them at the hearing.

(4)

The hearing shall be conducted and the matter set forth as in RSMo 536.070 with the city council serving as the hearing officers. The city council shall have those powers to punish contempt as set forth in section 536.095. The city council may sustain, modify or order withdrawn any order or notice subject to the hearing. The decision of the city council shall be made in writing in conformity with RSMo 536.090.

(5)

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 city council 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 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.

(6)

The procuring of a building permit, in and of itself, will not stop the scheduling or conducting the evidentiary hearing; nor will the act of procuring the building permit alter the time frames for repair or demolition that have been ordered by the city council following the evidentiary hearing.

(7)

If the owner, occupant, mortgagee or lessee fails to comply with the order within 30 days or as ordered in the findings of fact and conclusions of law, the building commissioner shall cause such building structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the building commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance and an administrative fee of $50.00 shall be certified to the city clerk or officer in assessment therefore 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 RSMo §§ 429.010 to 429.360, except as provided in section 13-14, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten 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 per annum until paid.

(Ord. No. 3800, § 1, 7-2-01; Ord. No. 4028, § 2, 11-6-06; Ord. No. 4343, § 1, 4-15-14)