§ 17-1. Manufactured homes.

(1)

Whenever it shall be found by the code official that a manufactured home, as defined by Chapter 26, is unfit for human occupancy, it is hereby declared that the same shall constitute a public nuisance.

(2)

In such event the code official shall give notice of the declaration of said public nuisance as follows:

a.

Said notice shall be in writing and shall include a description of the manufactured home for sufficient identification.

b.

Said notice shall specify that the manufactured home is to be vacated and either reconditioned or removed.

c.

Said notice shall include a correction order describing the repairs and improvements required for reconditioning and allowing a reasonable time for such remedial action, including removal, to be commenced and/or completed.

d.

Said notice shall be served on the owner, occupant, lessee, mortgagee, and any other person having an interest in said manufactured home as shown by public records, and 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.

(3)

Upon failure to commence work of reconditioning or removal within the time specified, or upon failure to proceed continuously with the work without unnecessary delay, the shall call and have a full and adequate hearing upon the matter, giving the affected parties at least ten (10) days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard.

(4)

After the hearing, if the evidence supports a finding that the manufactured home is unfit for human occupancy and is therefore a public nuisance which is detrimental to the health, safety or welfare of the residents of the city, the code official shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the manufactured home to be a public nuisance and ordering the same to be reconditioned or removed. If the evidence does not support a finding that the manufactured home is a public nuisance as provided for herein, then no order shall be issued.

(5)

After the hearing, if the code official shall issue an order as provided herein whereby the manufactured home is to be reconditioned or removed, the city may proceed with such work and the cost of performance for abating the public nuisance shall be certified to the city clerk, 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, and the tax bill from the date of its issuance shall be deemed a personal debt against the owner of the manufactured home and shall also be a lien on the manufactured home until paid.

(6)

After the hearing, any interested party may appeal the determination of the code official to the circuit court as established in RSMo. 536.100 to 536.140, or in RSMo. 536.150, as the case may be.

(Ord. No. 11374, § 1, 3-1-99)