§ 6-162. Amendments.

The following sections of the International Property Maintenance Code adopted in section 6-161 above are hereby revised as follows:

(a)

Section 101.1. Insert "City of Kirksville, Missouri".

(b)

Section 103.5. Fees. Delete entire section.

(c)

Section 106.4. Delete existing text and insert "Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $50.00 nor more than $500.00 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense."

(d)

Section 110.2 Notices. Notices shall comply with Section 107.

(e)

Section 110.3 Orders and Failure to Comply. If the owner of a premise or owner's authorized agent fails to commence the work of reconditioning or demolition within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the building commissioner or designated officer or officers shall call and have a full and adequate hearing upon the matter, giving the affected parties at least ten days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard. After the hearings, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety, or welfare of the residents of the city, town, village, or county, the building commissioner or designated officer or officers 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, town, village, or county and ordering the building or structure to be demolished and removed, or repaired. The building commissioner or designated officer or officers shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 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, town, village, or county, no order shall be issued.

(f)

Add new Section 110.5. Insert 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, and if the covered claim payment is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure, then the following procedure shall apply.

1.

The insurer shall withhold from the covered claim payment twenty-five percent (25%) of the covered claim payment, and shall pay that amount 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. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the moneys held by the City shall be applied toward payment of special tax bill or assessment. If there is any excess, it shall be paid by the City to the insured or as the terms of the policy, including any endorsements thereto, provide.

2.

The City shall release the proceeds and any interest which has accrued on such proceeds received under subsection (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 moneys, unless the City has instituted legal proceedings under the provisions of the 2015 International Property Maintenance Code, Section 110.3. If the City has proceeded under the provisions of Section 110.3, all moneys in excess of that necessary to comply with the provisions of Sections 110.3-110.4 for the removal of the building or structure, less salvage value, shall be paid to the insured.

3.

The City may certify that, in lieu of payment of all or part of the covered claim payment under this section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild, or other wise make the premises safe and secure. In this event, the City shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction. 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.

4.

No provision of this section shall be construed to make the City a party to any insurance contract."

(g)

Section 302.4. Weeds. Delete existing text and insert the following: "All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens."

(h)

Section 302.8 Motor Vehicles . Delete existing text and insert the following: "Code of Ordinances, City of Kirksville, Sec. 17-4. Wrecked, damaged, demolished, disabled, disassembled, inoperative, or currently unlicensed vehicles.

(a)

For the purposes of this section, the terms "vehicle" or "automotive vehicle" will include any kind or type of car, truck, motorcycle, or trailer.

(b)

At no time shall any vehicle located on any premises within public view be allowed to continually remain in a state of disassembly, disrepair, or in the process of being stripped or dismantled.

(c)

Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work or painting, provided that such work is performed inside a private garage or completely enclosed structure approved for such purposes.

(d)

At no time shall any inoperative vehicle of any kind or type be parked, stored on, left at, or permitted to remain upon, any portion of any private property or premises, either residentially or commercially zoned, within the City of Kirksville, for a period of time that exceeds seven (7) days.

Exceptions:

(1)

Vehicles of the type described above may be parked or stored on such property if the vehicle is in a completely enclosed private garage or building.

(2)

Vehicles of the type described above are permitted at the site of any business engaged in motor vehicle sales or vehicle repair, which holds a current city business license.

(3)

Vehicles of the type described above that are used for the training of emergency personnel for extraction of vehicle occupants, fire training, medical procedures, etc.

(e)

At no time shall any kind, or type of automotive vehicle, be parked, stored on, left at, or permitted to remain upon any portion of any private property or premises, either residentially or commercially zoned, that does not properly display current state issued license plates.

Exceptions:

(1)

Vehicles of the type described above may be parked or stored on such property if the vehicle is in a completely enclosed private garage or building.

(2)

Vehicles of the type described above are permitted at the site of any business engaged in motor vehicle sales or vehicle repair, which holds a current city business license.

(3)

Vehicles with a state license plate that has been expired less than one (1) month.

(4)

A vehicle that is manufactured solely for off-road use, or that does not require a state issued license plate if operated on the public roads.

Note: Persons choosing not to display current state license plates on a vehicle, and choosing not to store the vehicle in a completely enclosed private garage or building, may remove the vehicle from the city."

(i)

Section 304.14. Insert "April 1 to December 1".

(j)

Section 602.3. Insert "October 1 to May 1".

(k)

Section 602.4. Insert "October 1 to May 1".

(l)

Carbon monoxide alarm devices; requirements.

(1)

All residential dwellings and every building which contains a residential unit(s) shall be equipped with approved carbon monoxide alarm(s) if within that building there exists any heat source that burns fossil fuels that produces carbon monoxide.

(2)

Any residence or any building which contains a residential unit and has an attached motor vehicle garage shall install carbon monoxide alarms in accordance with this chapter.

(3)

Location. Not less than one (1) approved carbon monoxide alarm shall be installed in each residential unit. At least one (1) such alarm shall be installed within forty (40) feet of each room used for sleeping purposes. The carbon monoxide alarm should be placed so it will be easily audible in all sleeping rooms. The carbon monoxide alarm shall be installed according to the manufacturer's instructions.

(4)

Standards. Every approved carbon monoxide alarm shall comply with all applicable federal and state regulations, and shall bear the label of a nationally recognized standard testing laboratory, and shall meet the standards of UL 2034 or its equivalent. The code administrator may issue rules and regulations not inconsistent with the provisions of this chapter, for the implementation and administration of the provisions of this chapter relating to carbon monoxide alarms.

(5)

Battery removal violations—Penalty. It shall be unlawful for any person to remove batteries from a carbon monoxide alarm required under this chapter, or in any way to make inoperable a carbon monoxide alarm required under this chapter, except that this provision shall not apply to any building owner or manager or his agent in the normal procedures of replacing batteries. Any person who violates this section shall be punished by a fine of not less than five hundred dollars ($500.00) per violation.

(6)

Owner's/tenant's responsibilities. The owner of a structure shall install the carbon monoxide alarm(s) and supply required carbon monoxide testing and maintenance information to at least one (1) adult tenant in each dwelling unit. The tenant shall conduct periodic tests, provide general maintenance, and replace required batteries for carbon monoxide alarms located in the tenant's dwelling unit.

(7)

The owner or owner's agent of any building which contains a residential unit or the owner or the owner's agent of any residential building that has more than one (1) unit and is heated by a central heating source which uses fossil fuel for its heating shall install one (1) approved carbon monoxide alarm on the floor containing the central heating unit. The owner shall test, provide general maintenance, and replace the required batteries for carbon monoxide alarms located in this area. The carbon monoxide alarm shall be installed according to the manufacturer's instructions.

(8)

In cases where dwellings are owned by the resident(s) and reside therein, the owners of the residence shall be responsible for the installation and maintenance of the required carbon monoxide detector according to the manufacturer's specifications and the terms of the ordinance.

(9)

Fossil fuel defined. Whenever used in this chapter, the term "fossil fuel" shall include, but not be limited to, coal, natural gas, kerosene, oil, propane and wood.

(10)

Penalties. Any person(s) who shall violate a provision of this subsection (j), or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor, punishable as provided in chapter 1, section 1-7 of the City Code.

(11)

Effective date. This subsection (j) will become effective on September 1, 2007.

(m)

Delete the existing definition of rubbish as defined in the adopted version of the International Property Maintenance Code and replace with: "Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, automotive and other vehicle and mechanical parts, tires, bicycle parts, stripped down or non-working lawn mowers, construction materials when no building permit is in effect, boards, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, recycle materials not in approved recycling containers, glass, crockery, dust, and other similar materials."

(Ord. No. 11280, § 12, 1-20-97; Ord. No. 1446, § 1, 4-17-2000; Ord. No. 11474, § 6, 11-6-2000; Ord. No. 11500, § 1, 6-4-2001; Ord. No. 11619, § 16, 5-19-2003; Ord. No. 11785, § 1, 1-17-2007; Ord. No. 11786, § 2, 2-7-2007; Ord. No. 11891, 9-21-2009; Ord. No. 11894, § 1, 10-19-2009, eff. 11-1-2009; Ord. No. 12149 , § 2, 3-16-2015; Ord. No. 12190, §§ 1(2, 3) 1-4-2016; Ord. No. 12268, §§ 1, 2, 2-5-2018)