[Ord. 2277, §2; Ord. 2596, §2-3; Ord. 2927, §2; Ord. 3151, §2; Ord. 3549, §2; Ord. 4454, §2]
(a) 
There is hereby adopted by the City, for the purpose of establishing rules and regulations applicable to and governing all building and construction in the City, that certain code known as the International Building Code, 2018 Edition, and the Appendix Chapters A, B, I, and K, of which code not less than two (2) copies have been and now are filed in the office of the City Clerk, and the same is hereby adopted and incorporated in the Code of the City of Rolla, Missouri, as if set out at length herein.
(b) 
This Ordinance shall be in full force and effect from and after January 1, 2019.
[Ord. 2596, §3; Ord. 2742, §2; Ord. 2803, §1; Ord. 2927, §2; Ord. 3284, §2; Ord. 3549, §2; Ord. 4454, §2; Ord. 4526, §1]
(a) 
101.1, Title, is hereby amended by inserting the words "City of Rolla, Missouri".
(b) 
105.2, Work exempt from permit. Change the following:
Building:
(1) 
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than two hundred (200) square feet.
(2) 
Roof covering, siding, painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
(c) 
105.5, Expiration. Every permit issued shall be valid for one (1) year after issuance unless work authorized by the permit is not commenced within one hundred eighty (180) days after issuance, or if the authorized work is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. At that time the permit would become void and re-application would need to be made. A one-time, one-year extension of a valid permit may be obtained at a cost of one-half (1/2) of the original permit fee.
(d) 
109.2, Schedule of permit fees. Insert the following:
New Construction - IBC Permit Fee Schedule (Gross Area x Gross Area Modifier x Permit Fee Multiplier (0.0022) = Permit Fee. The permit fee multiplier shall be increased annually, until a minimum fifty percent (50%) recapture rate is maintained by the Community Development Department and Fire Department in costs related to building inspections and property maintenance.
[Ord. 4526, §1]
Flat Rate Fee Schedule
Portable storage building over 200 sq. ft.
$50.00
 
Portable Carport
$50.00
 
Deck, Porch or Stairs
$50.00 (residential)
$100.00 (commercial)
Electric Service
$50.00 (residential)
$100.00 (commercial)
Mechanical, Electric, Plumbing Work
$50.00 (residential)
$100.00 (commercial)
Pool or Spa (residential)
$50.00 (above-ground)
$150.00 (in-ground)
Pool or Spa (commercial)
 
$300.00
Mobile Home
 
$100.00
Alterations less than 500 sq. ft.
$50.00 (residential)
$100.00 (commercial)
Alterations 501 - 1499 sq. ft.
$100.00 (residential)
$200.00 (commercial)
Alterations 1500 sq. ft. and larger
$150.00 (residential)
$300.00 (commercial)
Signs 50 sq. ft. and under
 
$75.00
Signs over 50 sq. ft.
 
$150.00
Communication Tower
 
$300.00
Demolition
$50.00 (residential) (plus $200.00 deposit)
$100.00 (commercial)
(plus $500.00 deposit)
 
 
Excavation
$750.00
 
Sewer connection and/or tapping fees and excavation deposit will remain unchanged.
 
 
When construction has commenced without a permit, the permit fee shall be twice the original amount to cover the additional inspections and the time necessary to insure compliance with the code. When construction has begun under the authorization of a permit, but the permit holder has failed to obtain the required inspection, and the construction has passed the stage in which the inspection can be reasonably done, then an additional twenty-five percent (25%) of the original permit fee (twenty-five dollars ($25.00) minimum) will be charged. A two hundred dollars ($200.00) deposit will be required on all residential permits and a five hundred dollars ($500.00) deposit will be required on all commercial construction permits with estimated construction costs greater than two thousand five hundred dollars ($2,500.00). This deposit shall be refunded after final inspection has been approved under a valid and current permit and the Public Works Department has approved all work and the condition of the right-of-way. Should the permit expire or final inspection not be obtained and approved within this timeframe, the deposit shall be forfeited.
(e) 
114.4, Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a Misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(f) 
115.3, Unlawful Continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00).
(g) 
903.2.8.1, Exceptions.
(1) 
An automatic sprinkler system shall not be required in Group R as adopted by Missouri State Statute 67.281 "Any governing body of any political subdivision that adopts the 2009 International Residential Code for One- and Two-Family Dwellings or a subsequent edition of such code without mandated automatic fire sprinkler systems in Section R313 of such code shall retain the language in section R317 of the 2006 International Residential Code for two-family dwellings (R317.1) and townhouses (R317.2)."
(2) 
An automatic sprinkler system shall not be required in Group R when the habitable space is less than three thousand seven hundred fifty (3,750) square feet for a three (3) unit multiple family home (Three-Plex), or less than five thousand (5,000) square feet for a four (4) unit multiple family home (Four-Plex), and no more than 1 story above grade. Each individual apartment, must be constructed with a one (1) hour fire separation between individual units and all garage areas must be protected by a one (1) hour fire separation
[Ord. 1014, 3]
If any structure sought to be moved under Sections 6-18 exceeds twenty (20) feet in height and twenty-four (24) feet in width, a special permit to move such structure shall be obtained from the city engineer and the city engineer shall designate the route to be used in the moving of the structure, and if, in the opinion of the city engineer, the structure cannot be safely moved to its new location without creating traffic hazards or damaging property of the city or others, then the city engineer shall refuse to issue such permit.
[Ord. 1104, 2]
The electrical alarm system permitted by Section 6-20 shall be installed and maintained by such person at his expense; and the city shall not, in any manner whatsoever, be responsible for the installation or maintenance of such alarm system, and the city shall not be liable to any person for any damages or injuries which may arise from the installation or maintenance of such alarm system.
[Ord. 1104, 4]
For the right of having the electrical signal located at the police station or fire station, there shall be paid a service charge to the city in the amount of ten dollars ($10.00) per month. Such service charge shall be payable in advance, and such service charge shall be paid for each installation, that is to say, a service charge for an installation at the police station, and a separate service charge for an installation at the fire station.
[Ord. 1104, 5]
In the event the service charge required by Section 6-23 shall not be paid within a period of thirty (30) days after such charge shall become due and payable, the city engineer is authorized and directed to disconnect and make inoperative the signal for such electrical alarm system.
[Ord. 4008, §1]
Sections 6-25 through 6-34 shall be known as the "Unsafe Buildings Code". Sections 6-25 through 6-34 establish necessary procedures to (a) prosecute the owner, occupant, resident, or other person in possession, charge or control of improperly maintained or otherwise unsafe buildings within the City for failing to properly maintain or otherwise abate and/or remove such conditions, (b) provide procedures allowing the City to abate or remove unsafe conditions resulting from improperly maintained or kept buildings and structures as they are found to exist within the City, (c) allow the City to charge the costs of City implemented abatement or removal action to the owners of the property upon which the improperly maintained or otherwise unsafe buildings exist and to impose a lien against the property upon which the condition are abated or removed, and (d) provide for procedures for permanent removal of such unsafe conditions. This Code is an exercise of the City's general police power and shall be liberally construed. The following definitions shall apply to the terms used herein:
BUILDING
Means any house, building, garage, structure or other erected improvement permanently affixed to property within the City regardless of whether used for residential or commercial purposes.
CITY
Shall mean the City of Rolla, Missouri.
CODE
As used herein shall mean the Unsafe Building Code.
ADMINISTRATOR
As used herein shall mean the City's Building Codes Administrator or any qualified designee.
HEARING BOARD
Shall mean the City's then appointed and serving board of adjustment sitting under this Code, however, as an administrative hearing panel whose decisions shall be subject to review under the Missouri Administrative Procedure and Review Act, Chapter 536, RSMo.
OWNER
Shall mean any person or entity then shown as the legal owner of the property hereby affected as reflected in the records of the Phelps County Recorder of Deeds. It shall not include any mortgagee or any beneficiary or trustee under a recorded deed of trust or any person with a leasehold interest in the Property under either a written or oral lease, whether recorded or unrecorded.
OCCUPANT
Means any person or entity in possession of and occupying a building hereby affected for purpose, whether as an owner, resident, lessee or licensee under any lease, license or other permit.
UNSAFE BUILDING
As used in the Code shall mean any building hereby affected having those specific qualities or conditions discussed and described in Section 6-28 hereof.
UNSAFE BUILDING CONDITION
Shall be a building having any of the qualities or conditions described in Section 6-28 hereof.
PERSON
Shall mean both the owner and any occupant of the property hereby affected.
PROPERTY
Shall mean real estate situated within the City upon which an unsafe building is located.
[Ord. 4008, §1]
No owner or occupant of any property within the City shall keep, maintain, cause or permit any of the conditions declared to constitute or create as unsafe building under this Code to exist upon such property. It shall be the duty of every owner and occupant of any building within the City to maintain the same so as not to permit the creation, maintenance or existence of an unsafe building condition as defined hereunder. Any building in the City determined to be an unsafe building is hereby declared a nuisance.
[Ord. 4008, §1]
Any person who/which violates any provision of this Code shall be subject to the following penalties, and the City may pursue any or all of the following remedies, which shall be deemed to be cumulative and not mutually exclusive.
(a) 
Prosecution. The owner, occupant, resident, or other person in possession, charge or control of any condition defined hereunder as a nuisance who shall fail to comply with any notice or order to repair, vacate or demolish such building issued hereunder shall be deemed to have violated this Code and shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), unless the owner of the property is not also a resident of the property, in which case such fine may not exceed two thousand dollars ($2,000.00), or by imprisonment not exceeding ninety (90) days; or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The City through its City Prosecutor may prosecute an alleged violation of any provision or requirement of this Code as hereinafter provided. It shall be a separate offense for each day the nuisance is allowed or continues to exist.
(b) 
Abatement or Removal. Upon determination that an unsafe building exists, the City may abate or remove the unsafe building condition and assess the costs thereof in accordance with the provisions of this Code.
(c) 
Injunction. In order to eliminate, remove or prevent an unsafe building condition which is in violation of this Code, the City Counselor, or other attorney(s) employed by the City for such specific purpose, may obtain such civil redress as may be appropriate under the circumstances, including restraining orders and injunctive relief in a court of competent jurisdiction.
[Ord. 4008, §1]
Any building upon any property within the City which has any of the following defects or conditions shall be deemed an "unsafe building" to the extent that the life, property, or safety of the public or occupants of the building are endangered, and shall be declared an unsafe building hereunder:
(a) 
Those buildings which have exterior or 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 of any such wall or vertical structure members fall outside of the middle third of its base.
(b) 
Those buildings which, exclusive of the foundation, (i) show any evidence of damage or deterioration to the supporting member or members, or (ii) any evidence of damage or deterioration of the non-supporting enclosing or outside walls or coverings that prevent the building from being secured against unauthorized entrance.
(c) 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged or to collapse and thereby posing a risk of injury to persons or damage to other property.
(d) 
Whenever any portion thereof has wracked, cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction.
(e) 
Those buildings, or any portion thereof, which because of (i) dilapidation, deterioration or decay, (ii) faulty construction, (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, or (iv) the deterioration, decay or inadequacy of its foundation is reasonably likely in the opinion of the Administrator to partially or completely collapse.
(f) 
Those buildings, as determined by any official law enforcement agency, used for the illegal manufacture or storage of a controlled substance as defined by this Article.
(g) 
Those buildings under construction, or a fire damaged building upon which no current building permit is held and no substantial work shall have been performed for the immediately preceding thirty (30) days, and in the opinion of the Administrator conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered.
(h) 
Those portions of any building which remains on a site after the demolition or destruction of the building unless the portion remaining constitutes the proper and secure storage of salvage materials to be removed within thirty (30) days of the original demolition or destruction.
(i) 
Those buildings used or intended to be used for residential dwelling purposes which are, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, as reasonably determined by the Administrator, unsanitary, unfit for human habitation or in such a condition as is likely to cause sickness, disease or injury.
(j) 
Those buildings which because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause are reasonably determined by the Administrator to be a fire hazard.
(k) 
Those buildings where any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
(l) 
Those buildings where the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(m) 
Those portions of a building or any member, appurtenance or ornamentation on the exterior thereof, which in the reasonable opinion of the Administrator are not of sufficient strength or stability, or are not so anchored, attached or fastened in place so as to be capable of resisting wind pressure of one-half (1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
(n) 
Those buildings which are abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public, in which the electrical, plumbing, mechanical, or other systems are totally or partially damaged, destroyed, removed or otherwise made inoperable, unsafe or unsanitary, or such conditions or defects exist to the extent that the life, property or safety of the public or its occupants are endangered.
[Ord. 4008, §1]
The following provisions set forth the procedures for notice, administrative hearings and enforcement of the Unsafe Buildings Code:
(a) 
Complaints. The Administrator shall receive any complaint regarding an alleged unsafe building condition hereunder and, based upon such a complaint or said Administrator's own observations, inspect and make initial determinations of the existence of an unsafe building condition and issue a notice to abate or remove the unsafe building condition, and /or require that the building be vacated until the unsafe building condition has been remedied, all as hereafter provided.
(b) 
Inspections; Right of Entry upon Property for Inspections. The Administrator shall be permitted to enter upon private property for the purpose of making such inspection if necessary to conduct said inspection but only upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
(c) 
Requirement of Abatement Notice. Notice of the existence of an unsafe building condition shall be required in order to require abatement of the condition described hereunder or for the prosecution of a violation or the finding of a violation of any provision of the Unsafe Buildings Code in the Municipal Court of the City of Rolla. Notice shall not be required, and shall not be a prerequisite, to an action for injunctive relief hereunder.
(d) 
Standards for Abatement. The following standards shall determine whether a building shall be ordered to be repaired, vacated or demolished under the terms of this Code:
(1) 
If the unsafe building can be reasonably repaired so that it does not constitute a unsafe building, as herein defined, it may be ordered repaired.
(2) 
If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of human occupants, but it is reasonably capable of being repaired so that it will not constitute a dangerous building, it shall be ordered to be vacated until repaired and ordered repaired.
(3) 
If the unsafe building cannot be reasonably repaired so that it will not constitute an unsafe building as herein defined, it shall be ordered to be demolished.
(e) 
When Abatement Notice Given; to Whom. When the Administrator has made an initial determination of the existence of an unsafe building condition as defined hereunder, he/she shall as soon as possible thereafter notify the owner, occupant, lessee, mortgagee and any other person or entity having a legal or equitable interest in the property as shown by the land records of the Phelps County Recorder of Deeds.
(f) 
Contents of Abatement Notice. The abatement notice shall state: (1) the specific provision(s) of the Unsafe Buildings Code violated; (2) the address and the legal description of the property where the condition exists; (3) the name of the Administrator and the address and telephone number of his/her office; (4) the actions necessary to remove or abate the unsafe condition, the time within which abatement must occur or commence, which shall not be fewer than twenty (20) days from the date of service of the notice if notice is made personally or by certified mail, or not fewer than forty-five (45) days of first publication if notice is made by publication; (5) whether the property must be vacated during repairs or, if demolition is required, that the property must be immediately vacated; and (6) that the City may request a hearing before the Hearing Board requesting authority to abate or remove the unsafe building condition upon not less than twenty (20) days notice if corrective action to abate or remove the unsafe condition is not otherwise undertaken by the owner or occupant, or same other person on his/her/its behalf as required.
(g) 
City Initiated Abatement; Hearing Required. Upon failure of the owner and/or occupant to abate or remove the unsafe building condition upon notice as aforesaid, the City may proceed to abate or remove the condition. However, no such abatement or removal action shall be commenced by the City until a hearing has been conducted before the Hearing Board pursuant to this Code. Upon any such failure of the owner and/or occupant of the property to undertake the corrective action as described in the notice to abate or remove given as aforesaid, the Administrator may request in writing to the City Clerk a hearing before the Hearing Board. Upon receipt of a request for hearing from the Administrator; the City Clerk shall request the Hearing Board to issue written notice of the date, time and place of the hearing, which shall be not less than twenty (20) days after service of such hearing notice if made by personal service or by certified mail, or not less that forty-five (45) days of first publication if service is made by publication.
(h) 
Contents of Hearing Notice. The hearing notice shall state: (1) the specific provision(s) of the Unsafe Buildings Code allegedly violated; (2) the address and the legal description of the property where the condition exists; (3) the name of the Administrator and the address and telephone number of his/her office; (4) the date, time and place of the hearing to be held; (5) that the City is seeking an order authorizing it to cause said unsafe building condition to be abated or removed at the owner's expense; and (6) that the costs of abatement or removal of the unsafe building condition shall be assessed as a special tax bill, shall be deemed a personal debt against the property owner and, in addition, shall be a lien on the property until paid.
(i) 
Service of Notice. Notice of the Administrator's request for abatement or removal of an unsafe building condition under this Code, and notice of any hearing requested by the Administrator before the Hearing Board, shall be served as follows:
(1) 
Upon Who Served. Service shall be upon each and every owner, occupant, lessee, mortgagee and any other person or entity having a legal or equitable interest in the property as shown by the land records of the Phelps County Recorder of Deeds.
(2) 
How Served; Posting; Personal Delivery or Certified Mail. Service of any notice required under this code in all cases shall be made by posting any notice required hereunder upon the affected property in a conspicuous place. Service of any required notice shall also be attempted by either personally delivering the written notice to the person to be served, or by delivering said notice by certified mail, return receipt requested, to the person to be served. If service is had by personal delivery, the same shall be attested to by the person making service, to include the name and signature of the person making service, the name of the person served, the date, time and location of service, and a description of the notice so served. If service is by certified mail, the City Clerk shall be responsible for keeping the signed return receipt and the same shall constitute proof of service by certified mail.
(3) 
Service Cannot be had by Personal Delivery or Certified Mail. If service by personal delivery or by certified mail as described above is not possible, the person responsible for making service shall attest in writing to the lack of personal service or service by certified mail. Said writing shall include the name and signature of the person attempting service, the name of the person to have been served, a description of the reasonable attempts to obtain service by personal delivery or certified mail, including a description of the date and nature of the attempts at service. Said writing shall be retained by the City Clerk along with any other documents associated with the unsuccessful service attempts.
(4) 
Service by Publication; When. If service of any notice required hereunder cannot be made as aforesaid, service shall be made by publication. The publication shall contain the full test of the hearing notice, as required by this Code, and shall be published at least once each week for four (4) consecutive weeks on the same day of the week in a newspaper of general circulation published in Phelps County, Missouri. The time, date, and place of the specified in the notice of hearing to be held, or for the commencement of abatement or removal work or for any other thing to be done, shall be at least forty-five (45) days from the date of the first publication of notice. The person causing the service of the notice by publication shall be responsible for obtaining from the publisher an affidavit of publication, which shall be retained by the City Clerk and which shall constitute proof of service by publication.
(j) 
Conduct of Hearing. At the hearing before the Hearing Board, any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of whether or not an unsafe building condition exists under the terms of the Unsafe Buildings Code. An official court reporter shall make a written record of the hearing. All testimony shall be under oath, which may be administered by the City Clerk or by the court reporter making a written record of the hearing. The cost of the court reporter shall be paid by the City should the proceeding be eventually held against the City, and by the owner if it should not. In the latter case, the cost of such reporting shall be added to the cost of abatement or removal of the unsafe building condition as undertaken by the City, and shall be added to the costs of the abatement or removal in the event the City shall be required to do so, and payable as provided for such costs.
(k) 
Findings of Hearing Board; Vote. Within twenty (20) days from the date of the hearing required hereunder, the Hearing Board shall upon the basis of competent and substantial evidence offered at the hearing make written findings of fact as to whether or not the property in question has upon it an unsafe building condition under the terms of the Unsafe Buildings Code. Specifically, if it is found that an unsafe building condition exists, the written findings shall state the condition or conditions which constitute the unsafe building. The concurring vote of three (3) members of the Hearing Board shall be necessary to find that an unsafe building condition exists. The Hearing Board may make such further orders as just and necessary to cause abatement or removal of the unsafe building condition found to exist. If the Hearing Board finds that an unsafe building condition does not exist, the proceeding shall be dismissed.
(l) 
The City Finance Director shall establish procedures wherein twenty-five percent (25%) of the proceeds payable under any insurance policy resulting from a casualty loss to any building upon property within the City, where the loss exceeds fifty percent (50%) of the face value of the policy covering the building, is withheld. The insurer shall, upon the written request of the City, pay said twenty-five percent (25%) of the proceeds to the City which shall be deposited in an interest bearing account. The City shall release the proceeds and any interest which has accrued on such proceeds received hereunder 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 enforcement proceedings under the provisions of subparagraph (f) of this Section. If the City has hereunder proceeded with abatement or removal proceedings, all moneys in excess of that necessary to comply with the provisions this Code for City initiated abatement or removal of unsafe building conditions, less salvage value, shall be paid to the insured. If there are no proceeds of any insurance policy as set forth in this subparagraph, at the request of the taxpayer, the tax bill described herein may be paid in installments over a period of not more than ten (10) years. This subparagraph shall apply to fire, explosion, or other casualty loss claims arising on all buildings. This subparagraph 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.
[Ord. 4008, §1]
The following provisions set forth the procedures for abatement or removal of violations of the Unsafe Buildings Code upon hearing held as aforesaid:
(a) 
Abatement. If an unsafe building condition is found to exist upon the required hearing, the Administrator shall proceed to cause the condition which constitutes a violation hereunder to be abated or removed in compliance with any orders made by the Hearing Board; provided that if the estimated cost of the abatement or removal exceeds one thousand dollars ($1,000.00), the Administrator shall not proceed until he/she has obtained the consent of the City Council to incur the cost of abatement or removal. If presented to the City Council, it may direct the Administrator to pursue alternative relief, such as prosecution or injunctive relief, to cause abatement of the nuisance, any orders issued by the Hearing Board to the contrary notwithstanding. The City shall not enter upon the property to commence abatement activities except upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
(b) 
Emergency measures. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, the Administrator may take emergency measures to vacate, repair, board up or demolish an unsafe building, provided that written notice shall be given to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure as promptly as possible, even if only after the emergency measures are taken. The cost of any such emergency work shall be collected in the same manner as herein provided. Unless serious bodily injury or death is likely to occur without emergency action, the City shall not enter upon the property to commence emergency measures except upon the express written consent of the owner of said property or under the specific authority granted pursuant to a lawful warrant issued by a court of competent jurisdiction as provided herein.
(c) 
Securing Buildings. In all cases where a building does not meet the standards for unsafe buildings as set forth in section 6-28, but which constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Administrator may notify the owner to secure the building within twenty-four (24) hours. In the event the owner fails to secure the building within that time, the Administrator may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as herein set forth.
(d) 
Standards for Securing Buildings. The following are the standards to be met when a building is secured as provided in Section 6-30(c):
(1) 
All doors and other openings other than windows shall be securely locked, boarded, barricaded or otherwise secured.
(2) 
All windows shall be locked or otherwise secured by the installation of security screens or grills. No windows shall be secured by covering them with boards or planks of wood or similar material, except as may be provided herein.
(3) 
In the event that a vacant building should pose a threat to the health, safety or welfare of the public, the Administrator shall order the building to be boarded up on all sides with the cost of such work to be the responsibility of the owner of the building. The building shall be secured by the application of one-half-inch thick exterior grade plywood. Such plywood shall be painted with a neutral color to match the building.
(4) 
In the event a building is damaged by fire, tornado or other such catastrophe, the owner of the damaged building may board the windows thereof for a period not to exceed six (6) weeks.
(e) 
Assessment of Abatement Costs. If the abatement is performed by City employees, the cost of the abatement shall be calculated according to the schedule of costs promulgated by the Administrator and kept on file in the office of the City Clerk. This schedule is to be determined after an analysis by the Administrator and other officers and department heads of the City deemed necessary by the Administrator to determine an accurate estimation of the costs incurred by the City to abate conditions subject to the provisions hereof. If the abatement or removal is performed by independent contractors hired by the City, the costs charged for the abatement or removal will be the actual amount paid to the contractor for the abatement or removal performed. Any and all direct fees and costs, including, but not limited to, landfill fees, hearing costs, and publication fees shall be included in the cost hereof.
(f) 
Tax Bills for Work; Manner of Payment. Whenever the City shall have caused abatement or removal work to be performed as provided hereunder, the Administrator shall certify the cost of the work to the City Clerk who shall cause the certified costs to be included in a special tax bill to be issued against the property from which the condition was removed or added to the annual real estate tax bill for said property, at the City Clerk's option. Said certified costs shall be collected by the County Collector or other officials designated by the City to collect real property taxes. If the certified costs are not paid, the tax bill shall be considered delinquent. The collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The special tax bill from the date of its issuance shall be deemed a personal debt against the owner of the property, and in addition shall be a lien on property until paid. Any tax bill hereunder shall bear interest at a rate of nine percent (9%) per annum until paid.
(g) 
Enforcement of Tax Bills. Tax bills issued under this Code shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property and owner thereof for the charges stated in the bill and may be collected, if default should occur, by enforcement of the City's tax lien in accordance with State law, and/or by suit brought in a court of competent jurisdiction by the City Counselor or by an attorney contracted with for the purpose on behalf of the City. Judgment in any such suit shall be satisfied by any means authorized by statutes or rules of court of the State.
(h) 
Warrant Application. Any warrant to enter upon property when required hereunder for the purpose of inspection of property, emergency measures, or for the purpose of initiating abatement activities shall be applied for by written affidavit of the Administrator to either the Municipal or Associate Division of the Circuit of Phelps County, Missouri. Such affidavit shall set forth (i) the legal description of the property for which the warrant is applied, (ii) the name and address of the owner of the property, (iii) specific facts constituting probable cause that an unsafe building as defined by this Code exists for which entry is required or that the existence of an unsafe building has been determined upon full and adequate hearing as herein required, and (iv) that entry upon the property is necessary to fully investigate the nature and extent of the unsafe conditions, or to take emergency measures, or to abate said unsafe conditions upon order of the Hearing Board where the owner of the property has failed to comply with such order.
[Ord. 4008, §1]
Any owner of property who is adversely affected by a decision of the Hearing Board may appeal from the order and findings made under the provisions of this Code. The appeal shall be to a Circuit Court of Phelps County, Missouri, as required under Chapter 536 of the Revised Statutes of Missouri.
[Ord. 4008, §1]
No officer, agent or employee of the City shall be personally liable for any damage that may occur to any persons or property as a result of any act required of him or permitted to be taken by him under the terms of this code. It hereby further declared that no officer, agent or employee of the City owes any duty under the provisions of this Code to any citizen or other individual but that the duties prescribed herein and imposed upon officers, agents or employees of the City are duties to be performed for and on behalf of the government of said City.
[Ord. 4008, §1]
After the determination that an unsafe building condition exists upon due hearing as herein required, items having any apparent monetary value, beyond salvage value, removed during any City undertaken abatement or removal shall be transported to a storage area or lot at the expense of the owner or person in custody thereof. Such items shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the items by payment to the City of the actual cost of removal, transportation and storage. If any item is unredeemed after the expiration of the thirty-day period, the Administrator, or his/her designee, may sell such items to the highest bidder or, if the items have no sale value, may otherwise dispose of them. Any money received from the disposal of any items shall be applied to the costs charged to the owner or person in charge thereof.
[Ord. 4008, §1]
After the determination that an unsafe building condition exists upon due hearing as herein required, items having any apparent monetary value, beyond salvage value, removed during any City undertaken abatement or removal shall be transported to a storage area or lot at the expense of the owner or person in custody thereof. Such items shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the items by payment to the City of the actual cost of removal, transportation and storage. If any item is unredeemed after the expiration of the thirty-day period, the Administrator, or his/her designee, may sell such items to the highest bidder or, if the items have no sale value, may otherwise dispose of them. Any money received from the disposal of any items shall be applied to the costs charged to the owner or person in charge thereof.
[Ord. 3293, §1]
(a) 
A home or business inspection is an objective visual examination of the physical structure and systems of a home, from the roof to the foundation performed for the purpose of a real estate transaction or prospective real estate transactions.
(b) 
The home or business inspection report will generally review the condition of the home's or businesses' heating system, central air conditioning system (temperature permitting), interior plumbing and electrical systems; the roof, attic, and visible insulation; walls, ceilings, floors, windows and doors; the foundation, basement, and visible structure.
(c) 
Home or business inspections, which are made for the purpose of a real estate transaction or prospective real estate transactions will be done by the Building Official or appointed representative for a fee of one hundred fifty dollars ($150.00).
(d) 
Any home or business inspections requested because of specific safety, health or welfare concerns would be performed by the Building Official or appointed representative at no charge.
[Ord. 3649, §1]
The City of Rolla is committed to the promotion of high quality private and public development in all parts of the City and to an ongoing improvement in the quality of life for its citizens. As one means to achieve this purpose, the Rolla City Council may, in special instances, consider proposals to reduce or waive building permit fees. The purpose of this action being to encourage the creation of new private sector jobs, to increase property tax valuation, to promote the retention and expansion of existing industry and to assist in the attraction of new businesses to Rolla. Specifically, the employment of this incentive shall be limited to businesses classified under the North American Industry Classification System (NAICS) manual as Sector 31-33 Manufacturing; Section 51, Sub-sector 514, Information Services and Data Processing Services; and Section 54 Professional, Scientific, and Technical Services. Warehouse and distribution facilities will not be eligible for this incentive unless they are ancillary or accessory to an eligible business located in or near Rolla.
[Ord. 3649, §1]
(a) 
Within the context of the purpose stated above, the City Council may, on a case-by-case basis, give consideration to the waiver or reduction of building permit fees as a stimulus for economic development. It is the intent of the City Council that said consideration shall be provided in accordance with the criteria outlined in this document. Nothing herein shall obligate the Rolla City Council to provide this incentive to any applicant.
(b) 
To be considered eligible for the waiver or reduction of building permit fees, a proposed project must meet the criteria outlined under Subsection (b)(1) or (2), as follows:
(1) 
The project involves a minimum increase in real property value of three hundred percent (300%) for a new eligible business; twenty-five percent (25%) for an expansion of an existing eligible business; or an investment of at least three million (3,000,000) in taxable assets; or
(2) 
The project will result in the creation of at least ten (10) new jobs within a twenty-four-month period, directly attributed to the completion and occupancy of the proposed project.