CITY OF EL DORADO SPRINGS, MISSOURI
NOTICE OF BUILDING CODE VIOLATION
AND DECLARATION OF NUISANCE
Office of the Building lnspeck
City of El Dorado Springs, Missouri 64744
TO: Kelly Houts
RE: Street Address: 407 S Forest
Legal Description: The North 34 feet of Lot Sixty-Eight (68) and the South 22 feet of Lot Sixty-Nine (69), in Block Eight (8), of Johnson’s Addition to the City of El Dorado Springs, Cedar County, Missouri.
YOU ARE HEREBY NOTIFIED:
(1) Pursuant to chapter 8, article XII, of the Code of the City of El Dorado Springs, Missouri, the above described property was inspected and determined by the undersigned inspector to have defects itemized under section 8-278 of the Dangerous Building Code of the City of El Dorado Springs, Missouri. This notice constitutes a “declaration of nuisance” as contemplated by RSMo 67.410.3 and section 8-283(c)(l) of the Dangerous Building Code of the City of El Dorado Springs, Missouri. The building inspector has recommended that the property be ( ) REPAIR OR ( _X_ ) DEMOLISH. If a building permit is not obtained and correction started within ten days after receipt of this notice, and proceeded continuously without unnecessary delay, proceedings will be undertaken under the dangerous building code. In the case of an order to demolish, you are hereby ordered to complete the work within sixty (60) days of the date of the demolition permit being issued. The city may refer your noncompliance for prosecution under the Code of the City of El Dorado Springs, Missouri, or for vacation, repair, or demolition.
(2) You have the right and duty to cure the defect by obtaining the necessary building permit (see section 8-286 of the Dangerous Building Code), and by commencing vacating, boarding, repairing or demolishing within ten days after the receipt of such notice and by proceeding continuously with such work without unnecessary delay. The inspector is available at the El Dorado Springs City Hall, 135 West Spring, in El Dorado Springs, Missouri, for consultation or to assist you in securing a permit. He may be seen between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
(3) The building inspector will report to the code administrator compliance or non-compliance with the notice, failure to obtain the building permit, or failure to commence vacating, boarding, repairing or demolishing within the time frame provided by the ordinance.
(4) In non-emergency cases, you have the right to a hearing under Code section 8-284 and the right of appeal under Code section 8-285 and the right to judicial review under RSMo ch. 536. In emergency cases, the code administrator may take emergency measures to abate or correct a dangerous condition and judicial review may be made by injunction, mandamus, prohibition or other action under RSMo ch. 536.
(5) It is unlawful for any person, firm, corporation, partnership, association, or other organization to own or maintain a dangerous building or to fail to comply with the final order of the code administrator. In non-emergency cases or in emergency cases, violation of these provisions constitutes a violation of the Code of El Dorado Springs, Missouri and fines range from $250.00 daily to $500.00 daily for each day of violation.
(6) Building Inspector’s report is attached hereto and made a part hereof by reference.
(7) It shall be unlawful (per Section 107.5 2006 International Property Maintenance Code) for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
NOTE: A PERMIT IS REQUIRED BEFORE REPAIR, DEMOLITION, OR ANY OTHER KIND OF WORK CAN START. CONTACT THE INSPECTOR TO ENSURE YOUR PROPOSED WORK WILL CURE THE DEFECT. PERMITS WILL NOT BE ISSUED UNTIL YOUR APPLICATION IS APPROVED BY THE INSPECTOR
Aaron Smith, Building Inspector