CITY OF EL DORADO SPRINGS, MISSOURI NOTICE OF BUILDING CODE VIOLATION AND DECLARATION OF NUISANCE

Date: 12/07/2020

Office of the Building Inspector

City of El Dorado Springs, Missouri 64744

Phone: 417-876-2521

TO: Kelly Houts, Dale Shipley, Larry L. Beach

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 5 of the Municipal Code of the City of El Dorado Springs, Missouri and Section 5-128 through 5-145 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 5-129 of the Dangerous Building Code of the City of El Dorado Springs, Missouri. More specifically, this building is in violation of Chapter 5-129 Section (a) and Section 108.1.1 of the International Property Maintenance Code (2006). This notice constitutes a “declaration of nuisance” as contemplated by Section 67.410(3) RSMo. 1968, as amended and Section 5-133(3)(a) of the Dangerous Building Code of the City of El Dorado Springs, Missouri. The building inspector has recommended that the property be (___) REPAIRED OR (_X_) DEMOLISHED. If a building permit is not obtained and correction started within (10) 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 5-136 of the Dangerous Building Code), and by commencing cacating, boarding, repairing or demolishing within 10 days after the receipt of such notice and by proceeding continuously with such work without unnecessary delay. The inspector may be reached at 417-876-5376 for consultation or to assist you in securing a permit. The repairs must be completed within 30 days once commenced.

(3) The building inspector will report to the Code Administrator compliance or noncompliance 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 5-134 and the right of appeal under Code Section 5-135 and the right to judicial review under emergency measures to abate or correct a dangerous condition and judicial review may be made by injunction, mandamus, prohibition or other action under Chapter 536, RSMo, 1986, as amended.

(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 the City of El Dorado Springs, Missouri, and fines range from $250 daily to $500 daily for each day of violation.

(6) Building Inspector’s report is attached hereto and made a part of hereof by reference.

(6) 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 compiled with, or until such owner shall first furnish 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.

Respectfully,

Aaron Smith, Building Inspector