Arbyrd City Clerk Erma Branum, left, answers questions from Alderman Ron Branum, right, concerning the proposed ordinance  establishging procedure for clean-up of real estate following casualty  loss. Also pictured is Mayor Lonnie Gibson, Jr., center. photo by Joshua Payne

Owners provided 30 days to repair, demolish damaged properties

ARBYRD, Mo.--The Arbyrd City Council recently approved an ordinance which creates a procedure for clean up of real estate after a casualty loss at a residence.

The ordinance procedure explains that only applies to residences destroyed by fire, explosion, or other casualty loss, which exceeds fifty percent of the face value of the insurance policy covering the structure.

In this situation, the ordinance determines that the insurer withholds ten percent of the covered claim payments, which is to be paid to the City of Arbyrd.

The City is required to deposit the payment in an interest-bearing account. Although, any mortgages named on the insurance policy shall maintain priority over any obligation created by the ordinance.

Following the casualty loss, the ordinance establishes 30 days for the property owner, or other individuals with responsibility to the structure, to repair or demolish and clean up the property.

If the owner or other individuals fail to make the repairs and clean up, then the Arbyrd City Council will host a hearing in order to allow the "interested parties" an opportunity to explain the failure, according to the ordinance.

The Arbyrd City Council will give "interested parties" notice of the meeting by personal service, or certified mail. If neither of these methods work, then notice will be published in a newspaper at least ten days before the hearing.

Following the "interested parties" making their statements at the hearing, the Arbyrd City Council will decide if "adequate justification" for the failure to clean the property in the allotted time is present, according to the ordinance.

If "adequate justification is not found, the council will use the forfeited funds to pay the clean up costs, but if the justification is found, the council will determine a reasonable deadline for the clean up to be completed.

The amount of forfeited funds, held by the city, shall be returned to the individual, along with interest accrued, if the property is cleaned by the determined deadline.

The ordinance also notes that if no insurance proceeds exist on the casualty loss and the deadline is not met by the "interested parties," then the city council will assess a special tax bill against the property. The tax bill will be a lien on the property, which will be a personal debt of the owner from the date of issuance until paid.

Individuals, having an interest in property affected by an order pursuant to the ordinance, have the ability to appeal the city council's decision in Circuit Court of Dunklin County, Mo., within 30 days of the issued order.

Any individuals failing to comply with the ordinance may be prosecuted in the Circuit Court of Dunklin County, Mo., City of Arbyrd Municipal Division. If the individual is found guilty, the court may assess a fine of up to five hundred dollars, or a term of imprisonment for up to 90 days, or both. Any punishment imposed by the court shall be in addition to all other remedies described in this ordinance.

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