SLUM CLEARANCE

Southaven Code of Ordinances tit. IV, ch. 4

in effect

Southaven Code of Ordinances § 4-181 Slum clearance authorized.

Sec. 4-181. - Slum clearance authorized. (a) It is hereby found and declared that the existence and occupation of dwellings and other buildings in the City of Southaven which are found and declared unfit for human habitation, use or occupancy, are inimical to the welfare and dangerous and injurious to the health, safety and morals of the people of the City of Southaven; and that a public necessity exists for the repair or elimination of such buildings. (b) Whenever the City of Southaven finds that there exist in the City of Southaven buildings which are unfit for human habitation, use or occupancy, due to dilapidation, defects increasing the hazards of fires, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such buildings unsafe and/or unsanitary, and dangerous or detrimental to the health, safety or morals, or which are otherwise inimical to the welfare of the residents of the City of Southaven, power is hereby conferred upon the governing body of the City of Southaven to exercise its police powers to remedy or eliminate the aforesaid conditions in the manner granted to the governing body pursuant to MCA 1972, § 43-35-103. (Ord. of 4-7-09, § 1, 4-7-09)

Southaven Code of Ordinances § 4-182 Administrative officers, condemnation proceedings.

Sec. 4-182. - Administrative officers, condemnation proceedings. Upon the adoption of the ordinance from which this chapter derives, finding that building conditions of the character described in MCA 1972, § 43-35-103, exist within the City of Southaven, the governing body is hereby authorized to adopt ordinances relating to the buildings within the City of Southaven which are unfit for human habitation, use or occupancy. Such ordinances shall include the following provisions: (1) That public officers shall be designated or appointed by the mayor and board of aldermen to exercise the powers prescribed by the ordinances. The public officers shall be comprised of the city fire marshall, the city planner, the city engineer, the chief building official for the City of Southaven and any other individual designated and appointed by the mayor and board of aldermen. (2) That whenever a petition is filed with the public officers by a public authority or by at least five (5) residents of the municipality, charging that any building is unfit for human habitation, use or occupancy, or whenever it appears to the public officers, on their own motion, that any building is unfit for human habitation, use or occupancy, the public officers shall, if their preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such premises a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the public officers, or their designated agents, at a place therein fixed not less than ten (10) days, nor more than thirty (30) days after the serving of said complaint; and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. (3) That if, after such notice and hearing, the public officers determine that the building under consideration is unfit for human habitation, use or occupancy, they shall state in writing their findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order requiring him, to the extent and within the time specified in the order, to repair, alter or improve the said building to render it fit for human habitation, use or occupancy or, at the option of the owner, to vacate and close the building as a human habitation, or for human use or occupancy. (4) That, if the owner fails to comply with such order within the time prescribed, the public officers may cause the building to be vacated and closed; that the public officers may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation, use or occupancy; the use or occupation of this building by humans is prohibited and unlawful." Any person who shall rent, lease or occupy, or who shall permit any person to rent, lease or occupy such building for a human habitation, use or occupancy, shall be liable for such fine as may be prescribed by the ordinances of the City of Southaven. (5) That if, after notice and hearing, the public officers determine that a building is in such condition, because of dilapidation, disrepair, structural defects, or otherwise, that it is dangerous or injurious to the health or safety of the public or the occupants of buildings or the occupants of neighboring buildings, said public officers shall issue and cause to be served upon the owner an order requiring him to repair, alter or improve the said building to the extent and within the time specified in such order, or, at the option of the owner, to remove or demolish such building; that if the owner fails to comply with such order within the time prescribed, the public officers may cause such building to be repaired, altered or improved in accordance with the order. If such repairs, alterations or improvements cannot be made at a reasonable cost in relation to the value of the building, said public officers may cause such building to be removed or demolished; the City of Southaven may fix a certain percentage of such cost in relation to the value of a building as being reasonable for such purpose; and the cost of such repairs, alterations, improvements or removal, or demolition, in addition to a penalty not to exceed twenty (20) percent of the actual costs which may be imposed by the governing authorities of the City of Southaven, shall be a lien against such real estate, and assessed and collected as a special tax. The governing authorities ordering such assessment shall fix a day for the hearing of objections to such assessment and shall cause the city clerk to give to the property owner ten (10) days' written notice, by mail, if the post office address of the owner be known, but if the post office address of the owner be unknown, notice shall be given by posting notice for at least ten (10) days in five (5) public places within the City of Southaven, of the time and place for the hearing of objections to such assessment; one (1) of such public places for posting notice as aforesaid shall be on the land which is the subject matter of such assessment. If the amount of said special tax is not paid in full within six (6) months from and after the date the assessment becomes final, the tax collector shall proceed to advertise and sell the said real estate, or a sufficient amount thereof to recover said special tax and all costs of the sale, after having given notice of the time and place of such sale as is required by law for the sale of land for delinquent ad valorem taxes. From the proceeds of said sale, the tax collector shall first pay the cost of the sale, after which the tax collector shall pay the cost of such repairs, alterations, improvement, removal or demolition and any penalty imposed by the governing authorities of the City of Southaven; and any amount remaining over shall be deposited by the tax collector with the clerk of the circuit court as hereinafter provided. If the building is removed or demolished by the public officers, they may sell the materials of such building and shall credit the proceeds of such sale against the cost of the removal or demolition; and any balance remaining shall be deposited in the circuit court by the public officers, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by the final award or judgment of such court. Nothing in this subsection shall be construed to impair or limit in any way the power of the governing authorities of the City of Southaven to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. (Ord. of 4-7-09, § 2, 4-7-09)

Southaven Code of Ordinances § 4-183 Unsafe buildings.

Sec. 4-183. - Unsafe buildings. The public officers may determine that a building is unfit for human habitation, use or occupation, if they find that conditions exist in such buildings which are dangerous or injurious to the health, safety or morals of the persons using such buildings for human habitation, use or occupation, or to the public. Such conditions may include the following, without limiting the generality of the foregoing: Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness. (Ord. of 4-7-09, § 3, 4-7-09)

Southaven Code of Ordinances § 4-184 Service of complaints.

Sec. 4-184. - Service of complaints. Complaints or orders issued by the public officers pursuant to this chapter shall be served upon persons either personally or by registered mail; but if the whereabouts of such persons is unknown, and the same cannot be ascertained by the public officers in the exercise of reasonable diligence, and the public officers shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) successive weeks in a newspaper printed and published in the municipality, or, in the absence of such a newspaper, in one (1) printed and published in the county and circulating in the municipality in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the dwelling is located, and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. The rules and evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officers. (Ord. of 4-7-09, § 4, 4-7-09)

Southaven Code of Ordinances § 4-185 Restraining order—Hearing.

Sec. 4-185. - Restraining order—Hearing. Any person affected by an order issued by the public officers may apply to the circuit court for an injunction restraining the public officers from carrying out the provisions of the order, and the court, or any judge thereof, may, upon such application, issue an order restraining the public officers pending final disposition of the cause. Hearings shall be had by the court on such applications within twenty (20) days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised, and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the public officers as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the public officers shall be entitled to recover any damages for action taken by the public officers under such order or because of noncompliance therewith. (Ord. of 4-7-09, § 5, 4-7-09)

Southaven Code of Ordinances § 4-186 Powers of administrative officers.

Sec. 4-186. - Powers of administrative officers. The public officers shall have the authority to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of sections 4-181 and 4-182 of this chapter, including the following powers, in addition to others herein granted: (1) To investigate the building conditions within the City of Southaven in order to determine which buildings therein are unfit for human habitation, use or occupation; (2) To administer oaths, affirmations, examine witnesses and receive evidence; (3) To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (4) To appoint and fix the duties of such officers, agents and employees, as the public officers deem necessary to carry out the purposes of the ordinance; and (5) To delegate any of their functions and powers under this chapter to such public officers and agents as the public officers may designate. (Ord. of 4-7-09, § 6, 4-7-09)

Southaven Code of Ordinances § 4-187 Estimate of costs.

Sec. 4-187. - Estimate of costs. The governing body of the City of Southaven shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in the City of Southaven for the purpose of determining the fitness of such buildings for human habitation, use or occupancy, and for the enforcement and administration of this chapter; and any such municipality is authorized to make such appropriations from its revenues as it may deem necessary for this purpose, and may accept and apply grants or donations to assist it in carrying out the provisions of such ordinances. (Ord. of 4-7-09, § 7, 4-7-09)

Southaven Code of Ordinances § 4-188 Construction of law.

Sec. 4-188. - Construction of law. Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of any city to enforce any provisions of its Charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by the ordinance from which this chapter derives, shall be in addition and supplemental to the powers conferred by any other law. (Ord. of 4-7-09, § 8, 4-7-09)

Southaven Code of Ordinances § 4-189 Penalties.

Sec. 4-189. - Penalties. Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions or provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000.00) or imprisonment not exceeding ninety (90) days, or both. Each day a person, firm or corporation is in violation of the terms, conditions or provisions of this chapter shall constitute a separate offense. (Ord. of 4-7-09, § 8, 4-7-09)

Source: City of Southaven, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/southaven/codes/code_of_ordinances?nodeId=CO_TITIVBUBURE_CH4SLCLFetched: 11/1/2026