It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Shrewsbury, Missouri.
[CC 1976 §205.040(A); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
A. The following
conditions of buildings and structures have been determined to be
detrimental to the health, safety, and welfare of the residents of
the City of Shrewsbury and therefore constitute a nuisance:
1. Those
whose interior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity of any such wall or vertical structural member falls
outside of the middle third of its base.
2. Those
which, exclusive of the foundation, show thirty-three percent (33%)
or more, of damage or deterioration of the supporting member or members,
or fifty percent (50%) of damage or deterioration of the non-supporting
enclosing or outside walls or covering.
3. Those
which have improperly distributed loads upon the floors, roofs, or
other horizontal structural members, or in which the same are overloaded,
or which have insufficient strength or deflections to be reasonably
safe for the purpose used or intended to be used.
4. Those
which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety, or the general health and welfare
of the occupants or the people of the City.
5. Those
which are uninhabited and are open at door, window, wall or roof.
6. Those
under construction upon which no substantial work shall have been
performed for ninety (90) days.
7. Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall be issued to complete the demolition thereof under Section
550.060 of this Chapter.
8. Those
containing therein substantial accumulations of trash, garbage or
other materials susceptible to fire, or constituting or providing
a harboring place for vermin or other obnoxious animals or insects
or in any way threatening the health of the occupants thereof or the
health of persons in the vicinity thereof.
9. Those
having inadequate facilities for egress in case of fire or panic.
10. Those
which have parts thereof which are so attached or deteriorated that
they may fall upon public ways or upon the property of others or may
injure members of the public or the occupants thereof.
11. Those
buildings built in violation of any safety provision of the Building
Code, Electrical Code, Plumbing Code, Mechanical Code, Minimum Housing
Standards Code, or the Fire Prevention Code of the City, or used in
violation thereof.
All dangerous buildings or structures, as defined by Section
550.020 of this Chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[CC 1976 §205.040(B); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
A. The following
standards shall be followed in substance by the Building Commissioner
and the Board of Aldermen in ordering repair, vacation or demolition:
1. In any
case where the conditions constituting the public nuisance are such
that the cost to repair the building or structure so that it will
no longer constitute a public nuisance is less than fifty percent
(50%) of the value of the building or structure, it shall be ordered
repaired, and in the event it is not repaired by the owner, then the
City shall abate the nuisance by performing the necessary repairs.
2. In any
case where the conditions constituting the public nuisance are such
that the cost to repair the building or structure so that it will
no longer constitute a public nuisance equal or exceed fifty percent
(50%) of the value of the building or structure, it shall be ordered
demolished, and in the event it is not demolished by the owner, then
the City shall abate the nuisance by demolition.
3. If the
dangerous building is in such condition as to make it dangerous to
the health, safety, or welfare of its occupants, it shall be ordered
to be vacated pending abatement of the nuisance.
4. Any building or structure constituting a public nuisance because of the conditions described in Subparagraph (6) of Section
550.020 of this Chapter shall be ordered to be completed in accordance with lawful plans and specifications, and if it shall not be so completed by the owner, then the City shall abate the nuisance by demolition.
5. Any building or structure found to be a public nuisance because of the conditions described in Subparagraph (7) of Section
550.020 of this Chapter shall be ordered demolished.
The Building Inspector/Housing Inspector shall be appointed
by the Mayor with the approval of the Board of Aldermen.
The Building Commissioner shall be appointed by the Mayor with
approval of the Board of Aldermen.
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building as shown by the land records
of the Recorder of Deeds of St. Louis County, may, within thirty (30)
days from the receipt of the order of the Building Commissioner, appeal
such decision to the Circuit Court of St. Louis County, pursuant to
the procedure established in Chapter 536, RSMo.
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section
550.080, Subsection (5) or Section
550.090.
The owner, occupant or lessee in possession of any dangerous
building who shall fail to comply with the order to repair, vacate
or demolish said building given by the Building Commissioner or who
shall fail to proceed continuously without unnecessary delay; and
any person removing any notices provided for in this Chapter; and
any person violating any other provisions of this Chapter shall be
guilty of a misdemeanor and upon conviction thereof, shall be fined
not more than five hundred dollars ($500.00). Each day that a person
fails to comply with an order of the Building Commissioner may be
deemed a separate offense.
[CC 1976 §205.040(N); Ord. No. 1815 §1, 11-13-1990; Ord. No. 1816 §1, 12-11-1990]
No officer, agent or employee of the City of Shrewsbury 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 Section. Any suit brought
against any such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
until the final determination of the proceedings; and if judgment
shall be obtained, it shall be paid by the City of Shrewsbury. It
is hereby further declared that no officer, agent or employee of the
City of Shrewsbury owes any other duty under the provisions of this
Section 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 the government of said City.