[Ord. No. 1255 §1, 6-10-2003]
The purpose is 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 shall
apply to all dangerous buildings, as herein defined, that now are
in existence or that may hereafter exist in Branson West, Missouri.
[Ord. No. 1255 §1(5-11), 6-10-2003]
A.
All buildings
that are detrimental to the health, safety or welfare of the residents
of Branson West and that have any or all of the following defects
shall be deemed "dangerous buildings":
1.
Those
with interior walls or other vertical structural members that list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
2.
Those
that, exclusive of the foundation, show thirty-three percent (33%)
or more damage or deterioration of the supporting member or members
or fifty percent (50%) damage or deterioration of the non-supporting,
enclosing or outside walls or covering.
3.
Those
that have improperly distributed loads upon the floors or roofs or
in which the same are overloaded or that have insufficient strength
to be reasonably safe for the purpose used.
4.
Those
that have been damaged by fire, wind or other causes so as to become
dangerous to life, safety or the general health and welfare of the
occupants or the people of the City.
5.
Those
that are so dilapidated, decayed, unsafe, unsanitary or that so utterly
fail to provide the amenities essential to decent living that they
are unfit for human habitation, or are likely to cause sickness or
disease, so as to work injury to the health, safety or welfare of
those occupying such building.
6.
Those
having light, air and sanitation facilities that are inadequate to
protect the health, safety or general welfare of human beings who
live or may live therein.
7.
Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, elevators, fire escapes or other
adequate means of evacuation.
8.
Those
that have parts thereof that are so attached that they may fall and
injure members of the public or property.
9.
Those
that because of their condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
[Ord. No. 1255 §1(5-12), 6-10-2003]
All dangerous buildings, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 1255 §1(5-13), 6-10-2003]
A.
The following
standards shall be followed in substance by the Building Inspector
in ordering repair, vacation or demolition of any dangerous building.
1.
If the
dangerous building reasonably can be repaired so that it no longer
will exist in violation of the terms of this Chapter, it shall be
ordered repaired.
2.
If the
dangerous building is in such condition as to make it dangerous to
the health, safety or general welfare of its occupants, it shall be
ordered to be vacated and repaired.
3.
In all
cases where a building cannot be repaired so that it no longer will
exist in violation of the terms of this Chapter, it shall be demolished.
4.
In all
cases where a dangerous building is a fire hazard existing or erected
in violation of the terms of this Chapter or any ordinance of this
City or Statute of the State of Missouri, it shall be repaired or
demolished.
[Ord. No. 1255 §1(5-14), 6-10-2003]
The Building Inspector, all Police Officers and all other City
employees so designated by the Mayor or Administrator may act as Building
Inspectors within the meaning of this Chapter.
[Ord. No. 1255 §1(5-15), 6-10-2003]
A.
The Building
Inspector shall have the duty under this Chapter to:
1.
Inspect,
or cause to be inspected, as often as may be necessary, all residential,
institutional, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings for the purpose of determining whether
any conditions exist that render such places a dangerous building
when he/she has reasonable grounds to believe that any such building
is dangerous.
2.
Inspect
any building, wall or structure about which complaints are filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of this Chapter and the Building Inspector
determines that there are reasonable grounds to believe that such
building is dangerous.
3.
Inspect
any building, wall or structure reported by the Police Department
of this City or any fire district of this County as probably existing
in violation of this Chapter.
4.
Notify in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Stone County, of any building found by him/her to be a dangerous building within the standards set forth in Section 505.020.
The notice required shall state that:
a.
The
owner must vacate, vacate and repair or vacate and demolish said building
and clean up the lot or property on which the building is located
in accordance with the terms of the notice and this Chapter.
b.
The
occupant or lessee must vacate said building or have it repaired in
accordance with the notice and remain in possession.
c.
The
mortgagee, agent or other persons having an interest in said building
as shown by the land records of the Recorder of Deeds of Stone County
may, at his/her own risk, repair, vacate or demolish the building
and clean up the property or have such work done, provided that any
person notified under this Subsection to repair, vacate or demolish
any building or clean up the property shall be given such reasonable
time not exceeding thirty (30) days to commence the required work.
5.
The
notice provided for in this Section shall state a description of the
building or structure deemed dangerous, a statement of the particulars
that make the building or structure a dangerous building and an order
requiring the designated work to be commenced within the time provided
for in the above Subsection.
6.
Report
in writing to the Building Commissioner the non-compliance with any
notice to vacate, repair, demolish, clean up the property or upon
the failure to proceed continuously with the work without unnecessary
delay.
7.
Appear
at all hearings conducted by the Building Commissioner and testify
as to the condition of dangerous buildings.
8.
Immediately
report to the Building Commissioner concerning any building found
by him/her to be inherently dangerous and that he/she determined to
be a nuisance per se. The Building Commissioner may direct that such
building be marked or posted with a written notice reading substantially
as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that has been
given the owner, occupant, lessee, mortgagee or agent of this building
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of Stone County. It is
unlawful to remove this notice until such notice is complied with."
Provided however, that the order by the Building Commissioner
and the posting of said notice shall not be construed to deprive all
persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.
[Ord. No. 1255 §1(5-16), 6-10-2003]
The Administrator, or in his/her absence the Mayor, shall act
as Building Commissioner under this Chapter.
[Ord. No. 1255 §1(5-17), 6-10-2003]
A.
The Building
Commissioner shall have the power pursuant to this Chapter to:
1.
Supervise
all inspections required by this Chapter and cause the Building Inspector
to make inspections and perform all the duties required of him/her
by this Chapter. Upon receiving a complaint or report from any source
that a dangerous building exists in the City, the Building Commissioner
shall cause an inspection to be made forthwith. If the Building Commissioner
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, the Building Commissioner may request an inspection
and report be made by any other City department or retain services
of an expert whenever the Building Commissioner deems such service
necessary.
2.
Upon
receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other persons
having interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without unnecessary delay, the Building
Commissioner shall hold a hearing giving the affected parties full
and adequate hearing on the matter.
Written notice, either by personal service or by certified mail,
return receipt requested, or by publication for two (2) successive
weeks in a newspaper qualified to publish legal notices, at least
ten (10) days in advance of a hearing date, to the owner, occupant,
mortgagee, lessee, agent and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of the County wherein the land is located, to appear before the Building
Commissioner on the date specified in the notice to show cause why
the building or structure reported to be a dangerous building should
not be repaired, vacated or demolished in accordance with the statement
of particulars set forth in the Building Inspector's notice as provided
herein.
Any party may be represented by counsel and all parties shall
have an opportunity to be heard.
3.
Make written findings of fact from evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section 505.020.
4.
If the
evidence supports a finding based upon competent and substantial evidence
that the building or structure is a dangerous building, the Building
Commissioner shall issue an order based upon his/her findings of fact
commanding the owner, occupant, mortgagee, lessee, agent or other
persons having an interest in said building as shown by the land records
of Stone County to repair, vacate or demolish any building found to
be a dangerous building and to clean up the property, provided that
any person so notified shall have the privilege of either repairing
or vacating and repairing said building, if such repair will comply
with the ordinances of Branson West or the owner or any person having
an interest in said building as shown by the land records of Stone
County may vacate and demolish said dangerous building at his/her
own risk to prevent the acquiring by Branson West of the lien against
the land where the dangerous building stands. If the evidence does
not support finding that a building or structure is a dangerous building,
no order shall be issued.
5.
If the
owner, occupant, mortgagee or lessee fails to comply with the order
within thirty (30) days, the Building Commissioner shall cause such
building or structure to be repaired, vacated or demolished and the
property cleaned up as the facts may warrant; and the Building Commissioner
shall certify the cost of the work borne by the City of Branson West
for such repair, vacation or demolition or cleaned up to the City
Clerk as a special assessment represented by a special tax bill against
the real property affected, said tax bill shall be a lien upon said
property and shall be deemed a personal debt against the property
owners unless the building or structure is demolished, secured or
repaired by a contractor pursuant to an order issued by the City and
such contractor files a mechanic's lien against the property where
the dangerous building is located. The contractor may enforce this
lien as provided in Sections 429.010 to 429.360, RSMo.
6.
As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in Subsection (5) of this Section, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. If there are proceeds of any insurance policy based upon covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in Subdivisions (a) and (b) of this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:
a.
The
insurer shall withhold from the covered claim payment up to twenty-five
percent (25%) of the covered claim payment and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under the ordinance.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (a) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (5) of this Section. If the City has proceeded under the provisions of Subsection (5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (5) of this Section for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
7.
The
tax bill from date of its issuance shall be a lien on the property
and a personal debt against the property owners until paid.
8.
Subsection (6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Subsection (6) of this Section does not make the City a party to any insurance contract and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
10.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection (6) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (6) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.
[Ord. No. 1255 §1(5-18), 6-10-2003]
Any owner, occupant, lessee, mortgagee, agent or any other persons
having an interest in a dangerous building as shown by the land records
of the Recorder of Deeds of the County wherein the land is located
may, within thirty (30) days from the receipt of the order of the
Building Commissioner, appeal such decision to the Circuit Court of
Stone County pursuant to the procedure established in Chapter 536,
RSMo.
[Ord. No. 1255 §1(5-19), 6-10-2003]
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 and cleanup of the property. The costs of such emergency
repair, vacation or demolition of such dangerous building shall be
collected in the same manner as provided in Section 505.080(5).
[Ord. No. 1255 §1(5-20), 6-10-2003]
A.
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 shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 100.160 of this Code.
