[CC 1988 §49.010]
A.
All buildings
or structures which have any or all of the following defects shall
be deemed "dangerous buildings":
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 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 or roofs,
or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those
which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety or the health and welfare of the
occupants of the City of Lake Saint Louis, Missouri.
5.
Those
which have become or are so dilapidated, decayed, unsafe, unsanitary
or which 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, morals,
safety or general welfare of those living therein.
6.
Those
having light, air and sanitation facilities which are inadequate to
protect the health, morals, 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
means of communication.
8.
Those
which have parts thereof which are so attached that they may fall
and injure property or members of the public or property.
9.
Those
which are so vermin, rodent, insect, termite or other pest infested
as to be dangerous to the health, morals and safety or general welfare
of the people of this City.
10.
Those
buildings the foundations of which do not support the main support
structures of the buildings so that the buildings are subject to collapse.
11.
Those
buildings the steps, stairs, porches and appurtenances of which are
incapable of supporting the load for which they were designed or to
which they may reasonably and foreseeably be subjected.
12.
Those
buildings which are uninhabited and which are open at door, window,
wall or roof.
13.
Those buildings in the process of demolition upon which no substantial work has been performed for a period of thirty (30) days immediately next prior to the time a notice under provisions of Section 505.070 shall issue to complete the demolition thereof.
14.
Those buildings under construction upon which no substantial work has been performed for a period of ninety (90) days immediately next prior to the time a notice under provision of Section 505.070 shall issue to complete the construction thereof, and which by reason of such non-completion constitute or are reasonably likely to constitute a fire hazard or an attraction to vandals or children, or are, or are reasonably likely to become, used for illegal or immoral purposes, or are, or are likely to become, unkempt and untidy or slovenly in appearance and to depress property values in the neighborhood.
15.
Those
buildings, walls or structures existing in violation of any provision
of the Building Code of the City of Lake Saint Louis, Missouri, or
other ordinance of the City of Lake Saint Louis, Missouri.
[CC 1988 §49.020]
All "dangerous buildings" as defined in Section 505.010 of this Chapter are hereby declared to be public nuisances and shall be vacated and demolished and removed or secured and repaired as herein provided.
[CC 1988 §49.030]
A.
The following
standards shall be followed in substance by the Building Inspector
and the City Development Administrator in ordering the vacation and
demolition and removal or repairing.
1.
If the
dangerous building can reasonably be repaired, reconditioned, secured
or remodeled so that it will no longer exist in violation of the terms
of this Chapter, it shall be ordered repaired, reconditioned, secured
or remodeled.
2.
If the
dangerous building is in such condition as to make it dangerous to
the health, morals, safety or general welfare of its occupants, it
shall be ordered to be vacated and repaired, secured or demolished.
3.
In any
case where a dangerous building is fifty percent (50%) damaged or
decayed or deteriorated from its original value or structure, it shall
be demolished; and in all cases where a building cannot be repaired,
reconditioned, secured or remodeled so that it will no longer exist
in violation of the terms and provisions 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 the ordinances of the City of Lake Saint
Louis, Missouri, or Statutes of the State of Missouri, it shall be
demolished.
[CC 1988 §49.040]
A.
The Building
Inspector shall have and perform the following duties:
1.
Inspect, or cause to be inspected, as often as necessary, all residential, institutional, assembly, commercial, industrial, church, theater, school, hotel, motel, garage, tenement, restaurant, special or miscellaneous occupancy or loft buildings for the purpose of determining whether any conditions exist which render such a place a dangerous building as defined in Section 505.010 of this Chapter.
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 the terms and provisions of this Chapter.
3.
Inspect
any building, wall or structure reported, as hereinafter provided,
by the City Development Administrator or Police Department of the
City of Lake Saint Louis, Missouri, as probably existing in violation
of the terms and provisions of this Chapter.
4.
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building or structure, as shown by the land records of the Recorder of Deeds of St. Charles County, Missouri, of any building found by the Building Inspector to be a dangerous building within the definitions set forth in Section 505.010 of this Chapter that:
a.
The
owner must demolish and remove, secure or repair said building or
structure in accordance with the terms of the notice;
b.
The
occupant or lessee must vacate said building or structure or may take
corrective measures in accordance with the notice and remain in possession;
c.
The
mortgagee, agent or other person having an interest in the building
or structure, as shown by the land records of the Recorder of Deeds
of St. Charles County, Missouri, may at his/her own risk demolish
and remove or repair said building or structure or have such work
or act done; provided, that any person notified under this Subsection
to so repair, vacate and demolish and remove or repair any building
or structure shall be given at least thirty (30) days from the date
set out in the notice for such vacation, demolition and removal or
repair of said dangerous building to begin.
5.
Set forth in the notice provided for in Subsection (4) of this Section a description of the building or structure so found to be a dangerous building together with a statement of the particulars which make the building or structure a dangerous building as defined by Section 505.010 of this Chapter and detrimental to the health, safety or welfare of the residents of the City of Lake Saint Louis, Missouri, and an order requiring the demolition and removal, securing or repair of said dangerous building, when begun, and shall proceed continuously and without unnecessary delay.
7.
If the Building Inspector shall complete the inspection of the building or structure and determine that it is a dangerous building as defined in Section 505.010 of this Chapter, he/she shall place a notice on such building or structure found by him/her to be a dangerous building reading as follows:
"This building has been found to be a dangerous building by
the Building Inspector of the City of Lake Saint Louis, Missouri.
This notice is to remain on this building until it is vacated and
demolished and removed or secured and repaired in accordance with
the notice which has been given to 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 St. Charles County, Missouri. It is unlawful to remove, deface
or mutilate this notice until such notice is complied with."
Provided however, that the posting of said notice shall not
be construed as to deprive any person entitled thereto by this Chapter
of notice and hearing as prescribed by this Chapter.
8.
Appear
at all hearings conducted by the City Development Administrator and
the Board of Adjustment and testify as to the condition of said building
or structure so found by him/her to be a dangerous building.
[CC 1988 §49.050]
A.
The City
Development Administrator of the City of Lake Saint Louis, Missouri,
shall:
1.
Supervise
all building inspections required by this Chapter and cause the Building
Inspector to make inspections and perform all the duties as required
by this Chapter.
2.
Upon
receipt of the report of the Building Inspector, and if the owner,
occupant, mortgagee or lessee fails to comply with the order or extension
thereof, provided for in this Chapter, within the time specified in
the order or extension thereof, the City Development Administrator
shall call and have a full and adequate hearing upon the matter giving
affected parties at least twenty-one (21) days' written notice of
the hearing. Any party may be represented by counsel, and all parties
shall have an opportunity to be heard.
a.
After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the City Development Administrator shall issue an order, making specific findings of fact, based upon competent and substantial evidence, which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City as defined in Section 505.010 of this Chapter and ordering the building or structure to be demolished and removed or repaired and secured.
b.
Under the standards provided for in Section 505.030 of this Chapter, the City Development Administrator shall certify the charge for such demolition and removal or repair to the City Collector of the City of Lake Saint Louis, Missouri, as a special assessment represented by a special tax bill against the land upon which said dangerous building existed or is located. The charge for the abatement of the dangerous building shall include the actual cost of demolition and removal or repair and a reasonable charge for administering the provisions of this Chapter, said fee shall be determined by the Board of Aldermen.
c.
The
tax bill shall be a lien upon the land upon which said dangerous building
existed or is located and may be assigned and shall be collected and
enforced as special tax bills. At the request of the taxpayer, the
tax bill may be paid in installments over a period of not more than
ten (10) years. The tax bill from the date of its issuance shall be
a lien on the land upon which said dangerous building existed.
3.
If a
taxpayer elects to pay over a ten (10) year period, he/she shall pay
interest at a rate of eight percent (8%) per annum.
[CC 1988 §49.060]
In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person unless a dangerous building as defined by Section 505.010 of this Chapter is immediately vacated and demolished and removed or repaired or secured, the Building Inspector shall report such facts to the City Development Administrator and the City Development Administrator shall cause the immediate vacation and demolition and removal or repair of such dangerous building. The costs of such emergency repair, demolition, securing or removal of such dangerous building shall be collected in the same manner as provided in Section 505.050(2) of this Chapter.
[CC 1988 §49.070]
The notices provided for in Sections 505.040(4) and (7) of this
Chapter and Section 505.050(2) of this Chapter may be served by personal
service upon the owner, occupant, lessee, mortgagee, agent and all
other persons having an interest in the dangerous building as shown
by the land records of the Recorder of Deeds of St. Charles County,
Missouri. Said notices may also be served upon the owner, occupant,
lessee, mortgagee, agent and all other persons having an interest
in said dangerous building as shown by the land records of the Recorder
of Deeds of St. Charles County, Missouri, by certified mail, return
receipt requested, directed to the last known address of each; provided,
that if service of said notices cannot be had either by personal service
or certified mail return receipt requested, then and in either of
these events service of said notices may be had by posting such notice
publication of such notices in an official newspaper of general circulation
in the City of Lake Saint Louis, Missouri, once a week for three (3)
consecutive weeks, the first (1st) publication to be at least twenty-one
(21) days before the date of any hearing which may be set out in the
notice.
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 City Development Administrator
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 an ordinance violation 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 City Development Administrator
may be deemed a separate offense.
[CC 1988 §49.090]
Any person removing, defacing or mutilating the notice placed
on a dangerous building as provided in Section 505.040(7) of this
Chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not exceeding five hundred dollars ($500.00)
for each offense.
[CC 1988 §49.100]
A.
Appeals
to the Board of Adjustment concerning the interpretation or administration
of this Chapter may be taken by any aggrieved person, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons, any administrative body, office or agency or commission
of Lake Saint Louis affected by any decision of the City Development
Administrator in accordance with the procedures and requirements herein.
1.
Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days from the date of the order of the City Development Administrator appealed from, and service of notice of same as provided in Section 505.070.
2.
The
City Attorney shall be present at all hearings and shall represent
the position of the City Development Administrator. The appellant
may be represented by counsel.
4.
An appeal
stays all proceedings in furtherance of the action appealed from.
5.
The
Board of Adjustment shall hear the appeal at its next regular meeting
after filing of notice of appeal. The Board of Adjustment shall render
its decision in writing within ten (10) days of the conclusion of
the hearing after which appeals may be taken to the Circuit Court
as provided by Chapter 536, RSMo. Notice of the decision of the Board
of Adjustment shall be given by ordinary mail to both the appellant
at the address given in the notice of appeal and the City Development
Administrator at the City Hall, Lake Saint Louis, Missouri.
6.
The
Board of Adjustment may affirm or reverse, wholly or partly, or modify
the order, requirement, decision or determination as ought to be made
and to that end shall have all the powers of the City Development
Administrator. The concurring vote of four (4) members of the Board
of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of the City Development Administrator.
[CC 1988 §49.110]
Whenever there is insufficient evidence of compliance with the
provisions of this Chapter or evidence that any material or any construction
does not conform to the requirements of this Chapter, or in order
to substitute claims for alternate materials or methods of construction,
the City Development Administrator may require tests as proof of compliance
to be made at the expense of the owner or his/her agent.
[CC 1988 §49.120]
Test methods shall be as specified by this Chapter for the material
in question. If there are no appropriate test methods specified in
this Chapter, the City Development Administrator shall determine the
test procedure to be used. Copies of the results of all such tests
shall be retained by the City Development Administrator for a period
of not less than two (2) years after the making thereof.
[CC 1988 §49.130]
A.
The prosecuting
attorney shall:
1.
Prosecute
all persons failing to comply with the terms of the notices provided
for in Sections 505.040(4) and (7) of this Chapter and Section 505.050(2)
of this Chapter and the order provided for in Section 505.050(2) of
this Chapter.
2.
Bring
suit to collect all municipal liens, assessments or costs incurred
by the City Development Administrator in doing or causing to be done
repairing, demolishing and removing dangerous buildings.
3.
Take
such other legal action as is necessary to carry out the terms and
provisions of this Chapter.
[CC 1988 §49.140]
The Chief of the Police Department of the City of Lake Saint Louis, Missouri, shall make a report in writing to the City Development Administrator of any buildings or structures which are or may be or are suspected to be dangerous buildings as defined in Section 505.010 of this Chapter. Such reports must be delivered to the City Development Administrator within twenty-four (24) hours of the discovery of such buildings by any employee of the said Police Department.
[CC 1988 §49.150]
No officer, elected official, agent or employee of the City
of Lake Saint Louis, Missouri, shall render himself/herself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of duties
under this Chapter. Any suit brought against any officer, agent or
employee of the City of Lake Saint Louis, Missouri, as a result of
any act required or permitted in the discharge of his/her duties under
this Chapter shall be defended at the City's expense until the final
determination of the proceedings therein.
[CC 1988 §49.160]
The provisions of this Chapter shall govern in the City of Lake
Saint Louis, Missouri, except as such matters are otherwise provided
in the Statutes of the State of Missouri.
A.
If there
are proceeds of any insurance policy based upon a 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 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:
1.
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 this Chapter.
2.
The City shall release the proceeds and any interest that has accrued on such proceeds received under subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (2) of Section 505.050. If the City has proceeded under the provisions of Subsection (2) of Section 505.050, all monies in excess of that necessary to comply with the provisions of Subsection (2) of Section 505.050 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.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
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.
E.
The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) 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 (A) 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 for in this Subsection.
