Platte City, MO
Platte County
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Table of Contents
Table of Contents

Section 505.010 Title.

[CC 1992 §505.010; Ord. No. 522 §1, 8-14-1990]
The provisions of this Chapter shall be collectively known as "The Platte City Code For the Mandatory Repair, Maintenance, Vacation and Demolition of Buildings and Structures".

Section 505.020 Scope.

[CC 1992 §505.020; Ord. No. 522 §1, 8-14-1990]
The provisions of this Chapter shall apply to all buildings, both residential and non-residential, mobile homes or portions thereof used or designed or intended to be used, for human habitation or human occupancy. This Chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings or mobile homes and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, mobile home, equipment or facilities contained therein.

Section 505.030 Enforcement.

[CC 1992 §505.030; Ord. No. 522 §1, 8-14-1990]
The Building Inspector is hereby authorized and directed to administer and enforce all of the provisions of this Chapter.

Section 505.040 Dangerous Buildings — Declared Nuisances.

[CC 1992 §505.040; Ord. No. 522 §1, 8-14-1990]
All buildings or portions thereof which are determined after inspection by the Building Inspector to be dangerous as defined in this Chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.

Section 505.050 Definition of Dangerous Building.

[CC 1992 §505.050; Ord. No. 522 §1, 8-14-1990]
A. 
For the purposes of this Chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a "dangerous building"; provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:
1. 
Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2. 
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
3. 
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
4. 
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.
5. 
Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged or to collapse and thereby injure persons or damage property.
6. 
Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (½) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.
7. 
Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquakes than is required in the case of similar new construction.
8. 
Whenever the building or structure or any portion thereof, because of:
a. 
Dilapidation, deterioration or decay;
b. 
Faulty construction;
c. 
The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
d. 
The deterioration, decay or inadequacy of its foundation; or
e. 
Any other cause if likely to partially or completely collapse.
9. 
Whenever, for any reason, the building or structure or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
10. 
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (⅓) of the base.
11. 
Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
12. 
Whenever the building or structure is infested with insects, vermin or rodents.
13. 
Whenever any building or structure shall have faulty weather protection, which shall include open:
a. 
Deteriorated, crumbling or loose plaster;
b. 
Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;
c. 
Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective coverings; or
d. 
Broken, rotted, split or buckled exterior wall coverings or roof coverings.
14. 
Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise, is determined by the Building Inspector to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.
15. 
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause is determined by the Building Inspector to be a fire hazard.
16. 
Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
17. 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

Section 505.060 Notice of Compliance.

[CC 1992 §505.060]
Whenever the Building Inspector has inspected or caused to be inspected any building or mobile home and has found and determined that such building or mobile home is in violation of this Chapter, the Building Inspector shall issue a notice directed to all owners, occupants, lessees, mortgagees, agents and all other persons having an interest in the building or structure as shown by the records of the Recorder of Deeds of Platte County, Missouri. Said notice shall include a statement that the Building Inspector has found the building or mobile home to be in violation of this Chapter; a brief and concise factual description of the conditions found to render the building or mobile home in violation of this Chapter; an order that the property be either vacated, reconditioned or removed; and a specified date for commencement of vacation, reconditioning or removal which provides a reasonable time for that action after receipt of the notice. This notice may be served either by personal service or by certified mail, return receipt requested, but if service cannot be had by either of those methods of service, then service may be had by publication. A copy of the notice shall also be posted upon the property alleged to be in violation of this Chapter in a place open to public view.

Section 505.070 Notice of Hearing.

[CC 1992 §505.070]
If the parties should fail to commence the work of reconditioning or demolition within the time specified in the notice authorized in this Chapter or if the parties should fail to proceed continuously with the work without unnecessary delay, the Building Inspector may issue a second (2nd) notice directed to all owners, occupants, lessees, mortgagees, agents and all other persons having an interest in the building or structure as shown by the records of the Recorder of Deeds of Platte County, Missouri. Said notice shall contain the street address of the premises upon which the building or mobile home is located; a statement that the Building Inspector has found the building or mobile home to be in violation of this Chapter; a brief and concise factual description of the conditions found to render the building or mobile home in violation of this Chapter; a statement that a previous notice was issued in accordance with the provisions of this Chapter; a statement that the parties have failed to comply with the order set forth in said notice; and a date that a hearing shall be had before the Mayor and Board of Aldermen as to whether the building or mobile home is in violation of this Chapter. Service of the notice shall be made upon all persons entitled thereto by either personal service or by certified mail, return receipt requested, but if service cannot be had by either of these modes of service then service may be had by publication. Proof of service of the notice shall be certified to at the time of service by written declaration executed by the person affecting service, under penalty of perjury, declaring the time, date and manner in which service is made. The declaration, together with any proof of constructive service, shall be affixed to the copy of the notice and retained by the Building Inspector. A copy of the notice shall also be posted upon the property alleged to be in violation of this Chapter in a place open to public view.

Section 505.080 Decision.

[CC 1992 §505.080]
A. 
At the conclusion of all the evidence, the Mayor and Board of Aldermen shall determine by a majority vote as to whether the building is in violation of this Chapter. If the evidence supports the finding that the building is a nuisance and is detrimental to the health, safety and welfare of the residents of the City of Platte City, the Mayor and Board of Aldermen shall then issue an order that the building be demolished and removed or repaired. The order shall include specific findings of fact, based upon competent and substantial evidence, which show the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City of Platte City, Missouri. A copy of the order shall be mailed or served upon all parties that previously receive notice of hearing.
B. 
If the evidence does not support a finding that the building or structure is a nuisance and detrimental to the health, safety and welfare of the residents of the City of Platte City, the Mayor and Board of Aldermen shall issue an order setting forth specific findings of fact, based upon competent and substantial evidence, that no such nuisance exists. A copy of the order shall be mailed or served upon all parties that previously receive notice of hearing.

Section 505.090 Time and Compliance.

[CC 1992 §505.090; Ord. No. 522 §1, 8-14-1990]
The order of the Mayor and Board of Aldermen directing that the building or mobile home be repaired, vacated or demolished, must be complied with within thirty (30) days after the mailing or service of the order.

Section 505.100 Repair or Demolition By City.

[CC 1992 §505.100; Ord. No. 522 §1, 8-14-1990]
If the property owners or other parties shall fail to comply with the order of the Board of Aldermen within thirty (30) days after the mailing or service of the order, the Building Inspector may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building in violation of this Chapter as set forth in the order of the Mayor or Board of Aldermen; or, if the order requires demolition, the Building Inspector may cause the building to be demolished, and materials, rubble and debris therefrom removed and the lot cleaned. The cost of performing the repair or demolition work shall be certified to the City Clerk who shall prepare a special tax bill against the property, which shall be forwarded to the City Collector. The tax bill from date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Unless casualty insurance proceeds are available to pay the costs of the repair or demolition work, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years.

Section 505.110 Extension of Time.

[CC 1992 §505.110; Ord. No. 522 §1, 8-14-1990]
Upon receipt of an application from any person required to conform to an order of the Mayor and Board of Aldermen and an agreement by such person that he/she will comply with the order if allowed additional time, the Mayor and Board of Aldermen may, in their discretion, grant an extension of time within which to complete said repair, vacation or demolition.

Section 505.115 Insurance Proceeds — How Handled.

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 Section 505.100. If the City has proceeded under the provisions of Section 505.100, all monies in excess of that necessary to comply with the provisions of Section 505.100 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.

Section 505.120 Appeal.

[CC 1992 §505.120; Ord. No. 522 §1, 8-14-1990]
Any interested parties wishing to appeal an order entered by the Mayor and Board of Aldermen may appeal said decision to the Circuit Court of Platte County, Missouri, in the manner provided by law.

Section 505.130 Remedies.

[CC 1992 §505.130; Ord. No. 522 §1, 8-14-1990]
In addition to the aforesaid remedies, any remedy of law or in equity is specifically reserved by the City. The City may proceed by direct injunctive relief or by prosecution in the Municipal Court without complying with the notice and hearing requirements set forth in this Chapter.