[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".
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[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.
