[Ord. No. 39-2021, 10-26-2021]
A. "Dangerous buildings" are defined as any building, including, but
not limited to, homes, residences, multi-family or apartment buildings,
sheds and outbuildings of any type or nature, whether owned by individuals
or a business entity, which fall into one (1) or more of the following
categories:
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 the 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 general health
and welfare of the occupants or the people of the City of Eldon, Missouri.
5.
Those which 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, safety
or general welfare of those occupying such buildings.
6.
Those having light, air and sanitation facilities which 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 means of evacuation.
8.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
9.
Those which because of their condition are unsafe, unsanitary,
or dangerous to the health, safety, or general welfare of the people
of this City.
10.
Those buildings existing in violation of any provisions of the
building ordinance, the fire prevention ordinance, or other ordinances
of this City.
11.
Those buildings which are uninhabited and are open at any place,
including doors, windows, walls, or roof.
12.
A "condemned" structure is defined as a home, residence, shed or outbuilding on real property that is deemed unsafe pursuant to Section
505.010 of Chapter
505 of the Eldon Municipal Code of Ordinances relating to the structural safety of a structure.
13.
An "uninhabitable" structure is that of a structure that is
unsafe living conditions due to rental property for vermin, trash,
filth or unsanitary living conditions, rodent, or insect infestation,
not have public utilities such as water and electric services or any
condition violating healthy living conditions.
[Ord. No. 39-2021, 10-26-2021]
It shall be unlawful for any person to cause, harbor, commit
or maintain, or suffer to be caused, harbored, committed, or maintained,
any nuisances as defined by the Statutes or common law of this State
or as defined by ordinance of the City of Eldon at any place within
the City of Eldon.
[Ord. No. 39-2021, 10-26-2021]
All "dangerous buildings" within the terms of Section
505.010 are hereby declared to be public nuisances and shall be repaired, vacated, and repaired or vacated and demolished as hereinbefore and hereinafter provided.
[Ord. No. 39-2021, 10-26-2021]
A. Upon being satisfied that a nuisance or dangerous building exists
in accordance with the terms of this Article, the City Code Enforcement
Officer or other authorized City employee shall enforce this Article.
He/she may, however, report the existence of the nuisance or nuisances
to the Chief of Police, Marshal or the Board of Aldermen for assistance
and instructions if, in his/her judgment, he/she deems that assistance
and instructions are necessary or advisable. The officer or employee
shall cause notice, in writing, to be served upon any person causing
or maintaining a nuisance to forthwith abate such nuisance or to abate
such nuisance within ten (10) days after receipt of the notice, or
time permitted upon agreement between the two (2) parties established
in writing. It shall be the duty of the Code Enforcement Officer or
other authorized City employee to prepare such notices and the duty
of an authorized City Officer to serve them, and if the nuisance is
not abated within the time required after the service of any such
notice, any person so notified shall be guilty of an offense.
B. Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety, or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner as set out in Section
505.040(A)(8).
C. If the nuisance is not abated pursuant to the written notice, a probable
cause affidavit will be prepared and reference the violation of this
Chapter and sent to the Municipal Court of Eldon.
[Ord. No. 39-2021, 10-26-2021]
Subject to constitutional limitations, any authorized agent
of the City shall have the right of entry for that purpose into and
upon any premises in order to abate a nuisance pursuant to the provisions
of this Article, and it shall be unlawful to interfere with any such
authorized agents.
[Ord. No. 39-2021, 10-26-2021]
A. The following standards shall be followed in substance by the Codes
Enforcement Officer in ordering repair, vacation, or demolition.
1.
If the dangerous building can reasonably be repaired so that
the violation will no longer exist in terms of this Chapter, it shall
be ordered repaired. If the dangerous building cannot be reasonably
repaired so that the violation will no longer exist in terms of this
Chapter, it shall be demolished.
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.
3.
In any case where a dangerous building is fifty percent (50%)
damaged, decayed or deteriorated, it shall be repaired or demolished.
In all cases where a building cannot be repaired so that it will no
longer exist in violation of the terms of this Chapter, it shall be
demolished. In all cases where there is a violation of the terms of
this Chapter or any ordinance of the City or Statute of the State
of Missouri, it shall be repaired or demolished.
4.
In all cases where the dangerous building is a fire hazard existing
or erected in violation of the terms of the Code or ordinance of the
City or Statute of the State, it shall be repaired or demolished.
[Ord. No. 39-2021, 10-26-2021]
A. The notice to abate a nuisance issued under the provisions of this
Article shall contain:
1.
An order to abate the nuisance within a stated time which shall
be reasonable under the circumstances.
2.
The location of the nuisance, if the same is stationary.
3.
A description of what constitutes the nuisance.
4.
A statement of acts necessary to abate the nuisance.
5.
A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City may abate such nuisance and assess the cost thereof against such person in conjunction with Sections
220.090 and
220.100.
6.
A statement that the owner or owners of said property receiving
the notice may request a hearing on the nuisance within the ten (10)
days of receiving the notice to abate a nuisance. Such request for
hearing shall be in writing and shall be served upon the City Clerk
either by personal service or by U.S. Mail, certified, return receipt
requested.
[Ord. No. 39-2021, 10-26-2021]
The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. Service for violation of Ch.
505 shall be by personal service, if applicable, and the owner of said property lives within a thirty-mile radius of the Eldon City limits. Attempts shall be made to serve the property owner in person. If personal service cannot be had, service may be made by publication in a newspaper of general circulation in Miller County, Missouri, pursuant to the requirements of the Missouri Rules of Civil Procedure and/or Missouri Statutes, and said notice shall also be posted upon property in a conspicuous place at the same time any initial attempts to serve the property owner or owners the notice to abate nuisance are made.
[Ord. No. 39-2021, 10-26-2021]
A. Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Article to abate the same or request a hearing within the designated period to request same, a duly designated agent or employee of the City, at its sole discretion, may proceed to abate such nuisance and if the City elects to abate, it shall prepare a statement of costs incurred in the abatement thereof. For violations of Chapter
505, the statement of cost may be made a part of restitution through the Municipal Court system; provided, however, that no structure will be demolished and removed or repaired prior to a hearing as set out in Section
505.050.
B. Authorized officers or employees of the City of Eldon may lawfully
enter onto the premises upon which a nuisance is located to abate
the nuisance only with a court order from a Court of Miller County,
Missouri, ordering the abatement of the nuisance and executed by the
Chief of Police/City Marshal.
[Ord. No. 39-2021, 10-26-2021]
A. The Codes Enforcement Officer shall:
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 and all other buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of Section
505.010.
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.
3.
Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire, Health or Police Departments of this City
as probably existing in violation of the terms of the Chapter.
4.
Notify, in writing, pursuant to Section
505.035, 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 the County where the land is located, of any building found by him/her to be a dangerous building within the standards set forth in Section
505.010 that:
a.
The owner must vacate, vacate and repair or vacate and demolish
said building in accordance with the terms of the notice and this
Chapter.
b.
The occupant or lessee must vacate said building or may have
it repaired in accordance with the notice and remain in possession.
c.
The building owner, mortgagee, agent or other persons having
an interest in said building, as shown by the land records of the
Recorder of Deeds of the County where the land is located, may, at
his/her own risk, repair, vacate or demolish or have such work or
act done, provided, that any person notified under this Subsection
to repair, vacate and repair or vacate and demolish said building
shall be given such reasonable time not exceeding thirty (30) days
to repair, vacate, or repair or vacate or demolish said building unless,
in the judgment of the Building Commissioner, it is determined to
be necessary to extend such time to do or have done the work and/or
specify, in writing, any additional notice of the date to which said
extension is made. All notices required under this Section will be
served either by 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.
5.
Set forth in one (1) notice provided for in Subsection
(A)(4) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such conditions to comply with the terms of this Chapter within the time or extension thereof provided for above in Subsection
(A)(4).
6.
Provide copies of all such notices and reports to the Building Commissioner and report to the Building Commissioner any non-compliance with the notice provided for in Subsection
(A)(4) and
(5) hereof.
7.
Appear at all hearings conducted by the Building Commissioner
and testify as to the condition of the dangerous building.
8.
If the Codes Enforcement Officer completes inspections of a
building and finds it to be inherently dangerous and, in his/her opinion,
constitutes a nuisance per se, a notice shall be placed on such building
forthwith, reading as follows:
"This building has been found to be a dangerous building by
the Codes Enforcement Officer. This notice is to remain on this building
until it is repaired, vacated and repaired or vacated and demolished
in accordance with the notice which 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 the county where the land is located. It
is unlawful to remove this notice until such notice is complied with."
Provided, however, 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.
9.
It will be the duty of the Codes Enforcement officer to determine
if a home within the City limits of Eldon is condemned or uninhabitable.
B. Codes
Department.
[Ord. No. 57-2022, 9-27-2022]
1. The creation of the City of Eldon Codes Department is now established. The Codes Department shall encompass all Codes within Chapters
220,
400,
405,
500,
505,
510, and
520. The Codes Department will replace the Building Department within the Codes where listed.
2. The Codes Director duties shall include facilitating the policies
and procedures for Codes; supervising the scheduling of inspections;
overseeing the hiring and firing of personnel; overseeing the investigation
of any complaints filed against the Department or within the Department;
participating in the preparation of the fiscal budget for the Codes
Department; overseeing the requisition and purchasing procedures;
and coordinating Codes personnel and equipment so that the Department
runs in an effective and efficient manner for the welfare of the public.
[Ord. No. 72-2023, 10-10-2023]
3. The Codes Director shall receive an additional salary of ten thousand
dollars ($10,000.00) per year in addition to any other salaries obtained
for positions held within the City.
[Ord. No. 72-2023, 10-10-2023]
[Ord. No. 39-2021, 10-26-2021]
A. The position of Building Commissioner is hereby created to be filled
by appointment by the Board of Aldermen. The Building Commissioner
shall be a registered professional engineer licensed in the State
of Missouri. The Building Commissioner shall:
1.
Supervise all inspections required by this Chapter and cause
the Codes Enforcement Officer to make inspections and perform all
duties required of him/her by this Chapter. Upon receiving a complaint
or report from any source that a dangerous building exists in this
City, he/she shall cause an inspection to be made forthwith. If he/she
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, he/she may request an inspection and report be made
to him/her by either the Fire Prevention Division of the Fire Department,
the Police Department, or by any other City department or may retain
services of an expert whenever he/she deems such service necessary.
2.
Upon receipt of a report of the Codes Enforcement Officer, as provided for in Section
505.040(A)(6) hereof, give written notice to the owner, occupant, mortgagee, lessee, 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 the county where the land is located to appear before him/her on the date specified in the notice, but not less than twenty-one (21) days after the date specified in the notice, to determine whether the building or structure reported to be a dangerous building should be repaired, vacated and repaired, or vacated and demolished in accordance with the statement of particulars set forth in the Codes Enforcement Officer's notice provided for herein in Section
505.040.
3.
After not less than twenty-one (21) days' notice, hold a full
and adequate hearing and hear such testimony as the Codes Enforcement
Officer or the owner, occupant, mortgagee, lessee, agent or any other
person having an interest in said building as shown by the land records
of the Recorder of Deeds of the county where the land is located shall
offer relative to the dangerous building. Any party may be represented
by counsel, and all parties shall have an opportunity to be heard
and present such evidence as shall be relevant to a determination
of:
a.
Whether or not the building or structure involved is a dangerous
building under the terms of this Article;
b.
Whether or not the orders of the Code Enforcement Officer provided
with the initial notice were reasonable and within the standards of
this Article; and
c.
Whether the procedures required by this Article have been substantially
followed.
4.
The Code Enforcement Officer and any other City employees with
relevant information shall appear and testify as to the condition
of the subject building.
5.
All testimony shall be under oath, which may be administered
by the Building Commissioner or other official qualified for the administration
of oaths. A recording of the hearing shall be made by an electronic
device capable of recording the hearing, or by a certified court reporter,
and the Building Commissioner may cause a written record of the hearing
to be made by a reporter from the recording of the hearing to be employed
by the City, the cost of which shall be paid by the City should the
Commissioner rule in favor of the owner, and by the owner if the Commissioner
rules in favor of the City. If an electronic recording is made of
the hearing, then the Building Commissioner shall maintain the recording
and make it available to any party to the hearing upon request for
transcription at the requesting party's expense.
6.
After said hearing, the Building Commissioner shall make written findings of fact from the testimony offered pursuant to Subsection
(A)(3) hereinabove as to whether or not the building in question is a dangerous building within the terms of Section
505.010 et seq.; and
7.
If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building or nuisance or detrimental to the health, safety or welfare of the residents as provided in Section
505.010 et seq., and that the procedures required by the Code have been substantially followed, the Building Commissioner shall issue an order making specific findings of fact made pursuant to Subsection
(A)(3) hereinabove commanding 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 where the land is located to repair, vacate and repair, or vacate and demolish any building found to be a dangerous building within the terms of this Chapter; provided that any person so notified shall have the privilege of either repairing or vacating and repairing said building at their expense if such repair will comply with the ordinances of this City, or the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds in the county where the land is located may vacate and demolish said dangerous building at his/her own risk and expense to prevent the acquiring by the City of a lien against the land where the dangerous building stands as provided in Subsection
(A)(8) hereof. If the evidence does not support a finding that the building or structure is a dangerous building, is a nuisance, or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued. 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 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 the county wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.
8.
If the owner, occupant, mortgagee or lessee fails to comply with the order hereof within thirty (30) days of the date the order is issued, or within the time of any extension of the order granted by the Building Commissioner upon the written request of the party or parties against whom an order is entered, the Building Commissioner shall cause such building or structure to be secured, repaired, vacated and repaired, or vacated and demolished, as the facts may warrant under standards herein provided for in Section
505.030 of this Chapter, and the Building Commissioner shall certify the charge for such repair, vacation or demolition and its administrative cost incurred by the City in the prosecution of the proceedings and the conduct of the hearing to the Director of Finance, City Clerk or other official collecting taxes as a special assessment represented by a special tax bill against the real property affected; and said tax bill shall be lien upon said property and shall be enforced to the same extent and in the same manner as other special tax bills and shall be deemed a personal debt against the property owner(s). A taxpayer may elect to pay the special assessment in installments over a period of not more than ten (10) years, but said assessments shall bear interest per annum at the highest rate permitted by the State law until paid. The right to pay this debt in installments shall be deemed to be waived if the City reduces this debt to a judgment in a court of competent jurisdiction.
9.
Report to the Municipal Prosecutor the names of the persons not complying with the order provided for in Subsection
(A)(7) and
(8) above.
10.
The Building Commissioner shall cause repair or demolition work pursuant to Section
505.050(A)(6) to be performed within one (1) year of the Building Commissioner's order issued pursuant to Section
505.050(A)(5). If such work has not been performed within one (1) year of the Building Commissioner's order, the Building Commissioner shall call another hearing in which any interested party may submit evidence as to whether the Building Commissioner's order has been complied with and whether the conditions which cause such building or structure to be a dangerous building under this Article remain. Notice of this hearing shall be provided in the same manner set forth in Section
505.050(A)(2). Any party may be represented by counsel, and the hearing shall be on the record as provided in Section
505.050(A)(3). If the Building Commissioner determines that the Building Commissioner's order issued pursuant to Section
505.050(A)(5) has not been complied with and the conditions which cause the building or structure to be a dangerous building remain, the Building Commissioner may cause such dangerous building to be repaired or demolished and costs assessed as provided in Section
505.050(A)(6),
(7) and
(8).
[Ord. No. 39-2021, 10-26-2021]
The position of Assistant Building Commissioner is hereby created
to be filled by appointment by the Mayor and Board of Aldermen of
the City of Eldon, Missouri, said person to assume the duties of the
office of Building Commissioner referred to in this Chapter upon the
absence of the Building Commissioner from the City or due to his/her
inability to act.
[Ord. No. 39-2021, 10-26-2021]
In cases, where the owner, occupant, lessee or mortgagee is
absent from the City, all notices or orders provided for herein shall
be sent by certified mail, return receipt requested, to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in the said building as shown by the land records of the Recorder
of Deeds of the county where the land is located to the last known
address of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. Such mailing
and posting shall be deemed adequate service.
[Ord. No. 39-2021, 10-26-2021]
All demolition permits shall be valid for a period of sixty
(60) days from issuance unless otherwise extended.
[Ord. No. 39-2021, 10-26-2021]
If a building is not demolished within the original time period,
an extension may be granted by the Building Commissioner upon a written
request outlining in detail the reasons why the demolition is expected
to require more than sixty (60) days. Such extension shall be issued
by the Building Commissioner only for good and sufficient cause and
shall specifically state the reasons the extension was granted and
the facts relied upon.
[Ord. No. 39-2021, 10-26-2021]
The issuance of a demolition permit shall not stay the condemnation process for dangerous buildings as outlined in Sections
505.010 through
505.080 unless so ordered by the Building Commissioner. Such stay order shall be revoked in the event the terms of the demolition permit are not complied with by the holder of the permit, and the City shall have the right to continue the condemnation and demolition process from that point forward as if no stay had been issued.
[Ord. No. 39-2021, 10-26-2021]
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 Subsection
(A)(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
(A)(6) of Section
505.050. If the City has proceeded under the provisions of Subsection
(A)(6) of Section
505.050, all monies in excess of that necessary to comply with the provisions of Subsection
(A)(6) 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.
[Ord. No. 39-2021, 10-26-2021]
A. General. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building or
structure in the City, or cause the same to be done, contrary to or
in violation of any of the provisions of this Chapter or other applicable
ordinances, codes, rules or regulations promulgated thereunder.
B. Penalty For Disregarding Notices Of Order. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by Sections
505.010 to
505.080 to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be subject to punishment, as set forth in Section
100.130.