[R.O. 2007 §16-161; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
The following conditions have been determined to be detrimental to
the health, safety and welfare of the residents of the City and therefore
constitute a nuisance:
1.
Those whose exterior walls, interior walls or other vertical
structural members list, lean, or buckle to such an extent that it
is more than two (2) inches in eight (8) feet out of plumb.
2.
Those whose supporting member or members show damage or deterioration.
3.
Those which have holes in walls, roofs, soffits, or ceilings
larger than one hundred (100) square inches.
4.
Those which have foundations that are cracked and misaligned
or have cracks wider than one-half (1/2) inch.
5.
Those which have improperly distributed loads upon the floors,
roofs or other horizontal structural members or the same are overloaded
or which have insufficient strength or deflections to be reasonably
safe for the purpose used or intended to be used.
6.
Those which have been damaged by fire, wind, vandalism 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.
7.
Those which are uninhabited and are open at doors, windows,
walls or roofs.
8.
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately prior to the time that a notice shall be issued under Section 505.040 of this Article for the completion or demolition thereof.
9.
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately following the time a notice shall be issued to complete the demolition thereof under Section 505.040 of this Article.
10.
Those containing therein substantial accumulations of trash,
garbage or other materials susceptible to fire or constituting or
providing a harboring place for vermin or other obnoxious animals
or insects or in any way threatening the health of the occupants thereof
or the health of persons in the vicinity thereof.
11.
Those having inadequate facilities for egress in case of fire
or panic.
12.
Those which have parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof.
13.
Those buildings built in violation of any safety provision of
the Building Code, Electrical Code, Plumbing Code, Mechanical Code,
Minimum Housing Standards Code or the Fire Prevention Code of the
City or used in violation thereof.
[R.O. 2007 §16-162; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
The following standards shall be followed in substance by the Building
Inspector and the Director of Planning and Code Enforcement Officer
in ordering repair, vacation or demolition:
1.
If the dangerous building can reasonably be repaired or maintained
so that it will no longer exist in violation of the terms of this
Article, it shall be ordered so repaired or maintained.
2.
If the dangerous building is in such condition as to make it
dangerous to the health, safety or welfare of its occupants, it shall
be ordered to be vacated pending abatement of the nuisance.
3.
In any case where the dangerous building cannot be reasonably
repaired or maintained so that the building or structure will no longer
exist in violation of the terms of this Article, the building or structure
shall be ordered demolished.
4.
In any case where the conditions constituting the public nuisance
are such that the costs to repair or maintain the building or structure
so that it will no longer constitute a public nuisance equal or exceed
fifty percent (50%) of the value of the building or structure, it
shall be ordered repaired or demolished and in the event it is not
repaired or demolished by the owner, then the City shall abate the
nuisance.
5.
Any building or structure constituting a public nuisance because of the conditions described in Subsection (A)(8) of Section 505.010 of this Article shall be ordered to be completed in accordance with lawful plans and specifications and if it shall not be so completed or demolished by the owner, then the City shall abate the nuisance.
[R.O. 2007 §16-163; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
The Building Inspector shall:
1.
Inspect, or cause to be inspected, annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist as set forth in Section 505.010 of this Article.
2.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 505.010 of this Article.
3.
Inspect any building or structure reported by the Fire or Police Departments of this City when such Departments have reason to believe that the building or structure has any of the conditions set forth in Section 505.010.
4.
Inspect any building or structure of the City at any time whenever there is reason to believe the building or structure has a condition described in Section 505.010.
5.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 505.010 whether or not it reasonably appears there is immediate danger to the health, safety or welfare of any person because of such condition and if it does so reasonably appear, to immediately notify the Director of Planning. Should the Director of Planning concur in the finding of the Building Inspector that there is immediate danger as aforesaid, the Building Inspector shall immediately post upon the building or structure a notice reading as follows:
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This building has been found to be a public nuisance.
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Nothing contained in this Subsection shall be construed to deprive
any person entitle thereto by this Article of the notice and hearings
prescribed herein.
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6.
Report to the Director of Planning any non-compliance with the
notice provided for in this Article.
[R.O. 2007 §16-164; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
Whenever the Building Inspector has determined that any building or structure is a public nuisance under the provisions of this Article, he/she shall, as soon as possible thereafter, notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds for the appropriate County, that such building or structure has been found to be a public nuisance under the provisions of this Article. The notice shall set forth a description of the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Section 505.010. The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such be the case, reconditioned or removed, allowing ten (10) days for the commencement of the work and requiring the work to proceed continuously without unnecessary delay.
[Ord. No. 7599 § 1, 2-25-2015]
Upon failure of the owner or person responsible to comply, the
Building Inspector may post on the premises a placard bearing the
word "Nuisance" and a statement of the penalties provided for occupying
the premises or removing the placard. Whether to post a placard shall
depend on whether the premises constitutes an attractive nuisance
or is threatened with vandalism.
[R.O. 2007 §16-165; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
Whenever under this Article a notice is required to be served
upon the persons interested in any building or structure, the notice
shall be served upon the owner, occupant, lessee, mortgagee, agent
and all other persons having an interest in the building or structure
as shown by the land records of the Recorder of Deeds for the appropriate
County and shall be signed by the person who has responsibility to
issue the notice. The notice shall be served, if the party or parties
to be served reside in the City, by handing the notice to the person
to be served by anyone competent to be a witness or by leaving the
notice at the usual place of abode of the one (1) to be served with
a member of the household over the age of fifteen (15) years. If the
person to be served shall not reside in the City or shall have absented
himself/herself from the City or concealed himself/herself so that
personal service may not be made as herein provided for and if his/her
address shall be known, then service shall be made by posting a copy
of such notice in a conspicuous place on the building or structure
to which it relates.
[R.O. 2007 §16-166; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
The Building Inspector shall file a copy of each notice to abate
a nuisance served by him/her under this Article with the City Clerk
or Planning Secretary for use and inspection by the members of the
Building Standards Board.
[R.O. 2007 §16-167; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
In the absence of an emergency, the Building Inspector shall employ
the following procedure:
1.
Notice of order to abate and of hearing. The
Building Inspector shall serve notice of the violation to be abated
on the owners of the property and on any other person responsible
for it. That notice may be served personally, or by mail, or by posting
on the property. That notice shall order a hearing with the Building
Inspector and Director of Planning within ten (10) calendar days and
the abatement of the violation by the time of the hearing. At this
hearing, the owner will have to decide on a plan of action. If the
violation has been abated, the violation goes away. If the violation
still exists, the owner shall:
a.
Provide a written plan with the time frame to abate the violation.
The plan must be submitted within ten (10) days.
b.
Demolish the structure and clean site thirty (30) days'
maximum time. A demolition permit must be obtained from the City of
Poplar Bluff.
c.
Have the structure demolished and site cleaned by the City of
Poplar Bluff. The owner shall pay for this as follows:
(1)
Pay lump sum for all costs.
(2)
Set up a payment schedule approved by the City.
(3)
Forfeit property to the City (general warranty
deed required), if the City will accept.
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If the owner does not agree to any of the above, a hearing by
the Building Standards Board will be ordered at the next scheduled
meeting ten (10) days minimum forty-five (45) days maximum).
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2.
Failure to abate, hearing, declaration of nuisance and
further order to abate. If the violation is not abated by
the time of the hearing, the Building Standards Board may find and
declare the violation a nuisance at that hearing. A penalty will be
assessed against the owner for failure to comply in the amount of
two hundred dollars ($200.00), and the Building Standards Board will
order the violation abated within ten (10) calendar days.
3.
Failure to abate and abatement by City of Poplar Bluff. If the violation is not abated within ten (10) days, another penalty
will be assessed against the owner for failure to comply in the amount
of five hundred dollars ($500.00), and the Building Standards Board
shall have that violation abated at public expense and certify the
costs thereof, and of all necessary inspections, and administrative
proceedings, and record keeping, to the Financial Officer of the City
of Poplar Bluff, MO.
B.
In an emergency, the Building Inspector shall employ the following
procedure:
1.
Notice of emergency abatement and hearing. The
Building Inspector shall serve a notice of the violation to be abated
by the City of Poplar Bluff, MO, including a declaration that the
violation is an emergency, the grounds for that declaration, and a
statement of the costs of abating that violation, upon the owners
of the property and on any other person responsible for it. That notice
may be served personally, or by first-class Mail, or by posting on
the property. That notice shall order a hearing with the Inspection
Department within ten (10) calendar days.
2.
Hearing and final order. At the hearing the
Inspection Department may confirm, modify, or withdraw any element
of the foregoing notice, shall enter a final order reflecting those
determinations, and shall certify any confirmed costs of abatement
and, if there are any such costs, the costs of any and all necessary
inspections and administrative proceedings and record keeping to the
Financial Officer of the City of Poplar Bluff, MO.
C.
Imposition of lien after abatement by City of Poplar Bluff,
responsibilities of the Financial Officer. The Poplar Bluff
Financial Officer shall prepare and issue to the owners of the property
in violation a special tax bill against the property for those costs,
payable within thirty (30) days of issuance. Each such special tax
bill shall include a notice of lien stating that if the bill is not
paid when due, it shall become, from the date of its issuance, a first
lien on the property until paid, to be collected by the City Collector
or other official collecting taxes in the same way property taxes
are collected. Each such special tax bill shall be prima facie evidence
of the recitals therein and of its validity, and no mere clerical
error or informality in the tax bill or the proceedings leading up
to its issuance shall be a defense thereto. The Financial Officer
of the City of Poplar Bluff, MO, shall deliver such special tax bill
that remains unpaid after payment is due to the Collector of the City
of Poplar Bluff on or before December 31 of each year, to be collected
with property taxes as provided above.
[R.O. 2007 §16-168; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 505.040 by not commencing work in the time specified in the notice or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Board of Building Standards shall call and have a full and adequate hearing upon the matter giving all affected parties at least ten (10) days' written notice of the hearing. 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:
1.
Whether or not the building or structure involved is a public
nuisance under the terms of this Article;
2.
Whether the procedure required by this Article shall have been
substantially followed; and
3.
Whether or not the abatement order of the Building Inspector
was reasonable and within the standards of this Article.
B.
All testimony shall be under oath, which may be administered by the
Director of Planning and a written record of the hearing shall be
made by a reporter to be employed by the City, the cost of which shall
be paid by the City should the proceeding be eventually held against
the City and by the owner if it should not. In the latter case, the
cost of such reporting shall be a lien upon the lot, tract or parcel
of land upon which the building or structure stands and shall be added
to the cost of performance for demolition or repair in the event the
City shall be required to do so and payable as provided for such costs.
[R.O. 2007 §16-169; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
The Building Inspector shall appear at all hearings conducted
by the Building Standards Board held pursuant to the provisions of
this Article and testify and present evidence as to the condition
of any dangerous building or public nuisance or other evidence required
by the Board.
[R.O. 2007 §16-170; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
Within seven (7) days from the date of the hearing required by Section 505.080, the Building Standards Board shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Article and detrimental to the health, safety and welfare of the residents of the City, specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Article have been substantially met and complied with and whether or not the abatement order of the Building Inspector to abate the nuisance was reasonable in its terms and conditions and within the standards of this Article. In the event it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the Building Standards Board to make its own findings of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the Building Standards Board finds that a public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
[R.O. 2007 §16-171; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
If a proceeding is not dismissed following the findings required by Section 505.100, the Building Standards Board shall issue an order directing the building or structure to be completed, repaired or demolished and vacated, as the case may be, within the standards of this Article. This order, together with the findings of fact and conclusions of law required by Section 505.100, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the Director of Planning for a period of ten (10) days from the date of issuance thereof. The order shall state a reasonable time, which shall not be less than ten (10) days from the date of issuance, within which to comply with the order and shall further provide that if the order is not complied with within such time, the Director of Planning shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
B.
If there shall be no contractor employed by the City for that purpose,
the Director of Planning is hereby authorized to enter into contracts
not to exceed five thousand dollars ($5,000.00) with persons engaged
in the business of repairing or demolishing buildings for the purpose
of enforcing the order provided for in this Section, if there are
sufficient funds provided for that purpose in the budget or a supplemental
appropriation. Additional contracts or contracts for amounts in excess
of five thousand dollars ($5,000.00) must be approved by the Council.
The contracts can be signed only after compliance with the City's
prescribed bidding procedures.
[Ord. No. 19-46, 7-15-2019]
A.
In order to promote the improvement and development of residential properties in Poplar Bluff, the City shall, under certain conditions and restrictions, agree to forgive certain liens on residential real estate caused and created by either demolition of structures under Chapter 505 of the Code of City Ordinances, or nuisances under Chapter 215 of the Code as follows:
1.
Upon application by an owner or prospective buyer of real property within the City of Poplar Bluff, the Director of Planning in the office of the City Planner shall have the authority to prospectively abate or forgive liens recorded in favor of the City under Chapter 505 or Chapter 215 of the Code, conditioned upon the applicant signing an agreement and promissory note for the amount of the lien(s), payable to the City, secured by the real estate, and conditioned on the performance of certain conditions and obligations set forth below:
a.
The applicant shall agree to commence new construction and/or
other substantial improvement to the property, which results in a
substantial increase in valuation of the property for tax purposes.
Construction or substantial renovation must begin within twelve (12)
months of the execution of the agreement. Thereafter, the improvements
must be completed within twenty-four (24) months of the execution
of the agreement.
b.
Upon completion of the improvements, and satisfactory inspection
and determination of compliance by the Planning Office, the City shall
forgive the promissory note in its entirety and release its security
interest in the real estate pursuant to liens which are filed and
recorded.
c.
In the event that the applicant fails to comply with the terms
of the agreement, the City will reassert its lawful rights under the
agreement and the Code of City Ordinances to reestablish its lien,
and all rights and powers attendant thereto.
3.
All improvements and new construction shall be subject to all
of the permitting and inspection provisions of the City Code.
4.
The Director of City Planning shall have the authority to make
determinations as to eligibility and compliance under this Chapter.
Any person aggrieved by the decisions and determinations of the Director
shall be appealable to the City Council, whose determinations shall
be final, subject only to appellate rights provided under the laws
of The State of Missouri.
[R.O. 2007 §16-172; Ord. No. 5414 §1, 11-19-1990; Ord. No. 7599 §1, 2-25-2015]
A.
Whenever the City shall have caused the work to be done as provided
by this Article, the Director of Planning shall certify the costs
of the work to the City Collector who shall cause a special tax bill
therefore and for the cost of the reporter at the hearing, which shall
be likewise certified by the Director of Planning, to be issued against
the lot, tract or parcel of land upon which the building or structure
is located. The special tax bill from the date of its issuance shall
be deemed a personal debt against the property owner and in addition
shall be a lien on the lot, tract or parcel of land until paid and
shall be registered in the office of the Director of Finance of the
City in a book to be kept by him/her for such purposes. The tax bill
shall be collected by the City Collector or other official collecting
taxes.
B.
At the written request of the taxpayer delivered to the City Collector
of the City, a tax bill for repair or demolition of a building or
structure may be paid in ten (10) equal annual installments, which
installments, with interest thereon to date on the unpaid balance,
shall be due annually on the anniversary of the date of issuance of
the bill. Interest shall be paid at the maximum rate per annum allowable
by law on the unpaid balance of the special assessment, computed from
the date of issuance. If any annual payment of principal or interest
shall not be paid within thirty (30) days of its due date, the entire
remaining balance of the tax bill shall immediately become due and
payable.
C.
If request for ten (10) annual payments is not made prior to the
time the Director of Planning shall certify the cost of the work to
the City Collector, the tax bill shall be payable in thirty (30) days
from its date of issuance with interest thereon at the maximum rate
per annum allowable by law.
[Ord. No. 7599 §1, 2-25-2015]
A.
If the owner forfeits the property to the City and the City accepts,
the City may, at it's option, do the following:
1.
Repair or have the building repaired to a compliant State, the
sell the property to recover costs.
2.
Demolish the structure and sell the lot to recover some cost.
The lot to be sold will have an agreement that a compliant building
will be built within a certain time frame.
3.
Demolish the building and divide the lot between adjacent land
owners if they will accept. Revenue will be received from additional
real estate taxes on the additional land.
4.
Demolish the building and retain the lot for City use. No cost
recovery or revenue.
[R.O. 2007 §16-173; Ord. No. 5414 §1, 11-19-1990; Ord. No. 5897 §1, 7-22-1996; Ord. No. 7599 §1, 2-25-2015]
A.
Tax bills issued under Section 505.120 shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property owner for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Counselor on behalf of the City. Judgment in any such suit shall be special and against the property only and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
B.
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 and if the covered claim payment is in excess of fifty percent
(50%) of the face value of the policy covering a building or other
structure, then the following procedure shall apply:
1.
The insurer shall withhold from the covered claim payment twenty-five
percent (25%) of the covered claim payment and shall pay that amount
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 Section. If a special tax bill or assessment
is issued by the City for the expenses of demolition of such building
as a dangerous building, the monies held by the City shall be applied
toward payment of the special tax bill or assessment. If there is
any excess, it shall be paid by the City to the insured or as the
terms of the policy, including any endorsements thereto, provide.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within one hundred eighty (180) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Sections 505.110 and 505.120. If the City has proceeded under the provisions of Sections 505.110 and 505.120, all monies in excess of that necessary to comply with the provisions of Sections 505.110 and 505.120 for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
The City may certify that, in lieu of payment of all or part
of the covered claim payment under this Section, it has obtained satisfactory
proof that the insured has or will remove debris and repair, rebuild
or otherwise make the premises safe and secure. In this event, the
City shall issue a certificate within one hundred eighty (180) days
after receipt of proof to permit covered claim payment to the insured
without deduction. 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.
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No provision of this Section shall be construed to make the
City a party to any insurance contract.
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[R.O. 2007 §16-174; Ord. No. 5414 §1, 11-19-1990]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the Building Standards Board made under the provisions of Section 505.110 of this Article. The appeal shall be to the Circuit Court of Butler County as established in Chapter 536, RSMo.
[R.O. 2007 §16-175; Ord. No. 5414 §1, 11-19-1990]
In all cases where it reasonably appears that an immediate danger
to the health, safety or welfare of any person exists, the Building
Inspector may take emergency measures to vacate, repair or demolish
a building or structure which is a public nuisance under the provisions
of this Article.
[R.O. 2007 §16-176; Ord. No. 5414 §1, 11-19-1990]
No officer, agent or employee of the City shall be personally
liable for any damage that may occur to any persons or property as
a result of any act required of him/her or permitted to be taken by
him/her under the terms of this Article. Any suit brought against
any such officer, agent or employee of the City as a result of any
such acts required or permitted shall be defended by the City until
the final determination of the proceedings and if judgment shall be
obtained, it shall be paid by the City. It is hereby further declared
that no officer, agent or employee of the City owes any duty under
the provisions of this Article to any citizen or other individual
but that the duties prescribed herein and imposed upon officers, agents
or employees of the City are duties to be performed for the government
of the City.
