[CC §41.010; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010; Ord. No. 941 §2, 1-3-2012; Ord. No. 945 §2, 3-19-2012; Ord.
No. 1210, 10-5-2020]
A.
All
buildings or structures which have any or all of the following defects
shall be deemed "dangerous/substandard buildings":
1.
Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved building or fire code of the
jurisdiction as related to the requirement for existing buildings.
2.
The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so warped, worn loose, torn or otherwise unsafe
as to not provide safe and adequate means of egress.
3.
Any portion of a building, structure or appurtenance that has been
damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
4.
Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting natural or artificial loads of one and one-half (1 1/2)
the original designed value.
5.
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
6.
The building or structure, or any portion thereof, is clearly unsafe
for its use and occupancy.
7.
The building or structure is neglected, damaged, dilapidated, unsecured
or abandoned so as to become an attractive nuisance to children who
might play in the building or structure to their danger, becomes a
harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
8.
Any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or prohibition applicable to such building or structure
provided by the approved building or fire code of the jurisdiction,
or of any law or ordinance to such an extent as to present either
a substantial risk of fire, building collapse or any other threat
to life and safety.
9.
A building or structure, use or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
Code Official to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease.
10.
Any building or structure, because of a lack of sufficient or proper
fire-resistance-rated construction, fire protection systems, electrical
system, fuel connections, mechanical system, plumbing system or other
cause, is determined by the Code Official to be a threat to life or
health.
11.
Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
12.
Those which are uninhabited and are open at the door, window, wall
or roof.
13.
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.
14.
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.
15.
Those which, exclusive of the foundation, show thirty-three percent
(33%) or more of damage or deterioration of the supporting member
or members or fifty percent (50%) of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
16.
Those under construction upon which no substantial work shall have been performed for ninety (90) days following the notice issued under Section 525.060 of this Chapter for the completion or demolition thereof.
17.
Those is 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 issue to complete the demolition thereof under Section 525.060 of this Chapter.
18.
Those containing therein substantial accumulations of trash, garbage
or other materials susceptible to fire or constituting or proving
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.
19.
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this City.
20.
Those, as determined by any Law Enforcement Agency, that have been
used for the illegal manufacture or storage of controlled substances.
[CC §41.020; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
A.
The
following standards shall be followed in ordering repair, vacation
or demolition:
1.
If the "dangerous/substandard building" can reasonably be repaired
so that it will no longer exist in violation of the terms of this
Chapter, it shall be ordered repaired.
2.
If the "dangerous/substandard building" is in such condition as to
make it dangerous to the health, safety or general welfare of its
occupants, it shall be ordered to be vacated and repaired.
3.
In any case where a "dangerous/substandard building" is fifty percent
(50%) damaged or decayed, or deteriorated from its original value
or structure, it shall be demolished, and in all cases where a building
cannot be repaired so that it will no longer exist in violation of
the terms of this Chapter it shall be demolished. In all cases where
a "dangerous/substandard building" is a fire hazard existing or erected
in violation of any provision of this Code or other ordinance of the
City or Statute of the State, it shall be repaired or demolished.
[CC §41.030; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
All dangerous/substandard buildings within the terms of Section 525.010 of this Code are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
[CC §41.040; Ord. No. 689 §8, 7-16-2001; Ord. No. 774 §1, 3-21-2005]
Any person so designated by the Mayor with approval of the City
Council shall be "Building Inspectors" within the meaning of this
Chapter at a set compensation agreed upon by all parties.
[CC §41.050; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
A.
The
Building Inspectors shall:
1.
Inspect or cause to be inspected semi-annually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings, and all dwellings for the purpose of determining whether any conditions exist which render such places to be a "dangerous/substandard building" within the terms of Section 525.010 of this Chapter.
2.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this Chapter.
3.
Inspect any building, wall or structure reported as probably existing
in violation of the terms of this Chapter.
4.
Report to the City Council any non-compliance with the provisions
of this Chapter.
[CC §41.055; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
A.
Upon receipt of the notice provided for in Section 525.050(4) and upon determining that there is cause to believe that the structure involved is a "dangerous/substandard building" within the terms of Section 525.010, the City Council shall:
1.
Notify in writing, either by personal service or by certified mail, return receipt requested; of if service cannot be had by either of these modes of service, then by publication in a newspaper qualified to publish legal notices, for two (2) successive weeks, 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 of any building found by him to be a "dangerous/substandard building" within the standards set forth in Section 525.010 of this Code 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.
Mortgagee, agent or other person having an interest in said building
as shown by the land records of the Recorder of Deeds of the County
may at his own risk repair, vacate or demolish said building or have
such work or act done;
Provided, that any person notified under Section 525.060(1)
to repair, vacate or demolish any building shall be given such reasonable
time, not exceeding thirty (30) days, as may be necessary to do, or
have done, the work or act required by the notice provided for herein.
2.
Set forth in the notice provided for in Section 525.060(1) hereof
a description of the building or structure deemed unsafe, a statement
of the particulars which make the building or structure a "dangerous/substandard
building" and an order requiring the same to be put in such condition
as to comply with the terms of this Chapter within such length of
time, not exceeding thirty (30) days, as is reasonable.
3.
Place a notice on all "dangerous/substandard buildings" reading as
follows:
"This building has been found to be a dangerous/substandard
building by the Building Inspector. This notice is to remain on this
building until it is repaired, vacated or 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. It is unlawful to remove this notice until
such notice is complied with."
[CC §41.060; Ord. No. 774 §1, 3-21-2005]
The City Council shall act as the Building Commissioner under
this Chapter.
[CC §41.070; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
A.
The City Council shall, if the owner, occupant or lessee does not comply with the notice given under the provisions of Section 525.060, do the following:
1.
Upon receipt of a report of non-compliance, give a second (2nd) written
notice, at least twenty-one (21) days prior to the hearing date specified
in the notice, to 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 to appear
before it on the date specified in the notice to show cause why the
building or structure reported to be a "dangerous/substandard building"
should not be repaired, vacated or demolished in accordance with the
statement of particulars set forth in the notice provided for in Section
525.060(1).
2.
Hold a hearing and hear such testimony as the Building Inspector
or the owner, occupant, mortgagee, lessee, or any other person having
an interest in said building as shown by the land records of the County
shall offer relative to the "dangerous/substandard building".
4.
Issue an order based upon findings of fact made pursuant to Subsection (3) 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 County to repair, vacate or demolish any building found to be a "dangerous/substandard building" within the terms of this Chapter and provided that any person so notified shall have the privilege of either vacating or repairing said dangerous/substandard building; or any person not the owner of said dangerous/substandard building but having an interest in said building as shown by the land records of the County may demolish said dangerous/substandard building at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous/substandard building" stands by the City as provided in Subsection (5) hereof.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection (4) hereof within thirty (30) days, the City Council then shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 525.020, and shall with the assistance of the City Attorney cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, safety or general welfare of the people of this City, the Council shall notify the City Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
6.
Report to the City Attorney the names of all persons not complying
with the order provided for in Section 525.080(4) hereof.
7.
If no insurance proceeds are available, at the written request of the taxpayer, the special tax bill provided for by Subsection (5) may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the maximum rate per annum allowed 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.
If request for ten (10) annual payments is not made prior to
the time the City Attorney shall certify the cost of the work to the
City Clerk, the tax bill shall be payable in sixty (60) days from
its date of issuance with interest thereon at the maximum rate per
annum allowable by law.
[Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
A.
Tax
bills issued under Section 525.080(5) shall be prima facie evidence
of the validity of the bill, the doing of the work and liability of
the property and property owner for the damages stated in the bill
and shall be collected if default should occur by suit brought in
a court a competent jurisdiction by the City Attorney 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 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 ten percent
(10%) 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/substandard
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 Subparagraph (1) of this Subsection to the insured or as the terms of the policy and endorsements thereof provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 525.080. If the City has proceeded under the provisions of Section 525.080, all monies in excess of that necessary to comply with the provisions of Section 525.080 for 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 thirty (30) 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.
4.
No provision of this Section shall be construed to make the City
a party to any insurance contract.
[CC §41.080; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in a "dangerous/substandard building" as shown by the land records of the Recorder of Deeds of the County may, within thirty (30) days from the receipt of the order of the City Council provided for by Section 525.080 (4) of this Code, appeal such decision to the Circuit Court of the County wherein the land is located, pursuant to the procedure established in Chapter 536, RSMo.
[CC §41.090; Ord. No. 774 §1, 3-21-2005; Ord. No. 891 §1, 3-1-2010]
In cases where it reasonably appears that there is immediate danger to the life or safety of a person unless a dangerous/substandard building as defined in Section 525.010 is immediately repaired, vacated or demolished, the Building Inspector shall report such facts to the City Council of the City and the City Council shall cause the immediate repair, vacation or demolition of such dangerous/substandard building. The costs of such emergency repair, vacation or demolition of such building shall be collected in the same manner as provided in Section 525.080(5).
[Ord. No. 941 §3, 1-3-2012; Ord. No. 945 §3, 3-19-2012]
A.
Notwithstanding
any of the provisions to the contrary, the following procedure is
to be implemented when a building or portion thereof has been used
for the storage or production of controlled substances.
1.
Notification requirements. Whenever the Police Department
or other Law Enforcement Agency with jurisdiction within the City
undertakes a law enforcement action within the City limits against
an illegal manufacture or storage site for a controlled substance,
the Police Department shall immediately notify the City Building Inspector.
Upon notification, the Building Inspector shall review the design,
use, configuration and other information the Building Inspector deems
appropriate regarding the location of the site. If the site is located
within a building, the Building Inspector will determine whether a
portion or all of the building should be declared dangerous. Subsequent
to making the determination, the Building Inspector shall cause the
building or appropriate portion thereof to be closed and vacated.
Notice of closure shall be as follows:
a.
Written notice to the owner at his last known address by personal
service or regular mail.
b.
Posting the notice of closure on the front door of the premises.
c.
The notice shall state that the premises has been used for the manufacture
or storage of a controlled substance and that no one shall be allowed
entry into the premises except with the consent of the Building Inspector
or his authorized agent. The notice shall also set forth a name, business
address, and phone number of the business inspector and his authorized
agent.
2.
Contents of notice.
a.
The Police Department will forward a list of chemicals and/or products
believed to be used for the production of a controlled substance to
the Building Official who shall provide the same to the owner.
b.
The Building Inspector shall provide a notice to the owner of the
property that indicates the chemicals and/or products that were identified
by the law enforcement personnel as being used for the manufacture
of the controlled substance.
c.
The Building Inspector shall also provide to the owner copies of
pertinent materials relating to cleanup of the site, including any
guidelines published by the Missouri Department of Health and Senior
Services, setting forth proper cleanup procedures.
3.
Access to premises. If the Building Inspector determines the premises are dangerous to the public due to residue or by-product of the controlled substance, the Building Inspector shall only allow access to the premises to the owner, a person licensed to perform environmental cleanup, or other similar persons who, in the judgment of the Building Inspector, should be authorized to enter the premises for the purpose of cleanup and inspection. Nothing contained herein shall allow the Building Inspector to allow access to the premises to anyone until such time as the Law Enforcement Agency investigating the crime scene has conducted its investigation of the site. No person shall deny access to the property by the Building Inspector for the purposes of inspection, until such time as the Building Inspector has determined the premises are suitable for re-occupancy as provided in Subsection (4) below.
4.
Conditions required for re-occupancy. The Building
Inspector shall not allow re-occupancy of the premises until the dangerous
condition in the premises caused by the manufacture or storage of
controlled substance has been cured. In determining whether or not
the premises are suitable for re-occupancy, the Building Inspector
may rely upon:
a.
Guidelines relating to cleanup by the Missouri Department of Health
and Senior Services, or other State agency relating to cleanup procedures
and the Building Inspector's inspection of the premises reflecting
that said procedures were followed.
b.
Report from an independent laboratory certified to inspect the premises
stating that the premises are fit for re-occupancy.
c.
Report from a State agency, such as the Division of Family Services
or the Division of Aging, that the premises may be re-occupied.
5.
Affidavit and waiver. Prior to allowing re-occupancy
of the premises, the owner shall sign an affidavit and waiver stating
the site has been cleaned up pursuant to the guidelines by the Missouri
Department of Health and Senior Services or as directed by the Division
of Family Services, Division of Aging or other appropriate State agencies,
and releasing the City from all liability caused to the owner, his
invitees, guests and assigns arising from any injuries or illnesses
caused by inadequate cleanup of the site. If the owner elects not
to have a certified independent laboratory clean up the site, the
owner shall acknowledge in writing that he has waived the opportunity
to have a certified independent laboratory clean the site.
6.
Administrative hearing. Any owner or tenant who
feels he has been improperly denied re-occupancy of the premises shall
be entitled to an administrative hearing before the City Council,
upon written notice, which shall be delivered to the City Clerk, which
hearing shall be granted within two (2) business days after receipt
thereof. At the administrative hearing, the owner, tenant, Building
Inspector and any other interested persons shall be allowed to present
evidence as to the habitability of the premises. Any person aggrieved
by the decision of the City Council may appeal the determination to
the Circuit Court.
7.
Penalty for non-compliance. Until the premises are certified by the Building Inspector to be eligible for re-occupancy, any person who occupies the premises, except for the purpose of cleanup and inspection or denies the Building Inspector reasonable access to the property as provided by Subsection (3) above, shall be guilty of misdemeanor, punishable under Section 110.010 of the Scott City Code.
[CC §41.110; Ord. No. 774 §1, 3-21-2005]
In the event any building or structure is wrongfully demolished
by this City, or is demolished without adhering to the procedures
provided in this Chapter, the City shall be liable for damages as
determined by a court of law in a suit brought by the party so damaged.
[Ord. No. 689 §9, 7-16-2001; Ord. No. 774 §1, 3-21-2005; Ord. No. 1139, 10-1-2018]
No person shall demolish any building or structure without first
submitting an application to the Building Inspector specifying the
building or structure to be demolished, the method of demolition,
the contractor or person(s) who will perform said demolition and the
time frame for said demolition. All sewer and water lines and all
public utilities servicing the building to be demolished, shall be
permanently disconnected and capped by the contractor pursuant to
direction of the director of public works. Said sewer and water lines
and public utilities shall be inspected by the Director of Public
Works, prior to the contractor to covering the same. No personal shall
demolish any structure or building without first obtaining a permit
from the Building Inspector. The charge for each demolition permit
shall be twenty-five dollars ($25.00).
