[1]
State Law Reference — See RSMo., § 67.400 et seq., § 71.940 et seq.
[Ord. No. 1025 § 1, 9-13-1973; Ord. No. 1798 § 1, 6-20-1994; Ord. No. 1827 § 1, 11-21-1994]
Pursuant to Section 67.400 et seq., Revised Statutes of Missouri, any building or structure having any of the conditions hereinafter set forth is hereby declared to be detrimental to the health, safety or welfare of the residents of the City and to constitute a public nuisance to-wit:
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passed through the center of gravity of any such wall or vertical structural member falls outside of the middle third of its base.
B. 
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.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the floors or roofs are overloaded, or those having floors or roofs of insufficient strength to be reasonably safe for the purpose for which they are being used or intended to be used.
D. 
Those which have been substantially damaged by fire, wind or other causes.
E. 
Those which are uninhabited and are open at the door, window, wall or roof; and also those which are inhabited and are open at the door, window, wall or roof, except where such opening in the inhabited building or structure is an intended part of the design and construction.
F. 
Those under construction upon which no substantial work shall have been performed for ninety (90) days immediately next to the time that a notice shall issue under Section 5-18.
G. 
Those in the process of demolition upon which no substantial work shall have been performed for a period of fourteen (14) days immediately next to the time a notice shall issue to complete the demolition thereof under Section 5-18.
H. 
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.
I. 
Those condemned as unfit for human habitation under general ordinances under the City and upon which no substantial work has been performed to remedy the conditions causing the condemnation thereof for a period of ninety (90) days immediately next to the time a notice shall issue under Section 5-18 for the demolition or repair of the building.
J. 
Those having inadequate facilities for egress in case of fire or panic.
K. 
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.
L. 
Those built in violation of any ordinances of the City or used in violation thereof.
M. 
Those that are so dilapidated, decayed, unsafe, unsanitary or that 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 welfare of those occupying such building.
[1]
State Law Reference — As to demolition or repair of structures constituting a public nuisance, see RSMo., § 67.410(1.)(2).
Cross Reference — As to abatement standards, see § 5-19.
[Ord. No. 1025 § 2, 9-10-1973]
The City Administrator or City Engineer shall:
A. 
Inspect or cause to be inspected any building or structure about which written complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 5-15.
B. 
Inspect any building or structure reported by any department of the City or any City official, who has reason to believe that the building or structure has any of the conditions set forth in Section 5-15.
C. 
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 5-15.
D. 
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 5-15, 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 Mayor thereof. Should the Mayor concur in the finding of the City Administrator or City Engineer that there is immediate danger as aforesaid, the Inspector shall immediately post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by the Mayor of the City of Centralia. It also reasonably appears that this building or structure is an immediate danger to the health, safety or welfare of persons thereabout or therein. This notice is to remain on this building or structure until it is brought in compliance with the ordinances of the City of Centralia, Missouri. It is unlawful to remove this notice until such compliance has occurred."
E. 
Nothing contained in this Subsection shall be construed to deprive any person entitled thereto by this Article of the notice and hearings prescribed herein.
[1]
State Law Reference — As to demolition or repair of structures constituting a public nuisance, see RSMo., § 67.410(1.)(2).
Cross Reference — As to emergency measures to vacate building, see § 5-20.5.
[Ord. No. 1025 § 3, 9-10-1973]
Whenever the Mayor shall deem it advisable, he may also request inspections be made by the Fire Department, or any other department of the City, or by any person who might have knowledge and information useful in the determination of whether a building or structure is a public nuisance or, if so, how it might be alleviated. In addition, the Mayor, if he deems it advisable, may request such an inspection be made by an architect or engineer especially employed by the City for the purpose of that inspection.
[1]
State Law Reference — As to demolition or repair of structures constituting a public nuisance, see RSMo., § 67.410(1.)(2).
[Ord. No. 1025 §§ 4-5, 9-10-1973; Ord. No. 1409 § 1, 12-21-1987]
A. 
Whenever the City Administrator or City Engineer or the Inspector designated in Section 5-17 has determined that any building or structure is a public nuisance under the provisions of this Article, the City Administrator 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 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 condition found in the building or structure so as to constitute the building or structure as a public nuisance under Section 5-15. 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, giving a reasonable time for commencement of the work, and requiring the work to proceed continuously without unnecessary delay.
B. 
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 County, and shall be signed by the City Administrator or on his behalf by an Inspector of dangerous buildings who shall have made an inspection of the building or structure about which the notice is to be given. The notice shall be served, if the party or parties to be served reside in the City or can be found 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 dwelling or usual place of abode of the one to be served with a member of the family over the age of fifteen (15) years. If the interested party is a corporation or partnership located in the City, then the service shall be made by delivering a copy of the notice to an officer, partner or managing or general agent, or by leaving the copy of the notice at any business office of the party with the person having charge thereof, or by delivering a copy of the notice to its registered agent. If the person to be served shall not reside or be located in the City or shall have absented himself from the City or concealed himself so that personal service may not be made as herein provided for and if his address shall be known, then service shall be made by certified mail, return receipt requested; but if his address shall not be known, then service of notice shall be by publication. The publication shall contain the full text of the notice and shall be published at least once each week for four (4) consecutive weeks on the same day of the week in some newspaper of general circulation published in the County, and the time specified in the notice for a hearing to be held, or for the commencement of work or for any other thing to be done shall be at least forty-five (45) days from the date of the first publication of notice. Where service of notice is by publication, a courtesy notice including the text of the published notice may be posted on the dangerous building by the City Administrator or by the Dangerous Building Inspector, which shall be construed to be notice in addition to that required by State law.
[1]
State Law Reference — See RSMo., § 67.410(1.)(3).
Cross Reference — See §§ 5-15, 5-19 and 5-20.
[Ord. No. 1025 § 6, 9-10-1973]
Whenever a notice shall be given that any building or structure constitutes a public nuisance under the provisions of this Article the party responsible for giving the notice shall base his order as to the necessary actions to abate the nuisance by observance of the following standards:
A. 
If the condition or conditions which cause the building or structure to be a public nuisance can 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 so repaired or maintained.
B. 
If the conditions are such as to make the building or structure immediately dangerous to the health, safety or welfare of its occupants, the building or structure shall be ordered vacated pending abatement of the nuisance.
C. 
In all cases where the conditions causing the building or structure to be a public nuisance 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 demolished.
D. 
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 by demolition.
E. 
Any building or structure constituting a public nuisance because of the conditions described in Subsection (F) of Section 5-15 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 by demolition.
F. 
Any building or structure found to be a public nuisance because of the conditions described in Subsection (G) of Section 5-15 shall be ordered demolished.
[1]
Cross Reference — See §§ 5-15, 5-16, 5-18, 5-20.1 and 5-20.5.
[Ord. No. 1025 § 7, 9-10-1973; Ord. No. 1045 § 1, 8-12-1974; Ord. No. 1409 § 2, 12-21-1987; Ord. No. 1810 § 1, 9-19-1994]
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 5-18 by not commencing work in the time specified in such notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the Mayor 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. The affected parties are 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 County. The written notice shall include a statement that the parties may be represented by attorneys, and that they should be prepared to present witnesses on their behalf and to offer testimony as to why the building or structure should or should not be declared a dangerous building and a public nuisance under the provisions of this Article. 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 Dangerous Building Inspector was reasonable and within the standards of this Article.
All testimony shall be under oath, which may be administered by the Mayor 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 costs of performance for demolition or repair in the event the City shall be required to do so, and payable as provided for such costs. In lieu of a written record of the hearing, the Mayor may order that all testimony be recorded on a cassette tape recorder, and the tape thereof preserved and if needed subsequently transcribed, which record then shall be admissible and used for all purposes the same as a transcript reported by a reporter.
[1]
State Law Reference — See RSMo., § 67.410(1.)(4).
[Ord. No. 1025 § 8, 9-10-1973]
Within thirty (30) days from the date of the hearing required by Section 5-20, the Mayor 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, or welfare of 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 Inspector of Dangerous Buildings 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 Mayor to make his own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the Mayor finds that a public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceeding against the building or structure shall be dismissed.
[1]
State Law Reference — See RSMo., § 67.410(1.)(4).
[Ord. No. 1025 § 9, 9-10-1973; Ord. No. 1810 § 2, 9-19-1994]
If the proceeding is not dismissed following the findings required by Section 5-20.1, the Mayor shall issue an order directing the building or structure to be completed, repaired or demolished, and vacated as the case may be, and the property cleaned up, if applicable, within the standards of this Article. This order together with the findings of fact and conclusions of law required by Section 5-20.1 shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his 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 Mayor for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time, which shall not be less than thirty (30) days from the date of issuance, within which to comply with the order, and shall further provide that if it is not complied with within such time, the Mayor shall cause the work to be done by the City and its own crews or by contractors employed by the City for that purpose.
[1]
State Law Reference — See RSMo., § 67.410(1.)(4).
[Ord. No. 1025 §§ 10-11, 9-10-1973; Ord. No. 1409 § 3, 12-21-1987; Ord. No. 1598 § 1, 2-18-1991; Ord. No. 1810 § 3, 9-19-1994]
A. 
Whenever the City shall have caused the work to be done as provided in Section 5-20.2, other than by a contractor employed by the City who files a mechanic's lien against the property where the dangerous building is located, the Mayor shall certify the cost of the work to the City Clerk who shall cause to be prepared a special tax bill or assessment therefor and for the cost of the reporter at the hearing which shall be likewise certified by the Mayor. The tax bill or assessment shall be issued against the lot, tract or parcel of land upon which the building or structure is located. The special tax bill or assessment, from the date of its issuance, shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Collector of the City in a book kept by him for such purposes. If an order is issued by the Mayor, as provided for in Section 5-20.2, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner from the date of its issuance.
B. 
At the written request of the taxpayer delivered to the City Clerk, a tax bill for repair or demolition of a building or structure and cleanup of the property may be paid in ten (10) equal 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 at the rate of eight percent (8%) per annum 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 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 Mayor 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 eight percent (8%) per annum until paid.
D. 
Tax bills issued under this Section shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of 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 the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
[1]
State Law Reference — See RSMo., § 67.410 (1.)(5).
[Ord. No. 1025 § 12, 9-10-1973; Ord. No. 1409 § 4, 12-21-1987; Ord. No. 1810 § 4, 9-19-1994]
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 Mayor made under the provision of Section 5-20.2. The appeal shall be to the Circuit Court of the County as established in Chapter 536 of the Revised Statutes of Missouri and in accordance with Section 67.430 of the Revised Statutes of Missouri.
[1]
State Law Reference — See RSMo., § 67.430.
[Ord. No. 1025 § 13, 9-10-1973]
In all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the Mayor may take emergency measures to vacate, repair or demolish a building or structure which is a public nuisance under the provisions of this Article.
[1]
State Law Reference — See RSMo., § 67.440.
Cross Reference — See §§ 5-16 and 5-19.
[Ord. No. 1025 § 14, 9-10-1973]
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 or permitted to be taken by him 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 Attorney 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.
[1]
State Law Reference — See RSMo., § 67.450.
[Ord. No. 1025 § 15, 9-10-1973; Ord. No. 1409 § 5, 12-21-1987; Ord. No. 1810 § 5, 9-19-1994]
A. 
If the occupant of any building or structure shall fail to vacate such building or structure within the time specified by a notice issued under Section 5-18, he shall be guilty of a misdemeanor and punished upon conviction thereof as provided in Subsection (E) of this Section. Each day after the time specified by notice the occupant of any building or structure shall fail to vacate, shall be a separate offense.
B. 
If the owner of any building or structure shall fail to comply with the notice of declaration of nuisance referred to in Section 5-18 within a reasonable time or shall fail to proceed continuously, without unnecessary delay, with the work required to abate the nuisance as set forth in the notice, he shall be guilty of a misdemeanor and shall be punished upon conviction thereof as provided in Subsection (E) of this Section.
C. 
If the owner, occupant or lessee of any building or structure shall fail to comply with an order of the Mayor made pursuant to authority set forth in Section 5-20, Section 5-20.1 and Section 5-20.2, or shall fail to proceed continuously, without unnecessary delay, with the work required by an order of the Mayor, he shall be guilty of a misdemeanor and shall be punished upon conviction thereof as provided in Subsection (E) of this Section.
D. 
Any person who hinders, threatens or interferes with the City Administrator or City Engineer or any other person while any such person is inspecting a building or structure, or with City employees or independent contractors hired by the City while such persons are performing work on a building or structure pursuant to the provisions of this Article shall be guilty of a misdemeanor and shall be punished upon conviction thereof as provided in Subsection (E) of this Section.
E. 
Any person who is convicted of violating any of the provisions of this Section shall be punished by a fine of not more than one thousand dollars ($1,000.00), unless the person convicted is an owner of the property where the building or structure that relates to the violation of any of the provisions of this Section is located and is not a resident of that property, in which case the convicted nonresident owner shall be punished by a fine of not more than two thousand dollars ($2,000.00). In addition to such fines or instead of such fines, any person who is convicted of violating any of the provisions of this Section is also subject to being punished by imprisonment for a period of not more than ninety (90) days.
F. 
The imposition of penalties prescribed in this Section shall not preclude the City from instituting appropriate legal action and/or seeking other appropriate legal remedies authorized in this Article and elsewhere in this Code, including equitable and extraordinary remedies and including enforcing orders providing for vacation, demolition, repair or maintenance of buildings or structures declared to be a public nuisance under this Article.
[1]
State Law Reference — See RSMo., §§ 67.410(7) and 67.420.
Cross Reference — As to general penalty, see § 1-7.
[Ord. No. 1409 § 6, 12-21-1987; Ord. No. 1810 § 6, 9-19-1994]
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 for such damage or loss is in excess of fifty percent (50%) of the face value of the policy on such building or other structure, then the following procedure shall apply:
A. 
The insurer for such building or structure 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, removal, repair or clean-up of such building as a dangerous building and the property relating thereto pursuant to this Article, the moneys 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. Where such tax bill is issued for the cost of demolition or clean-up required by damage or loss to a building or other structure arising out of any fire, explosion or other casualty loss, the debt shall be deemed a personal debt against the property owner.
B. 
If within thirty (30) days of the receipt of such insurance moneys the City has not instituted legal proceedings by issuance of the order provided for in Section 5-20.2, then the City shall release such proceeds and any interest which has accrued on such proceeds to the insured under the insurance policy or as the terms of the policy including any endorsements thereto provide. If the City has instituted legal proceedings as specified in this Subsection within thirty (30) days of or before the receipt of such insurance moneys, all moneys in excess of that necessary to comply with any order issued under this Article for the removal, repair and clean-up of the building or structure and the property relating thereto, less salvage value, shall be paid to the insured.
C. 
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, clean-up, 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 payable to the City as provided in this Section. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this Subsection.
D. 
No provision of this Section shall be construed to make the City a party to any insurance contract.
[1]
State Law Reference — As to proceeds of insurance policy, see RSMo., § 67.410(2).