[Ord. No. 451-C §1, 10-20-1997]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this Chapter shall apply to all dangerous
buildings, as herein defined, that now are in existence or that may
hereafter exist in the City of Canton, Missouri.
[Ord. No. 451-C §2, 10-20-1997]
All buildings that are detrimental to the health, safety or
welfare of the residents of the City of Canton, Missouri, and that
have any or all of the following defects, shall be deemed "dangerous
buildings":
CITY OF CANTON
All references in this Chapter to "City" or "the City" shall mean the City of Canton, Lewis
County, Missouri.
DANGEROUS BUILDINGS DEFINED
1.
Those with interior walls or other vertical structural members
that list, lean or buckle to such an extent that a plumb line passing
through the center of gravity falls outside the middle third (1/3)
of its base.
2.
Those that, exclusive of the foundation, show thirty-three percent
(33%) or more damage or deterioration of the supporting member or
members or fifty percent (50%) damage or deterioration of the non-supporting,
enclosing or outside walls or covering.
3.
Those that have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or have insufficient
strength to be reasonably safe for the purpose used.
4.
Those that have been damaged by fire, wind or other causes so
as to become dangerous to life, safety or the general health and welfare
of the occupants or the people of the City.
5.
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.
6.
Those having light, air and sanitary facilities that 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 adequate means of evacuation.
8.
Those that have parts thereof that are so attached that they
may fall and injure members of the public or property.
9.
Those that, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this City.
[Ord. No. 451-C §3, 10-20-1997]
All dangerous buildings, as defined by Section
505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 451-C §4, 10-20-1997]
A. The following
standards shall be followed in substance by the Building Inspector
and the Building Commissioner in ordering repair, vacation or demolition
of any dangerous building:
1. If the
dangerous building reasonably can be repaired so that it no longer
will exist in violation of the terms of this Chapter, it shall be
ordered repaired.
2. If the
dangerous 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 all
cases where a building cannot be repaired so that it no longer will
exist in violation of the terms of this Chapter, it shall be demolished.
4. In all
cases were a dangerous building is a fire hazard, existing or erected
in violation of the terms of this Chapter or any ordinance of this
City or Statute of the State of Missouri, it shall be repaired or
demolished.
[Ord. No. 451-C §5, 10-20-1997]
The Building Inspector appointed by the Mayor of the City of
Canton, Missouri, shall be the Building Inspector within the meaning
of this Chapter.
[Ord. No. 451-C §6, 10-20-1997]
A. The Building
Inspector shall have the duty under this Chapter to:
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 for the purpose of determining whether
any conditions exist that render such places a dangerous building
when the Building Inspector has reasonable grounds to believe that
any such building is dangerous.
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, and the Building Inspector
determines that there are reasonable grounds to believe that such
building is dangerous.
3. Inspect
any building, wall or structure reported by the Fire or Police Department
of this City as probably existing in violation of this Chapter.
4. Notify in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, then service may be had 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 Lewis County, Missouri, of any building found by him/her to be a dangerous building within the standards set forth in Section
505.020.
The notice required shall state that:
a. The
owner must vacate, vacate and repair, or vacate and demolish said
building and clean up the lot or property on which the building is
located in accordance with the terms of the notice and this Chapter;
b. The
occupant or lessee must vacate said building or have it repaired in
accordance with the notice and remain in possession;
c. The
mortgagee, agent or other person having an interest in said building
as shown by the land records of the Recorder of Deeds of Lewis County,
Missouri, may, at his/her own risk, repair, vacate or demolish the
building and clean up the property or have such work done, provided
that any person notified under this Subsection to repair, vacate or
demolish any building or clean up the property shall be given such
reasonable time not exceeding thirty (30) days to commence the required
work.
5. The
notice provided for in this Section shall state a description of the
building or structure deemed dangerous, a statement of the particulars
that make the building or structure a dangerous buildings and an order
requiring the designated work to be commenced within the time provided
for in the above Subsection.
6. Report
in writing to the City Building Commissioner the non-compliance with
any notice to vacate, repair, demolish, clean up the property, or
upon the failure to proceed continuously with the work without unnecessary
delay.
7. Appear
at all hearings conducted by the Building Commissioner and testify
as to the condition of dangerous buildings.
8. Immediately
report to the Building Commissioner concerning any building found
by the Building Inspector to be inherently dangerous and that the
Building Inspector determines to be a nuisance per se. The Building
Commissioner may direct that such building be marked or posted with
a written notice reading substantially as follows:
"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that 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 Lewis County, Missouri.
It is unlawful to remove this notice until such notice is complied
with."
Provided however, that the order by the Building Commissioner
and 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.
[Ord. No. 451-C §7, 10-20-1997]
The Mayor shall act as Building Commissioner under this Chapter.
[Ord. No. 451-C §8, 10-20-1997]
A. The Building
Commissioner shall have the power pursuant to this Chapter to:
1. Supervise
all inspections required by this Chapter and cause the Building Inspector
to make inspections and perform all the duties required of the Building
Inspector by this Chapter. Upon receiving a complaint or report from
any source that a dangerous building exists in the City, the building
shall cause an inspection to be made forthwith. If the Building Commissioner
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, the Building Commissioner may request an inspection
and report be made by any other City department or retain services
of an expert whenever the Building Commissioner deems such service
necessary.
2. Upon
receipt of a report from the Building Inspector indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person or
persons having interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without unnecessary delay, the Building
Commissioner shall hold a hearing giving the affected parties full
and adequate hearing on the matter.
3. Written
notice, either by personal service or by certified mail, return receipt
requested, or by publication for two (2) successive weeks in a newspaper
qualified to publish legal notices, at least ten (10) days in advance
of a hearing date, to the owner, occupant, mortgagee, lessee, agent
and all other persons having an interest in said building as shown
by the land records of Recorder of Deeds for Lewis County, Missouri,
to appear before the Building Commissioner on the date specified in
the notice to show cause why the building or structure reported to
be a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Building
Inspector's notice as provided herein.
4. Any
party may be represented by counsel and all parties shall have an
opportunity to be heard.
5. Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section
505.020.
6. If the
evidence supports a finding based upon competent and substantial evidence
that the building or structure is a dangerous building, the Building
Commissioner shall issue an order based on the findings of fact commanding
the owner, occupant, mortgagee, lessee, agent or other person or persons
having an interest in said building as shown by the land records of
Lewis County, Missouri, to repair, vacate or demolish any building
found to be a dangerous building and to clean up the property, provided
that any person so notified shall have the privilege of either repairing
or vacating and repairing said building 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 Lewis
County, Missouri, may vacate and demolish said dangerous building
at his/her own risk to prevent the acquiring by the City of the lien
against the land where the dangerous building stands. If the evidence
does not support a finding that a building or structure is a dangerous
building, no order shall be issued.
7. If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City for such repair, vacation or demolition or clean up to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner or owners unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Subsection
(6) of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of eight percent (8%) per annum until paid.
8. As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty, if an order is issued by the Building Commissioner as provided in Subsection
(5) of this Section, and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner or owners. 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 Subsections (a) and (b) of 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:
a. 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.
b. The City shall release the proceeds and any interest that has accrued on such proceeds received under Subsection
(a) of this Subsection to the insured as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceeds under the provisions of Subsection
(5) of this Section. If the City has proceeded under the provisions of Subsection
(5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection
(5) of this Section for the removal, securing, repair and cleanup of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
9. If there are no proceeds of any insurance policy as set forth in Subsection
(6) 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 date of its issuance shall be a lien on the property and a personal debt against the property owner or owners until paid.
10. Subsection
(6) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
11. Subsection
(6) of 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.
12. The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Subsection
(6) 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
(6) 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. 451-C §9, 10-20-1997]
Any owner, occupant, lessee, mortgagee, agent or other person
or persons having an interest in a dangerous building as shown by
the land records of Lewis County, Missouri, may within thirty (30)
days from the receipt of the order of the Building Commissioner appeal
such decision to the Circuit Court of Lewis County, Missouri, pursuant
to the procedure established in Chapter 536, RSMo.
[Ord. No. 451-C §10, 10-20-1997]
In cases where it reasonably appears that there is immediate
danger to the health, life or safety of any person unless a dangerous
building, as defined herein, is immediately repaired, vacated or demolished
and the property is cleaned up, the Building Inspector shall report
such facts to the Building Commissioner and the Building Commissioner
may cause the immediate repair, vacation or demolition of such dangerous
building and cleanup of the property. The cost of such emergency repair,
vacation or demolition of such dangerous building shall be collected
in the same manner as provided in Section 505.080(5).
[Ord. No. 451-C §11, 10-20-1997]
A. The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section
100.220 of the City Code.
B. Any person removing any notices provided for in this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Section
100.220 of the City Code.
[Ord. No. 451-C §12, 10-20-1997]
Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided for in Section
100.220 of the City Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.