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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2008 §160.100; Ord. No. 1013, 5-9-1972]
A. 
All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
1. 
Those whose interior walls or other vertical structural members lift, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
2. 
Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
3. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
4. 
Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the City of Olivette, Missouri.
5. 
Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those occupying such building.
6. 
Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live herein.
7. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
8. 
Those which have parts thereof which are so attached that they may fall or injure members of the public or property.
9. 
Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
[R.O. 2008 §160.110; Ord. No. 1013, 5-9-1972]
All dangerous buildings, as herein defined, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[R.O. 2008 §160.120; Ord. No. 1013, 5-9-1972]
A. 
The following standards shall determine whether a building or structure shall be ordered to be repaired, vacated or demolished under the terms of this Chapter.
1. 
If the "dangerous building" can be reasonably repaired so that it does not constitute a dangerous building as herein defined, 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, but it is reasonably capable of being repaired so that it will not constitute a dangerous building, it shall be ordered to be vacated and repaired.
3. 
If the "dangerous building" cannot be reasonably repaired so that it will not constitute a dangerous building as herein defined, it shall be ordered to be demolished.
[R.O. 2008 §160.130; Ord. No. 1013, 5-9-1972]
A. 
It shall be the duty of the Building Official to inspect or cause to be inspected any building or structure within the City, as often as he/she may determine to be necessary, for the purpose of determining whether any conditions exist which render such building or structure a dangerous building as herein defined.
B. 
If the Building Official determines after inspection that a building or structure constitutes a dangerous building, he/she shall notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure as shown by the records of the office of the Recorder of Deeds of St. Louis County that such building or structure constitutes a dangerous building.
1. 
Said notice shall contain a description of the building or structure deemed unsafe, a statement of the particulars which make such building or structure a dangerous building and shall further set forth the order of the Building Official with respect to such building or structure, as to vacation, repair and demolition, including the designation of a reasonable time to cause said work as designated in said notice to be performed.
2. 
Said notice shall be served 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 by publication and posting of the property.
[R.O. 2008 §160.140; Ord. No. 1013, 5-9-1972]
Upon failure to commence the work of repair or demolition or upon failure to proceed continuously with the work without unnecessary delay as provided to be done in said notice, the Building Official shall notify the City Council and the Council shall call and have a full and adequate hearing upon the matter, giving notice to the parties and in the manner specified hereinabove with respect to the notice by the Building Official, at least twenty-one (21) days' notice to be given. Any party may be represented by counsel and all parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Olivette, the City Council shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the buildings or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City of Olivette and ordering the building or structure to be demolished and removed or repaired. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City of Olivette, no order shall be issued.
[R.O. 2008 §160.150; Ord. No. 1013, 5-9-1972]
Any owner, occupant, lessee, mortgagee, agent and any other person having an interest in a dangerous building, as shown by the records of the office of the Recorder of Deeds of St. Louis County, may appeal the order and determination of the City Council to the St. Louis County Circuit Court pursuant to the procedure of Chapter 536, RSMo.
[R.O. 2008 §160.160; Ord. No. 1013, 5-9-1972]
If the City Council shall enter its order directing the building or structure to be demolished and removed or repaired and the owner, occupant, mortgagee or lessee fails to comply with such order within thirty (30) days of its issuance, the Building Official of the City of Olivette shall cause all of the work directed to be performed in said order to be undertaken and completed and the cost of performance shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected. At the request of the taxpayer, the tax bill may be paid in equal installments over a period of not more than ten (10) years. The tax bill from date of issuance shall be a lien on the property until paid and shall bear interest at the rate of eight percent (8%) per annum until paid.
[R.O. 2008 §160.170; Ord. No. 1013, 5-9-1972]
In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, the Building Official may take emergency measures to vacate and repair or demolish a dangerous building or structure, provided that written notice shall be given to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building or structure as promptly as possible. The cost of any such emergency work shall be collected in the same manner as hereinabove provided.
[R.O. 2008 §160.180; Ord. No. 1013, 5-9-1972]
The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish such building issued hereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to penalties provided for violation of City ordinances. Each day such violation shall continue shall be deemed a separate offense.