[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.
