[R.O. 1997 § 215.140; Ord. No. 1200 § 1, 9-12-2005; Ord. No. 1607 § 1, 3-23-2009]
A.
The Director shall:
1.
Inspect or cause to be inspected any building or structure about which written complaints are filed by any person alleging the building or structure contains any of the conditions described in Section 215.050(A)(25).
2.
Inspect or cause to be inspected any building or structure reported by any department of the City, any City Official or fire district officer who has reason to believe the building or structure has any of the conditions set forth in Section 215.050(A)(25).
3.
Inspect or cause to be inspected any building or structure in the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 215.050(A)(25).
4.
Determine in any case where inspection shows that a building or structure has any of the conditions referred to in Section 215.050(A)(25) and, if it does so reasonably appear there is immediate danger as aforesaid, the Director shall immediately post upon the building or structure a notice reading as follows:
THIS BUILDING OR STRUCTURE HAS BEEN
FOUND TO BE A PUBLIC NUISANCE BY THE CITY OF WILDWOOD. IT ALSO REASONABLY
APPEARS 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 INTO COMPLIANCE
WITH THE ORDINANCES OF THE CITY OF WILDWOOD, MISSOURI. IT IS UNLAWFUL
TO REMOVE OR DEFACE THIS NOTICE UNTIL SUCH COMPLIANCE HAS OCCURRED.
ANYONE REMOVING OR DEFACING THIS NOTICE IS SUBJECT TO A FINE AND IMPRISONMENT
AS SET OUT IN SECTION 100.140 OF THE MUNICIPAL CODE.
[R.O. 1997 § 215.150; Ord. No. 1200 § 1, 9-12-2005]
Whenever the Director shall deem
it advisable, he/she may also request inspections be made by the fire
district, or any 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 Director, if he/she 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.
[R.O. 1997 § 215.160; Ord. No. 1200 § 1, 9-12-2005]
A.
Whenever the Director has determined that any building or structure is a public nuisance under the provisions of this Article, he/she shall as soon as possible thereafter notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building, as shown by the St. Louis County Recorder of Deeds, 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 215.050(A)(25). The notice shall also provide for abatement of the nuisance by ordering the building or structure to be vacated if such is the case, reconditioned or removed, giving thirty (30) days for commencement of the work and requiring the work to proceed continuously without unnecessary delay. The Director may extend the above time limit at his/her discretion.
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 as shown by the Recorder of Deeds for the County.
The notice shall be served, if the party or parties to be served reside
in the City, by handing the same to the person to be served by anyone
competent to be a witness or by leaving the notice at the usual place
of abode of the one to be served with a member of the household over
the age of fifteen (15) years or by certified mail, return receipt
requested. If the person to be served shall not reside in the City
or shall have absented himself/herself from the City or concealed
himself/herself so that personal service may not be made as herein
provided for and if his/her address shall be known, then service shall
be made by certified mail, return receipt requested; but if his/her
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 in a newspaper of general circulation qualified to publish
legal notice, as defined by the Revised Statutes of Missouri, 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 ten (10) days from the date of publication of the notice.
[R.O. 1997 § 215.170; Ord. No. 1200 § 1, 9-12-2005]
A.
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/her order as to necessary actions to abate the nuisance by
observation of the following standards:
1.
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.
2.
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.
3.
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 the Article, the
building or structure shall be demolished.
4.
In any case where the conditions
constituting the public nuisance are such 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.
5.
Any building or structure constituting a public nuisance because of the conditions prescribed in Section 215.050(A)(25)(l) 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.
6.
Any building or structure found to be a public nuisance because of the conditions described in Section 215.050(A)(25)(m) shall be ordered demolished.
[R.O. 1997 § 215.180; Ord. No. 1200 § 1, 9-12-2005]
A.
Whenever there shall be a failure to obey a notice to abate a dangerous building or structure pursuant to this Article IV by not commencing work in the time specified in such notice, or there shall be a failure to proceed continuously without unnecessary delay, the City Administrator, or a designee so selected in his/her absence, 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. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present 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 procedures required by
this Article shall have been substantially followed; and
3.
Whether or not the abatement order
of the Director was reasonable and within the standards of this Article.
B.
The testimony shall be under oath, which
may be administered by the City Administrator, or a designee so selected
in his/her absence, or court reporter and a written record of the
hearing shall be by said 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
of land or parcel of ground 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.
C.
In lieu of a written record of the hearing,
the City Administrator, or a designee so selected in his/her absence,
may order that all testimony be recorded on a cassette tape, digital
or other recorder and the recording be 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.
[R.O. 1997 § 215.190; Ord. No. 1200 § 1, 9-12-2005]
Within thirty (30) days from the date of the hearing required by Section 215.180, the City Administrator 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 constitutes the nuisance. If it is found 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 Director 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 City Administrator to make his/her own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the City Administrator finds the 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. Also included in the findings, if a nuisance is determined to exist, the City Administrator shall set a maximum number of business days allowed for appeal of the findings on the part of the owner or party subject to said action. The length of time for said appeal shall be based upon the individual circumstances relating to the case as determined by the City Administrator.
[R.O. 1997 § 215.200; Ord. No. 1200 § 1, 9-12-2005]
If a proceeding is not dismissed following the findings required by Section 215.190, the City Administrator shall issue an order directing the building or structure to be completed, repaired or demolished, and vacated as the case may be within the standards of this Article. This order, together with the findings of fact and conclusions of law, shall be immediately delivered or mailed to each party to the hearing or to his/her attorney of record. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in City Hall. The order shall state a reasonable time 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 City Administrator shall cause the work to be done by the City or by contractors employed by the City for that purpose.
[R.O. 1997 § 215.210; Ord. No. 1200 § 1, 9-12-2005]
A.
Whenever the City shall have caused the
work to be done, the Director shall certify the cost of the work to
the City Clerk who shall cause a special tax bill therefor, and for
the cost of the reporter at the hearing which shall be likewise certified
by the Director, to be issued against the lot, tract of land or parcel
of ground upon which the building or structure is located. The tax
bill from date of its issuance shall be deemed a personal debt against
the property owner and shall also be a lien on the property until
paid and shall be registered in the office of the Collector of the
City.
B.
Notwithstanding any other provisions of
this Section, 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 payment of twenty-five percent (25%) of
the insurance proceeds shall be paid to the City. This Subsection
shall apply only to a covered claim payment which is in excess of
fifty percent (50%) of the face value of the policy covering a building
or other structure:
1.
The insurer shall withhold from the
covered claim payment 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 the ordinance.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(1) of this Section to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of this Section. If the City proceeded under the provisions of this Section, all monies in excess of that necessary to comply with the provisions 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.
3.
This Subsection shall apply to fire,
explosion or other casualty loss claims arising on all buildings and
structures.
4.
This Subsection 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.
C.
If there are no proceeds of any insurance
policy as set forth herein, at the written request of the taxpayer
delivered to the City Clerk, a tax bill for repair or demolition of
a building or structure may be paid in ten (10) equal annual 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 nine percent (9%) 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 remaining
balance of the tax bill shall immediately become due and payable.
The tax bill from the date of its issuance shall be a lien on the
property until paid.
D.
If request for ten (10) annual payments
is not made prior to the time the Director shall certify the cost
of the work to the City Clerk, the tax bill shall be due and payable
in sixty (60) days from its date of issuance with interest thereon
at nine percent (9%) per annum until paid.
E.
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 and property owner for
the charges stated in the bill and shall be collected if default should
occur by suit brought in the 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.
[R.O. 1997 § 215.220; Ord. No. 1200 § 1, 9-12-2005]
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 City Administrator made under the provisions of Section 215.190. The appeal shall be to the Circuit Court of the County as provided in Chapter 536, RSMo.
[R.O. 1997 § 215.230; Ord. No. 1200 § 1, 9-12-2005]
In all cases where it reasonably
appears that an immediate danger to the health, safety or welfare
of any person exists, the Director may take emergency measures to
vacate, repair or demolish a building or structure which is a public
nuisance under the provisions of this Article.
[R.O. 1997 § 215.240; Ord. No. 1200 § 1, 9-12-2005]
A.
Permit Required. Demolition of any building
or structure may not be undertaken without first having obtained a
demolition permit from the Director.
B.
Fee Schedule. The fee for demolition work
shall be as indicated in the schedule established by the City. In
addition, a cash deposit in an amount determined appropriate by the
Director of Public Works shall be paid to the City Collector in advance
of the demolition of the building or structure as bond to insure the
timely and satisfactory completion of the work in accordance with
the regulations established in this Section as determined by the Director.
C.
Time Limit. Demolition of any building
or structure shall be completed within thirty (30) days of the issuance
of a demolition permit, unless otherwise extended by the Director.
D.
Director To Establish Rules. The Director
is authorized to establish additional regulations to insure the safe
and workmanlike demolition of buildings and structures.
E.
Deposit Forfeiture. If the permittee fails
to complete the demolition within thirty (30) days of permit issuance,
unless otherwise extended by the Director, or fails to complete the
demolition satisfactorily in accordance with the regulations of the
Director, the permittee's deposit shall be forfeited and become the
funds of the City of Wildwood and will be placed in its general fund.
[R.O. 1997 § 215.250; Ord. No. 1200 § 1, 9-12-2005]
No officer, agent or employee of
the City shall be held personally liable for any damage that may occur
to any persons or property as a result of any act required of him/her
or permitted to be taken by him/her 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 the duties described herein
and imposed upon the officers, agents or employees of the City are
duties to be performed for the government of the City.
[R.O. 1997 § 215.260; Ord. No. 1200 § 1, 9-12-2005]
Any person or entity violating any
provision of this Article shall be guilty of an offense and punished
upon conviction thereof by a fine not to exceed one thousand dollars
($1000.00), unless the owner of the property is not also a resident
of the property, then the fine may not exceed two thousand dollars
($2000.00), up to ninety (90) days in jail, or both a fine and confinement.
Each day the violation continues after the time specified in the notice,
each day's continuance thereof shall be deemed to be a separate offense;
either owner, occupant or both may be held liable for each day's offense.
