[R.O. 2006 §515.010]
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 Osage Beach, Missouri.
[R.O. 2006 §515.030]
All dangerous buildings or structures, as defined by Section
515.020 of this Chapter, are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as provided herein.
[R.O. 2006 §515.040; Ord. No. 21.43, 8-5-2021]
A. The
following standards shall be followed in substance by the Building
Official or Building Inspector in ordering repair, vacation or demolition
of any dangerous building.
1. If the dangerous building can reasonably 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 the public or its occupants,
it shall be ordered to be vacated and repaired. An order to vacate
and repair (or demolish) may include a requirement to close and secure
any or all openings when necessary to protect citizens prior to repair
(or demolition). When the Building Official deems it necessary:
a. Exterior openings are to be closed as approved by the Building Official.
b. Material missing or broken shall be replaced by similar construction
or may be replaced by solid wood construction of exterior grade plywood
at least one-half (1/2) inch thick or by equivalent materials approved
by the Building Official. Particle board, wafer board, Masonite or
other similar materials shall not be used for the purpose of securing
a structure.
c. Any material used to close openings in exterior walls of open buildings
shall be installed in a workmanlike manner in accordance with recognized
standards of the construction industry.
d. All loose and hanging exterior parts shall be removed.
e. All debris shall be removed from the interior and exterior of the
premises.
f. The property shall be maintained in accordance with the requirements
of this chapter.
g. Any person notified to close and secure under this Subsection shall
secure the building within 10 days.
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 where 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.
[R.O. 2006 §515.100]
Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Camden/Miller County, may appeal such decision to the Circuit Court of Camden/Miller County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section
515.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[R.O. 2006 §515.110]
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Official shall report such facts and the Building Official may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections
515.080 and
515.090.
[R.O. 2006 §515.120]
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 Official or who shall
fail to proceed continuously without unnecessary delay; and any person
removing any notices provided for in this Chapter; and any person
violating any other provisions of this Chapter shall be guilty of
an ordinance violation and upon conviction thereof, shall be fined
not more than five hundred dollars ($500.00). Each day that a person
fails to comply with an order of the Building Official may be deemed
a separate offense.