[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 §515.020]
A.
All
buildings or structures that are detrimental to the health, safety
or welfare of the residents of the City and that have any or all of
the following defects shall be deemed "dangerous buildings":
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 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 that 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, or otherwise detrimental to the health, safety or welfare
of those occupying such building.
[Ord. No. 21.43, 8-5-2021]
6.
Those having light, air and sanitation 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.
[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.
[1]
Editor's Note: Former Section 515.050, Building Official,
which derived from R.O. 2006 § 515.060, was repealed by Ord.
No. 21.43, 8-5-2021.
[R.O. 2006 §515.060]
A.
The
Building Official(s) 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 place
to be a dangerous building when he/she 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
Official 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
Departments of this City as probably existing in violation of this
Chapter.
4.
Notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of Camden/Miller County, of any building or structure found by him/her to be a dangerous building or structure within the standards set forth in Section 515.020. Such notice shall be in writing and shall be given 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) consecutive weeks.
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 persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
Camden/Miller County 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 building,
a statement indicating that as a dangerous building, said building
or structure constitutes a nuisance 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 Official 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 Official and testify
as to the condition of dangerous buildings.
8.
Direct that such building, found to be inherently dangerous and that
he/she determined to be a nuisance per se, be marked or posted with
a written notice declaring the building to be dangerous and unsafe
for human occupancy or use.
[Ord. No. 21.43, 8-5-2021]
[R.O. 2006 §515.080]
A.
The
Building Official shall have the powers and duties 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 him/her by this Chapter. Upon receiving a complaint or
report from any source that a dangerous building exists in the City,
the Building Official shall cause an inspection to be made forthwith.
If the Building Official deems it necessary to the performance of
his/her duties and responsibilities imposed herein, the Building Official
may request an inspection and report be made by any other City department
or retain services of an expert whenever the Building Official deems
such service necessary.
[Ord. No. 21.43, 8-5-2021]
2.
Upon receipt of a report from the Building Official indicating failure
by the owner, lessee, occupant, mortgagee, agent or other persons(s)
having an 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, hold
a hearing giving the affected parties full and adequate hearing on
the matter.
3.
Give written notice of said hearing, either by personal service or
by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service then, by publication in
a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the 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 the Recorder of Deeds of Camden/Miller
County, who may appear before the Building Official 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
Official's notice as provided herein. Any party may be represented
by counsel and all parties shall have an opportunity to be heard.
4.
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 515.020 of this Chapter.
5.
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building, and
a nuisance and detrimental to the health, safety or welfare of the
residents of the City, the Building Official shall issue an order
based upon its findings of fact commanding the owner, occupant, mortgagee,
lessee, agent or other persons(s) having an interest in said building
as shown by the land records of the Recorder of Deeds of Camden/Miller
County 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 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, or a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Official may cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Official or other designated officer or officers issues an order whereby the building or structure is demolished, secured, or repaired, or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, 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 Section 515.090, 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 the 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. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
[Ord. No. 21.43, 8-5-2021]
[R.O. 2006 §515.090]
A.
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 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:
1.
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.
2.
The City shall release the proceeds and any interest that has accrued on such proceeds received under subdivision (1) of this Subsection 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 Subsection (6) of Section 515.080. If the City has proceeded under the provisions of Subsection (6) of Section 515.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 515.080 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
B.
If there are no proceeds of any insurance policy as set forth in Subsection (A) 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 the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
C.
This
Section shall apply to fire, explosion or other casualty loss claims
arising on all buildings and structures.
D.
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.
E.
The Building Official may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) 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 Official 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 (A) 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.
[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.
