[CC 1997 Ch. 7, Art. V; Ord. No. 2776-96, 7-17-1996]
The purpose of this Chapter is to provide for vacation, repair
or demolition of any structure or part thereof within the City, which
is detrimental to the health, safety or welfare of its residents and
which is declared to be a public nuisance.
[CC 1997 §7.47; Ord. No. 2776-96, 7-17-1996]
A.
When
any structure has become so damaged by fire, wind or other causes,
or has become so unsafe, unhealthful or unsanitary that, in the opinion
of the Director and concurred in by the City Manager, life or health
is immediately endangered by the occupation of the structure, the
Building Official is hereby authorized and empowered to order and
require the occupants of the structure to vacate immediately, whether
or not a notice of violation has been given as described in this Chapter,
and whether or not legal procedures described by the Hazelwood Municipal
Code have been instituted.
[CC 1997 §7.48; Ord. No. 2776-96, 7-17-1996]
A.
All buildings
or structures shall be deemed dangerous buildings if they have any
or all of the following defects:
1.
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 of the middle third (3rd) of its base.
2.
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.
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.
Damage
by fire, wind or other causes so as to have become dangerous to life,
safety, or the general health and welfare of the occupants or the
people of the City.
5.
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 general welfare of those occupying
such building.
6.
Light,
air and sanitation facilities which are inadequate to protect the
health, safety or general welfare of human beings who live or may
live therein.
7.
Inadequate
facilities for egress in case of fire or panic or those having insufficient
stairways, elevators, fire escapes, or other means of evacuation.
8.
Parts
thereof which are so attached that they may fall and injure people
or damage property.
9.
Conditions,
unsafe, unsanitary, or dangerous to the health, safety or general
welfare of the people of this City.
[CC 1997 §7.49; Ord. No. 2776-96, 7-17-1996]
All dangerous buildings within the meaning of this Code are
hereby declared to be public nuisances, and shall be repaired, reconditioned,
vacated and repaired or vacated and demolished as herein before and
after provided.
[CC 1997 §7.50; Ord. No. 2776-96, 7-17-1996]
A.
The following
standards shall be followed in substance by the Building Inspector
and the Director in ordering repair, vacation or demolition:
1.
If the
dangerous building can reasonably be 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, it shall be
ordered to be vacated and repaired or demolished.
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. If the Director determines that the cost of repairs
would exceed one hundred percent (100%) of the current value of the
building, such repairs shall be presumed unreasonable.
[CC 1997 §7.51; Ord. No. 2776-96, 7-17-1996]
A.
It shall
be the duty of the Director to inspect or cause to be inspected, any
building or structure within the City, as often as he may deem 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
Director determines after inspection that a building or structure
constitutes a dangerous building, he shall notify in writing the owner,
occupant, lessee, mortgagee, agent, and all other persons having an
interest in such buildings or structures as shown by the records of
the office of the Recorder of Deeds of the County that such building
or structure constitutes a dangerous building.
C.
The notice
shall contain a description of the building or structure deemed unsafe,
a statement of the particulars which make such building a dangerous
building and public nuisance and shall further set forth the order
of the Director 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.
D.
The notice
shall also inform the recipient thereof of the opportunity of a hearing
before the Board of Appeals, upon application to the Director, on
the Director's findings and order with respect to the building or
structure.
E.
The 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, may be by publication and posting of the property.
[CC 1997 §7.52; Ord. No. 2776-96, 7-17-1996]
A.
Upon
application of any interested person receiving notice pursuant to
the provisions of this Chapter, or upon failure to commence the work
or repair or demolition, or upon failure to proceed continuously with
the work without unnecessary delay, as provided to be done in the
required notice, the Director shall notify the Board of Appeals, and
the Board shall call and have a full and adequate hearing upon the
matter, giving the 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.
B.
If the
evidence at the hearing supports a finding that the structure is a
nuisance or detrimental to the health, safety, or welfare of the residents
of the City, the Board of Appeals shall issue an order making specific
findings of fact, based upon competent and substantial evidence, which
shows the building or structure to be a nuisance and detrimental to
the health, safety or welfare of the residents of the City, and ordering
the structure to be vacated, demolished and removed, or repaired within
a specified time. If the evidence does not support a finding that
the structure is a nuisance or detrimental to the health, safety or
welfare of the residents of the City, no order shall be issued.
[CC 1997 §7.53; Ord. No. 2776-96, 7-17-1996]
If the Board of Appeals enters an order directing the building or structure to be demolished, secured, repaired or any debris removed, and the owner, occupant, mortgagee or lessee fails to comply with such order within the time specified in the order provided for in Section 505.070(B) hereof, the Director shall cause all of the work directed to be performed and the order to be undertaken and completed. The cost of performance shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Finance Supervisor, 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 and 429.360, RSMo. Except as provided in Section 505.100, 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 date of its issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid.
[CC 1997 §7.54; Ord. No. 2776-96, 7-17-1996]
When any building or structure has been demolished and removed
by the City, the City shall have the right to sell any salvage or
other valuable materials at the highest price obtainable. The net
proceeds of such sale, after deducting the expenses of demolition
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
for the use of the person who is entitled thereto, subject to any
order of a court. If such a surplus does not remain to be turned over,
the report shall so state.
[CC 1997 §7.55; Ord. No. 2776-96, 7-17-1996]
A.
If there are proceeds of any insurance policy based upon a covered claim payment for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the City may recover up to twenty-five percent (25%) of the insurance proceeds for its costs incurred pursuant to Section 505.080 less any salvage value realized by the City pursuant to Section 505.090, as set forth in Subsections (B)(1) and (B)(2) of this Section.
B.
This
Section 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 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 Section.
2.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (B)(1) 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 cost recovery proceedings under the provisions of Section 505.080. If the City has proceeded under the provisions of Section 505.080, all monies in excess of that necessary to comply with those provisions for the demolition, securing, repair and/or removal of the building or structure, and the lot on which it is located, less salvage value, shall be paid to the insured.
3.
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 date of its issuance shall be deemed a personal debt against the property owner and shall be a lien on the property until paid.
4.
This
Section shall apply to fire, explosion, or other casualty loss claims
arising on all structures.
5.
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.
[CC 1997 §7.56; Ord. No. 2776-96, 7-17-1996]
A.
When,
in the opinion of the Director, it reasonably appears that a dangerous
building, as defined herein, poses an immediate or potential danger
to the health, safety or welfare of any person, the Director may take
emergency measures to vacate the building and to abate, secure, repair
or demolish the dangerous condition. The Director shall order the
necessary work to be done, including the boarding up of openings to
prevent ingress and shall cause such other action to be taken as may
be necessary to meet such emergency.
B.
In the event of such an emergency the Director shall notify interested persons, as promptly as possible, as required in Section 505.060, provided however, the Director shall have the authority to act in accordance with Subsection (A) of this Section regardless of whether such notice was issued or whether review proceedings as established in Section 505.070 have been instituted.
C.
The Director
shall cause to be posted at each entrance to any vacated dangerous
building a notice to read substantially as follows: "This Structure
Is Unsafe And A Public Nuisance And Its Occupancy Has Been Prohibited.
Do Not Enter." It shall be unlawful for any person to enter such a
structure except for the purpose of securing the structure, making
the required repairs, abating the dangerous condition or demolishing
the structure.
[CC 1997 §7.57; Ord. No. 2776-96, 7-17-1996]
In all cases where a building or structure does not meet the standards for dangerous buildings as set forth in Section 505.030, but which constitutes a nuisance to the general public because it is vacant and open to unauthorized entry, the Director may notify the owner to secure the building or structure within forty-eight (48) hours. In the event the owner fails to secure the building or structure in that time, the Director may take whatever measures are necessary to secure the building. The cost of such measures shall be recovered in the same manner as that provided in Section 505.080 hereof.
[CC 1997 §7.58; Ord. No. 2776-96, 7-17-1996]
A.
The following
are the standards to be met when a building is to be secured:
1.
All
doors, windows and other openings shall be locked and secured so as
to prevent access to the building.
2.
In the
event Subparagraph (1) above cannot be accomplished and as a result
the vacant building poses a threat to the health, safety or welfare
of the public, the Director shall order the building openings boarded
up. The building openings shall be secured by the application of a
minimum of one-half (½) inch thick exterior grade plywood.
The plywood shall be adequately attached so as to prevent access to
the building. No building in the City may remain boarded up for more
than fourteen (14) calendar days, except as provided in Subparagraph
(3) below.
3.
In the
event a building is damaged, the owner may appeal to the Director
for an extension to the board-up period not to exceed six (6) months.
If an extension is granted by the Director, the board-up plywood shall
be painted with a neutral color to match the building.
[CC 1997 §7.59; Ord. No. 2776-96, 7-17-1996]
A.
It shall
be unlawful for any person to enter any building or structure which
has been placarded with a notice setting forth the order of the Building
Inspector or the Director requiring the building or structure to be
vacated. This provision shall not apply during the review and appeal
procedure as provided herein and shall not apply to any person employed
in securing or demolishing such building or structure.
B.
The Police
Department may remove any unauthorized person from any such building
or structure and may take all steps necessary to prevent any unauthorized
person from entering such building or structure.
[CC 1997 §7.60; Ord. No. 2776-96, 7-17-1996]
It shall be unlawful for the owner of any building or structure
which is the subject of a compliance order or a notice of violation
to sell, transfer, mortgage, lease or otherwise dispose of it to another,
until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the
grantee, transferee, mortgagee or lessee a true copy of any such compliance
order or notice of violation and shall furnish to the Director a signed
and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
[CC 1997 §7.61; Ord. No. 2776-96, 7-17-1996; Ord. No.
3173-00 §8, 5-17-2000]
A.
The Building
Enforcement Officer is hereby authorized to issue a summons to any
person violating any of the terms of this Chapter, and thereafter
such summons shall be prosecuted as all other violations of the Hazelwood
City Code.
[CC 1997 §7.62; Ord. No. 2776-96, 7-17-1996]
If any Section, paragraph, subparagraph, sentence, clause or
phrase of this Chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Chapter
which shall remain in full force and effect.
[Ord. No. 4249-12 §1, 12-5-2012]
A.
Title. This Section is entitled and may be known as "The
Methamphetamine Contamination Abatement Protocol".
B.
Purpose. The purposes of this Section are:
1.
To adopt
standards for identifying dangerous levels of toxic chemicals and
residue associated with the presence or production of methamphetamine;
and
2.
To establish
protocols whereby the building safety personnel may cooperate with
and rely on law enforcement and emergency agencies when applying property
maintenance and safety standards to order or cause the abatement of
contamination in structures due to the presence or production of methamphetamine.
C.
DEPARTMENT
METHAMPHETAMINE
QUALIFIED COMPANY OR QUALIFIED CONTRACTOR
1.
2.
3.
4.
UNSAFE CONTAMINATION
Definitions. For purposes of this Section, the words or
terms listed below are defined as follows:
The Department of Public Works of the City of Hazelwood.
Dextro methamphetamine, levo methamphetamine, and unidentified
isomers of the same, any racemic mixture of dexto/levo methamphetamine,
or any mixture of unidentified isomers of methamphetamine. The term
includes derivatives, conjugates, oxides and reduced forms of the
basic structure associated with the formation of methamphetamine.
For the purposes of this protocol, this term includes amphetamine,
ephedrine and pseudoephedrine.
A company or contractor that tests structures for the presence
of unsafe contamination and/or abates such unsafe contamination and
that:
Complies with the guidelines of the U.S. Environmental Protection
Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup
(August 2009), and
Complies with the regulations of the Occupational Safety and
Health Administration of the United States Department of Labor relating
to hazardous waste operations and emergency response, including 29
Code of Federal Regulations Section 1910.120, and
Requires that at least one (1) employee or supervisor assigned
to and on duty at any work site shall have completed the forty (40)
hour Hazardous Waste Operations and Emergency Response (HASWOPER)
training [Occupational Safety and Health Administration (OSHA) 29
CFR 1910], and
Requires its personnel to complete a clandestine drug lab assessment
and decontamination course offered by a sponsor acceptable to a regional
drug task force and/or the Department.
The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection (D), below.
D.
Unsafe Contamination. A structure will be considered unsafe
for purposes of the dangerous buildings provisions and Property Maintenance
Code of the City of Hazelwood if it is found to contain any of the
chemicals listed below at exposure limits above the levels listed
below established by the National Institute for Occupational Safety
and Health (NIOSH):
1.
Red
Phosphorus—any amount
2.
Iodine
Crystals C0.1 ppm (1 mg/m3)
3.
Sulfuric
Acid TWA 1 mg/m3
4.
Hydrogen
Chloride C 5 ppm (7 mg/m3)
5.
Hydrochloric
Acid (Hcl gas)—C 5 ppm (7 mg/m3)
6.
Methamphetamine—in
a concentration equal to or greater than 1.5 µgram/100 cm2
7.
Lead
and Mercury—If it is determined that the phenyl-2-propanone
(P2P) method of methamphetamine manufacturing was used, surface levels
for lead in excess of 20 µg/ft2 and vapor samples for Mercury
in excess of 50 ng/m3.
E.
Closure And Abatement Orders Upon Report And Investigation By Law
Enforcement Or Emergency Agencies.
1.
When
a law enforcement or emergency agency reports to the Department that
a structure in the City has been used for the production of methamphetamine
or as a storage facility for methamphetamine or chemicals used in
the manufacturing of methamphetamine, the Department may order that
structure closed pursuant to the emergency measures provided in the
City's dangerous buildings, property maintenance and/or safety codes.
The Department shall rescind such an order if the law enforcement
or emergency agency later reports that after testing and investigation
it has not found unsafe contamination in that structure.
2.
When
a law enforcement or emergency agency reports to the Department that
it has found unsafe contamination in a structure in the City that
has been used for the production of methamphetamine or as a storage
facility for methamphetamine or chemicals used in the manufacturing
of methamphetamine, the Department shall order that structure closed
pursuant to the emergency measures provided in the City's dangerous
buildings, property maintenance and/or safety codes.
F.
Supplementary Notice And Instructions.
1.
While
closure and abatement orders pursuant to the emergency measures provided
in the City's dangerous buildings, property maintenance and/or safety
codes may be posted, the Department shall also attempt to contact
the owner of record of the affected property, or the owner's agent,
by personal service, first class mail or by posting on the property
or publication if mail is returned as undelivered.
2.
Such
notice shall direct the owner to contact the Department within twenty
(20) calendar days to establish a schedule for decontaminating the
structure, and further advise the owner that failure to contact the
Department within that time specified may result in a request to disconnect
utility services in order to ensure that the structure is not re-occupied
until it is decontaminated.
3.
Such
notice shall also inform the owner that if the owner contacts the
Department within the time specified in the notice, the owner may
request to have the structure retested, but such retesting must be
performed as follows.
a.
The
owner must employ the services of a qualified company or contractor
to perform sampling and to analyze the samples.
b.
An
inspector for the Department must be present when the qualified company
or contractor takes samples and the owner shall pay an inspection
fee of forty dollars ($40.00), payment of which must be made prior
to the appointment for taking samples.
c.
Sampling
and testing shall be performed in accordance with the appropriate
Sections of the U.S. Environmental Protection Agency Voluntary Guidelines
for Methamphetamine Laboratory Cleanup (August 2009).
d.
The
qualified company or contractor engaged by the owners must report
the results of its analysis of the samples taken to the Department.
G.
Decontamination.
1.
If unsafe
contamination exists in a structure, the owner shall hire a qualified
contractor or company to decontaminate the structure and advise the
Department of the schedule for decontamination.
2.
The
schedule for the work and evidence that the qualified contractor or
company meets the requirements of this Section must be submitted for
approval to the Department within twenty (20) calendar days of the
receipt of notice. Approval will be based solely on the timeliness
of the schedule and the qualifications of the contractor. Approval
or rejection of the schedule will be provided within a reasonable
time of submission. If rejected, the owner will be informed, in writing,
of specific reasons for the rejection and will be required to amend
the schedule or the proposed qualified contractor or company. Decontamination
shall be performed in accordance with the appropriate Sections of
the U.S. Environmental Protection Agency Voluntary Guidelines for
Methamphetamine Laboratory Cleanup (August 2009).
3.
If the
owner of the property determined to have unsafe contamination fails
to voluntarily abate that contamination, the Department may serve
a notice of violation and proceed in accordance with provisions for
abatement of unsafe conditions or structures in the City's dangerous
buildings, property maintenance and/or safety codes. The Department
may request disconnection of the utility services until the decontamination
is complete.
4.
Post decontamination sampling. Following the completion
of the work, the owner shall notify the Department that work is complete
and the owner must provide written test results as evidence that the
property is compliant with this regulation. The post remediation sampling
and testing must be performed by a qualified contractor or company
other than and independent of the contractor or company that performed
the decontamination, and that sampling and testing must be done in
accordance with the appropriate Sections of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup (August 2009).
H.
Final Action. After the property has been decontaminated
and the Department is in possession of evidence that the pertinent
chemical levels are below unsafe contamination levels, the structure
will be considered safe and suitable for performance of a full inspection
for an occupancy permit. If utility services have been disconnected,
the Department will notify the utilities that the unsafe condition
has been mitigated and service can be restored. The property owner
shall be responsible for any reconnection fees.
