[R.O. 2009 § 505.010; R.O. 2007
§ 225.535(A); Ord. No. 2315A § I, 8-8-2002]
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 Bolivar, Missouri.
[R.O. 2009 § 505.020; R.O. 2007
§ 225.535(B); Ord. No. 2315A § II, 8-8-2002]
A. All buildings that are detrimental to the
health, safety or welfare of the residents of the City of Bolivar
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, so as to work injury to
the health, safety or welfare of those occupying such building.
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
or 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. 2009 § 505.030; R.O. 2007
§ 225.535(C); Ord. No. 2315A § III, 8-8-2002]
All dangerous buildings, as defined by Section
505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[R.O. 2009 § 505.040; R.O. 2007
§ 225.535(D); Ord. No. 2315A § IV, 8-8-2002]
A. The following standards shall be followed
in substance by the Building Inspector and the Building Commissioner
in ordering repair, vacation or demolition of any dangerous building.
1.
If the dangerous building reasonably
can 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 its occupants, it shall be ordered to be vacated and repaired.
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 Statutes of the State
of Missouri, it shall be repaired or demolished.
[R.O. 2009 § 505.050; R.O. 2007
§ 225.535(E); Ord. No. 2315A § V, 8-8-2002]
The City Building Inspector and the
City Zoning Administrator and other City employees designated by the
Board of Aldermen from time to time shall be Building Inspectors within
the meaning of this Chapter.
[R.O. 2009 § 505.060; R.O. 2007
§ 225.535(F); Ord. No. 2315A § VI, 8-8-2002]
A. The Building Inspector 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 places 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 Inspector 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 in writing, 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) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Recorder of Deeds of Polk County of any building found by him/her to be a dangerous building within the standards set forth in Section
505.020.
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 Polk County, Missouri, 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
Section 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 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
Commissioner 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 Commissioner and testify as to the condition of dangerous
buildings.
8.
Immediately report to the Building
Commissioner concerning any building found by him/her to be inherently
dangerous and that he/she determined to be a nuisance per se. The
Building Commissioner may direct that such building be marked or posted
with a written notice reading substantially as follows:
"This building has been found to
be a dangerous building by the Building Inspector. This notice is
to remain on this building and/or property until it is repaired, vacated
or demolished and the property is cleaned up in accordance with the
notice that has been given the owner, occupant, lessee, mortgagee
or agent of this building and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of Polk County. It is unlawful to remove this notice until such notice
is complied with."
Provided however, that the order
by the Building Commissioner and the posting of said notice shall
not be construed to deprive all persons entitled thereto by this Chapter
to the notice and hearing prescribed herein.
[R.O. 2009 § 505.070; R.O. 2007
§ 225.535(G); Ord. No. 2315A § VII, 8-8-2002]
The City Administrator shall act
as Building Commissioner under this Chapter. In the absence of the
City Administrator or if the office of City Administrator shall be
vacant, the Mayor shall be the Building Commissioner under this Chapter.
[R.O. 2009 § 505.080; R.O. 2007
§ 225.535(H); Ord. No. 2315A § VIII, 8-8-2002]
A. The Building Commissioner shall have the
power 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 Commissioner shall cause an inspection
be made forthwith. If the Building Commissioner deems it necessary
to the performance of his/her duties and responsibilities imposed
herein, the Building Commissioner may request an inspection and report
be made by any other City department or retain services of an expert
whenever the Building Commissioner deems such service necessary.
2.
Upon receipt of a report from the
Building Inspector indicating failure by the owner, lessee, occupant,
mortgagee, agent or other person(s) having 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, the Building Commissioner shall hold a
hearing giving the affected parties full and adequate hearing on the
matter.
Written notice, either by personal
service or by certified mail, return receipt requested or by publication
for two (2) successive weeks in a newspaper qualified to publish legal
notices, at least ten (10) days in advance of a hearing date, shall
be given 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 in the County wherein the land
is located, to appear before the Building Commissioner 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 Inspector's notice as provided herein.
Any party may be represented by counsel
and all parties shall have an opportunity to be heard.
3.
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
505.020.
4.
If the evidence supports a finding
based upon competent and substantial evidence that the building or
structure is a dangerous building, the Building Commissioner shall
issue an order based upon its findings of fact commanding the owner,
occupant, mortgagee, lessee, agent or other person(s) having an interest
in said building as shown by the land records of the County wherein
the land is located 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 the owner or any person having
an interest in said building as shown by the land records of the County
wherein the land is located 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, no order shall be issued.
5.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant; and the Building Commissioner shall certify the cost of the work borne by the City for such repair, vacation or demolition or cleanup to the City Clerk as a special assessment represented by a special tax bill against the real property affected; said tax bill shall be a lien upon said property and shall be deemed a personal debt against the property owner(s) 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 line 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 Subsection
(A)(6) below of this Section, at the request of the taxpayer this special tax bill may be paid in installments over a period of not more than ten (10) years; said assessment shall bear interest at the rate of ten percent (10%) per annum until paid.
6.
As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Building Commissioner as provided in Section
505.080(A)(4) of this Chapter and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. 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 Subdivisions (a) and (b) of this Section
505.080(A)(6). This Section 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:
a.
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 or deposit into
an interest-bearing account. Any named mortgagee on the insurance
policy shall maintain priority over any obligation under the Section.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under Subdivision (a) of this Section
505.080(A)(6) to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section
505.080(A)(6) of this Chapter. If the City has proceeded under the provisions of Section
505.080(A)(6) of this Chapter, all monies in excess of that necessary to comply with the provisions of Section
505.080(A)(6) of this Chapter 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.
7.
If there are no proceeds of any insurance policy as set forth in Section
505.080(A)(6) of this Chapter, 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 lien on the property and a personal debt against the property owner(s) until paid.
8.
Section
505.080(A)(6) of this Chapter shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
9.
Section
505.080(A)(6) of this Chapter 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.
10.
The Building Commissioner may certify in lieu of payment of all or part of the covered claim under Section
505.080(A)(6) 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 Commissioner 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 Section
505.080(A)(6) of this Chapter. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Section.
[R.O. 2009 § 505.090; R.O. 2007
§ 225.535(I); Ord. No. 2315A § IX, 8-8-2002]
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 the County
wherein the land is located may, within thirty (30) days from the
receipt of the order of the Building Commissioner, appeal such decision
to the Circuit Court of the County wherein the land is located pursuant
to the procedure established in Section 67.430, RSMo.
[R.O. 2009 § 505.100; R.O. 2007
§ 225.535(J); Ord. No. 2315A § X, 8-8-2002]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building and cleanup of the property. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Section
505.080.
[R.O. 2009 § 505.110; R.O. 2007
§ 225.535(K); Ord. No. 2315A § XI, 8-8-2002]
A. 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 Commissioner shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section
505.120 of this Chapter.
B. Any person removing any notices provided for in this Chapter shall be guilty of an ordinance violation and upon conviction shall be punished in accordance with Section
505.120.
[R.O. 2009 § 505.120; R.O. 2007
§ 225.535(L); Ord. No. 2315A § XII, 8-8-2002]
Any person violating the provisions
of this Chapter is 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
Commissioner may be deemed a separate offense.