[R.O. 2008 §6-85; Ord. No. 1546 §1, 10-12-1992]
It is the purpose of this Article to provide a just, equitable
and practical method for the repairing, vacation or demolition of
buildings or structures which are detrimental to the health, safety
or welfare of the occupants of such buildings or to the general public.
This Article shall apply to all dangerous buildings as herein defined
which are now in existence or which may hereafter exist in the City.
No enforcement of this Article shall be made on structures which have
been or will be designated as significant historical structures by
the Creve Coeur City Council unless and until the City Council reviews
and approves all notices and repair orders required by this Article
which affect such designated building.
[R.O. 2008 §6-86; Ord. No. 1546 §1, 10-12-1992]
A.
Any building
or structure which has one (1) or more of the following defects shall
be deemed a dangerous and unsafe building and shall be declared a
public nuisance:
1.
Bearing
wall, earth retaining wall, column or other vertical structural member
which leans or buckles to such an extent that it is likely to partially
or completely collapse and injure the occupants or members of the
public.
2.
Those
which, exclusive of the foundation, show thirty-three percent (33%)
or more of damage or the deterioration of the supporting member or
members or fifty percent (50%) of damage or deterioration of the non-supporting
enclosing or outside walls or coverings.
3.
Those
which have unevenly distributed loads upon the floor or roof or in
which the same are overloaded or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those
which 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
which are so dilapidated, decayed, unsafe, unsanitary or would ordinarily
fail to provide the amenities essential to sanitary and healthful
living that they are unfit for human habitation or likely to cause
sickness or disease, so as to work injury to the health, safety or
welfare of those occupying such buildings.
6.
Those
having light, air and sanitary facilities which 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
means of access.
8.
Those
which have parts thereof which are so attached that they may fall
or injure members of the public or property.
9.
Those
which, because of their condition, are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the people of this City.
10.
Those
which are vacant or unoccupied and are open at door and/or window.
11.
Those
which have never been lawfully occupied and for which a certificate
of use and occupancy could not be granted by reason of incompletion,
where construction has been substantially abandoned for more than
one (1) year.
[R.O. 2008 §6-87; Ord. No. 1546 §1, 10-12-1992]
All dangerous buildings are hereby declared to be public nuisances
and shall be repaired, vacated or demolished as provided in this Article.
[R.O. 2008 §6-88; Ord. No. 1546 §1, 10-12-1992]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person, the Code Official or his/her designated representative may take emergency measures to vacate and repair or demolish such dangerous building or structure and the cost of such shall be collected in the same manner as provided in Section 510.080.
[R.O. 2008 §6-91; Ord. No. 1546 §1, 10-12-1992]
A.
The Code
Official or his/her designated representative shall have the duty
under this Article to:
1.
Inspection, generally. Inspect or cause to be inspected,
as often as may be necessary, all residential, institutional, assembly,
commercial, industrial, garages, special or miscellaneous occupancy
buildings for the purpose of determining whether any defects exist
which render such building a dangerous building when he/she has reasonable
grounds to believe that any such building is dangerous.
2.
Inspection upon complaints. 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 Article and shall determine if there are reasonable grounds
to determine that such building, wall or structure is dangerous.
3.
Inspection upon reports by a public agency. Inspect any
building, wall or structure reported by the police, fire or other
public agency as probably existing in violation of this Article.
4.
Declaration of nuisance. Declare that any building or structure
found to be dangerous is a nuisance.
5.
Notification of declaration. 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, publication
two (2) times for two (2) successive weeks in a newspaper qualified
to publish legal notices, the owner, occupant, lessee, mortgagee,
agent and all other persons having an interest in such building as
shown by the records of the St. Louis County Recorder of Deeds of
any building found by him/her to be a dangerous building within the
standards set forth in this Article.
6.
Calling of hearing. Upon failure to commence the required
work or demolition within the time specified or upon failure to proceed
continuously with the required work without unnecessary delay, the
Code Official or his/her designated representative shall call and
have a full and adequate hearing upon the matter, giving the affected
parties at least twenty-one (21) days' written notice of the hearing.
Such hearing shall be conducted by the Director of Public Works. Any
party may be represented by counsel and all parties shall have an
opportunity to be heard. After the hearing, if evidence supports a
finding that the building or structure is a nuisance or detrimental
to the health, safety or welfare of the residents of the City, the
Director of Public Works shall issue a post-hearing 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. If the
findings of fact do not support a finding that the building or structure
is a nuisance or detrimental to the health, safety or welfare of the
residents of the City, no order shall be issued to demolish, repair
or remove such building. If the findings of fact show that such building
is a nuisance and subject to the provisions of this Article, the Director
of Public Works shall order the structure to be demolished, removed
or repaired, whichever is necessary according to the findings of fact.
The post-hearing order shall be served in the same manner as the notice
of declaration of nuisance and pre-hearing order. The post-hearing
order shall contain a date certain for completion of the required
action.
7.
Posting of declaration. If the building or structure is
declared to be a nuisance, such building shall be marked or posted
with a written notice of such finding.
[R.O. 2008 §6-92; Ord. No. 1546 §1, 10-12-1992]
A.
The required
notice to repair, vacate or demolish shall state that:
1.
The
owner must repair or vacate and repair or vacate and demolish such
building in accordance with the terms of the notice in this Article;
2.
The
occupant must vacate such building or the building must be repaired
in accordance with the notice and the occupant may "remain in possession";
3.
The
mortgagee, agent or other persons having an interest in such building
as shown by the records of the St. Louis County Recorder of Deeds
may, at their own risk, repair, vacate or demolish or have such work
done; provided that, any person notified under this Section to repair,
vacate or demolish any building shall be given such reasonable time
not exceeding thirty (30) days to commence the required work unless,
in the judgment of the Code Official, it is determined to be necessary
to extend such time to commence the required work;
4.
The
required work shall not commence until a proper permit has been issued
by the Department of Public Works and the inspections required by
such permits shall be made in proper sequence.
B.
The notice provided for in this Section shall include a description of the building or structure deemed hazardous, a statement of the particulars which make the building or structure a dangerous building and an order requiring that the designated work to be commenced within a specified period of time or an extension thereof as provided for in Subsection (A) of this Section. The notice shall be substantially in the following form:
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Notice of Declaration of Nuisance and Pre-hearing Order
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The structure or structures described below have been declared
a nuisance.
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(Insert address or other adequate description of the building
or structure.)
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(Use one (1) or two (2) of the following three (3) paragraphs.)
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No person may occupy this building or any part thereof after
________________, 20____. After such date, no person shall occupy,
enter, refuse to leave or remain in this building or any part thereof,
except persons directly employed in securing, repairing or removing
such building.
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This structure must be repaired to cure the following defects:
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Work must begin on or before ________________, 20____ and proceed
continuously without unnecessary delay to completion. This order may
be obeyed by demolition and removal of this structure. Upon failure
to repair as herein required, the Code Official may, after hearing,
order repairs to be made and the cost charged to the owner of this
property as a special tax lien. This structure must be demolished
and removed from the premises no later than ________________, 20____.
If demolition is not begun and carried forth promptly, the Code Official
may, after a hearing, order the same demolished and the cost assessed
against the property as a special tax lien. Upon presentation of adequate
plans, the Code Official may allow repair instead of demolition.
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[R.O. 2008 §6-93; Ord. No. 1546 §1, 10-12-1992]
A.
The following
standards shall be followed by the Code Official in ordering repair,
vacation or demolition of any dangerous buildings:
1.
If the
dangerous building can reasonably be repaired so that it will no longer
exist in violation of the terms of this Article, 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 will no longer
exist in violation of the terms of this Article, 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 Article or any other ordinance of
this City or Statute of the State, it shall be repaired or demolished.
[R.O. 2008 §6-94; Ord. No. 1546 §1, 10-12-1992]
If any post-hearing order of the Director of Public Works is
not obeyed within thirty (30) days after its issuance and if appeal
of any post-hearing order is not made to the Circuit Court as provided
for in this Article within thirty (30) days after issuance of any
such order, the Director of Public Works shall cause such structure
to be vacated and repaired or demolished as provided in his/her post-hearing
order. The Director of Public Works shall certify the cost for such
action, including all administrative costs, to the Director of Finance
who shall cause a special tax bill against the property to be prepared,
filed and collected. Said tax bill shall be a lien upon said property,
said lien shall bear interest at the rate set by the Missouri Division
of Finance on the date the lien is filed. At the request of the taxpayer,
the tax bill may be paid in installments over a period of not more
than ten (10) years, plus interest as allowed by law.
[R.O. 2008 §6-95; Ord. No. 1546 §1, 10-12-1992]
Within thirty (30) days from the receipt of a post-hearing order, any affected party may appeal to the Circuit Court from any post-hearing order of the Code Official in the manner provided by law for judicial review of decisions of administrative agencies. In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City, Town, Village or County having a Charter form of government of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Section 510.050 of this Article. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.
[R.O. 2008 §6-96; Ord. No. 1546 §1, 10-12-1992]
Any owner, occupant, lessee, mortgagee, agent or any other person
having an interest in an alleged dangerous building shall allow the
Building Inspector to inspect such building. Upon failure to allow
inspection, the Code Official may apply to the Municipal Judge for
a search warrant if reasonable grounds exist to believe that such
a building is a dangerous building.
[R.O. 2008 §6-97; Ord. No. 1546 §1, 10-12-1992]
A.
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 Code Official or his/her designee as provided in Section 510.080 of this Article 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, this Section establishes a procedure for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in Subsections (1) through (7) of this Section. 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 (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 Section 510.080 of this Article. If the City has proceeded under the provisions of Section 510.080 of this Article, all monies in excess of that necessary to comply with the provisions of Section 510.080 of this Article for the removal of the building or structure, less salvage value, shall be paid to the insured.
3.
If there are no proceeds of any insurance policy as set forth in Subsection (2) 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, plus interest as allowed by law. The tax bill from date of its issuance 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 buildings and structures.
5.
This
Section does not make the City or County a party of 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.
6.
The
Finance Director shall notify the Director of Insurance within fourteen
(14) days after the adoption of this Section in accordance with Section
67.410, RSMo. The Director of Insurance shall, in turn, notify insurance
companies which issue policies insuring buildings and other structures
against fire, explosion or other casualty loss within fourteen (14)
days after such notification. Insurance companies shall have sixty
(60) days after the Director of Insurance notifies them of the adoption
of this Section to establish procedures within this City to carry
out the provisions of Section 67.410, RSMo.
7.
The
City may certify that in lieu of payment of all or part of the covered
claim payment under Section 67.410, RSMo., it has obtained satisfactory
proof that the insured has or will remove debris and repair, rebuild
or otherwise make the premises safe and secure. In this event, the
City shall issue a certificate within thirty (30) days after receipt
of proof to permit covered claim payment to the insured without deduction
pursuant to Section 67.410, RSMo. It shall be the obligation of the
insured or other person making claim to provide the insurance company
with the written certificate provided for in this Subsection.
[R.O. 2008 §6-98; Ord. No. 1546 §1, 10-12-1992]
The City shall not be liable to any affected party for any damage
or injury to any structure caused by the enforcement of this Section
when such enforcement is carried out in accordance with the procedures
herein provided.
[R.O. 2008 §6-99; Ord. No. 1546 §1, 10-12-1992]
Neither the Code Official nor any inspector, officer, employee
or agent of the City shall be liable for any damage that may accrue
to the persons or property as a result of any act required or permitted
pursuant to this Section. Any suit brought against the Code Official,
any inspector, officer, employee or agent of the City as a result
of any act required or permitted pursuant to this Section shall be
defended by the City Attorney.
[R.O. 2008 §6-100; Ord. No. 1546 §1, 10-12-1992]
A.
It shall
be unlawful for any person to deface or remove any notice without
the prior authorization of the Code Official or of a court having
jurisdiction. It shall be unlawful for any person to enter or occupy
a structure or portion thereof in violation of posted notice or in
violation of a notice service on such person.
B.
It shall
be unlawful to fail to comply with the notice of declaration of nuisance
within a reasonable time or upon failure to proceed continuously without
unreasonable delay as specified in the Building Commissioner's order.
Such unlawful acts shall be punishable by fine and imprisonment as
specified for offenses in the Municipal Court of the City.
