[R.O. 2012 §505.010; CC 1979 §5-95; Ord. No. A-4760 §1, 5-9-1986]
The purpose of this Chapter is to provide for the mandatory
vacation, demolition or repair and maintenance of buildings or structures
within the corporate limits of the City of Monett which are detrimental
to the health, safety or welfare of City residents and declared to
be a public nuisance.
[R.O. 2012 §505.020; CC 1979 §5-96; Ord. No. A-4760 §1, 5-9-1986]
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
BUILDING INSPECTOR
Any person appointed as such by the City Council, who shall
serve in that capacity at the pleasure of the City Council and who
is hereby empowered to enforce the provisions of this Chapter.
DANGEROUS BUILDINGS OR STRUCTURES
All buildings or structures, portions or parts of a building
or remains of a building or structure which may have any of the following
defects shall be deemed a dangerous building and a nuisance and such
conditions or defects are hereby declared to be detrimental to the
life, health, property, safety or welfare of the public, or the occupants
thereof:
1.
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one-third (1/3)
of the base.
2.
Whenever any portion thereof has cracked, warped, buckled or
settled to such an extent that walls or other structural portions
have materially less resistance to winds or snow than is required
in the case of similar new construction.
3.
Whenever the building or structure, or any portion thereof,
because of dilapidation, deterioration, decay, vandalism or faulty
construction or the removal, movement or instability of any portion
of the ground necessary for the purpose of supporting such building,
or the deterioration, decay or inadequacy of its foundation, or any
other cause, is likely to partially or completely collapse.
4.
Whenever the building or structure, exclusive of the foundation,
shows substantial damage or deterioration of the supporting or non-supporting
members, or enclosing or outside walls or wall coverings.
5.
Whenever the building or structure has 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.
6.
Whenever any portion thereof has been damaged by fire, earthquake,
tornado, wind, flood, vandals or any other cause, to such an extent
that the structural strength or stability thereof is materially less
than it was before such a catastrophe or damage and is less than the
minimum requirements of this Code for similar new construction.
7.
Whenever a door, aisle, passageway, stairway, fire escape or
other means of egress is not sufficient width or size, or is damaged,
dilapidated, obstructed or otherwise unusable, or so arranged so as
not to provide safe and adequate means of egress in case of fire or
panic.
8.
Whenever any portion or member or appurtenance thereof (i.e.,
porch, chimney or sign) is likely to fall, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property.
9.
Whenever any building or structure has any portion, member or
appurtenance, or ornamentation on the exterior thereof, which is not
of sufficient strength or stability, or is not so anchored, attached
or fastened in place as to be capable of safely resisting wind pressure,
or snow or other loads.
10.
Whenever the building or structure, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, trash,
filth, inadequate light, air ventilation or sanitation facilities,
or otherwise is determined to be unsafe, unsanitary, unfit for human
habitation or in such condition that it is likely to cause sickness
or disease.
11.
Whenever for any reason the building or structure, or any portion
thereof, is manifestly unsafe for the purpose for which it is being
used.
12.
Whenever the building or structure or land it occupies exists
or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure or land provided by this
Chapter or other applicable laws or ordinances of the State or City
relating to the condition, use, location or maintenance of the building,
structure or land.
13.
Whenever the building or structure has become an attractive
nuisance to children or is open to unauthorized or unlawful entry.
14.
Whenever the building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, trash and debris, unsafe
exits, lack of sufficient fire-resistive construction, unsafe electrical
wiring, gas connections or heating apparatus, previous fires or other
cause, is determined to be a fire hazard or is a fire hazard under
the Monett City Code.
15.
Whenever the electrical system is totally or partially damaged,
destroyed, removed or otherwise made inoperable, unsafe or hazardous.
16.
Whenever the plumbing system is totally or partially damaged,
destroyed, removed or otherwise made inoperable or unsanitary.
17.
Whenever the mechanical system or any portion of the mechanical
system is totally or partially damaged, destroyed, removed or otherwise
made inoperable or unsafe.
18.
Whenever the building or structure is in such condition as to
constitute a public nuisance known to the common law or in equity
jurisprudence.
19.
Whenever any portion of a building or structure remains on a
site when construction or demolition work is abandoned.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by evidence of physical decay or neglect, excessive
use or lack of maintenance or any combination of such characteristics.
DILAPIDATED
No longer adequate for the purpose or use for which the building
or structure was originally intended.
DWELLING
Any building which is wholly or partially used or intended
to be used for living or sleeping by human occupants.
OCCUPANT
Any person holding a written or oral lease or who occupies
the whole or any part of a structure or building, either alone or
with others.
OWNER
Any person, alone or jointly or severally with others, who:
1.
Shall have legal title to any building or structure, with or
without actual possession thereof; or
2.
Shall have charge, care or control of any structure or building
as the owner or agent of the owner, or as personal representative,
trustee or guardian of the person or estate of the owner. Any such
persons thus representing the actual owner shall be bound to comply
with the provisions of this Chapter, and the rules and regulations
adopted pursuant thereto, to the same extent as if he/she were the
owner.
PERSON
Any individual, firm, corporation, trust, association, partnership
or joint venture.
REPAIR
To restore to a sound and acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last approximately
as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
SAFE
The condition of being free from danger and hazards which
may cause accidents or disease.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
[R.O. 2012 §505.030; CC 1979 §5-97; Ord. No. A-4760 §1, 5-9-1986]
A. In any
case where a building or structure is found to be dangerous, the following
standards shall be used by the Building Inspector and the Building
Board in ordering vacation, repair or demolition:
1. If the
dangerous building is in such condition as to make it dangerous to
the health, morals, safety or general welfare of the public or the
occupants, it shall be ordered vacated.
2. If the
dangerous building can reasonably be repaired so that it will no longer
exist in violation of the terms of this Chapter, it shall be ordered
repaired. An order to repair may include a requirement to close and
secure any or all exterior openings.
3. In any
case where a dangerous building is damaged, decayed or deteriorated
to a degree that it is not feasible to rehabilitate such building
or is not structurally safe, the building or any portion thereof shall
be ordered demolished.
4. If the
evidence does not support a finding that the building or structure
is a dangerous building, no order shall be issued.
[R.O. 2012 §505.040; CC 1979 §5-98; Ord. No. A-4760 §1, 5-9-1986]
A. The duties
of the Building Inspectors shall include, but not be limited to, the
following:
1. Inspect
any building or portion thereof or any structure which is or may be
existing in violation of this Chapter.
2. Report
to the Building Board all buildings, structures or portions thereof
deemed to be an emergency as defined in this Chapter.
3. Except
in emergency cases, report buildings to the Building Board and notify
in writing all parties of any building or structure which, in the
opinion of the Inspector, is considered to be a dangerous building.
The notice, which shall be a "Declaration of Nuisance," as contemplated
by Section 67.410(3) RSMo., shall include a statement that the owner
and all other interested parties shall have a right and duty to obtain
a building permit or permit for demolition from the Building Department
and to start repair or demolition within ten (10) days after receipt
of such notice. The notice shall be served by personal service or
by certified mail, with return receipt requested. If service cannot
be had by either of these modes of service, then service may be had
by publication. Where service is had by publication as permitted by
Section 67.410(3) RSMo., a courtesy notice, which shall include the
text sent to the newspaper for publication, shall be posted on the
dangerous building by the Inspector, but if such courtesy notice is
altered, defaced or removed, there shall be no duty to replace or
renew such courtesy notice, which constitutes and shall be construed
to be notice in addition to that required by State law.
4. Report
to the Building Board any non-compliance with the notice.
5. Appear
and testify at all hearings conducted by the Building Board.
6. Authorize
issuance of building permits after sufficient information has been
received, including plans and specifications deemed necessary.
7. Issue
a stop order to the owner or anyone doing or causing work of any kind
in a building which has been determined by a Building Inspector to
be a dangerous building, when no active building, demolition or moving
permit exists or when work done is contrary to the provisions of this
Chapter.
[R.O. 2012 §505.050; CC 1979 §5-99(a — b); Ord. No. A-4760 §1, 5-9-1986; Ord. No. A-5316 §1, 11-9-1990; Ord. No. A-5325 §1, 12-10-1990; Ord. No. A-6269 §1, 5-10-1996; Ord. No. 7745 §1, 4-3-2007]
A. Establishment. A Building Board is hereby established in
accordance with the provisions of State law governing the vacation,
demolition or repair of buildings or structures constituting a public
nuisance.
B. Membership Of Board. The Building Board shall consist of
five (5) members who shall be residents, taxpaying citizens of the
City and shall be appointed by the City Council to serve four (4)
year terms each or until a successor has been appointed. Vacancies
which occur within the Board membership shall be filled for the unexpired
term of the vacant office. The Board shall elect its own Chairperson
who shall serve for one (1) year or until a successor is elected.
[R.O. 2012 §505.060; CC 1979 §5-99(c); Ord. No. A-4760 §1, 5-9-1986; Ord. No. A-5316 §1, 11-9-1990; Ord. No. A-5325 §1, 12-10-1990; Ord. No. 7798 §1, 9-20-2007; Ord. No. 7835 §1, 2-8-2008]
A. Except
in case of emergency, the Building Board's duties shall include, but
not be limited to, the following:
1. Cause
an inspection to be made of any building or structure upon receiving
a complaint that it is a dangerous building. If the Board deems it
necessary to the performance of its duties and responsibilities imposed
herein, it may request an inspection and report to be made to it by
the City Engineer, the Fire Department, the Police Department, the
Health Department, the Public Works Department or any other City department
or may contract for services of an expert whenever it deems such services
necessary.
2. Upon
failure of any interested party to commence the work of reconditioning
or demolition of any building or structure within the time specified
in the notice provided for by Section 505.040(3) and to proceed continuously
with such work without unnecessary delay, the Building Board shall
cause a date for a hearing to be established and direct the Inspector
to give at least twenty-one (21) days' written notice of such hearing
to all parties having an interest in such building or structure which
has been the subject of a notice pursuant to Section 505.040(3) and
shall include a statement that the parties may be represented by attorneys
and should be prepared to present witnesses on their behalf and to
offer testimony as to why the building or structure should or should
not be declared a dangerous building. Once valid service of notice
of hearing is made, no subsequent notice of continuance of a hearing
is required, except as is announced on any docket call including such
matter or during any docketed hearing on such matter.
3. Hold
such a public hearing and consider such evidence as the Building Inspector,
owner or other parties or persons may offer concerning the building
or structure.
4. Following
such public hearing, make written finding of fact as to whether the
building or structure in question is a dangerous building and a public
nuisance.
5. Issue
an order based upon the findings of fact, ordering the owner or other
parties to repair such building or structure if found to be a dangerous
building. Any person so notified shall repair such dangerous building;
provided that such repair will comply with this Chapter.
6. If the
Building Board makes a finding that a building or structure should
be vacated or demolished, a recommendation shall be forwarded to the
City Council prior to an order being issued. The City Council shall
have the authority to approve or deny the recommendations made by
the Building Board. The City Council may conduct other hearings regarding
the property in question to make a determination to approve or deny
the findings of fact.
7. Once
the City Council has approved the findings of fact, the Building Board
shall issue an order based upon the findings of fact, ordering the
owner or other parties to vacate and/or demolish such building or
structure if found to be a dangerous building. Any person so notified
shall demolish such dangerous building; provided that such demolition
will comply with this Chapter.
8. Cause a building or structure which has been determined to be a dangerous building to be vacated, repaired or demolished as ordered or to have the dangerous building temporarily boarded when ordered repaired or when necessary to protect citizens prior to demolition, if the owner or parties fail to comply with the order to vacate, demolish or repair within thirty (30) days of the findings of fact and order calling for such vacation, repair, demolition having been recorded with the Recorder of Deeds for the County wherein the land is located. The Building Board shall certify the charge for such vacation, repair, demolition or boarding to the City Collector as a special assessment represented by a special tax bill against the real property affected, except when Federal funds are being used which are subject to a prohibition of recovery by a special assessment process. The proof of such exception shall be the burden of any person asserting it. The charge for demolition of any building or structure or the abatement of any public nuisance abatable pursuant to this Chapter shall be collectible by a special tax bill, which shall include the actual cost of repair, demolition, water service cut, boarding and all other necessary security measures and a cost of administering the provisions hereof, which shall be pursuant to an existing schedule or as it may be set out by the Building Board and maintained as a public record. In no case shall such administrative charge exceed five hundred dollars ($500.00). The tax bill shall be a lien upon such property until paid. Additionally, the special tax bill from the date of its issuance shall be deemed a personal debt against the property owner. Except as provided in Section
505.160 hereof, at the written request of the property owner delivered to the City Clerk, the special tax bill may be paid in ten (10) equal annual installments. Said installments and interest thereon to date shall be paid in equal annual installments on the anniversary date of the issuance of the tax bill. The interest shall be paid at the maximum rate per annum allowable by law on the unpaid balance of the tax bill from the date of issuance. If any annual payment of principal or interest shall not be paid within thirty (30) days of its due date, the entire remaining balance of the tax bill shall immediately become due and payable.
[R.O. 2012 §505.070; CC 1979 §5-100; Ord. No. A-4760 §1, 5-9-1986]
A. A permit
shall be obtained prior to doing any work on a building or structure
for which a determination by a Building Inspector has been made that
it is a dangerous building. The Building Board shall report all dangerous
buildings to the Building Department. Before the Building Department
issues a permit on a dangerous building, the Building Board must certify
that the proposed work will eliminate the condition rendering the
structure a dangerous building. A copy of such permit shall be forwarded
to the Building Board upon issuance. The work required to be done
pursuant to the permit must commence immediately, or as soon as practical
after securing the permit. If the work is not continuous, the permit
may be revoked by the Building Board. With respect to dangerous buildings,
the provisions of this Subsection will supersede any other provisions.
B. It shall
be unlawful for any person to salvage or cause or allow any other
person to salvage a building which has been ordered demolished without
authorization of the Building Inspector.
[R.O. 2012 §505.080; CC 1979 §5-101; Ord. No. A-4760 §1, 5-9-1986]
A. After
a building has been determined to be a dangerous building by the Building
Board, a "certificate of existence of a dangerous building" will be
filed and recorded in the office of the Recorder of Deeds of the County
wherein the land is located. Such certificate shall set forth the
address and description of the premises upon which such dangerous
building is located, and a certification that such building thereon
is dangerous within the provisions of this Code and that the owner
thereof has been given proper notice and ordered to repair or demolish
such building. Such certification shall be made and signed by the
Chairman of the Building Board.
B. The recording
of a certificate of existence of a dangerous building shall place
persons purchasing such property subsequent to such recording on notice
that such property has been declared a dangerous building and ordered
repaired or demolished. The act of subsequent purchase shall not delay
the processing or cause a delay in such matter and shall be an exception
to the time requirements of the notice provided herein.
C. Upon
written application by the owner, and verification that the order
of the Building Board to vacate, repair or demolish a dangerous building
has been complied with, the Building Board shall file and record a
"release of certificate of existence of a dangerous building" with
the office of the Recorder of Deeds of the County wherein the land
is located, stating that the dangerous condition has been abated.
[R.O. 2012 §505.090; CC 1979 §5-102; Ord. No. A-4760 §1, 5-9-1986]
A. A notice
of the dangerous condition of a building shall be posted on any building
determined by a Building Inspector to be a dangerous building; except,
that such notice shall not be posted when the Inspector determines
that such posting may cause the building or structure to be vandalized
or damaged; except, that the notice shall contain the words, "Warning,
Dangerous Building, Do Not Enter." followed by text authorized by
the Building Board.
B. Any person
removing such sign shall be guilty of an ordinance violation and,
upon conviction thereof, shall be punished as set forth in this Chapter.
[R.O. 2012 §505.100; CC 1979 §5-103; Ord. No. A-4760 §1, 5-9-1986]
A. The duties
of the City Attorney shall include, but not be limited to, the following:
1. Within
the proper exercise of his/her discretion, to prosecute all persons
failing to comply with the terms of the notices and orders provided
for herein.
2. When
requested, to appear at hearings before the Building Board in regard
to dangerous buildings.
3. Within
the proper exercise of his/her discretion, to bring suit to collect
all municipal liens, assessments or costs incurred by the Building
Board in causing dangerous buildings to be vacated, repaired or demolished.
4. To take
such other legal action as is necessary to carry out the terms and
provisions of this Chapter.
[R.O. 2012 §505.110; CC 1979 §5-104; Ord. No. A-4760 §1, 5-9-1986]
A. Any owner
of a dangerous building who shall fail to comply with an order of
the Building Board to vacate, repair or demolish such building or
fails to proceed continuously to vacate, repair or demolish the building
without unnecessary delay shall be guilty of an ordinance violation
and, upon conviction thereof, shall be punishable as set forth in
this Chapter.
B. The party
in actual or constructive possession, or one who has a legal duty
to act for a party, who fails to comply with an order of the Building
Board to vacate, repair or demolish a dangerous building shall be
guilty of an ordinance violation and, upon conviction, shall be punished
as set forth in this Chapter.
C. Any person
failing to immediately vacate a building upon the verbal or written
order of the Building Board in cases of emergency pursuant to this
Chapter shall be guilty of an ordinance violation and, upon conviction,
shall be punished as set forth in this Chapter.
D. Any person
who hinders, threatens or interferes with a Building Inspector, contractor
or any person working for a contractor having a permit to demolish
a dangerous building shall be guilty of an ordinance violation and,
upon conviction, shall be punished as set forth in this Chapter.
[R.O. 2012 §505.120; CC 1979 §5-105; Ord. No. A-4760 §1, 5-9-1986]
It shall be unlawful for any person to enter, occupy, use, remain
in or permit or cause any other person to enter, occupy, use or remain
in any building or structure which has been declared a dangerous building
by the Building Board, unless such entry and use is for the purpose
of repair or demolition, until such building or structure has been
inspected by the Building Board and a certificate of occupancy has
been issued. Such certificate shall be issued only when it has been
determined that the building is no longer a dangerous building and
is safe and fit for human occupancy.
[R.O. 2012 §505.130; CC 1979 §5-106; Ord. No. A-4760 §1, 5-9-1986]
A. All buildings
which are closed shall be closed and kept closed in accordance with
the following requirements:
1. A permit
shall be obtained from the Building Department before commencement
of work.
2. All
exterior openings are to be closed.
3. Materials
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 (½) inch thick or by equivalent materials approved
by the Building Board.
4. 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.
5. The
roof must be water-tight.
6. All
loose and hanging exterior parts shall be removed.
7. All
debris must be removed from the interior and exterior of the premises.
8. The
property must be maintained in accordance with the requirements of
this Code.
[R.O. 2012 §505.140; CC 1979 §5-107; Ord. No. A-4760 §1, 5-9-1986]
A. Except
in emergencies, any decision of the Building Board in the enforcement
of this Chapter may be appealed to the Circuit Court having jurisdiction
by any person aggrieved by any decision of the Building Board. Such
an appeal must be taken within ten (10) days from the date of the
order or other ruling appealed by filing with the Building Board a
written notice of appeal setting forth the grounds therefor. The party
appealing shall otherwise comply with the provisions of Chapter 536,
RSMo.
B. Except
in emergencies, as set out in this Chapter, an appeal to the Circuit
Court stays all enforcement of the determination from which the appeal
is being taken.
[R.O. 2012 §505.150; CC 1979 §5-108; Ord. No. A-4760 §1, 5-9-1986]
A. "Emergency" Defined. For the purposes of this Chapter, an "emergency" is hereby defined as any case where it reasonably
appears there is immediate danger to the health, life, safety or welfare
of any person because of a dangerous condition which exists in violation
of this Chapter.
B. Authority Of Building Inspector. In any emergency case,
the Building Inspector shall have the power to take emergency measures
to abate or correct such dangerous condition. The emergency power
herein granted shall include power to cause the immediate vacation
of any building and the summary correction of any emergency condition
which exists in violation of this Chapter including but not limited
to, demolition of dangerous buildings as defined by this Code.
C. Emergency Order Not Appealable. No appeal shall lie from
an emergency order, and such order shall not be reviewed or stayed
other than by the Circuit Court of the County in which is located
the premises on which the emergency condition exists, as provided
in Chapter 536, RSMo.
D. Costs Of Abatement. The cost of emergency abatement shall
be recovered as provided in this Chapter for the recovery of costs
of demolition of dangerous buildings and structures.
[R.O. 2012 §505.160(B — D); CC 1979 §5-109; Ord. No. A-4760 §1, 5-9-1986; Ord. No. 7593 §1, 8-22-2005]
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
505.080. If the City has proceeded under the provisions of Subsection (6) of Section
505.080, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section
505.080 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 Commissioner 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 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 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.
F. If such
building or structure is repaired or demolished pursuant to this Chapter,
as attested to by the Building Board, without cost to the City, any
insurance proceeds paid to the City and any interest thereon shall
be paid to the insured under the insurance policy or as the terms
of the policy, including any endorsements thereto, provide.
G. When
the City takes bids from independent contractors for demolition of
a building, bidders shall deduct any salvage value materials which
the building or structure may have from the cost of demolition in
arriving at their bid amount. Should City employees do the demolition,
the actual cash value of salvaged material shall be deducted from
the special tax bill for such demolition. In no case will the net
cost of demolition be increased in order to affect salvage of materials.
H. Upon
presentation of satisfactory proof that the insured has removed or
will remove debris and repair, rebuild or otherwise make the insured
premises safe and secure, the Building Inspector shall issue a certificate
within thirty (30) days after receipt of such satisfactory proof to
permit covered claim payment to the insured, without a deduction payable
to the City as provided in this Section. It shall be the obligation
of the insured or other person making a claim to provide the insurance
company with such certificate.
[R.O. 2012 §505.170; CC 1979 §5-110; Ord. No. A-4760 §1, 5-9-1986]
A. It shall
be unlawful for any person, firm or corporation to erect, construct,
enlarge, repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any dangerous building or structure, partial
or whole, in the City, or cause the same to be done, contrary to or
in violation of any of the provisions of this Chapter, or rules or
regulations promulgated thereunder.
B. Any person,
firm, corporation, partnership, association or other organization
violating any of the provisions of this Chapter shall be deemed guilty
of an ordinance violation. Each day or portion thereof during which
any violation of any of the provisions of this Chapter is committed,
continued or permitted shall be a separate offense.
C. A person
who is convicted of any violation of this Chapter shall be punished
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
of not more than one hundred (100) days, or by both such fine and
imprisonment. The imposition of the penalties herein described shall
not preclude the City Attorney from instituting appropriate action,
including equitable and extraordinary remedies, to prevent any unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, or to restrain, correct or abate a violation or
to prevent the occupancy of a building or structure or portion thereof,
or of the premises, or to prevent any illegal act, conduct of business
or use in or about the premises.
[R.O. 2012 §505.180; CC 1979 §5-111; Ord. No. A-5316 §II, 11-9-1990]
No officer, agent or employee of the City of Monett shall be
personally liable for any damage that may occur to any person or property
as a result of any act required of him/her or permitted to be taken
by him/her under the terms of this Chapter. Any suit brought against
such officer, agent or employee of the City as the result of any acts
required or permitted shall be defended by the City until the final
determination of the proceedings, and if judgment shall be obtained
it shall be paid by the City of Monett. It is hereby further declared
that no officer, agent or employee of the City of Monett owes any
duty under the provisions of this Chapter to any citizen or other
individual, but that the duties prescribed herein and imposed upon
officers, agents or employees of the City are duties to be performed
for the government of said City.