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 Goodman, Missouri.
All dangerous buildings or structures, as defined by Section
505.020 of this Chapter, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 1989-239 §.040, 10-17-1989]
All City Police Officers and other City employees so designated
by the Mayor shall be the Building Inspector(s) within the meaning
of this Chapter.
[Ord. No. 1989-239 §.060, 10-17-1989]
The Mayor shall act as Building Commissioner under this Chapter.
[Ord. No. 2014-464 §1, 10-7-2014]
A. The Building Commissioner shall have the powers and duties pursuant
to this Chapter to:
1.
Supervise all inspections required by this Chapter and cause
the Building Inspector to make inspections and perform all the duties
required of him/her by this Chapter. Upon receiving a complaint or
report from any source that a dangerous building exists in the City,
the Building Commissioner shall cause an inspection to 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
persons(s) having an interest in said building to commence work of
reconditioning or demolition within the time specified by this Chapter
or upon failure to proceed continuously with work without unnecessary
delay, hold a hearing giving the affected parties full and adequate
hearing on the matter.
3.
Give written notice of said hearing, either by personal service
or by certified mail, return receipt requested, or if service cannot
be had by either of those modes of service, then by publication in
a newspaper qualified to publish legal notices, at least ten (10)
days in advance of the hearing date, to the owner, occupant, mortgagee,
lessee, agent and all other persons having an interest in said building
as shown by the land records of the Recorder of Deeds of McDonald
County who may 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.
4.
Make written findings of fact from the evidence offered at said hearing as to whether or not the building in question is a dangerous building within the terms of Section
505.020 of this Chapter.
5.
If the evidence supports a finding based upon competent and
substantial evidence that the building or structure is a dangerous
building and a nuisance and detrimental to the health, safety or welfare
of the residents of the City, the Building Commissioner shall issue
an order based upon its findings of fact commanding the owner, occupant,
mortgagee, lessee, agent or other persons(s) having an interest in
said building as shown by the land records of the Recorder of Deeds
of McDonald County to repair, vacate or demolish any building found
to be a dangerous building and to clean up the property, provided
that any person so notified shall have the privilege of either repairing
or vacating and repairing said building, if such repair will comply
with the ordinances of this City, or may vacate and demolish said
dangerous building at his/her own risk to prevent the acquiring by
the City of the lien against the land where the dangerous building
stands. If the evidence does not support a finding that a building
or structure is a dangerous building or a nuisance or detrimental
to the health, safety or welfare of the residents of the City, no
order shall be issued.
6.
If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section
505.090, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.
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 McDonald County may appeal such decision to the Circuit Court of McDonald County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section
505.080 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building 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. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections
505.080 and
505.090.
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 or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of an ordinance violation and upon conviction thereof shall be fined as set out in Section
100.220 of this Code. Each day that a person fails to comply with an order of the Building Commissioner may be deemed a separate offense.
[Ord. No. 1989-239 §.100, 10-17-1989]
In cases, except emergency cases, where the owner, occupant,
lessee, or mortgagee is absent from the City, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of the County to the last known address of each, and a copy of such
notice shall be posted in a conspicuous place on the "dangerous building"
to which it relates. Such mailing and posting shall be deemed adequate
service.
[Ord. No. 1989-239 §.110, 10-17-1989]
In the event any building or structure is wrongfully demolished
by this City or is demolished without adhering to the procedures provided
in this Chapter, the City shall be liable for damages as determined
by a court of law in a suit brought by the party so damaged.