[CC 1987 §235.010; Ord. No. 858 §1, 3-22-1977]
All unfit structures are hereby declared to be detrimental to
the health, safety or welfare of the City of Northwoods and to be
public nuisances and shall be repaired, vacated or demolished as provided
in this Chapter.
[CC 1987 §235.020; Ord. No. 858 §1, 3-22-1977]
A. All buildings
or structures or parts thereof whether occupied or not, which shall
have any or all of the following defects shall be deemed unfit structures.
1. Bearing
walls, or earth retaining walls, or other vertical structural members
which list, lean or buckle to such an extent that it becomes a menace
to the safety or welfare of the residents of the City of Northwoods.
2. Floors,
roofs, walls, structural members, or structural connections which
are overloaded, or which have insufficient strength to be reasonably
safe for the purpose used so as to become a menace to the safety or
welfare of residents of the City of Northwoods.
3. Those
which by reason of illegal or improper use, occupancy or maintenance
have become dangerous to the health, safety, or welfare of residents
of the City of Northwoods.
4. Those
which have been damaged by fire, wind, or other causes so as to become
dangerous to health, safety, or welfare of residents of the City of
Northwoods.
5. Those
which have become or are so 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 welfare of residents of the City of Northwoods.
6. Those
which have heat, light, air, and sanitation facilities which are so
inadequate so as to threaten the health, safety or welfare of residents
of the City of Northwoods.
7. Those
having inadequate facilities for egress in case of fire, other emergency,
or panic.
8. Those
which have parts thereof which are so attached that they may fall
and injure members of the public or property.
9. Those
which because of their general condition are unsafe, unsanitary, or
dangerous to the health, safety or welfare of residents of the City
of Northwoods.
10. 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.
[CC 1987 §235.030; Ord. No. 858 §1, 3-22-1977]
With respect to a particular unfit building or structure, the
owner, lessee, occupant, mortgagee, agent and all other persons having
an interest in the building or structure, or its premises as shown
by the records of the St. Louis County Recorder of Deeds as of the
date said building or structure is declared to be a public nuisance
by the Building Commissioner or his/her designated representative
shall be made parties.
[CC 1987 §235.040; Ord. No. 858 §1, 3-22-1977]
A. It shall
be the duty of the Building Commissioner or his/her designated representative
to inspect or cause to be inspected:
1. Any
building or structure about which complaints are made by any person
alleging that it is unfit.
2. Any
building or structure, for the purpose of determining whether any
condition exists which render any such place as an unfit building
or structure.
3. Any
building or structure reported by a Police Department, Fire Department
or any other public agency as apparently unfit.
4. Any
building or structure which has been classified as apparently unfit
pursuant to any study or inspection program conducted by any official
of the City of Northwoods.
[CC 1987 §235.050; Ord. No. 858 §1, 3-22-1977]
A. If the
Building Commissioner or his/her designated representative determines
after inspection that the building or structure is an unfit structure,
he/she shall declare it to be a public nuisance and shall cause a
report to be prepared stating the use of said building or structure
and the nature of the repairs or construction necessary to rehabilitate
or complete the building or structure.
1. Upon
declaration of public nuisance by the Building Commissioner or his/her
designated representative he/she shall notify the affected parties
that such declaration has been made. The notice may be personally
served or served by certified mail, return receipt requested, or if
service cannot be had by either of these modes of service, then by
at least one (1) publication in a newspaper of general circulation
in the City of Northwoods and by posting a copy in some permanent
place on the premises. The notice shall describe the structure found
unfit and specify the required repairs or improvements to be made
to render the structure safe and secure, or require the unfit building
or structure or a portion thereof to be vacated or demolished within
a specified time. Such notice shall be in substantially the following
form:
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NOTICE OF DECLARATION OF NUISANCE
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To: The persons to whom this notice is addressed
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THE BUILDING OR STRUCTURE DESCRIBED BELOW HAS BEEN DECLARED
A PUBLIC NUISANCE.
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(Insert address or other adequate description of building or
structure.)
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NO PERSON MAY ENTER THIS BUILDING OR STRUCTURE OR ANY PART THEREOF
AFTER _____________________, _____.
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After such date, no person shall occupy or enter this building
or structure or any part thereof, except persons directly employed
in securing, repairing or removing such building or structure.
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This building or structure must be repaired or demolished and removed from the premises no later than thirty (30) days after the service of a copy of this notice upon the affected parties or the publication of said notice as required by Chapter 550 of the Municipal Code of the City of Northwoods. Prior to the commencement of any work to demolish this building or structure it shall be necessary to obtain the authorization therefor from the Building Commissioner or his/her designated representative of the City of Northwoods. Upon presentation of adequate plans, the Building Commissioner or his/her designated representative may authorize the repair or completion instead of demolition.
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If the repair or demolition of this building or structure has
not been begun and carried forth promptly within the time period stated
above, the Building Commissioner or his/her designated representative,
or a designated hearing officer, may, after hearing, order the building
or structure repaired, rehabilitated or demolished and may order the
cost of such repair, rehabilitation or demolition together with the
expense of administration imposed against the property as a special
tax lien. The order may be appealed by any affected party to the Circuit
Court of St. Louis County as provided by law.
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All affected parties shall be given thirty (30) days from the
date of giving the above notice to repair or demolish the building
or structure unless the Building Commissioner or his/her authorized
representative shall extend the time period set forth in said notice.
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2. Upon
the declaration of public nuisance by the Building Commissioner or
his/her designated representative, a "Notice of Declaration of Nuisance"
shall be filed and recorded in the office of the St. Louis County
Recorder of Deeds. Such notice shall be signed by the Building Commissioner
or his/her designated representative and shall be notarized. Upon
the completion of the work necessary to cause the building or structure
to comply with all applicable City ordinances, and the approval thereof
by the Building Commissioner or his/her designated representative,
or upon the satisfaction and release of any and all liens imposed
pursuant to the provisions of this Chapter, the Building Commissioner
or his/her designated representative shall cause a notice of said
compliance or satisfaction to be filed in the office of the St. Louis
County Recorder of Deeds.
3. The
act of subsequent purchase shall not delay the hearing of such matter
and shall be an exception to the time requirements of the said notice
provided herein, unless in the discretion of the Building Commissioner
or his/her designated representative, or the hearing officer, such
notice should be continued, or unless a subsequent purchaser shall
apply for and receive written authorization from the Building Commissioner
or his/her designated representative to either rehabilitate or demolish
such building or structure, and shall perform the work within the
time period allowed under such authorization.
4. No person
shall deface or remove such notice without the prior authorization
of the Building Commissioner or his/her designated representative
or a court having jurisdiction on review of an order of the Building
Commissioner or his/her designated representative.
[CC 1987 §235.060; Ord. No. 858 §1, 3-22-1977]
A. The following
standards shall govern the Building Commissioner or his/her designated
representative, or the hearing officer in determining whether to order
the repair or demolition of any unfit building or structure:
1. If,
in the discretion of the Building Commissioner or his/her designated
representative, or hearing officer, any building or structure found
unfit by the Building Commissioner or his/her designated representative
can reasonably be repaired so that it will no longer be in violation
of the terms of this Chapter, it shall be ordered rehabilitated or
completed within a reasonable time provided no unlawful change of
use or occupancy is contemplated or compelled by reason of such restoration
or completion; except that if the cost of such restoration or completion
is in excess of fifty percent (50%) of its replacement value, exclusive
of foundations, such building or structure shall be made to comply
in all respects with the requirements for materials and methods of
construction of buildings or structures hereinafter erected.
2. If,
in the discretion of the Building Commissioner or his/her designated
representative, or hearing officer, an unfit building or structure
is fifty percent (50%) or more damaged, decayed, or deteriorated and
such building cannot be reasonably repaired so that it will no longer
exist in violation of the terms of this Chapter, it shall be ordered
demolished.
[CC 1987 §235.070; Ord. No. 858 §1, 3-22-1977]
If, after a building or structure has been declared a public
nuisance by the Building Commissioner or his/her designated representative
and it shall be determined by the Building Commissioner or his/her
designated representative that such building must be demolished and
if one (1) or more of the affected parties shall not cause the demolition
of said building or structure and if all affected parties and any
subsequent purchasers shall agree in writing to the demolition of
said unfit building or structure by the City of Northwoods then such
matter shall immediately be placed on the building demolition docket.
A hearing shall then be held relative to such building or structure
at which time evidence shall be presented to establish the location
of the building or structure, the physical condition of the building
or structure and the fact that all affected parties and any subsequent
purchaser have agreed in writing to the demolition of the building
or structure. If the hearing officer shall so find, the hearing officer
shall issue a written finding of the fact and shall issue an order
to demolish the building or structure.
[CC 1987 §235.080; Ord. No. 858 §1, 3-22-1977]
A. The Mayor
may annually appoint a hearing officer. The hearing officer shall
be a professional engineer or architect, registered in the State of
Missouri and shall be compensated at the prevailing rate for each
day upon which hearings are held.
B. The hearing
officer shall preside at all hearings held pursuant to this Chapter
and shall hear and receive evidence and make rulings relating thereto,
and shall perform all other usual and necessary functions of the presiding
officer in an administrative hearing, all in accordance with the Missouri
Administrative Procedure and Review Act, Chapter 536, RSMo., 1969,
as amended.
[CC 1987 §235.090; Ord. No. 858 §1, 3-22-1977]
A. Upon
the refusal or neglect of the affected parties to commence the work
of rehabilitation, completion or demolition within the time specified
in the notice or upon the failure to proceed continuously with the
work without unnecessary delay the Building Commissioner or his/her
designated representative shall either:
1. Advise
the City Attorney of all facts whereupon the City Attorney shall institute
the appropriate legal action to compel the compliance; or
2. Set
the matter on the building demolition docket for a full and adequate
hearing. Prior to any such hearing all affected parties shall be given
at least ten (10) days' written notice of the hearing, which notice
may be served in the same manner as aforesaid. Any party may be represented
by counsel at such hearing, and any interested person may be heard.
After the hearing, if the 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 of Northwoods, the hearing officer
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 of Northwoods and he/she shall order
the building or structure to be demolished and removed or repaired
and completed. If the evidence does 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 of Northwoods, no
order shall be issued.
[CC 1987 §235.100; Ord. No. 858 §1, 3-22-1977]
Nothing contained herein shall be construed or interpreted to
prohibit any affected party from presenting evidence to the Building
Commissioner or his/her designated representative prior to such a
hearing or action showing that such building or structure or portion
thereof is not a nuisance and not detrimental to the health, safety,
or welfare of the residents of the City of Northwoods. In the event
that the Building Commissioner or his/her designated representative
determines on the basis of such information or evidence that such
building or structure or portion thereof is not a nuisance and not
detrimental to the health, safety, or welfare of the residents of
the City of Northwoods, he/she may at any time rescind his/her declaration
and notice of nuisance, and forthwith shall notify in writing the
affected parties and any subsequent purchasers of such decision.
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
550.120, 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. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
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 Section
550.110. If the City has proceeded under the provisions of Section
550.110, all monies in excess of that necessary to comply with the provisions of Section
550.110 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.
[CC 1987 §235.120; Ord. No. 858 §1, 3-22-1977]
The order to demolish issued by the hearing officer after hearing
may be appealed by any interested party to the Circuit Court of St.
Louis County as provided in Chapter 536, RSMo., 1969, as amended,
within thirty (30) days after issuance of said order.
[CC 1987 §235.130; Ord. No. 858 §1, 3-22-1977]
Any person, firm or corporation violating any of the provisions of this Chapter, shall, for each offense, be subject to the penalty provided for in Section
100.100 of the Municipal Code of the City of Northwoods.