[1]
Cross Reference — Administration generally, Title I
of this Code.
[Ord. No. 2000-1155 §1, 1-25-2000]
The office of Commissioner of Building Hearings is hereby created
and established.
[Ord. No. 2000-1155 §1, 1-25-2000]
The Commissioner of Building Hearings shall be appointed by
the Board of Aldermen. The person appointed to such office shall hold
office for a two (2) year term from the first (1st) Tuesday in April
of every uneven numbered year and until his/her successor is appointed
and qualified.
[Ord. No. 2000-1155 §1, 1-25-2000]
The Commissioner of Building Hearings shall be either an architect
or professional engineer registered by the State.
[Ord. No. 2000-1155 §1, 1-25-2000]
The Commissioner of Building Hearings shall conduct hearings,
hear testimony and make written specific findings of fact concerning
buildings, the condition of which are alleged to be detrimental to
the health, safety or welfare of the residents of the City, and shall
have and perform such other duties as may be prescribed by this Code
or any other ordinance.
[Ord. No. 2000-1155 §1, 1-25-2000]
A.
A building
or structure which has any or all of the following defects is detrimental
to the health, safety and welfare of the residents of the City and
shall be termed a "dangerous building and public nuisance":
1.
One
which shows deterioration of the structural member or members, or
damage or deterioration of the non-supporting enclosing or outside
walls or covering;
2.
Whenever
the building or structure, or any portion thereof, because of dilapidation,
deterioration or decay; faulty construction; the removal, movement
or instability of any portion of the ground necessary for the purpose
of supporting such building; the deterioration, decay or inadequacy
of its foundation; or any other cause is likely to partially or completely
collapse;
3.
One
which has improperly distributed loads upon the floors or roof, or
in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used;
4.
One
which has been damaged by fire, wind or other causes so as to have
become dangerous to life, safety or the general health and welfare
of the occupants, the general public or the people of the City;
5.
One
which is so dilapidated, decayed, unsafe, unsanitary or which fails
to provide the amenities essential to living that it is unfit for
human habitation, or is likely to cause sickness or disease, so as
to work injury to the health, morals, safety or general welfare of
those occupying such building;
6.
One
having light, air and sanitation facilities which are inadequate to
protect the health, morals, safety or general welfare of human beings
who live or may live therein;
7.
One
having inadequate facilities for egress in case of fire or panic,
or having insufficient stairways, elevators, fire escapes or other
means of communication;
8.
One
which has parts thereof which may fall and injure the public or property;
9.
A building
existing in violation of any provisions of the Building Code, the
Fire Prevention Code or other ordinances of the City.
[Ord. No. 2000-1155 §1, 1-25-2000]
A "dangerous building and public nuisance" within
the terms of this Article is hereby declared to be a public nuisance
and shall be repaired, vacated and repaired or vacated and demolished
as provided in this Article.
[Ord. No. 2000-1155 §1, 1-25-2000]
It shall be the duty of all City employees to make a report,
in writing, to the Building Commissioner and Zoning Administrator
or to any of his/her duly authorized representatives, of any building
or structure which they believe is, may be, or is suspected to be
a "dangerous building and public nuisance" within the terms of this
Article. Such reports are to be made within a reasonable time after
the discovery of such building or structure.
[Ord. No. 2000-1155 §1, 1-25-2000]
The employees of the Fire Department shall make a report in
writing to the Building Commissioner and Zoning Administrator of all
buildings or structures which are, may be, or are suspected to be
unsafe buildings within the terms of this Article or have been damaged
by fire. Such reports must be delivered to the Building Commissioner
and Zoning Administrator within twenty-four (24) hours of the discovery
of such buildings by any employee of the Fire Department.
[Ord. No. 2000-1155 §1, 1-25-2000]
A.
The Building
Commissioner and Zoning Administrator or his/her duly authorized representative
shall:
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 which render such places a "dangerous building
and public nuisance".
2.
Inspect
any building, wall or structure about which a complaint is filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of this Article.
3.
Inspect
any building, wall or structure reported by the Fire, Health or Police
Departments of this City as probably existing in violation of the
terms of this Article.
4.
Notify
in writing the owner, occupant, lessee, mortgagee, agent and all other
persons having an interest in the building or structure, as shown
by the land records of the Recorder of Deeds of the County, of any
building or structure found and declared by him/her to be a dangerous
building and a public nuisance within the standards set forth in this
Article, that:
a.
The
owner must vacate, vacate and repair, vacate and demolish or repair
said building in accordance with the terms of the notice and remain
in possession;
b.
The
occupant or lessee must vacate the building or may have it repaired
in accordance with the notice and remain in possession; or
c.
The
mortgagee, agent or other persons having an interest in the building
as shown by the land records of the Recorder of Deeds of the County
may, at his/her own risk, repair, vacate or demolish or have such
work or act done; provided, that any person notified under this Subsection
to repair, vacate and repair or vacate and demolish any building shall
be given such reasonable time not exceeding thirty (30) days, unless,
in the judgment of the Commissioner of Building Hearings, it is determined
to be necessary to extend such time to do or have done the work or
act required by the notice provided herein. Such official shall specify
in an additional written notice the date to which such extension is
made.
5.
Set forth in the notice provided for in Subsection (4) a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building and public nuisance", and an order requiring the same to be put in such condition as to comply with the terms of this Article within the time, or extension thereof, provided for above in Subsection (4).
6.
Report to the Commissioner of Building Hearings any non-compliance with the notice provided for in Subsections (4) and (5), specifically the failure to commence work of reconditioning or demolition within the time specified or the failure to proceed continuously with the work of reconditioning or demolition without unnecessary delay.
7.
Appear
at all hearings conducted by the Commissioner of Building Hearings
and testify as to the condition of a "dangerous building and public
nuisance".
8.
If the
Building Commissioner and Zoning Administrator completes inspection
of a building and finds it to be inherently dangerous and, in his/her
opinion, a nuisance per se, upon approval of such finding ex parte
by the Commissioner of Building Hearings, he/she shall place a notice
on such building forthwith, reading as follows:
"This building has been found to be a dangerous building and
public nuisance by the Building Commissioner and Zoning Administrator.
This notice is to remain on this building until it is repaired, vacated
and repaired, or vacated and demolished in accordance with the notice
which 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
St. Louis County. It is unlawful to remove this notice until such
notice is complied with."
Provided however, the approval of the Commissioner of Building
Hearings and the posting of such notice shall not be construed to
deprive all persons entitled thereto by this Article to the notice
and hearing prescribed herein.
[Ord. No. 2000-1155 §1, 1-25-2000]
A.
The Commissioner
of Building Hearings shall:
1.
If he/she
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, request an inspection and report be made to him/her
by either the Building Commissioner and Zoning Administrator, the
City Architect, the Fire Prevention Division of the Fire Department,
the Police Department, or the Health Department, or by any other City
department, or may retain the services of an expert whenever he/she
deems such service necessary, with the approval of the Board of Aldermen.
2.
Upon
receipt of a report of the Building Commissioner and Zoning Administrator,
as provided for in Section 510.090(6), give at least ten (10) days'
written notice to the owner, occupant, mortgagee, lessee, agent and
all other persons having an interest in the building or structure,
as shown by the land records of the Recorder of Deeds of the County,
to appear before him/her on the date specified in the notice to show
cause why the building or structure reported to be a "dangerous building
and public nuisance" should not be repaired, vacated and repaired,
or vacated and demolished in accordance with the statement of particulars
set forth in the Building Commissioner and Zoning Administrator's
notice provided for in Section 510.090(5).
3.
Hold
a full and adequate hearing and hear and cause a record to be made
of such testimony as the Building Commissioner and Zoning Administrator
or the owner, occupant, mortgagee, lessee or any other person having
an interest in the building as shown by the land records of the Recorder
of Deeds of the County shall offer relative to the "dangerous building
and public nuisance". Any party may be represented by counsel and
all parties shall have an opportunity to be heard.
4.
Make written, specific findings of fact based upon competent and substantial evidence pursuant to Subsection (3) as to whether or not the building in question is a "dangerous building and public nuisance" and detrimental to the health, safety or welfare of the residents within the terms of this Article.
5.
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, the Commissioner of Building Hearings shall issue a written order based upon specific finding of fact ordering the building or structure to be demolished and removed, or repaired; provided however, that the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in the building or structure, as shown by the land records of the Recorder of Deeds of the County, shall have the privilege of either repairing or vacating and repairing the building, if such repair will comply with the ordinances of this City, or the owner or any person having an interest in the building or structure, as shown by the land records of the Recorder of Deeds in the County, may vacate and demolish the "dangerous building" at his/her own risk to prevent the acquiring by the City of a lien against the land where the "dangerous building" stands, as provided in Subsection (6).
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 510.120, 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.
[Ord. No. 2000-1155 §1, 1-25-2000]
A.
The following
standards shall be followed in substance by the Building Commissioner
and Zoning Administrator or his/her duly authorized representative
and the Commissioner of Building Hearings in ordering repair, vacation
or demolition:
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.
3.
In any
case where a "dangerous building" is fifty percent (50%) damaged,
decayed or deteriorated, it shall be repaired or demolished. 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.
In all cases where a "dangerous building" is a fire hazard existing
or erected in violation of the terms of this Code or any ordinance
of this City or Statute of the State, it shall be repaired or demolished.
[Ord. No. 2000-1155 §1, 1-25-2000]
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 Subparagraph (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 510.100. If the City has proceeded under the provisions of Subsection (6) of Section 510.100, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 510.100 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.
[Ord. No. 2000-1155 §1, 1-25-2000]
In cases where it reasonably appears that there is immediate danger to the health, safety or welfare of any person unless a "dangerous building" is immediately repaired, vacated and repaired, or vacated and demolished, the Building Commissioner and Zoning Administrator or his/her duly authorized representative shall report such facts to the Commissioner of Building Hearings, and the Commissioner of Building Hearings shall cause the immediate repair, vacation or demolition of such "dangerous building". The cost of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided in Section 510.120.
[Ord. No. 2000-1155 §1, 1-25-2000]
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 St. Louis County may appeal such decision to the Circuit Court of St. Louis 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 510.100 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.
[Ord. No. 2000-1155 §1, 1-25-2000]
Whenever it is provided in this Article that notice be given
to any person, such notice shall be in writing and shall be served
either by personal service or by certified mail, return receipt requested.
In the event that personal service or service by certified mail cannot
be had, then service may be had by publishing the notice once a week
for two (2) consecutive weeks, and on the same day in each week, in
some newspaper of general circulation in the County, which is qualified
under the Statutes of the State to publish legal notices. Whenever
it is necessary under this Article to allow for the passage of a certain
period of time after the giving of notice, such time shall be computed
from the date of first (1st) publication when service by publication
is had.
[Ord. No. 2000-1155 §1, 1-25-2000]
The Building Commissioner and Zoning Administrator is hereby
authorized to contract for the demolition and removal, or for the
repair of any building or structure ordered by the Commissioner of
Building Hearings, to be repaired or demolished and removed.
[Ord. No. 2000-1155 §1, 1-25-2000]
The City shall not be liable to any affected party for any damage
or injury to any building or structure caused by the enforcement of
this Article when such enforcement is carried out in accordance with
the procedures herein provided.
[Ord. No. 2000-1155 §1, 1-25-2000]
Neither the Building Commissioner and Zoning Administrator nor
Commissioner of Building Hearings or any Building Inspector, officer,
agent or employee 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 Article. Any suit brought against the
Building Commissioner and Zoning Administrator, Commissioner of Building
Hearings, any Building Inspector, officer, agent or employee of the
City as a result of any act required or permitted pursuant to this
Article shall be defended by the City Attorney.
[Ord. No. 2000-1155 §1, 1-25-2000]
A.
The owner of any "dangerous building" who shall fail to comply within the time specified in this Article with any notice or order to repair, vacate or demolish the building given by any person authorized by this Article to give such notice or order, or who shall fail to proceed continuously without unnecessary delay with such vacation, or repair, or demolition shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties of Section 100.140.
B.
The occupant or lessee in possession, who fails to comply with any notice to vacate, and anyone having an interest in the building, as shown by the land records of the Recorder of Deeds in the County, and under a legal duty to repair who fails to repair the building in accordance with any notice given, as provided for in this Article, or who shall fail to proceed continuously without unnecessary delay with such vacation or repair, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties of Section 100.140.
