[R.O. 1996 § 515.800; Ord. No. 4517 § 2, 11-3-2014]
The provisions contained in this
Article may be referred to as the "Blue Springs Property Maintenance
— Dangerous and Nuisance Building and Structure Code" and may
be cited as such in any proceedings under this Article.
[R.O. 1996 § 515.810; Ord. No. 4517 § 2, 11-3-2014]
A.
Any building or structure which has any
condition defined as a nuisance or public nuisance under this Chapter
or other City ordinance, or which satisfies any of the following conditions,
is hereby declared to be a dangerous building or structure, provided
that such conditions or defects exist to the extent that the life,
health, property or safety of the public or its occupants are endangered
and to constitute a public nuisance.
1.
Those whose interior walls or other
vertical structural members list, lean or buckle to such an extent
that a plumb line passed through the center of gravity of any such
wall or vertical structural member falls outside of the middle third
of its base.
2.
Those which, exclusive of the foundation,
show thirty-three percent (33%) or more of damage or deterioration
of the supporting members, or fifty percent (50%) of damage or deterioration
of the non-supporting enclosing or outside walls or covering.
3.
Those which have improperly distributed
loads upon the floors or roofs or in which the floors or roofs are
overloaded, or those having floors or roofs of insufficient strength
to be reasonably safe for the purpose for which they are being used
or intended to be used.
4.
Those which have been substantially
damaged by fire, earthquake, wind, flood or by any other cause(s).
5.
Those which are unoccupied and are
open at door, window, wall or roof. As used herein, an "unoccupied"
building is one which is not being continuously and lawfully inhabited
for residential or any non-residential purpose. As used herein, an
unoccupied building is "open" at door, window, wall or roof when,
because of removal, breakage, deterioration, destruction, or disrepair
of original or replacement materials, the interior has become exposed
to the elements or has become accessible for entry by animals, trespassers
or others acting without the building owner's consent.
6.
Those under construction upon which work has ceased to the point that substantial progress has not been made for a period of thirty (30) consecutive calendar days after a notice has been issued under Section 515.830 for the completion or demolition thereof.
7.
Those in the process of demolition upon which work has ceased to the point that substantial progress has not been made for a period of seven (7) consecutive calendar days after a notice has been issued under Section 515.830 for the completion of demolition thereof.
8.
Those containing therein substantial
accumulations of trash, garbage or other materials susceptible to
fire, or constituting or providing a harboring place for vermin or
other obnoxious animals or insects, or in any way threatening the
health of the occupants thereof or the health of persons in the vicinity
thereof.
9.
Those condemned or deemed by the Code Official as unfit for human occupancy under Sections 515.310 and 515.320 or any provision of the City Code, and upon which no substantial work has been performed to remedy the conditions causing the condemnation thereof for a period of thirty (30) consecutive calendar days after a notice has been issued under Section 515.830 for the demolition or repair of the building.
10.
Those having inadequate facilities
for egress in case of fire or panic.
11.
Those which have parts thereof which
are so attached or deteriorated that they may fall upon public ways
or upon the property of others or may injure members of the public
or the occupants thereof.
12.
Those built in violation of the Building,
Plumbing, Electrical, Fuel Gas or Zoning Codes of the City or used
in violation thereof.
13.
Those which are used or intended
to be used for dwelling purposes, which, because of inadequate maintenance,
dilapidation, decay, faulty construction or arrangement, inadequate
light, air or sanitation facilities, or otherwise, are determined
by the Code Official or their representatives to be unsanitary, unfit
for human habitation or in such a condition that is likely to cause
sickness or disease.
14.
Those buildings or structures which,
because of obsolescence, dilapidated condition(s), deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other
cause, are determined by the Building Official and Fire Chief to be
a fire hazard.
[R.O. 1996 § 515.820; Ord. No. 4517 § 2, 11-3-2014]
A.
In addition to other duties prescribed
by this Chapter and other provisions of the City Code, the Code Official
shall:
1.
Inspect any building or structure about which complaints are filed by any person alleging that the building or structure contains any of the conditions described in Section 515.810.
2.
Inspect any building or structure reported by any department of the City which has reason to believe that the building or structure has any of the conditions set forth in Section 515.810.
3.
Inspect any building or structure of the City at any time whenever there is reason to believe that the building or structure has a condition described in Section 515.810.
4.
Post any building, structure or property, when it reasonably appears to the inspector that there is an immediate danger to the health, safety or welfare of any persons because of any condition described in Section 515.810, with a notice reading substantially as follows:
"UNSAFE: This structure has been deemed unsafe for occupancy per Section 515.810 [or such other Code Section as is applicable] of the Blue Springs Code of Ordinances."
Nothing contained in this Subsection
shall be construed to deprive any person entitled thereto by this
Article of the notice and hearings prescribed in this Article.
5.
Report to the Community Development
Director any noncompliance with any notice given under this Article.
[R.O. 1996 § 515.830; Ord. No. 4517 § 2, 11-3-2014]
Whenever the Code Official has determined that any building or structure is a public nuisance under the provisions of this Article, they shall, as soon as possible thereafter, notify persons entitled to notice under Section 515.260 in the form prescribed by Section 515.270. Notice shall be delivered in accordance with Section 515.280. Such notice shall include the conditions creating the public nuisance and provide for the abatement thereof, including, but not limited to, vacating the structure or building, reconditioning, repairing, or removing same. This notice may also include a notice of hearing should the public nuisance not be abated within the time allowed as provided for in Section 515.270.
[R.O. 1996 § 515.840; Ord. No. 4517 § 2, 11-3-2014]
In addition to any other remedy available
pursuant to City Code, ordinances, State or Federal law, the Code
Official may proceed to cause a public nuisance to be abated under
the provisions of this Chapter and Article.
[R.O. 1996 § 515.850; Ord. No. 4517 § 2, 11-3-2014]
A.
Whenever a notice shall be given that any
building or structure constitutes a public nuisance under the provisions
of this Article, the Code Official giving the notice shall base their
order as to the necessary actions to abate the nuisance by observance
of the following standards:
1.
If the conditions which cause the
building or structure to be a public nuisance can be reasonably repaired
or maintained so that the building or structure will no longer exist
in violation of the terms of this Article, the building or structure
shall be ordered so repaired or maintained; and if it is not repaired
or maintained by the owner, then the City may abate the nuisance by
repairing, securing, boarding, demolition or other appropriate means.
2.
In any case where the state of deterioration
of a building or structure constituting the public nuisance is such
that necessary repairs would amount to a substantial reconstruction
of the building or structure, it shall be ordered repaired or demolished;
and if it is not repaired or demolished by the owner, then the City
may abate the nuisance by repairing, securing, boarding, demolition
or other appropriate means.
3.
In all cases where the conditions
causing the building or structure to be a public nuisance cannot be
reasonably repaired or maintained so that the building or structure
will no longer exist in violation of the terms of this Article, the
building or structure shall be demolished.
4.
If the conditions are such as to
make the building or structure immediately dangerous to the health,
safety or welfare of its occupants, the building or structure shall
be ordered vacated pending abatement of the nuisance.
5.
Any building or structure constituting a public nuisance because of the conditions described in Section 515.810(A)(5) shall be ordered to be completed in accordance with lawful plans and specifications; and if it shall not be so completed or demolished by the owner within the time specified in the order of abatement, then the City shall abate the nuisance by demolition.
6.
Any building or structure found to be a public nuisance because of the conditions described in Section 515.810(A)(6) shall be ordered demolished by the owner within the time specified in the order of abatement; and if the owner fails to do so, then the City shall abate the nuisance by demolition.
[R.O. 1996 § 515.860; Ord. No. 4517 § 2, 11-3-2014]
A.
Whenever there shall be a failure to obey a notice to abate a public nuisance issued as provided in Section 515.830 by not commencing work in the time specified in the notice, or there shall be a failure to proceed continuously with the work required therein without unnecessary delay, the City Administrator, or their designee, who shall serve as a hearing officer, shall call and have a full and adequate hearing upon the matter, giving all interested persons at least ten (10) days' written notice of the hearing. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of:
1.
Whether or not the building or structure
involved is a public nuisance under the terms of this Article;
2.
Whether the procedures required by
this Article have been substantially followed; and
3.
Whether or not the abatement order
of the Building Inspector was reasonable and within the standards
of this Article.
B.
All testimony shall be under oath, which
may be administered by the hearing officer, and a recording of the
hearing shall be made by an electronic device capable of recording
the hearing, and the hearing officer may cause a written record of
the hearing to be made by a reporter to be employed by the City, the
cost of which shall be paid by the City should the proceeding be eventually
held against the City, and by the owner if it should not. In the latter
case, the cost of such reporting shall be a lien upon the lot, tract
or parcel of land upon which the building or structure stands and
shall be added to the costs of performance for demolition or repair
if the City shall be required to do so, and shall be payable as provided
for such costs. If an electronic recording is made of the hearing,
then the hearing officer shall maintain the recording and make it
available to any party to the hearing upon request for transcription
at the requesting party's expense. The City Administrator may designate
another representative of the City to perform all those duties of
the Code Official set forth in this Article.
[R.O. 1996 § 515.870; Ord. No. 4517 § 2, 11-3-2014]
Within thirty (30) days from the date of the hearing required by Section 515.860. the hearing officer shall, upon the basis of competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not the building or structure in question is a public nuisance under the terms of this Article and detrimental to the health, safety or welfare of residents of the City, specifically finding as a matter of fact the conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by this Article have been substantially met and complied with and whether or not the abatement order of the Code Official to abate the nuisance was reasonable in its terms and conditions and within the standards of this Article. If it is found that the abatement order was not reasonable or within the standards of this Article, it shall be the duty of the hearing officer to make their own finding of fact as to what is reasonably required to abate the public nuisance within the standards of this Article. If the hearing officer finds that a public nuisance does not exist or that the procedures of this Article have not been substantially met and complied with, the proceeding against the building or structure shall be dismissed.
[R.O. 1996 § 515.880; Ord. No. 4517 § 2, 11-3-2014]
A.
If a proceeding is not dismissed following the findings required by Section 515.870, the hearing officer shall issue an order of abatement directing the building or structure to be completed, secured, boarded, repaired or demolished, and vacated, as the case may be, within the standards of this Article. This order, together with the findings of fact and conclusions of law required by Section 515.870, shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to their attorney of record. In addition, copies of the order and findings of fact and conclusions of law shall be posted in a conspicuous place in the office of the Code Official and within the City Offices for the City of Blue Springs where public notices are posted for a period of thirty (30) days from the date of issuance thereof. The order shall state a reasonable time, which shall not be less than thirty (30) days from the date of issuance, within which to comply with the order, and shall further provide that if it is not complied with within such time, the City Administrator, or their designee, may cause work to be done by the City and its own crews or by contractors employed by the City for that purpose, or the City may enter into contracts with persons engaged in the business of repairing, securing, boarding or demolishing buildings for the purpose of enforcing the order provided for in this Section, provided there are unencumbered funds in the City budget for that purpose.
B.
In the alternative, upon the failure of the owner to comply with the order of abatement directing completion, securing, boarding, repair, demolition or other means of abatement of the building or structure as required, or upon the finding of the hearing officer that the building is a public nuisance under Section 515.810 hereof, the City Administrator may request that the City Council exercise its authority of eminent domain under Article VI, Section 21, of the Constitution of the State of Missouri by declaring a public necessity for the taking of the property as blighted, substandard or unsanitary and directing the City Attorney to commence proceedings to obtain ownership of the building or structure, and the property upon which it is located, by condemnation. If the City acquires title to the property by eminent domain, the Code Official shall thereafter abate the nuisance on behalf of the City by repair, demolition or other appropriate action.
[R.O. 1996 § 515.890; Ord. No. 4517 § 2, 11-3-2014]
A.
Whenever the City shall have caused the work to be done as provided by Section 515.880, or incurred costs for emergency abatement as provided in Sections 515.920 and 515.1000, the Code Official shall certify the cost of the work to the City Clerk, who shall cause to be prepared a special tax bill therefor and for the cost of the reporter at the hearing, which shall likewise be certified by the Code Official. This tax bill shall be issued against the lot, tract or parcel of land upon which the building or structure is located and against the property owner. The special tax bill, from the date of its issuance, shall be deemed the personal debt of the property owner and shall be a lien on the lot, tract or parcel of land until paid and shall be registered in the office of the Director of Finance of the City in a book kept by them for such purposes or in the same manner as other liens which the City has against property.
B.
If any nuisance abated by the Code Official
or their designee as hereinbefore provided extended before the abatement
over the property of more than one (1) owner, the cost of abating
the same shall be assessed in proportion to the amount of work and
expense for each proportionate part of the entire work in the area,
and the special tax bills hereinbefore provided for shall be levied
and collected accordingly; but, in determining who is the owner of
any particular lot, plot, or parcel of land as for instance in joint
tenancy or in common, shall be deemed a single owner in order to preserve
to the City its lien against the particular lot, plot, or parcel of
land under the special tax bill levied against the same as aforesaid.
C.
At the written request of the taxpayer
delivered to the City Clerk, a tax bill for repair or demolition of
a building or structure may be paid in ten (10) equal annual installments,
which installments, with interest thereon to date on the unpaid balance,
shall be due annually on the anniversary of the date of issuance of
the bill. Interest shall be at the rate of eight percent (8%) per
annum on the unpaid balance of the special assessment, computed 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.
D.
If a request for ten (10) annual payments
is not made prior to the time the Code Official shall certify the
cost of the work to the City Clerk, the tax bill shall be payable
in sixty (60) days from its date of issuance, with interest thereon
at eight percent (8%) per annum until paid.
[R.O. 1996 § 515.900; Ord. No. 4517 § 2, 11-3-2014]
Special tax bills issued under Section 515.890 shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property and the property owner for the charges stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction on behalf of the City. Judgment in any such suit may, at the election of the City, order the property sold under special writ of execution, with the proceeds thereof being applied first to the costs of sale, and the remainder to the amount of the judgment, provided the property owner shall remain personally liable for the amount of any deficiency remaining if the proceeds of sale are not sufficient to pay the full amount of the lien, or the City may forego the lien and elect to take a personal judgment against the property owner for the entire amount of the unpaid special tax bill, with a general execution to issue therefor.
[R.O. 1996 § 515.910; Ord. No. 4517 § 2, 11-3-2014]
Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the hearing officer made under the provisions of Section 515.880. The appeal shall be made to the Circuit Court of the County in the manner set forth in Chapter 536, RSMo. In any appeal provided for in 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 appeal shall be allowed to present evidence on behalf of the City in accordance with Subsection 2 of Section 67.430, RSMo.
[R.O. 1996 § 515.920; Ord. No. 4517 § 2, 11-3-2014]
In all cases where it reasonably
appears that an immediate danger to the health, safety or welfare
of any person exists, the Code Official may take emergency measures
to vacate, repair or demolish a building or structure which is a public
nuisance under the provisions of this Article. The Code Official shall
provide notice to the extent such notice is possible and does not
interfere with the immediate preservation of the health, safety and
welfare of the public and occupants of the structure or building.
[R.O. 1996 § 515.930; Ord. No. 4517 § 2, 11-3-2014]
No officer, agent or employee of
the City shall be personally liable for any damage that may occur
to any persons or property as a result of any act required of them
or permitted to be taken by them under the terms of this Article.
Any suit brought against any such officer, agent or employee of the
City as a result of any such acts required or permitted shall be defended
by the City Attorney until the final determination of the proceedings;
and if judgment shall be obtained, it shall be paid by the City. It
is hereby further declared that no officer, agent or employee of the
City owes any duty under the provisions of this Article to any citizen
or other individual, but that the duties prescribed in this Article
and imposed upon officers, agents or employees of the City are duties
to be performed for the government of the City.
[R.O. 1996 § 515.940; Ord. No. 4517 § 2, 11-3-2014]
[R.O. 1996 § 515.950; Ord. No. 4517 § 2, 11-3-2014]
It shall be unlawful for the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in a building or structure not to comply with the order of abatement of the hearing officer issued pursuant to Section 515.880 or 515.920. Any person who violates the order of the Code Official or hearing officer shall be subject to a penalty under Section 100.080 of the Code of Ordinances.
[R.O. 1996 § 515.960; Ord. No. 4517 § 2, 11-3-2014]
A.
If there are proceeds of any insurance
policy based on a covered claim payment for damage or loss to a building
or other structure arising out of or caused by fire, explosion or
other casualty loss, and the covered claim payment exceeds fifty percent
(50%) of the face value of the policy covering such building or other
structure, then the insurer shall pay to the Department of Finance
a sum equal to twenty-five percent (25%) of the covered claim, within
thirty (30) days of the determination of coverage, to be held by the
City in an interest-bearing account. The proceeds shall be used to
reimburse the City for its costs in the removal of such building or
other structure, if necessary.
B.
The City shall release the proceeds paid to it pursuant to Subsection (A) of this Section to the insured or in accordance with the provisions of the insurance policy and endorsements thereto as directed by the insurer unless, within thirty (30) days after receipt of the insurance proceeds, the designated official of the City has commenced an action under Section 515.830 et seq., for the building or other structure to be repaired, secured or demolished.
C.
The City shall apply the insurance proceeds
first to the cost of the removal of any building or other structure
found to be a nuisance under this Article, less any salvage value,
prior to the expenditure of any City funds. Should any balance of
insurance proceeds remain in the interest-bearing account after the
expense of removal of such building or structure has been paid, the
balance shall be paid over to the insured.
D.
Nothing in this Section shall be construed
to affect the priority of a named mortgagee on the insurance policy
to the proceeds of the policy.
E.
It shall be unlawful for an insurance carrier
to fail to pay insurance proceeds to the City after being notified
pursuant to this Article.
[R.O. 1996 § 515.970; Ord. No. 4517 § 2, 11-3-2014]
At such time as any of the conditions listed in Section 515.810 are determined to be in existence by the Code Official or inspector, the owner shall, upon request, provide entry to an inspector of the City for purpose of determining whether:
[R.O. 1996 § 515.980; Ord. No. 4517 § 2, 11-3-2014]
[R.O. 1996 § 515.990; Ord. No. 4517 § 2, 11-3-2014]
It shall be unlawful for the owner
of any unoccupied building to allow the same to become open at door,
window, wall or roof for a period of time exceeding twenty-four (24)
hours, except when such building is being boarded, repaired or demolished
under a valid permit issued by the Code Official.
[R.O. 1996 § 515.1000; Ord. No. 4517 § 2, 11-3-2014]
A.
The City Council hereby finds and declares
that unoccupied buildings which are open at door and/or window, wall
or roof constitute a potential danger and/or a public nuisance and
constitute an emergency under this Article. The Code Official may,
upon their determination that a building is unoccupied and open at
door and/or window, wall or roof, temporarily close such building
by proceeding as follows:
1.
The Code Official shall post the property with a notice pursuant to Section 515.830, pertaining to notice of public nuisance, for not less than twenty-four (24) hours.
2.
After the property has been posted
for not less than twenty-four (24) hours, the City Administrator,
or their designee, shall hold a hearing to give the owner and any
interested parties an opportunity to respond.
3.
The Code Official is authorized to
employ a contractor for the purpose of securing the building.
4.
Whenever the City shall have caused the work to be done as provided for in this Subsection, the Code Official shall certify the cost of the work to the City Clerk, who shall cause to be prepared a special tax bill assessment therefor, pursuant to the terms and conditions set forth in Section 515.890, pertaining to manner of payment of tax bills for work.
5.
If a building or structure is in violation of only Section 515.810(A)(5), and the City has temporarily boarded the building under Section 515.1000, the Code Official shall issue a notice pursuant to Section 515.830 to the property owner to abate the nuisance by removing any temporary boarding materials and to repair or restore the opening(s) back to their original material, design, function and/or intent.
